(A) The Smoke Free Illinois Act (ILCS Ch. 410, Act 82, §§ 1 et seq.), as amended from time to time, is hereby adopted as the Smoke Free Code of the village, which regulates and governs smoking in public places, places of employment, and government vehicles; and each and all of the regulations, provisions, penalties, conditions, and terms of the Smoke Free Illinois Act are hereby adopted and made a part hereof, as if fully set out in this chapter; and the La Grange Park Police Department is empowered to adopt procedures for the issuance of citations and the collection of penalties for violation of this chapter.
(1) References to a state employee or official may be to a corresponding village employee or official where such reference is applicable or necessary. Any provision of the Smoke Free Illinois Act adopted herein may be cited by placing “131.13" before the appropriate Smoke Free Illinois Act section number as set forth in Illinois Compiled Statutes.
(2) The use of any “alternative nicotine product” as defined under Section 675/1.5(a) of the Prevention of Tobacco Use By Persons Under 21 Years (ILCS Ch. 720, Act 675, §§ 0.01 et seq.) as amended from time to time, specifically the use of what is commonly known as electronic cigarettes or e-cigarettes, shall be included within the definition of “smoking” or “smoke” under the Smoke Free Illinois Act, ILCS Ch. 410, Act 82, § 10, as amended from time to time.
(B) It shall be unlawful for any person to sell, buy for, distribute samples of or furnish any tobacco product, electronic cigarette or alternative nicotine product to any person under 21 years.
(C) It shall be unlawful for any person under 21 years of age to sell or distribute a sample of any tobacco product, electronic cigarette, or alternative nicotine product at a retail establishment selling tobacco products, electronic cigarettes, or alternative nicotine products, unless the sales clerk, in a family-owned business, is in fact a son or daughter of the owner. Before selling, offering for sale, giving, or furnishing a tobacco product, electronic cigarette, or alternative nicotine product to another person, the person selling, offering for sale, giving, or furnishing the tobacco product, electronic cigarette, or alternative nicotine product shall verify that the person is at least 21 years of age by examining from any person that appears to be under 30 years of age a government-issued photographic identification that establishes the person to be 21 years of age or older.
(D) For purposes of this chapter, the following terms shall have the definitions as hereinafter stated:
(1) ALTERNATIVE NICOTINE PRODUCT. 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 PRODUCT does not include: any product approved by the United States Food and Drug Administration 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.
(2) ELECTRONIC CIGARETTE.
(a) Any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation;
(b) Any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or
(c) Any solution or substance, whether or not it contains nicotine intended for use in the device.
(d) Any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, any components or parts that can be used to build the product or device, and any component, part, or accessory of a device used during the operation of the device, even if the part or accessory was sold separately.
(3) NICOTINE. Any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived.
(4) TOBACCO PRODUCT. Any product containing or made from tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, and any other smokeless tobacco product which contains tobacco that is finely cut, ground, powdered, or leaf and intended to be placed in the oral cavity.
(Ord. 1235, passed 11-26-24)