(A) Age restriction. It shall be unlawful for any person, including any licensee or retailer, to sell, offer for sale, give away or deliver tobacco products, including but not limited to vaping products or devices, to any person under the age of 21 years.
(B) Proof of identification. Each licensee shall request and examine the photographic identification of any person purchasing tobacco products so as to verify that the purchaser is 21 years of age or older.
(C) Required signs. Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at every display of tobacco products which offers tobacco products for sale or which is visible by any customer. Each such sign shall be plainly visible and shall state:
"THE SALE OF TOBACCO 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 1- inch high.
(D) Vending machines prohibited. It shall be unlawful for any person, licensee or retailer to sell or offer for sale, give away, deliver or to keep with the intention of selling, giving away or delivering tobacco products by use of a vending machine.
(E) Prohibited locations. It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products within 500 feet of any school, child care facility or other building or location used for educational or recreational programs or activities for persons under the age of 18 years, including but not limited to parks and dedicated open spaces, forest preserves, and the Illinois Prairie Path. The distance requirement in this division (E) shall be measured from the center of the person's business location to the:
(1) Center of the school building, educational or recreational building or child care facility;
(2) Center of the lot used or maintained for educational or recreational programs; or
(3) Closest edge of the park, dedicated open space, forest preserve or Illinois Prairie Path.
This prohibition shall not apply to those businesses engaged in the retail sale of tobacco products at a location that would otherwise be prohibited by this division that were in existence prior to the enactment of this division. This exemption shall apply to any new owner at the same location providing the same service.
(F) 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, including but not limited to vapid products, flavored liquid nicotine product samples, and/or any coupon redeemable for any tobacco products, on any public street, alley, right-of-way, sidewalk, or in any public park, playground, or other property owned by the Village, any school district, library district or park district, including without limitation, areas open to the public in any publicly owned or operated building or at any place located within 500 feet of the lot line of any building or other location used primarily as a school, child care facility, or for the education or recreation of persons under 18 years of age.
(G) Compliance with laws. Licensees must comply at all times with all Federal, State, County, Village and other local laws, ordinances, rules and regulations relating to the license, the sale of cigarettes and other tobacco products, and the licensed premises, including, but not limited to, compliance with all provisions of the State Tobacco Products Tax (35 ILCS 143/10-1 et seq.) and the Cook County Tobacco Tax Ordinance (Cook County Code, Article XI, Section 74-430 et seq.). Findings of liability or guilt for Federal, State, County or other local laws, ordinances, rules or regulations shall be prima facie evidence of a violation of this division.
(Ord. C0-05-35, passed 10-4-2005; Am. Ord. CO-2016-14, passed 7-26-2016; Am. Ord. CO-2017-15, passed 5-2-2017; Am. Ord. CO-2023-36, passed 6-20-2023; Am. Ord. CO-2023-49, passed 12-5-2023) Penalty, see § 116.99