(a) Definitions. As used in this section, the following words shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
(1) “Distribution” means to give, sell, exchange, deliver, dispense, issue or offer to give, sell, exchange, deliver, dispense or issue.
(2) “Retailer” means any person, firm, corporation, association or partnership who or which operates a store, stand, booth, concession or other place at which sales are made to purchasers for the consumption or use of tobacco products, electronic cigarettes, or alternative nicotine products.
(3) “Smokeless tobacco” means any finely cut, ground, powdered, or leafed tobacco that is intended to be placed in the oral cavity.
(4) The terms “nicotine product,” “electronic cigarette,” “alternative nicotine product,” “nicotine,” and “adult-only facility” shall have the same meaning as defined in the Illinois Prevention of Tobacco Use by Persons Under 21 Years of Age and Sale and Distribution of Tobacco Products Act (720 ILCS 675/0.01 et seq.).
(b) Prohibition; exception.
(1) No person under twenty-one (21) years of age shall buy any tobacco products, electronic cigarette, or alternative nicotine product.
(2) No person shall sell, buy for, distribute samples of or furnish any tobacco product, electronic cigarette, or any alternative nicotine product to any person under twenty-one (21) years of age.
(c) Sale or distribution of tobacco products, electronic cigarettes or alternative nicotine products; products prohibited; exception.
(1) No manufacturer, producer, distributer, wholesaler or retailer of tobacco products, electronic cigarettes, or alternative nicotine products or any other person, shall give, sell, exchange or otherwise distribute, or possess with the intent to give, sell, exchange or otherwise distribute, any such product to any such person under twenty-one (21) years of age.
(2) A retailer may transfer tobacco products, electronic cigarettes, or alternative nicotine products to any employee sixteen (16) years of age and older strictly for resale on the licensed premises to an adult making a purchase. A person under sixteen (16) years of age may sell such products when the person is a sales clerk in a family-owned business which can prove that the sales clerk is in fact a son or daughter of the owner and the person is making the sale in the normal course of the family-owned business.
(d) A person shall not distribute without charge samples of any tobacco products, electronic cigarette, or alternative nicotine product to any other person, regardless of age, except for smokeless tobacco in an adult-only facility.
(e) Before selling, offering for sale, 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 twenty-one (21) years of age by examining from any person that appears to be under thirty (30) years of age a government-issued photographic identification that established the person to be twenty-one (21) years of age or older.
(f) No person under twenty-one (21) years of age in the furtherance or facilitation of obtaining any tobacco product, electronic cigarette, or alternative nicotine product shall display or use a false or forged identification card or transfer, alter, or deface an identification card.
(Ord. 99-10-2. Passed 10-18-99; Ord. 2019-4-2. Passed 4-24-19.)
State law reference:
Prevention of Tobacco Use by Persons Under 21 Years of Age and Sale and Distribution of Tobacco Products Act, 720 ILCS 675/0.01 et seq.