(A) Sale to Minors: It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away or deliver tobacco products, electronic cigarettes or vape products, and alternative nicotine products to any person under the age of twenty one (21) years. Further, 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, electronic cigarettes or vape products and alternative nicotine products and on or upon every vending machine which offers tobacco products, electronic cigarettes or vape products, and alternative nicotine products for sale. Each sign shall be plainly visible and shall state:
THE SALE OF TOBACCO PRODUCTS, ELECTRONIC CIGARETTES OR VAPE PRODUCTS, AND ALTERNATIVE NICOTINE PRODUCTS TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW
The text of such signs shall be in red letters on a white background, said letters to be at least one inch (1") high.
(B) Minimum Age To Sell Tobacco Products, Electronic Cigarettes or Vape Products, And 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 twenty one (21) years of age to sell tobacco products, electronic cigarettes or vape products, and alternative nicotine products in any licensed premises; provided, that the temporary handling of tobacco products, electronic cigarettes or vape products, and alternative nicotine products by a person under twenty one (21) years of age in the course of the sale of other nontobacco goods shall not be prohibited if said person is under the immediate and direct supervision of an employee twenty one (21) years of age or older and if said employee completes the transaction.
(C) Purchase by Minors: It shall be unlawful for any person under the age of twenty one (21) years to purchase tobacco products, electronic cigarettes or vape products, and alternative nicotine products, or to misrepresent their identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products, electronic cigarettes or vape products, and alternative nicotine products.
(D) Possession By Minors: It shall be unlawful for any person under the age of twenty one (21) years to possess any tobacco products, electronic cigarettes or vape products, and alternative nicotine products; provided, that the possession by a person under the age of twenty one (21) years under the direct supervision of a parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited. Further, the temporary handling of tobacco products, electronic cigarettes or vape products, and alternative nicotine products by a person under twenty one (21) years of age in the course of the sale of other nontobacco goods shall not be prohibited if said person is under the immediate and direct supervision of an employee twenty one (21) years of age or older and if said employee completes the transaction.
(E) Location Restrictions:
1. No primary tobacco dealer location shall be located within 2,500 feet of any other primary tobacco license location, nor shall any primary tobacco license be located with 1,250 feet of any school, childcare facility, community residence facility, park or library.
(a) Distances shall be measured from property line to property line.
2. No accessory tobacco dealer location shall be located within 100 feet of any school, childcare facility, community residence facility, park or library.
(a) Distances shall be measured from property line to property line.
(F) Free Distributions: It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, electronic cigarettes or vape products, and alternative nicotine products, or any employee or agent of any such licensee or person, in the course of such licensee's or person's business, to distribute, give away or deliver tobacco products, electronic cigarettes or vape products, and alternative nicotine products free of charge to any person on any right-of-way, park, playground or other property owned by the Village, any school district, any park district or any public library.
(G) Minors Entering Tobacco Stores: Persons under the age of twenty one (21) are prohibited from entering the premises of retail tobacco, electronic cigarette or vape products, and alternative nicotine product stores, as that term is defined in subsection 8-1-2(A) of this Code, and whereby smoking is permitted under subsection 8-1-2(C)5 of this Code. Further, signs informing the public of this age restriction shall be posted at each entrance stating the following:
PERSONS UNDER TWENTY-ONE YEARS OF AGE ARE PROHIBITED BY VILLAGE ORDINANCE FROM ENTERING THIS PLACE OF BUSINESS
The text of such signs shall be in red letters on a white background, said letters to be at least one inch (1") high. (Ord. 2019-4828, 6-17-2019, eff. 7-1-2019; amd. Ord. 2021-4921, 9-20-2021; Ord. 2023-4995, 2-6-2023)