(A) Sale or delivery. It shall be unlawful for any person to keep for safe, offer for sale, sell, deliver, furnish, or transfer, or to possess with intent to deliver, furnish or transfer, drug paraphernalia as defined in Section 2(d) of the Illinois Drug Paraphernalia Control Act (720 ILCS 600/2(d)), including, but not limited to, glass tubing designed and/or utilized for the ingestion of crack or cocaine. A violation of this division (A) by any person 18 years of age or over in delivering drug paraphernalia to a person under 18 years of age is subject to enhanced penalties as set forth in division (G).
(B) Nuisance. Any store, place, or premises from which or in which any item of drug paraphernalia is kept for sale, offered for sale, sold, or delivered for any commercial consideration is declared to be a public nuisance and is subject to the abatement procedures in § 92.22 of this code. Any costs relating to abatement of a public nuisance shall constitute a lien against the property where the nuisance exists pursuant to § 92.23.
(C) License revocation. The violation, or the causing or permitting of a violation of this section, by a holder of a business or liquor license issued by the village, and in the course of the licensee's business, shall be grounds for the revocation of such license.
(D) Seizure and forfeiture. All drug paraphernalia, as defined in Section 2(d) of the Illinois Drug Paraphernalia Control Act (720 ILCS 600/2(d)), including but not limited to glass tubing utilized for the ingestion of cocaine or crack cocaine, is subject to forfeiture and may be seized by any peace officer. The seizure and forfeiture shall be made in accordance with Departmental procedures.
(E) Possession. It is unlawful for any person to possess an item of drug paraphernalia as defined in Section 2(d) of the Illinois Drug Paraphernalia Control Act (720 ILCS 600/2(d)), including, but not limited to, glass tubing designed and/or utilized for the ingestion of crack or cocaine, with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use. Among the factors that may be considered in determining intent under this division are the proximity of the cannabis or controlled substance to drug paraphernalia and the presence of cannabis or a controlled substance on the drug paraphernalia.
(F) Exemptions. The prohibitions in this section shall not apply to items exempted by Section 4 of the Illinois Drug Paraphernalia Control Act (720 ILCS 600/4) or items sold or possessed pursuant to the requirements of and compliance with the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.) or the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.).
(G) Penalties. In addition to any penalties set forth above, violations of division (A) are punishable by a fine of no less than $150 and no more than $1,000. A violation of division (A) by any person 18 years of age or over in delivering drug paraphernalia to a person under 18 years of age is punishable by a fine of no less than $250 and no more than $1,000. Violations of division (E) are punishable by a fine of no less than $50 and no more than $1,000.
(Ord. C0-07-12, passed 4-3-2007; Am. Ord. CO-2019-38, passed 12-17-2019)