(A) There shall be three categories of retail tobacco licenses.
(1) Retail tobacco products license required. It shall be unlawful without a license issued under this chapter to operate a retail tobacco store or to sell or offer for sale at retail, to give away, deliver, or to keep with the intention of selling at retail, giving away, or delivering, any tobacco products.
(2) Alternative nicotine products/ electronic cigarettes license required. It shall be unlawful without a license issued under this chapter to operate a retail alternative/ electronic store or to sell or offer for sale at retail, to give away, deliver, or to keep with the intention of selling at retail, giving away, or delivering, any alternative nicotine products or electronic cigarettes.
(3) Multi products retailer license required. It shall be unlawful without a license issued under this chapter to operate a multi products retailer or to sell or offer for sale at retail, to give away, deliver, or to keep with the intention of selling at retail, giving away, or delivering, any tobacco products, alternative nicotine products or electronic cigarettes. Nothing herein shall be deemed to exempt a licensee from having to obtain any other license required under village ordinances or applicable state or federal law, including but not limited to a business license under Chapter 113.
(B) General regulations applicable to licensees.
(1) Inspections: Establishments defined herein shall be subject to periodic inspections by authorized village personnel to ensure continual compliance with the terms of this chapter.
(2) No on-premises use or consumption. Except as otherwise permitted by this chapter, or by the applicable provisions of the Smoke Free Illinois Act, ILCS Ch. 410, Act 82, §§ 1 et seq., all licensees shall prohibit the use of tobacco products within any premises licensed under this chapter. Licensees exempt from the preceding sentence include (a) licensees in lawful operation prior to and continuously since January 1, 2008, provided that such licensees shall take all actions necessary to confine smoke, vapors and like emissions to the licensed premises by means of physical barriers, ventilations systems and other physical means and to prevent the migration of the same into other enclosed spaces or places where smoking is prohibited and (b) licensees licensed and commencing operation after January 1, 2008, but only when located in a freestanding structure occupied solely by the licensee, and where smoke, vapors and like emissions are prevented from migrating into other enclosed spaces or places where smoking is prohibited.
(3) Presence of minors prohibited: It shall be unlawful to admit or to allow to remain on the premises persons under 21 years of age. Signs shall be clearly posted and visible prior to entry of the establishment and upon entry that minors are prohibited.
(4) Hours of operation: It shall be unlawful for any person to keep open or operate any business licensed under this chapter in the village between the hours of 1:00 a.m. and 6:00 a.m. on Monday through Friday, inclusive; and between the hours of 2:00 a.m. and 6:00 a.m. on Saturdays and Sundays and on January 1 of each year.
(5) No licensee shall operate any licensed business or be eligible for licensure without demonstrating that the licensee owns the licensed premises or holds the legal right to use and occupy the premises from which the licensed business will operate for the entire license term.
(6) Commitment to the prevention of underage tobacco sales: All license holders must require all employees and agents of the licensed business to sign a document certifying that they are aware of the following:
(a) It is illegal to sell tobacco products, alternative nicotine products or electronic cigarettes to persons under the age of 21;
(b) Identification must be checked on all persons purchasing tobacco products, alternative nicotine products or electronic cigarettes; and
(c) There is a $250 minimum fine for selling tobacco products to persons under the age of 21.
(7) Copies of the executed document for all current employees of the licensed business must be kept on the premises at all times and be available for review and inspection by the Commissioner, village staff and law enforcement officers.
(8) Additionally, all licensees shall display signage on the licensed premises reading as follows:
THE SALE OF TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS OR ELECTRONIC CIGARETTES TO PERSONS UNDER TWENTY ONE YEARS OF AGE AND THE POSSESSION OF THE SAME BY SUCH PERSONS IS PROHIBITED BY LAW.
(C) Number of licenses. As of the date on which the village initially adopts this chapter, the number of licenses available for licensees in any type or classification of license shall be set equal to the number of such businesses of any license type or classification then in lawful operation within the village. Thereafter, the number of licenses in each license category shall be as set forth from time to time by duly adopted village ordinance.
(D) Initial license issuance. Any person or entity that, as of the date of the adoption of this chapter, is lawfully operating a business required to be licensed under this chapter shall be issued an initial license made available for such purpose pursuant to § 129A.04(C), without the payment of an application fee or a license fee, and without completion of the otherwise applicable application process. Upon the expiration of the term of any initial license so issued, the licensee shall thereafter be subject to the otherwise applicable requirements of the chapter, including but not limited to the provisions pertaining to the payment of license fees, application fees, and license application procedures.
(Ord. 22-1766, passed 3-16-22) Penalty, see § 129A.99