(A) Definitions: For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them:
MINOR: For the purpose of this section, a person under the age of twenty one (21).
PERSON: Any individual, firm, partnership, corporation, company, association, joint venture or any employee or agent thereof.
SMOKING MATERIALS: 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 ordinance or of substances whose sale, gift, barter, or exchange is made unlawful under this section and any substance containing either smoking herbs or tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, loose tobacco, snuff chewing tobacco or dipping tobacco.
(B) Prohibited Sales, Delivery:
1. It shall be unlawful for any person to sell, offer for sale, give away or deliver smoking materials to any person under the age of twenty one (21) years.
If any person contemplating the sale or furnishing of smoking materials believes or has reason to believe that a sale or delivery of smoking materials is prohibited because of the nonage of the prospective recipient, he shall before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his/her official duties.
(C) Warning Signs: Every person engaged in the business of selling smoking materials shall at all times display signs informing the public of the age restrictions provided for herein. The sign shall be posted by or near every display of smoking materials and on or upon every vending machine that offers smoking materials for sale. Each such sign shall be plainly visible and shall state:
THE SALE OF SMOKING MATERIALS TO PERSONS UNDER TWENTY-ONE (21) YEARS OF AGE IS PROHIBITED BY LAW
This text of such sign shall be in red letters on a white background, said letters to be at least one inch (1") high.
(D) Purchase By Minors Prohibited: It shall be unlawful for any person under the age of twenty one (21) years to purchase smoking materials, or to misrepresent their identity or age, or to use any false or altered identification for the purpose of purchasing smoking materials. No person shall transfer, alter or deface such an identification card; use the identification card of another, carry or use a false or forged identification card; or obtain an identification card by means of false information.
(E) Possession By Minors Prohibited: It shall be unlawful for any person under the age of twenty one (21) years to possess any smoking material(s) on any street or highway, or in any public place, or any place open to the public; possession by a person under the age of twenty one (21) years under direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited.
(F) Certain Free Distribution Prohibited: It shall be unlawful for any person in the business of selling or otherwise distributing, promoting or advertising smoking materials, or any employee or agent of any such person, in the course of such person's business, to distribute, give away or deliver smoking materials free of charge to any person on any right- of-way, park, playground, or other property owned by the City, any school district, any park district, or any public library.
(G) Penalty: Any person who violates any provision of this section is guilty of a petty offense and shall be fined in accordance to the City of Momence approved fine list. If a fine is issued to a minor for possession, in lieu of a monetary fine, the offender may perform community services as approved through the City of Momence adjudication process. (Ord. 848, 8-19-2019)