(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE NICOTINE PRODUCT. A product or device, including all electronic or e-cigarettes and vaporizers, 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 cigarettes, smokeless tobacco, or other tobacco products as these terms are defined in ILCS Ch. 720, Act 675, § 1 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 tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
CIGARETTE VENDING MACHINES. Vending machine operated by the customer through the use of coin, slug, token or other like objects, or credit card or debit card, by which the customer by inserting the coin or token, swiping a credit card or debit card, purchases a tobacco product or alternative nicotine product from other than another person.
TOBACCO ACCESSORIES. Any cigarette paper, pipes, holders of smoking materials of all types, cigarette rolling machines and other items, designed primarily for the smoking or ingestion of tobacco products.
TOBACCO PRODUCTS. Any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
(B) Purpose.
(1) It is the policy of the village to prohibit the sale of tobacco products or alternative nicotine
products to minors under 21 years of age in accordance with ILCS Ch. 720, Act 675, § 1.
(2) Furthermore, it is also the policy of the village to prevent the use of cigarette vending machines by persons under the age of 21 in violation of ILCS Ch. 720, Act 675, § 1.
(C) License required. It shall be unlawful to sell or offer for sale at retail, at wholesale, to give away, deliver, or to keep with the intention of selling at retail, wholesale, giving away, or delivering tobacco products or alternative nicotine products within the village without first obtaining a license. This license shall be required regardless of the method of sale or dispensing and shall include sales and dispensing by self-help, manual service, or coin-operated device.
(D) Application for license. Any person desiring to obtain a license to sell tobacco products or alternative nicotine products shall make written application for that purpose to the Village Clerk in which shall be set forth the full name and address of the applicant, the name and address of the business, firm or corporation at which such sales are proposed to be made. The applicant shall further comply with all other provisions of Chapter 7 concerning the business license application process.
(E) License fee. The license fee for a tobacco dealer’s license within the village shall be as provided in § 7.09 of this code.
(F) Scope of license. The license required by this section shall authorize the licensee named therein to sell tobacco products or alternative nicotine products at the place designated therein only.
(G) License to be posted. Licenses required by this section shall be posted in a conspicuous place in the premises designated therein.
(H) Licenses not transferable. The transfer of any license issued hereunder is hereby expressly prohibited.
(I) Inspection/enforcement. It shall be the duty of the Chief of Police or his or her designee(s), and they are hereby authorized and empowered, from time-to-time, to inspect and examine all places where tobacco products or alternative nicotine products are licensed to be sold within the village, with the purpose of ascertaining whether the laws of the state, the provisions of this section and other ordinances of the village in relation to the sale of tobacco products or alternative nicotine products are being complied with at such places. It shall be their duty to cause all such laws and ordinances to be vigorously enforced. It shall be the duty of all persons licensed to sell tobacco products or alternative nicotine products within the village, upon demand of the Chief of Police and/or his or her designee (s), to furnish to said person for their inspection, samples of all tobacco products or alternative nicotine products sold or offered for sale by them, which samples of tobacco products or alternative nicotine products shall be analyzed by or under the direction of the Chief of Police and/or his or her designee(s) and a record of such analysis shall be made and kept in their office for the inspection of the public.
(J) Prohibited sales or delivery. It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away, or deliver tobacco products or alternative nicotine products, or accessories to any person under the age of 21 years of age, including upon the written order of a parent or adult acting “in loco parentis” not present at the time of purchase.
(K) Signage prohibiting sales or possession of tobacco products or alternative nicotine products to persons under the age of 21 years of age. Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products or alternative nicotine products and on or upon every vending machine which offers tobacco products or alternative nicotine products for sale. Each such sign shall be plainly visible and shall state:
“The sale or possession of tobacco products or alternative nicotine products to persons under 21 years of age is prohibited by law. Any person who violated this law is subject to a fine of not less than $50 and no more than $500.”
Posted signs shall be plainly visible and shall measure at least eight and one-half inches in height by 11 inches in length. Letters on posted signs shall be at least three-quarters of an inch in height.
(L) Minimum age to sell tobacco products or alternative nicotine products. 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 16 years of age to sell tobacco products or alternative nicotine products in any licensed premises, unless the person is the son or daughter of the owner of any such retail establishment.
(M) Purchase by persons under 21 years of age prohibited. It shall be unlawful for any person under 21 years of age to purchase tobacco products or alternative nicotine products/accessories, or to misrepresent their identity or age, or to use false or altered identification for the purpose of purchasing tobacco products or alternative nicotine products.
(N) Cigarette machines to be inaccessible to persons under 21 years of age. Each cigarette vending machine shall be so installed as to be inaccessible to persons under 21 years of age. Every vending machine not installed as to be inaccessible to persons under 21 years of age is hereby declared to be a public nuisance. Inaccessibility may be accomplished either by placement of the machine in a room or area to which persons under 21 years of age do not have access or by the installation of a manual, electric, electronic, or remote control locking device which can be activated and controlled only by an adult employee of the premises on which such machine is located, and then only after such adult employee has verified that the person desiring to purchase cigarettes is not a person under 21 years of age. The cigarette vending machine must be directly visible by the owner of the premises, or his or her employee or agent during the operation of such vending machine.
(O) Responsibility for agents and employees. Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this section by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be punished in the same manner as if such act or omission had been done or omitted by the licensee personally.
(P) Fine, suspension or revocation of license.
(1) Every license issued under this section is subject to the right which is hereby expressly reserved, to suspend or revoke the same should the licensee, directly or indirectly, permit the sale of a tobacco product or alternative nicotine product or accessory to any person under the age of 21, or permit the operation of any cigarette vending machine contrary to the provisions of this section or the laws of the state. Said license may be suspended or revoked by the Board of Trustees after written notice to the licensee, which notice should specify the ordinance or law violation with which the licensee is charged, if after a hearing the licensee is found to be guilty of such violation. Ten days notice of the hearing shall be given the licensee. At such hearing, the licensee and his attorney may present and submit evidence or witnesses to his or her defense.
(2) In addition to the aforesaid power to suspend or revoke the license to sell tobacco products, the licensee may be prosecuted by the village before the Village Hearing Officer for any violation of this section by the licensee or his agents or employees. The Hearing Officer shall have the power to fine the licensee an amount not to exceed $750 for each violation of this section.
(Q) Penalty.
(1) Any person convicted of a first offense of this provision shall be punished by a fine of not less than $100 and no more than $750. Each day on which a violation continues shall constitute a separate violation.
(2) Any person under the age of 21 found to have purchased tobacco products or alternative nicotine products, or to have misrepresented their identity or age, or the use of any false or altered identification for the purpose of purchasing tobacco products or alternative nicotine products may be subject to a penalty of not less than $100 and no more than $500. Any person under the age of 21 found in possession of tobacco products or alternative nicotine products may be subject to a penalty of not less than $100 and no more than $500.
(Ord. 00-O-13, passed - -2000; Ord. 14-O-03, passed 2-27-2014; Ord. 19-O-15, passed 6-18-2019)