A. Definitions:
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 and includes, but is not limited to, e-cigarettes. Alternative nicotine product excludes cigarettes, smokeless tobacco, or other tobacco products as these terms are defined in section 1 of the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act 1 and any product approved by the United States Food and Drug Administration as a non-tobacco product 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.
E-CIGARETTE: Means a device, usually battery-powered, that heats nicotine, releasing a nicotine vapor that can be inhaled by the user of the device. Not by way of limitation, the term "e-cigarette" includes e-cigar, e-cigarillo, e-pipe, e-hookah, or any other device that heats nicotine, releasing a nicotine vapor that can be inhaled by the user of the device.
TOBACCO PRODUCTS: Means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco. The term "tobacco products" also includes "e-cigarette" even if certain e-cigarettes do not contain any tobacco. (Ord. 18-2930, 8-20-2018)
B. Prohibitions:
1. Sale Of Tobacco To Minor: No person in this Village shall sell, buy or furnish any cigar, cigarette, e-cigarette, alternative nicotine product or tobacco in any of its forms, to any minor under twenty one (21) years of age.
2. Possession Of Tobacco By Minor: It shall be unlawful for any person under the age of twenty one (21) years to possess any tobacco products or alternative nicotine products including, but not limited to, e-cigarettes, provided, that the possession by a person under the age of twenty one (21) years under the 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. It shall be unlawful for any person under the age of twenty one (21) years to misrepresent his identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products or alternative nicotine products including, but not limited to, e-cigarettes.
3. Purchase By Minors: It shall be unlawful for any person under the age of twenty one (21) years to purchase tobacco products or alternative nicotine products including, but not limited to, e-cigarettes, or to misrepresent his identity or age, or use any false or altered identification for the purpose of purchasing tobacco products or alternative nicotine products including, but not limited to, e-cigarettes.
4. Certain Free Distributions: It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any such licensee or person, in the course of such licensee's or person's business to distribute, give away or deliver tobacco products or alternative nicotine products including, but not limited to, e-cigarettes free of charge to any person on any right-of-way, park, playground or other property owned by the Village, any school district or any park district.
C. Signs Posted: Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products or on or upon every vending machine which offers tobacco products for sale. 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
(Ord. 19-2958, 6-24-2019)
D. Penalty: In addition to any other penalty provided for in this Code, including section 3-9-11 of this Code, whoever violates any provision of this section shall be fined an amount not to exceed seven hundred fifty dollars ($750.00) for each offense. Each day such violation shall continue shall constitute a separate offense. (Ord. 18-2930, 8-20-2018)
Notes
| 1 | 1. 720 ILCS 675/1 et seq. |