(A) General. 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 accessories, tobacco products, alternative nicotine products, electronic cigarettes, or smoking herbs to any person under 21 years of age.
(B) Sale of bidi cigarettes. No person shall knowingly sell, barter, exchange, deliver or give away a bidi cigarette to another person, nor shall a person cause or permit or procure a bidi cigarette to be sold, bartered, exchanged, delivered or given away to another person.
(C) Sale of cigarette paper. No person shall knowingly offer, sell, barter, exchange, deliver or give away cigarette paper or cause, permit or procure cigarette paper to be sold, offered, bartered, exchanged, delivered or given away, except from premises or an establishment where other tobacco products are sold.
(D) Sale of tobacco products other than in sealed packages. No retailer may break or otherwise open any cigarette or smokeless tobacco package to sell or distribute individual cigarettes or a number of unpackaged cigarettes that is smaller than the minimum cigarette package size of 20 cigarettes or any quantity of cigarette tobacco or smokeless tobacco that is smaller than the smallest package distributed by the manufacturer for individual consumer use.
(E) Distribution of tobacco product samples prohibited. No person shall give away, barter, exchange, distribute or in any way dispense free of charge or at nominal cost any tobacco product samples and/or any coupon redeemable for any tobacco products, on any public street, alley, sidewalk or in any public park, ground or playground, or in areas open to the public in any publicly owned or operated building or at any place located within 500 feet of any building or other location used primarily as a school, child care facility, or for the education or recreation for children under 18 years of age.
(F) Sale of cigarette paper from vending machines. No person shall knowingly offer, sell, barter, exchange, deliver or give away cigarette paper or cause, permit or procure cigarette paper to be sold, offered, bartered, exchanged, delivered or given away by use of a vending or coin-operated machine or device. For purposes of this section, cigarette paper shall not include any paper that is incorporated into a product to which a tax stamp must be affixed under the Cigarette Tax Act (35 ILCS 130/1 et seq.) or the Cigarette Use Tax Act (35 ILCS 135/1 et seq.).
(G) Use of identification cards. No person, in the furtherance or facilitation of obtaining any tobacco product, tobacco accessories, alternative nicotine products, electronic cigarettes and smoking herbs, shall display or use a false or forged identification card or transfer, alter or deface an identification card.
(H) Warning to minors.
(1) Any person, firm, partnership, company or corporation operating a place of business where tobacco products, tobacco accessories, alternative nicotine products, electronic cigarettes, and smoking herbs are sold or offered for sale shall post in a conspicuous place upon the premises a sign upon which there shall be imprinted the following statement:
THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BYLAW UNDER PENALTY OF FINES OF UP TO FIVE HUNDRED DOLLARS ($500.00). PERSONS UNDER 21 YEARS OF AGE WHO MISREPRESENT THEIR AGE BY ANY MEANS WHATSOEVER ARE SUBJECT TO ASSESSMENT OF FINES OF NOT LESS THAN FIFTY DOLLARS ($50,00) NOR MORE THAN SEVENTY-FIVE DOLLARS ($75.00) FOR THE FIRST OFFENSE AND NOT LESS THAN ONE HUNDRED DOLLARS ($100,00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH SUBSEQUENT OFFENSE.
(2) The sign shall be printed on a white card in red letters at least one inch in height.
(2000 Code, § 120.03) (Ord. 1721, passed 12-7-1998; Ord. 4444, passed 2-16-2021) Penalty, see § 119.99