(A) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE NICOTINE PRODUCTS. A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing or by any other means. ALTERNATIVE NICOTINE PRODUCTS exclude cigarettes, smokeless tobacco, or other tobacco products as these terms are defined in this section or Section 1 of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act (720 ILCS 675/1 et seq.), and any product approved by the United States Food and Drug Administration as a non-tobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
TOBACCO PRODUCTS. Any substance containing tobacco leaf, including, but not limited to, cigarettes, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
(B) Persons under the age of 18.
(1) Sale to minors prohibited. It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products or alternative nicotine products to any person under the age of 18 years.
(2) Purchase and possession by minors prohibited. It shall be unlawful for any person under the age of 18 years to purchase or possess any tobacco products or alternative nicotine products; provided, that the possession by a person under the age of 18 years 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. Before selling, offering for sale, giving, or furnishing any tobacco product or alternative nicotine product, or any cartridge or component of an alternative nicotine product, to another person, the person selling, offering for sale, giving, or furnishing the product or component shall verify that the person is at least 18 years of age by:
(a) Examining from any person that appears to be under 27 years of age a government- issued photographic identification that establishes the person is at least 18 years of age; or
(b) For sales made through the Internet or other remote sales methods, performing an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes the person is 18 years of age or older.
(C) Violations and fines. Violations with respect to sale of tobacco and alternative nicotine products to a person under 18 years of age and with respect to possession of tobacco and alternative nicotine products by a person under 18 years of age shall be as provided in § 130.99.
(1983 Code, § 5-3-26) (Ord. 97-12, passed 9-2-1997; Ord. 15-01, passed 1-12-2015) Penalty, see § 130.99