ORDINANCE NO. 24-05-16
AN ORDINANCE AMENDING TITLE 3 (BUSINESS AND LICENSE REGULATIONS), CHAPTER 15 (REGULATION OF TOBACCO PRODUCTS) OF THE OAK LAWN VILLAGE CODE RELATIVE TO RAISING THE LEGAL AGE TO PURCHASE OR POSSESS TOBACCO PRODUCTS FROM EIGHTEEN (18) TO TWENTY-ONE (21) AND TO THE FEES AND CLASSIFICATIONS OF TOBACCO RETAILER LICENCES
WHEREAS, the Village of Oak Lawn (the "Village") is a home rule municipality, having all of the powers and authority granted to such municipalities pursuant to Article VII, Section 6 of the Illinois Constitution of 1970, including the right to exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, Title 3 (Business and License Regulations), Chapter 15 (Regulation of Tobacco Products), of the Oak Lawn Village Code (the “Village Code”), governs the possession and sale of tobacco products within the corporate boundaries of the Village; and
WHEREAS, the State has enacted legislation raising the legal age to purchase tobacco products in the State of Illinois from eighteen (18) to twenty-one (21), which necessitates certain changes in the Village Code; and
WHEREAS, Village staff has recommended that additional changes be made to the Village Code related to the classifications and issuance of Tobacco Retailer Licenses and the annual fees for such licenses; and
WHEREAS, the President and Board of Trustees of the Village of Oak Lawn find and determine that it is necessary and desirable, and in the best interests of the Village and its residents, to amend the Village Code to: (1) increase the minimum age to possess and purchase tobacco and alternative nicotine products from eighteen (18) to twenty-one (21), in order to conform to State law, and (2) amend the classifications of Tobacco Retailer Licenses and the annual fees for such licenses.
SECTION TWO: Section 3-15-1 (Definitions) of the Oak Lawn Village Code is hereby amended, in pertinent part, as follows, with additions to existing text
underlined
and deletions to existing text
struck through
:
3-15-1: DEFINITIONS:
[. . .]
[. . .]
TOBACCO
RETAILERRETAILOR
: Any retail establishment in which the sale of tobacco, electronic cigarettes, and/or alternative nicotine products
occurs that derives more than 80% of its gross revenue from the sale of tobacco, electronic cigarettes, and/or alternative nicotine products and in which the sale of other products is merely incidental
.
ALTERNATIVE NICOTINE PRODUCT: means 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.
[. . .]
3-15-4: LICENSE FEE
1
:
A. The annual license fee for a tobacco
retailer’sdealer’s
license shall be
two hundred dollars and zero cents ($200.00) five hundred dollars and zero cents ($500.00)
. In the event that less than a full license year is remaining at the time of the purchase of the tobacco
retailer’s dealer’s
license, said license fee shall be prorated as follows:
1. If
purchased after August 31, but before January 1 application date is after March 31, the license fee shall be
sixty-six dollars and sixty-six cents ($66.66)
two hundred fifty dollars and zero cents ($250.00) for the balance of the license year.
2. If purchased after December 31, the license fee shall be thirty-three dollars and thirty-three cents ($33.33) for the balance of the license year.
B. A tobacco
retailer’sdealer’s
license shall be valid for a period of one year beginning on
May 1
October 1
and expiring on
April 30
September 30 of the following year.
C. A tobacco
retailer’sdealer’s
license is not transferrable or renewable.
D. A tobacco
retailer’sdealer’s
license shall be in addition to, and not in lieu of, any automatic vending machine license(s) which may be required relative to the sale of tobacco products. (Ords. 96-4-17, 98-9-46, 03-20-83, 21-01-07, 21-08-41)
Notes
1 1. License fees are effective January 1, 2004.
SECTION FOUR: Section 3-15-5 (Number of Tobacco Retailor Licenses) of the Oak Lawn Village Code is hereby amended to read in its entirety as follows, with additions to existing text
underlined
and deletions to existing text
struck through
:
3-15-5: NUMBER OF TOBACCO
RETAILER RETAILOR
LICENSES:
The number of Tobacco Retailer licenses authorized to be issued shall be set
to twelve (12). from time to time the number of Tobacco Retailer licenses shall beand amended
from time to time by the President and Board of Trustees and
shall be kept on record in the Office of the Village Clerk.
Class 1 Tobacco Retailer License:
Limited Tobacco Products: Class 1 Tobacco Licenses shall be issued to grocery stores, convenience stores, and gasoline stations. Class 1 Tobacco Retailers sell products other than tobacco products as their primary business. Tobacco retail sales are limited to cigarettes and cigars only.
Class 2 Tobacco Retailer License:
Class 2 Tobacco Retailer Licenses shall be issued to any business wishing to sell tobacco products, electronic cigarettes, and/or alternative nicotine products, within the Village, excluding grocery stores, convenience stores, and gasoline stations. Class 2 Tobacco Retailer License authorizes the sale of cigarettes, cigars, and all other tobacco types, as well as electronic cigarettes, and/or alternative nicotine products. It excludes the sale of any product that contains THC. The authorized number of Class 2 Tobacco retailer licenses is set to twelve (12).
If any Tobacco Retailer license which is revoked or not issued shall automatically reduce the number of authorized licenses by the total number of revoked or non-issued licenses.
The applicant for a Tobacco Retailer license under the provisions of this chapter must apply for the appropriate license and pay the initial license fee for such license within fourteen (14) days of authorizing its issuance to the applicant and adoption of the ordinance increasing the number of Tobacco Retailer licenses. In the event any applicant fails to pay the initial license fee within said fourteen (14) day period, such license shall be revoked, and the number of authorized licenses involved is automatically reduced by the number of revocations. (Ord. 21-08-41)
SECTION FIVE: Section 3-15-9 (Prohibited Sales; Delivery; Signs) of the Oak Lawn Village Code is hereby amended to read in its entirety as follows, with additions to existing text
underlined
and deletions to existing text
struck through
:
B. It shall be unlawful for any licensee to sell, offer for sale, give away, possess, or give away any tobacco product
, or electronic cigarette or e-cigarette
, and/or alternative nicotine products, which is in violation of any State, County or local law.
C. It shall be unlawful to sell cigarettes not in the manufacturer-sealed packs. Single or loose cigarette sales are prohibited.
D. It shall be unlawful for any person to sell, offer for sale, give away or deliver any tobacco products, electronic cigarettes, and/or alternative nicotine products that contain THC. This includes but is not limited to Delta 8 Vapes and edible candies such as gummy bears.
E.
Signs informing the public of the age restrictions provided for herein shall be posted at or near every display of tobacco products, and
electronic cigarettes
, and/or alternative nicotine products, and on or upon every vending machine which offers tobacco products, or electronic cigarettes
, and/or alternative nicotine products for sale by the owner or operator of such display of tobacco products
, or
electronic cigarettes,
and/or alternative nicotine products,
or vending machine, or said owner’s or operator’s agent, employee, or independent contractor. Each such sign shall be plainly visible and shall state in letters at least one inch (1") in height as follows:
THE SALE OF TOBACCO
PRODUCTS, AND ELECTRONIC
CIGARETTES
, AND ALTERNATIVE NICOTINE PRODUCTS
TO PERSONS UNDER
EIGHTEEN
TWENTY-ONE YEARS
OF AGE IS PROHIBITED
BY LAW
E. Every act or omission regardless of its nature, constituting a violation of any of the provisions of this section by any owner, operator, or the agent or employee of such owner and/or operator shall be deemed and held to be the act of the owner and/or operator; and such owner and/or operator shall be punished in the same manner as if such act or omission had been done or omitted by the owner and/or operator personally. (Ords. 18-04-14, 21-08-41)
SECTION SIX: Section 3-15-10 (Purchase by Minors Prohibited) of the Oak Lawn Village Code is hereby amended to read in its entirety as follows, with additions to existing text underlined and deletions to existing text struck through:
It shall be unlawful for any person to engage, employ or permit a
minorperson under sixteen (16) years of age
to sell tobacco products
, or electronic cigarettes
, and/or alternative nicotine products. (Ords. 16-02-08, 21-08-41)
SECTION SEVEN: Section 3-15-11 (Purchase by Minors Prohibited) of the Oak Lawn Village Code is hereby amended to read in its entirety as follows, with additions to existing text
underlined
and deletions to existing text
struck through
:
3-15-11: PURCHASE BY
MINORSPERSONS UNDER THE AGE OF 21
PROHIBITED:
It shall be unlawful for any
minorperson under twenty-one (21) years of age to purchase any tobacco products, or electronic cigarettes,
and/or alternative nicotine products,
or to misrepresent his/her identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products or electronic cigarettes. (Ords. 16-02-08, 21-08-41)
3-15-12: POSSESSION BY MINORSPERSONS UNDER 21 PROHIBITED:
It shall be unlawful for any minorperson under twenty-one (21) years of age to possess any tobacco products or electronic cigarettes. (Ords. 16-02-08, 21-08-41)
SECTION NINE: Section 3-15-14 (Vending Machines – Locking Devices) of the Oak Lawn Village Code is hereby amended to read in its entirety as follows, with additions to existing text
underlined
and deletions to existing text
struck through
:
A. It shall be unlawful to sell, offer for sale, give away, deliver, or keep with the intention of selling, giving away, or delivering any tobacco products, or electronic cigarettes, and/or alternative nicotine products
by use of a vending machine, unless such vending machine is equipped with a manual, electric or electronic locking device controlled by the owner or operator of the establishment upon which the vending machine is located, or the agent or employee of such owner or operator, so as to prevent its operation by
minors
any person under twenty-one (21) years of age
.
B. Any premises where access by
minors
any person under twenty-one (21) years of age
is prohibited by law, or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of the business located on such premises, shall be exempt from the requirements of subsection A of this section.
C. Vending machines used for the sale of tobacco products
,
and/or electronic cigarettes, and/or alternative nicotine products
, and which are required to have a locking device shall only be used to dispense tobacco products and/or electronic cigarettes. (Ords. 16-02-08, 21-08-41)
SECTION TEN: Section 3-15-15 (Penalty) of the Oak Lawn Village Code is hereby amended to read in its entirety as follows, with additions to existing text
underlined
and deletions to existing text
struck through
:
A. Any
minor
person under twenty-one (21) years of age
who is found to be in violation of section
3-15-10 or 3-15-11
or 3-15-12
of this chapter shall be subject to the following penalties:
1. First violation within a twelve (12) month period: A fine of fifty dollars ($50.00)
or required attendance at, and completion of, the smoking cessation course offered by Christ Hospital and Medical Center
.
2. Second violation within a twelve (12) month period: A fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00
) and required attendance at, and completion of, the smoking cessation course offered by Christ Hospital and Medical Center
.
3. Third violation within a twelve (12) month period: A fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00)
and required attendance at, and completion of, the smoking cessation course offered by Christ Hospital and Medical Center and the performance of not less than ten (10) hours of community service work
.
4. Fourth or further violation within a twelve (12) month period: A fine of not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00)
and required attendance at, and completion of, the smoking cessation course offered by Christ Hospital and Medical Center and the performance of not less than thirty (30) hours of community service work
.
B. Any person who is found to be in violation of any section of this chapter other than section
3-15-10 or
3-15-11
or 3-15-12
of this chapter shall be subject to the following penalties:
1. First violation within a twelve (12) month period: A fine of not less than one thousand dollars ($1,000.00) nor more than two thousand dollars ($2,000.00). Said fine may be in addition to the suspension or revocation of any tobacco
retailer’sdealer’s license held by said person.
2. Second violation within a twelve (12) month period: A fine of not less than two thousand dollars ($2,000.00) nor more than three thousand dollars ($3,000.00). Said fine may be in addition to the suspension or revocation of any tobacco
retailer’sdealer’s license held by said person.
3. Third violation within a twelve (12) month period: A fine of three thousand dollars ($3,000.00) nor more than four thousand dollars ($4,000.00) and the automatic revocation of any tobacco
retailer’sdealer’s
license held by said person.
4. Fourth or further violation within a twelve (12) month period: A fine of four thousand dollars ($4,000.00) nor more than five thousand dollars ($5,000.00) and a minimum of thirty (30) hours of community service. (Ords. 18-18-70, 21-08-41)
SECTION TEN: All ordinances, or parts of ordinances, in conflict with the provisions of this Ordinance, to the extent of such conflict, are repealed. Each section, paragraph, clause and provision of this Ordinance is separable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this Ordinance, nor any part thereof, other than that part affected by such decision. Except as to the Code amendments set forth above in this Ordinance, all Chapters and Sections of the Oak Lawn Village Code, as amended, shall remain in full force and effect.
SECTION ELEVEN: To the extent necessary, all tables of contents, indexes, headings, and internal references or cross-references to sections and other text that need to be amended or deleted within the Oak Lawn Village Code, as amended, as a consequence of the above Code Amendments, shall be amended by the Village’s codifier so as to be consistent with the terms of this Ordinance.
SECTION TWELVE: This Ordinance shall be in full force and effect from and after its adoption, approval, and publication in the manner provided by law.
ADOPTED this 12th day of March, 2024, pursuant to a roll call vote as follows:
AYES:
NAYS:
ABSENT:
APPROVED by me this 12th day of March, 2024, and attested by the Village Clerk on the same day.
_______________________________
Village President
ATTEST:
____________________________
Village Clerk
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
CLERK'S CERTIFICATE
I, Claire Henning, Village Clerk of the Village of Oak Lawn, in the County of Cook and State of Illinois, certify that the attached document is a true and correct copy of that certain Ordinance now on file in my Office, entitled:
ORDINANCE NO. 24-05-16,
AN ORDINANCE AMENDING CHAPTER 15 (REGULATION OF TOBACCO PRODUCTS) OF THE OAK LAWN VILLAGE CODE RELATIVE TO RAISING THE LEGAL AGE TO PURCHASE OR POSSESS TOBACCO PRODUCTS FROM EIGHTEEN (18) TO TWENTY-ONE (21) AND TO THE FEES AND CLASSIFICATIONS OF TOBACCO RETAILER LICENCES
which Ordinance was passed by the Board of Trustees of the Village of Oak Lawn at a Regular Village Board Meeting on the 12th day of March, 2024, at which meeting a quorum was present, and approved by the President of the Village of Oak Lawn on the 12th day of March, 2024.
I further certify that the vote on the question of the passage of said Ordinance by the Board of Trustees of the Village of Oak Lawn was taken by Ayes and Nays and recorded in the minutes of the Board of Trustees of the Village of Oak Lawn, and that the result of said vote was as follows, to-wit:
AYES:
NAYS:
ABSENT: _______
I do further certify that the original Ordinance, of which the foregoing is a true copy, is entrusted to my care for safekeeping, and that I am the lawful keeper of the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Oak Lawn, this 12th day of March, 2024.
_____________________________
Claire Henning, Village Clerk
[SEAL]