Loading...
(a) Reward authorized. A reward of $100.00 for information resulting in a conviction or finding of liability for illegal sale of cigarettes, as defined in Section 4-64-100, is hereby authorized. Such reward shall be administered by the Department of Health, in conjunction with the Department of Business Affairs and Consumer Protection.
(b) Eligibility criteria. Persons who report instances of illegal sale of cigarettes to the City by calling the City of Chicago's non-emergency telephone number, 3-1-1, or by using other verifiable means of notification (e.g. letter, e-mail) to the Department of Police or Department of Business Affairs and Consumer Protection, will be eligible for the reward authorized under subsection (a) of this section if all of the following requirements are met: (1) the person reporting the violation identifies himself/herself and provides his/her contact information to the 3-1-1 operator or Department notified of the violation; and (2) the person reporting the violation completes and signs a witness report; and (3) the witness report results in a conviction or finding of liability for illegal sale of cigarettes of the person(s) identified in such report as having committed the violation on the date and at the time set forth in such report. City employees shall not be eligible for the reward authorized under this section.
(c) Reward process. The Commissioner of Health, in conjunction with the Commissioner of Business Affairs and Consumer Protection, shall establish processes for: (1) determining whether the eligibility criteria set forth in subsection (b) of this section for claiming the reward have been met; (2) notifying the person identified in the witness report of the fact of a conviction or finding of liability and the procedures that must be followed by such person to claim the reward; (3) notifying the Comptroller that the reward has been claimed; and (4) otherwise implementing the requirements of this section. If, in a particular case, a determination is made that more than one witness report resulted in a conviction or finding of liability, the $100.00 reward provided for under this section shall be divided equally among the person(s) who signed the applicable witness reports.
(d) Disclaimers. Nothing in this section shall be construed to create a private right of action to enforce this section. The City reserves the right, in its sole discretion, with or without notice, to terminate at any time and for any reason the reward authorized under this section. The City shall not be liable for any damages, whether direct, indirect, incidental, special or consequential, related in any way to such reward, or for any consequences following therefrom or related thereto.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5)
ARTICLE VIII. PRICE FLOORS, COUPON PROHIBITION, AND MINIMUM
PACKAGE SIZES FOR TOBACCO PRODUCTS (4-64-800 et seq.)
PACKAGE SIZES FOR TOBACCO PRODUCTS (4-64-800 et seq.)
(b) In the event Chapter 3-49 of this Code is invalidated by a court of competent jurisdiction or by legislation, the operation, application, and enforcement of Sections 4-64-810 and 4-64-830 shall commence on the 90th day following the date of the final judicial determination or the effective date of the legislation, as applicable.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5)
(a) The following price floors shall apply to sales in the City of Chicago:
(1) The price floor for cigarettes shall be $11.50 per package, provided that this floor may be modified pursuant to subsection 4-64-810(b).
(2) The price floor for little cigars shall be $11.50 per package, provided that this floor may be modified pursuant to subsection 4-64-810(b).
(3) The price floor for large cigars shall be $1.36 per cigar, provided that this floor may be modified pursuant to subsection 4-64-810(b).
(4) The price floor for pipe tobacco shall be $4.56 per ounce, provided that this floor may be modified pursuant to subsection 4-64-810(b).
(5) The price floor for smoking tobacco shall be $11.29 per ounce, provided that this floor may be modified pursuant to subsection 4-64-810(b).
(6) The price floor for smokeless tobacco shall be $4.94 per ounce, provided that this floor may be modified pursuant to subsection 4-64-810(b).
(b) The Commissioner of Health, with the approval of the Comptroller, may amend by rule the price floor applicable to a category of tobacco product in an amount proportional to any change in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for all Urban Consumers for the Chicago metropolitan area. In the event the Commissioner of Health amends a price floor, the amended price floor shall not go into effect until 90 days after the amended price floor is announced via rule duly promulgated by the Department of Public Health.
(c) No person shall sell or offer for sale a tobacco product to a consumer for a price less than the price floor.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 11-7-18, p. 88803, § 11)
No person shall:
(a) honor or accept a price reduction instrument in any transaction related to the sale of a tobacco product to a consumer;
(b) sell or offer for sale a tobacco product to a consumer through any multi-package discount, or otherwise provide to a consumer a tobacco product for less than the listed price in exchange for the purchase of another tobacco product by the consumer, with the exception that this prohibition shall not apply to large cigars or pipe tobacco, which may be sold at a discounted rate equal to or in excess of the applicable price floor, if any, set by the City; or
(c) sell, offer for sale, or otherwise provide to a consumer any tobacco products, other than large cigars or pipe tobacco, for less than the listed price.
(d) In addition to any other penalty provided by law: (i) any person who violates subsection (a) of this section shall be punished by the fine set forth in Section 4-64-900; and (ii) any person who violates subsection (b) or (c) of this section shall be punished by the fine set forth in Section 4-64-905.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 16)
The Department of Business Affairs and Consumer Protection shall enforce this Article VIII. The Commissioners of Health and of Business Affairs and Consumer Protection, acting jointly or individually, may promulgate rules necessary or appropriate to administer this Article VIII.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5)
Loading...