A. Definitions: The following terms shall, for the purpose of this section, have the meanings herein ascribed to them:
MINOR: A person less than twenty-one (21) years of age.
TOBACCO PRODUCT: Any item, product, or substance containing tobacco leaf, including, without limitation, cigarettes, cigars, snuff, pipe tobacco, chewing tobacco, dipping tobacco, smokeless tobacco, e-cigarettes, or alternative nicotine products. (Ord. 1694-16, 9-26-2016)
B. Sale To Minors Prohibited: It shall be unlawful for any person to sell, give away, offer to sell, offer to give away, or deliver any tobacco product to a minor. It also shall be unlawful for any person to cause or allow any minor to purchase any tobacco product within the corporate limits of the village.
Signs informing the public of the age restrictions provided for herein shall be posted at or near every display of tobacco products and on or upon every vending machine which offers tobacco products for sale. Each such sign shall be plainly visible and shall state:
THE SALE OF TOBACCO PRODUCTS TO PERSONS
UNDER EIGHTEEN YEARS OF AGE
IS PROHIBITED BY LAW.
The text of such signs shall be in red letters on a white background; said letters to be at least one inch (1") high.
C. Sale By Minors Prohibited: It shall be unlawful for any minor to sell, or for any person to engage, employ or permit any minor to sell, any tobacco product within the corporate limits of the village.
D. Purchase By Minors Prohibited: It shall be unlawful for any minor to purchase any tobacco product or to misrepresent his identity or age or to use any false or altered identification for the purpose of purchasing any tobacco product within the corporate limits of the village.
E. Possession By Minors Prohibited: It shall be unlawful for any minor to possess any tobacco product within the corporate limits of the village; provided, however, that the possession by a minor under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited.
F. Free Distribution Prohibited: It shall be unlawful for any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, in the course of such business, to distribute, give away, or deliver any tobacco product free of charge to any person on any public right of way, park, playground or other village owned property, any school district, any park district, or any public library.
G. Sales Prohibited In Certain Locations: It shall be unlawful for any person to sell, give away, offer to sell, offer to give away, or deliver any tobacco product within one hundred feet (100') of the property of any school, childcare facility or the property on which a building is located and used for education or recreation purposes or programs involving minors.
H. Vending Machines; Locking Devices: It shall be unlawful for any person to sell or offer for sale, give away, deliver or to keep with the intention of selling, giving away or delivering any tobacco product by use of a vending machine unless such vending machine is equipped with a manual, electric or electronic locking device controlled by such person so as to prevent its operation by a minor.
Any premises where access to minors is prohibited by law or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of the business located at such premises shall be exempt from the requirements of this subsection.
I. Responsibility For Agent Or Employee: Every act constituting a violation of this section by an agent or employee of any person shall be deemed and held to be the act of such person, and such person shall be punishable in the same manner as if such act had been done by such person personally. (Ord. 738-95, 6-12-1995; amd. Ord. 1971-19, 9-23-2019)