ARTICLE IX. ENFORCEMENT – PENALTIES (4-64-900 et seq.)

A. FINES (4-64-900 et seq.)

4-64-900 Fines – Specific offenses.

   (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)

4-64-905 Fines – Price floor, coupon prohibition, and package size violations.

   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)

4-64-910 Fines – Underage tobacco violations.

   (a)   Violations of Section 4-64-345. Any person who violates Section 4-64-345 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.

   (b)   Violations of Section 4-64-360 and Section 4-64-500(4)(i). Any person who violates Sections 4-64-360 or 4-64-500(4)(i) shall be punished by a fine of not less than $200.00 nor more than $500.00 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, § 19; Amend Coun. J. 1-18-23, p. 59711, § 1)

B. REVOCATION (4-64-930 et seq.)

Editor's note – Subarticle designation amended by Coun. J. 1-18-23, p. 59711, § 1.

4-64-930 License revocation for a single offense – Authorized.

   In addition to any other penalty provided by law, any tobacco license issued under this Chapter may be revoked by the Commissioner in accordance with Section 4-4-280 at any time upon violation by the licensee of any provision of this Chapter or applicable federal or State law.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 9)