A. Possession: It shall be unlawful for any person under the age of twenty-one (21) years to have in his or her possession any cigarette, cigar, electronic cigarette, nicotine product or tobacco product in any form.
B. Sales To Minors: It shall be unlawful for any person, firm, corporation or other business entity to sell, buy for, furnish, exchange, or give any cigarettes, cigars, electronic cigarettes, nicotine products, or tobacco products in any form to any person under the age of twenty-one (21) years.
C. Exception:
1. It shall not be a violation of this chapter for any person under the age of twenty-one (21) years to possess any tobacco product, electronic cigarette or nicotine product if such possession is incidental and temporary possession in the performance of retail clerk duties for businesses registered with the village or the State of Illinois if such person is at least sixteen (16) years old or older unless the sales clerk is in a family-owned business that can prove that the sales clerk is in fact a son or daughter of the owner.
2. It shall not be a violation of this chapter for a person under twenty-one (21) years of age to purchase a tobacco product, electronic cigarette, or alternative nicotine product if the person under the age of 21 purchases or is given the tobacco product, electronic cigarettes, or alternative nicotine products or an employee of the retail seller pursuant to a plan or action to investigate, patrol or otherwise conduct a “sting operation” or enforcement action against a retail seller of tobacco products, electronic cigarettes, or alternative nicotine products to determine if such products are being sold or given to persons under 21 years of age if the “sting operation” is approved by, conducted by, or conducted on behalf of the Heyworth Police Department or other approved State or government department.
D. Penalty: Any person, firm, corporation or other business entity that violates this section is guilty of a petty offense and shall be fined not to exceed fifty dollars ($50.00) for the first offense, and not more than one hundred dollars ($100.00) for any second or subsequent offense.
E. Distribution Of Fines: The village treasurer shall distribute all fines collected under this section as follows:
1. One-half (1/2) to the village.
2. One-half (1/2) to the state of Illinois to be used for enforcing the prevention of tobacco use by minors act 1 . (Ord. 2009-104, 9-8-2009; Ord. 2022-03, 3-17-2022)
Notes
| 1 | 720 ILCS 675/0.01 et seq. |