CHAPTER 8
TOBACCO DEALERS
SECTION:
3-8-1: Legislative Findings And Declaration
3-8-2: Definitions
3-8-3: License
3-8-4: Application For License; Fee
3-8-5: Location Restrictions
3-8-6: Prohibitions Regarding Underage Persons
3-8-7: Certain Free Distributions Prohibited
3-8-8: Vending Machines; Locking Devices
3-8-9: Administration And Enforcement
3-8-1: LEGISLATIVE FINDINGS AND DECLARATION:
The Mayor and Board of Trustees expressly find and declare that:
   A.   Cigarette smoking is dangerous to human health.
   B.   There exists substantial scientific evidence that the use of tobacco products causes cancer, heart disease and various other medical disorders.
   C.   The Surgeon General of the United States has declared that nicotine addiction from tobacco is similar to addiction to cocaine, and is the most widespread example of drug dependence in this country.
   D.   The Director of the National Institute On Drug Abuse concluded that the majority of the 320,000 Americans who die each year from cigarette smoking became addicted to nicotine as adolescents before the age of legal consent.
   E.   The National Institute On Drug Abuse found that cigarette smoking precedes and may be predictive of adolescent illicit drug use.
   F.   The present legislative scheme of prohibiting sales of tobacco products to persons under the age of twenty-one (21) has proven ineffective in preventing such persons from using tobacco products.
   G.   The enactment of this chapter directly pertains to and is in furtherance of the health, welfare and safety of the residents of the Village, particularly those residents under twenty-one (21) years of age. (Ord. 89-15, 3-23-1989, eff. 5-1-1989; amd. Ord. 2020-4, 2-6-2020)
3-8-2: DEFINITIONS:
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
TOBACCO PRODUCTS: Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco. This shall also include e-cigarettes, vaping devices and any substance, with or without nicotine, intended to be aerosolized or vaporized during the use of the device.
TOBACCO RETAILER: A retail facility in which greater than fifty percent (50%) of all sales are for any product containing or made from tobacco, nicotine, alternative nicotine products, electronic cigarettes, and other inhalation devices intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. Tobacco retail includes any component, part, or accessory of a tobacco product, whether or not sold separately, and does not include any onsite consumption.
VENDING MACHINE: Any mechanical, electric or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products. (Ord. 89-15, 3-23-1989, eff. 5-1-1989; amd. Ord. 2019-4, 5-16-2019; Ord. 2024-13, 3-7-2024)
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