§ 37.18 SALE AND POSSESSION OF ELECTRONIC CIGARETTES AND ANY ALTERNATE NICOTINE PRODUCTS.
   (A)   Definitions.
      ALTERNATIVE NICOTINE PRODUCTS. Any product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, by any means.
      ELECTRONIC CIGARETTE. Any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation or:
         (a)   Any cartridge or container of a solution or substance intended to be used with or in a device or to refill the device, or
         (b)   Any solution or substance whether or not it contains nicotine, intended for use in such a device as an electronic cigarette.
         (c)   ELECTRONIC CIGARETTE includes, but is not limited to, any electronic nicotine delivery system, vape pen, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, or similar product or device, and any components or parts that can be used to build the product or device.
   (B)   Sale or purchase or use by or to persons under 21 years prohibited.
      (1)   No person under 21 years of age shall purchase, possess, operate, distribute, transfer, or otherwise utilize any electronic cigarette or alternative nicotine product.
      (2)   No person shall sell, buy for, distribute, or furnish any electronic cigarette, or any alternative nicotine product, to any person under 21 years of age.
      (3)   No person under 21 years of age in the furtherance or facilitation of obtaining any electronic cigarette or alternative nicotine product shall display or use a false or forged identification card, or transfer, alter, or deface an identification card.
      (4)   Prior to selling, offering for sale, giving, or furnishing an electronic cigarette or alternative nicotine product to another person, the person selling, offering for sale, giving, or furnishing the electronic cigarette or alternative nicotine product shall verify that the recipient person is a minimum of 21 years of age by examining from identification from any person that appears to be under 30 years of age. Said identification shall be a government issued photographic identification card that establishes the person to be of sufficient age in accordance with state and federal law.
      (5)   Noting in this section shall be interpreted so as to conflict with 410 ILCS 130/60(b), concerning persons under age 21 consuming medical cannabis by vaping, where the patient vaping the medical cannabis is registered with the Illinois Department of Public Health to use medical cannabis and complies as a qualifying patient under 410 ILCS 130/60(b), as now or as hereafter amended.
   (C)   Penalties. Any person or entity violating any provision of this section shall upon conviction be subject to the following:
      (1)   If a person under age 21 is found in violation of this section and it is the first time conviction, he or she shall be subject to a fine of up to $200 or may agree to take and satisfactorily complete an approved program which includes information and education on the dangers of vaping and substances used in such products and/or cessation to help stop using. If the offender chooses to participate in the program, then it must be completed within 90 days of disposition and satisfactory proof of completion must be provided to the Court within that time frame. Failure on the part of the offender to complete the program and provide satisfactory proof of completion shall cause the disposition to be converted to a $200 fine.
      (2)   If a person under age 21 is found in violation of this section for a second time within 36 months, he or she shall be subject to a fine of up to $400 or may agree to completing a substance abuse assessment and successfully complying with the assessment recommendations. If the offender chooses to participate in the assessment and its subsequent recommendations, then the assessment must be completed within 90 days of disposition and satisfactory proof of completion must be provided to the Court within that time frame. Failure on the part of the offender to complete the assessment and comply with its recommendations and provide satisfactory proof of completion shall cause the disposition to be converted to a $400 fine.
      (3)   If a person under the age of 21 is found in violation of this section for a third or more time, he or she shall be subject to a fine of up to $650 for each occurrence.
      (4)   Any business or entity found to be in violation of this section shall be subject to a fine of up to $650.
   (D)   Severability of provision. Each section, paragraph, sentence clause and provision of this section is severable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of the section, nor any part hereof, other than that part affected by such decision.
(Ord. 2020-01, passed 1-15-2020)