§ 110.01  TOBACCO.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      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 State Department of Public Health that is similar in appearance or characteristics to the temburni or tendu leaf.
      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. Cigars, cigarettes, smokeless tobacco or tobacco.
   (B)   Possession and use of tobacco prohibited. No person under 18 years of age shall possess, buy or use any cigar, cigarette, smokeless tobacco or tobacco in any of its forms. No person shall sell, buy for, distribute samples of or furnish any cigar, cigarette, smokeless tobacco or tobacco in any of its forms to any person under 18 years of age. Tobacco products may be sold through a vending machine only in the following locations:
      (1)   Factories, businesses, offices, private clubs and other places not open to the general public;
      (2)   Places to which persons under 18 years of age are not permitted access;
      (3)   Places where alcoholic beverages are sold and consumed on the premises;
      (4)   Places where the vending machine is under the direct supervision (which means that the owner or employee has an unimpeded line of sight to the vending machine) of the owner of the establishment or an employee over 18 years of age. The sale of tobacco products from a vending machine under direct supervision of the owner or an employee of the establishment is considered a sale of tobacco products by that person; or
      (5)   Places where the vending machine can only be operated by the owner or an employee over age 18 either directly or through a remote control device if the device is inaccessible to all customers.
   (C)   Smokeless tobacco.
      (1)   Sales to minors prohibited. No person shall sell any smokeless tobacco to any person under the age of 18.
      (2)   Distribution to minors prohibited. No person shall distribute or cause to be distributed to any person under the age of 18, without charge or at a nominal cost, any smokeless tobacco product.
   (D)   Tobacco accessories and smoking herbs.
      (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 to any person under 18 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)   Sale of cigarette paper from vending machines. No person shall knowingly offer, sell, barter, exchange, deliver or give away cigarette paper or cause, permit or produce cigarette paper to be sold, offered, bartered, exchanged, delivered or given away by use of a vending or coin-operated machine or device. For purposes of this section, “cigarette paper” shall not include any paper that is incorporated into a product to which a tax stamp must be affixed under the Cigarette Tax Act (35 ILCS 130/1 et seq.) or the Cigarette Use Tax Act (35 ILCS 135/1 et seq.).
(Ord. 250, passed 6-21-2006)  Penalty, see § 110.99