A. Definitions: Terms used in this section are defined as follows:
ALTERNATIVE NICOTINE PRODUCT: A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. Alternative nicotine product does not include: cigarettes as defined in section 1 of the Cigarette Tax Act (35 ILCS 130/1) and tobacco products as defined in section 1 of the Cigarette Tax Act (35 ILCS 130/1) and tobacco products as defined in section 10-5 of the Tobacco Products Tax Act (35 ILCS 143/10-5); tobacco product and electronic cigarette as defined in this section; or any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product; as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
BIDI CIGARETTE: A product that contains tobacco that is wrapped in temburni or tendu leaf or that is wrapped in any other material identified by rules of the Illinois Department of Public Health that is similar in appearance or characteristics to the temburni or tendu leaf.
ELECTRONIC CIGARETTE OR E-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; any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or any solution or substance, whether or not it contains nicotine intended for use in the device. Electronic cigarette includes, but is not limited to, any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be used to build the product or device. Electronic cigarette does not include: cigarettes as defined in section 1 of the Cigarette Tax Act (35 ILCS 143/10-5) and tobacco products as defined in section 10-5 of the Tobacco Products Tax Act (35 ILCS 143/10-5); tobacco products and alternative nicotine product as defined in this section; any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose; any asthma inhaler prescribed by a physician for that condition and is being marketed and sold solely for that approved purpose; or any therapeutic product approved for use under the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.)
LIQUID NICOTINE: Any liquid product composed either in whole or part of nicotine, propylene glycol and/or other similar substances and manufactured for use with an e-cigarette to be converted into gas for inhaling.
NICOTINE: Means any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived.
SMOKELESS TOBACCO: Any finely cut, ground, powdered or leaf tobacco that is intended to be placed in the oral cavity; any tobacco product that is suitable for dipping or chewing.
SMOKING HERBS: All substances of plant origin and their derivatives, including, but not limited to, broom, calea, California poppy, damiana, hops, ginseng, lobelia, jimson weed and other members of the Datura genus, passion flower and wild lettuce, which are processed or sold primarily for use as smoking materials.
TOBACCO ACCESSORIES: Cigarette papers, pipes, holders of smoking materials of all types, cigarette rolling machines and other items, designed primarily for the smoking or ingestion of tobacco products or of substances made illegal under any statute or of substances whose sale, gift, barter or exchange is unlawful.
TOBACCO PRODUCTS: Any product containing or made from tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, and any other smokeless tobacco product which contains tobacco that is finely cut, ground, powdered, or leaf and intended to be placed in the oral cavity. Tobacco product includes any component, part or accessory of a tobacco product, whether or not sold separately. Tobacco product does not include: an electronic cigarette and alternative nicotine product as defined in this section; or any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
B. Tobacco, Electronic Cigarette, Alternative Nicotine Product Or Liquid Nicotine Dealer’s License:
1. Mayor Designated Tobacco Control Commissioner; Assistants: The Mayor shall act as a local Tobacco Control Commissioner of the City and, in the event of a conflict preventing the Mayor from so acting, the designated Tobacco Control Commissioner is the City Administrator.
2. License Required: It shall be unlawful to sell or offer for sale at retail, to give away or keep with the intention of selling at retail, giving away or delivering tobacco products, electronic cigarettes or their components, alternative nicotine products or liquid nicotine and smoking herbs within the City without having first obtained a tobacco dealer’s license. Such license shall be in addition to any other license required by this Code.
3. Applications For Licenses: Applications for licenses required by this section shall be verified in writing and on a form provided by the City. Such application shall be completed in full and be true and accurate by the person signing the application. The approval and authority to issue tobacco dealer licenses is the responsibility of the Tobacco Control Commissioner or their designee.
4. License Period; Fee: The license period shall be from May 1 to the following April 30. The annual license fee shall be two hundred fifty dollars ($250.00), payable to the City on or before May 1 of each year.
5. Personal Nature Of License: A license is a purely personal privilege, good for the license period, unless revoked. No such license shall be transferrable.
6. Responsibility For Agents And Employees: Any act of omission constituting a violation of any provision of this section by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee and such licensee shall be punishable in the same manner as if such act or omission has been done or omitted by the licensee personally.
C. Purchase And Use Of Tobacco Products Prohibited:
1. Sting Operation For Purchase: No person under twenty one (21) years of age shall purchase any tobacco product in any of its forms, electronic cigarettes or their components, alternative nicotine products or liquid nicotine. No person shall sell, purchase for, distribute samples of or furnish any tobacco product in any of its forms, an electronic cigarette or their components, alternative nicotine products or liquid nicotine, to any person under twenty one (21) years of age. Tobacco products, electronic cigarettes, alternative nicotine products and liquid nicotine may not be sold through a vending machine. It is not a violation of this subsection C for a person under twenty one (21) years of age to purchase a tobacco product, electronic cigarettes or their components, alternative nicotine products or liquid nicotine if the person under the age of twenty one (21) purchases the tobacco product, electronic cigarettes or their components, alternative nicotine products or liquid nicotine in any of its forms from a retail seller of tobacco products, electronic cigarettes or their components, alternative nicotine products or liquid nicotine or an employee of the retail seller pursuant to a plan or action to investigate, patrol or otherwise conduct a “sting operation” or enforcement action against a retail seller of tobacco products, electronic cigarettes or their components, alternative nicotine products or liquid nicotine or a person employed by the retail seller of tobacco products, electronic cigarettes or their components, alternative nicotine products or liquid nicotine or on any premises authorized to sell tobacco products, electronic cigarettes or their components, alternative nicotine products or liquid nicotine are being sold or given to persons under twenty one (21) years of age if the "sting operation" or enforcement action is approved by, conducted by, or conducted on behalf of the Department of State Police, the County Sheriff, a Municipal Police Department, the Department of Revenue, the Department of Public Health, or a local Health Department.
2. Penalty: Any person violating any provision of this subsection C is guilty of a petty offense and shall be fined according to the Fines and Penalties found in Title 15, Chapter 1: Fines and Penalties, plus costs associated with the City's cost of prosecution, including attorney fees.
D. Possession Of Tobacco Products, Electronic Cigarettes And Their Components, Alternative Nicotine Products Or Liquid Nicotine:
1. Sting Operation For Possession: No person under eighteen (18) years of age shall possess any tobacco product in any of its forms, any electronic cigarettes or their components, alternative nicotine products or liquid nicotine. It is not a violation of this subsection D for a person under eighteen (18) years of age to possess a tobacco product, electronic cigarettes or their components, alternative nicotine products or liquid nicotine if the person under the age of eighteen (18) possesses or is given the tobacco product, electronic cigarettes or their components, alternative nicotine products or liquid nicotine in any of its forms from a retail seller of tobacco products, electronic cigarettes or their components, alternative nicotine products or liquid nicotine or an employee of the retail seller pursuant to a plan or action to investigate, patrol or otherwise conduct a “sting operation” or enforcement action against a retail seller of tobacco products, electronic cigarettes or their components, alternative nicotine products or liquid nicotine or a person employed by the retail seller of tobacco products, electronic cigarettes or their components, alternative nicotine products or liquid nicotine or on any premises authorized to sell tobacco products, electronic cigarettes or their components, alternative nicotine products or liquid nicotine are being sold or given to persons under eighteen (18) years of age if the "sting operation" or enforcement action is approved by, conducted by, or conducted on behalf of the Department of State Police, the County Sheriff, a Municipal Police Department, the Department of Revenue, the Department of Public Health, or a local Health Department.
2. Penalty: Any person violating any provision of this subsection D is guilty of a petty offense and shall be fined according to the Fines and Penalties found in Title 15, Chapter 1: Fines and Penalties, plus costs associated with the City's cost of prosecution, including attorney fees.
E. Tobacco Accessories, Smoking Herbs, Tobacco Products, Electronic Cigarettes, Alternative Nicotine Products Or Liquid Nicotine:
1. Sale To Minors Prohibited: 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 tobacco accessories, or smoking herbs, tobacco products, electronic cigarettes or components, alternative nicotine products or liquid nicotine to any person under twenty one (21) years of age.
2. 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.
3. 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.
4. Use Of Identification Cards: No person in the furtherance or facilitation of obtaining tobacco accessories, smoking herbs, tobacco products, electronic cigarettes, alternative nicotine products and liquid nicotine shall display or use a false or forged identification card or transfer, alter or deface an identification card.
5. Warning To Minors:
a. Any person, firm, partnership, company or corporation operating a place of business where tobacco accessories, smoking herbs, tobacco products, electronic cigarettes, alternative nicotine products or liquid nicotine are sold or offered for sale shall post in a conspicuous place upon the premises a sign which there shall be imprinted the following statement:
SALE OF TOBACCO ACCESSORIES, SMOKING HERBS, ELECTRONIC CIGARETTES, ALTERNATIVE NICOTINE PRODUCTS AND LIQUID NICOTINE TO PERSONS UNDER 21 YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW.
b. The sign shall be printed on a white card in red letters at least one-half inch (1/2") in height.
6. Penalty: Any person, firm or corporation violating any provision of this subsection E shall be subject to license suspension or revocation, alteration of hours on a temporary or permanent basis, and fines according to the Fines and Penalties found in Title 15, Chapter 1: Fines and Penalties, for each offense committed on each day during or on which a violation occurs or continues, plus reimbursement of legal fees incurred by the City in the prosecution of violations of this subsection E against the licensee.
F. Availability: No person, firm or corporation shall sell or distribute individual cigarettes or samples of cigarettes except in its original packaging, and no package shall contain less than twenty (20) cigarettes. Tobacco products, electronic cigarettes and their components, alternative nicotine products and liquid nicotine shall be sold only in direct, face to face exchange. Self-service displays or vending machines shall not be permitted.
G. Enforcement Of School District Personnel: The following appointed officials of any public school shall have the authority to sign all complaints and charge all violators of this section that take place on school property: principal, assistant principal and dean of students.
(Ord. 19-1198, 7-15-2019; amd. Ord. 19-1208, 10-7-2019; Ord. 22-40, 6-20-2022)