Loading...
(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)
ARTICLE IX. ENFORCEMENT – PENALTIES (4-64-900 et seq.)
(a) Alleged violations of this Chapter 4-64 shall be adjudicated by the Circuit Court of Cook County, or by the Department of Administrative Hearings, or by the Commissioner. Penalties shall be as prescribed in this section, notwithstanding any other general penalty provision in this Code.
(b) Except as otherwise provided in subsection (c) of this section, and in addition to any other penalty provided by law, any person found liable of violating Sections 3-42-060, 3-42-100, 4-64-200(a), 4-64-300, 4-64-310, 4-64-315, 4-64-340, 4-64-400(1), 4-64-500(1), 4-64-500(2), 4-64-500(3)(i), 4-64-500(5), 4-64-510(1), 4-64-515, 4-64-520, 4-64-710 or 4-64-820(a) or any rule duly promulgated thereunder shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00 each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(c) Any person found liable of violating Section 4-64-500(3)(ii) through (3)(iv), inclusive, shall be punished by a fine of not less than $2,000.00 nor more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 17; Amend Coun. J. 1-18-23, p. 59711, § 1)
Except as otherwise provided in Section 4-64-820(d), and in addition to any other penalty provided by law: any person found liable for a first offense for violating Article VIII of this Chapter or any rule promulgated thereunder shall be punished by a fine of not less than $1,000.00 nor more than $2,000.00. Any person found liable for a second offense, occurring within five years of the first offense, for violating Article VIII of this Chapter or any rule promulgated thereunder shall be punished by a fine of not less than $2,500.00 nor more than $3,500.00. Any person found liable for a third offense, occurring within five years of the first offense, for violating Article VIII of this Chapter or any rule promulgated thereunder shall be punished by a fine of not less than $5,000.00 nor more than $7,500.00. Each day that a violation continues shall constitute a separate and distinct offense. For purposes of this section, multiple violations occurring on the same date shall be deemed a single violation.
(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 18)
Loading...