A. Definitions: For the purposes of this chapter, the following words and phrases shall have the following meanings:
ALTERNATIVE NICOTINE PRODUCT: A product, substance, 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" excludes cigars, cigarettes, smokeless tobacco, or other tobacco products as these terms are defined in 720 Illinois Compiled Statutes 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.
SMOKELESS TOBACCO: Any tobacco products that are suitable for dipping or chewing.
SMOKING HERBS: All substances of plant origin and their derivatives, including, but not limited to, broom, calea, California poppy, damiana, hops, ginseng, lobelia, jimsonweed and other members of the Datura genus, passionflower and wild lettuce, which are processed or sold primarily for use as smoking materials.
SMOKING OR TO SMOKE: The act of inhaling and/or exhaling the smoke from or carrying or possessing any form of lighted tobacco product(s), or the act of inhaling, exhaling, or otherwise ingesting or using, vaporizing, or vaping alternative nicotine products, smoking herbs, and/or smokeless tobacco products.
TOBACCO ACCESSORIES: Cigarette papers, pipes, holders of smoking materials of all types, cigarette rolling machines and other items designed primarily for the smoking or ingestion of tobacco products or of substances made illegal under any statute or of substances whose sale, gift, barter or exchange is made unlawful under this chapter.
TOBACCO PRODUCTS: Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, or smokeless tobacco.
VAPING OR TO VAPE: The act of inhaling, exhaling, vaporizing, or otherwise using or ingesting alternative nicotine product(s).
VENDING MACHINE: Any mechanical, electric or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products or alternative nicotine products. (Ord. 2018-O-21, 10-9-2018)
B. Underage Persons:
1. Tobacco Products, Alternative Nicotine Products, And Smoking Herbs:
a. No person under twenty one (21) years of age shall buy, possess, smoke, or inhale any tobacco product(s), alternative nicotine product(s), and/or smoking herbs in any of their respective forms.
b. No person, including but not limited to any licensee, shall sell, buy for, distribute samples of or furnish any tobacco product(s), alternative nicotine product(s), and/or smoking herbs in any of their respective forms to any person under twenty one (21) years of age.
c. It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee to engage, employ or permit any person under twenty one (21) years of age to sell tobacco products, tobacco accessories, alternative nicotine product(s), and/or smoking herbs in any of their respective forms.
2. Tobacco Accessories:
a. No person shall knowingly sell, barter, exchange, deliver or give away or cause or permit or procure to be sold, bartered, exchanged, delivered or given away any tobacco accessory(ies) to any person under twenty one (21) years of age.
b. No person under twenty one (21) years of age shall buy or possess any tobacco accessory(ies).
3. Sale(s) To Persons Under The Age Of Twenty One Prohibited: Before selling, offering for sale, giving, or furnishing any tobacco product(s), tobacco accessory(ies), alternative nicotine product(s), and/or smoking herbs, or any cartridge, component, or part thereof to another person, the person selling, offering for sale, giving, or furnishing any such product(s) and/or accessory(ies) shall verify that the person receiving any such product(s) and/or accessory(ies) is at least twenty one (21) years of age by:
a. Obtaining from any person who appears to be under thirty (30) years of age and examining such person's government- issued photographic identification that establishes that such person is at least twenty one (21) 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 placing such order during the ordering process that establishes the person is twenty one (21) years of age or older.
4. False Identification Cards: It shall be unlawful for any person to display or use a false or forged form of identification or to transfer, alter or deface any government-issued form of identification for the purpose of obtaining any tobacco product(s), tobacco accessory(ies), alternative nicotine product(s), and/or smoking herbs in any of their respective forms.
5. Warning To Underage Persons:
a. Any person, firm, partnership, company or corporation operating a place of business wherein tobacco products, tobacco accessories, alternative nicotine products and/or smoking herbs in any of their respective forms are sold or offered for sale shall post in a conspicuous place upon the business premises near every display of tobacco products, tobacco accessories, alternative nicotine products and/or smoking herbs a sign upon which there shall be imprinted the following statement:
SALE OF TOBACCO PRODUCTS, TOBACCO ACCESSORIES, ALTERNATIVE NICOTINE PRODUCTS, AND/OR SMOKING HERBS TO PERSONS UNDER TWENTY-ONE (21) YEARS OF AGE OR THE MISREPRESENTATION OF ONE'S AGE FOR THE PURPOSE OF PROCURING ANY OF SUCH ITEMS IS PROHIBITED BY LAW. POSSESSION OF TOBACCO PRODUCTS, TOBACCO ACCESSORIES, ALTERNATIVE NICOTINE PRODUCTS, AND/OR SMOKING HERBS BY ANY SUCH UNDERAGE PERSON IS ALSO PROHIBITED BY LAW.
b. Such a sign shall be printed on a white card in red letters at least one-half inch (1/2") in height.
C. Sample Distribution: No person shall distribute without charge sample(s) of any tobacco product(s) or of any alternative nicotine product(s) to any other person, regardless of age:
1. Within a retail establishment selling tobacco product(s) and/or alternative nicotine product(s), unless the retailer has verified that the recipient is twenty one (21) years of age or older by the recipient's presentation of a government- issued form of photographic identification;
2. From any mobile vehicle;
3. On a public way as a promotion or advertisement of a distributor and/or manufacturer of tobacco, tobacco product(s), and/or alternative nicotine product(s).
4. This subsection C shall not apply to the distribution of a tobacco product sample in any adult-only retail facility. For the purpose of this section, "adult only retail facility" means an enclosed retail facility or retail area where the operator ensures or has a reasonable basis to believe (such as by checking identification as required under State law, or by checking the identification of any person appearing to be under the age of 30) that no person under legal age is present in such a restricted facility and persons under the age of twenty one (21) shall be permanently prohibited from such restricted facility.
D. Vending Machines; Locking Devices: It shall be unlawful for any licensee to sell or offer for sale, give away, deliver or to keep with the intention of selling, giving away or delivering tobacco products and/or alternative nicotine products by use of a vending machine unless such vending machine is equipped with a manual, electric or electronic locking device controlled by the licensee so as to prevent its operation by persons under the age of twenty one (21) years. Any premises where access by persons under the age of twenty one (21) years 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 a business located at such premises shall be exempt from the requirements of this subsection. (Ord. 2019-O-08, 6-5-2019)
E. Smoke-Free Illinois Act: The "Smoke-Free Illinois Act" 1 is hereby incorporated into this Code by reference as fully as if set forth herein in its entirety, provided, however, for the purposes of this subsection E and the Smoke-Free Illinois Act as adopted herein, the terms "to smoke" or "smoking" and "to vape", or "vaping" shall be as defined in this section.
F. Fines: The fine for each violation of this section shall be as specified from time to time in section 1-4-1 of this Code. (Ord. 2018-O-21, 10-9-2018)
Notes
| 1 | 1. 410 ILCS 82/1, et seq. |