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Full Text of SB2332  100th General Assembly

SB2332eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB2332 EngrossedLRB100 16755 RLC 31895 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cigarette Tax Act is amended by changing
5Section 6 as follows:
 
6    (35 ILCS 130/6)  (from Ch. 120, par. 453.6)
7    Sec. 6. Revocation, cancellation, or suspension of
8license. The Department may, after notice and hearing as
9provided for by this Act, revoke, cancel or suspend the license
10of any distributor, secondary distributor, or retailer for the
11violation of any provision of this Act, or for noncompliance
12with any provision herein contained, or for any noncompliance
13with any lawful rule or regulation promulgated by the
14Department under Section 8 of this Act, or because the licensee
15is determined to be ineligible for a distributor's license for
16any one or more of the reasons provided for in Section 4 of
17this Act, or because the licensee is determined to be
18ineligible for a secondary distributor's license for any one or
19more of the reasons provided for in Section 4c of this Act, or
20because the licensee is determined to be ineligible for a
21retailer's license for any one or more of the reasons provided
22for in Section 4g of this Act. However, no such license shall
23be revoked, cancelled or suspended, except after a hearing by

 

 

SB2332 Engrossed- 2 -LRB100 16755 RLC 31895 b

1the Department with notice to the distributor, secondary
2distributor, or retailer, as aforesaid, and affording such
3distributor, secondary distributor, or retailer a reasonable
4opportunity to appear and defend, and any distributor,
5secondary distributor, or retailer aggrieved by any decision of
6the Department with respect thereto may have the determination
7of the Department judicially reviewed, as herein provided.
8    The Department may revoke, cancel, or suspend the license
9of any distributor for a violation of the Tobacco Product
10Manufacturers' Escrow Enforcement Act as provided in Section 30
11of that Act. The Department may revoke, cancel, or suspend the
12license of any secondary distributor for a violation of
13subsection (e) of Section 15 of the Tobacco Product
14Manufacturers' Escrow Enforcement Act.
15    If the retailer has a training program that facilitates
16compliance with minimum-age tobacco laws, the Department shall
17suspend for 3 days the license of that retailer for a fourth or
18subsequent violation of the Prevention of Tobacco Use by
19Persons under 21 Years of Age Minors and Sale and Distribution
20of Tobacco Products Act, as provided in subsection (a) of
21Section 2 of that Act. For the purposes of this Section, any
22violation of subsection (a) of Section 2 of the Prevention of
23Tobacco Use by Persons under 21 Years of Age Minors and Sale
24and Distribution of Tobacco Products Act occurring at the
25retailer's licensed location during a 24-month period shall be
26counted as a violation against the retailer.

 

 

SB2332 Engrossed- 3 -LRB100 16755 RLC 31895 b

1    If the retailer does not have a training program that
2facilitates compliance with minimum-age tobacco laws, the
3Department shall suspend for 3 days the license of that
4retailer for a second violation of the Prevention of Tobacco
5Use by Persons under 21 Years of Age Minors and Sale and
6Distribution of Tobacco Products Act, as provided in subsection
7(a-5) of Section 2 of that Act.
8    If the retailer does not have a training program that
9facilitates compliance with minimum-age tobacco laws, the
10Department shall suspend for 7 days the license of that
11retailer for a third violation of the Prevention of Tobacco Use
12by Persons under 21 Years of Age Minors and Sale and
13Distribution of Tobacco Products Act, as provided in subsection
14(a-5) of Section 2 of that Act.
15    If the retailer does not have a training program that
16facilitates compliance with minimum-age tobacco laws, the
17Department shall suspend for 30 days the license of a retailer
18for a fourth or subsequent violation of the Prevention of
19Tobacco Use by Persons under 21 Years of Age Minors and Sale
20and Distribution of Tobacco Products Act, as provided in
21subsection (a-5) of Section 2 of that Act.
22    A training program that facilitates compliance with
23minimum-age tobacco laws must include at least the following
24elements: (i) it must explain that only individuals displaying
25valid identification demonstrating that they are 21 18 years of
26age or older shall be eligible to purchase cigarettes or

 

 

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1tobacco products and (ii) it must explain where a clerk can
2check identification for a date of birth. The training may be
3conducted electronically. Each retailer that has a training
4program shall require each employee who completes the training
5program to sign a form attesting that the employee has received
6and completed tobacco training. The form shall be kept in the
7employee's file and may be used to provide proof of training.
8    Any distributor, secondary distributor, or retailer
9aggrieved by any decision of the Department under this Section
10may, within 20 days after notice of the decision, protest and
11request a hearing. Upon receiving a request for a hearing, the
12Department shall give notice in writing to the distributor,
13secondary distributor, or retailer requesting the hearing that
14contains a statement of the charges preferred against the
15distributor, secondary distributor, or retailer and that
16states the time and place fixed for the hearing. The Department
17shall hold the hearing in conformity with the provisions of
18this Act and then issue its final administrative decision in
19the matter to the distributor, secondary distributor, or
20retailer. In the absence of a protest and request for a hearing
21within 20 days, the Department's decision shall become final
22without any further determination being made or notice given.
23    No license so revoked, as aforesaid, shall be reissued to
24any such distributor, secondary distributor, or retailer
25within a period of 6 months after the date of the final
26determination of such revocation. No such license shall be

 

 

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1reissued at all so long as the person who would receive the
2license is ineligible to receive a distributor's license under
3this Act for any one or more of the reasons provided for in
4Section 4 of this Act, is ineligible to receive a secondary
5distributor's license under this Act for any one or more of the
6reasons provided for in Section 4c of this Act, or is
7determined to be ineligible for a retailer's license under the
8Act for any one or more of the reasons provided for in Section
94g of this Act.
10    The Department upon complaint filed in the circuit court
11may by injunction restrain any person who fails, or refuses, to
12comply with any of the provisions of this Act from acting as a
13distributor, secondary distributor, or retailer of cigarettes
14in this State.
15(Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16.)
 
16    Section 10. The Tobacco Products Tax Act of 1995 is amended
17by changing Section 10-25 as follows:
 
18    (35 ILCS 143/10-25)
19    Sec. 10-25. License actions.
20    (a) The Department may, after notice and a hearing, revoke,
21cancel, or suspend the license of any distributor or retailer
22who violates any of the provisions of this Act. The notice
23shall specify the alleged violation or violations upon which
24the revocation, cancellation, or suspension proceeding is

 

 

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1based.
2    (b) The Department may revoke, cancel, or suspend the
3license of any distributor for a violation of the Tobacco
4Product Manufacturers' Escrow Enforcement Act as provided in
5Section 20 of that Act.
6    (c) If the retailer has a training program that facilitates
7compliance with minimum-age tobacco laws, the Department shall
8suspend for 3 days the license of that retailer for a fourth or
9subsequent violation of the Prevention of Tobacco Use by
10Persons under 21 Years of Age Minors and Sale and Distribution
11of Tobacco Products Act, as provided in subsection (a) of
12Section 2 of that Act. For the purposes of this Section, any
13violation of subsection (a) of Section 2 of the Prevention of
14Tobacco Use by Persons under 21 Years of Age Minors and Sale
15and Distribution of Tobacco Products Act occurring at the
16retailer's licensed location, during a 24-month period, shall
17be counted as a violation against the retailer.
18    If the retailer does not have a training program that
19facilitates compliance with minimum-age tobacco laws, the
20Department shall suspend for 3 days the license of that
21retailer for a second violation of the Prevention of Tobacco
22Use by Persons under 21 years of age Minors and Sale and
23Distribution of Tobacco Products Act, as provided in subsection
24(a-5) of Section 2 of that Act.
25    If the retailer does not have a training program that
26facilitates compliance with minimum-age tobacco laws, the

 

 

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1Department shall suspend for 7 days the license of that
2retailer for a third violation of the Prevention of Tobacco Use
3by Persons under 21 Years of Age Minors and Sale and
4Distribution of Tobacco Products Act, as provided in subsection
5(a-5) of Section 2 of that Act.
6    If the retailer does not have a training program that
7facilitates compliance with minimum-age tobacco laws, the
8Department shall suspend for 30 days the license of a retailer
9for a fourth or subsequent violation of the Prevention of
10Tobacco Use by Persons under 21 Years of Age Minors and Sale
11and Distribution of Tobacco Products Act, as provided in
12subsection (a-5) of Section 2 of that Act.
13    A training program that facilitates compliance with
14minimum-age tobacco laws must include at least the following
15elements: (i) it must explain that only individuals displaying
16valid identification demonstrating that they are 21 18 years of
17age or older shall be eligible to purchase cigarettes or
18tobacco products and (ii) it must explain where a clerk can
19check identification for a date of birth. The training may be
20conducted electronically. Each retailer that has a training
21program shall require each employee who completes the training
22program to sign a form attesting that the employee has received
23and completed tobacco training. The form shall be kept in the
24employee's file and may be used to provide proof of training.
25    (d) The Department may, by application to any circuit
26court, obtain an injunction restraining any person who engages

 

 

SB2332 Engrossed- 8 -LRB100 16755 RLC 31895 b

1in business as a distributor of tobacco products without a
2license (either because his or her license has been revoked,
3canceled, or suspended or because of a failure to obtain a
4license in the first instance) from engaging in that business
5until that person, as if that person were a new applicant for a
6license, complies with all of the conditions, restrictions, and
7requirements of Section 10-20 of this Act and qualifies for and
8obtains a license. Refusal or neglect to obey the order of the
9court may result in punishment for contempt.
10(Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16.)
 
11    Section 15. The Liquor Control Act of 1934 is amended by
12changing Sections 3-12 and 6-16.1 as follows:
 
13    (235 ILCS 5/3-12)
14    Sec. 3-12. Powers and duties of State Commission.
15    (a) The State commission shall have the following powers,
16functions, and duties:
17        (1) To receive applications and to issue licenses to
18    manufacturers, foreign importers, importing distributors,
19    distributors, non-resident dealers, on premise consumption
20    retailers, off premise sale retailers, special event
21    retailer licensees, special use permit licenses, auction
22    liquor licenses, brew pubs, caterer retailers,
23    non-beverage users, railroads, including owners and
24    lessees of sleeping, dining and cafe cars, airplanes,

 

 

SB2332 Engrossed- 9 -LRB100 16755 RLC 31895 b

1    boats, brokers, and wine maker's premises licensees in
2    accordance with the provisions of this Act, and to suspend
3    or revoke such licenses upon the State commission's
4    determination, upon notice after hearing, that a licensee
5    has violated any provision of this Act or any rule or
6    regulation issued pursuant thereto and in effect for 30
7    days prior to such violation. Except in the case of an
8    action taken pursuant to a violation of Section 6-3, 6-5,
9    or 6-9, any action by the State Commission to suspend or
10    revoke a licensee's license may be limited to the license
11    for the specific premises where the violation occurred. An
12    action for a violation of this Act shall be commenced by
13    the State Commission within 2 years after the date the
14    State Commission becomes aware of the violation.
15        In lieu of suspending or revoking a license, the
16    commission may impose a fine, upon the State commission's
17    determination and notice after hearing, that a licensee has
18    violated any provision of this Act or any rule or
19    regulation issued pursuant thereto and in effect for 30
20    days prior to such violation.
21        For the purpose of this paragraph (1), when determining
22    multiple violations for the sale of alcohol to a person
23    under the age of 21, a second or subsequent violation for
24    the sale of alcohol to a person under the age of 21 shall
25    only be considered if it was committed within 5 years after
26    the date when a prior violation for the sale of alcohol to

 

 

SB2332 Engrossed- 10 -LRB100 16755 RLC 31895 b

1    a person under the age of 21 was committed.
2        The fine imposed under this paragraph may not exceed
3    $500 for each violation. Each day that the activity, which
4    gave rise to the original fine, continues is a separate
5    violation. The maximum fine that may be levied against any
6    licensee, for the period of the license, shall not exceed
7    $20,000. The maximum penalty that may be imposed on a
8    licensee for selling a bottle of alcoholic liquor with a
9    foreign object in it or serving from a bottle of alcoholic
10    liquor with a foreign object in it shall be the destruction
11    of that bottle of alcoholic liquor for the first 10 bottles
12    so sold or served from by the licensee. For the eleventh
13    bottle of alcoholic liquor and for each third bottle
14    thereafter sold or served from by the licensee with a
15    foreign object in it, the maximum penalty that may be
16    imposed on the licensee is the destruction of the bottle of
17    alcoholic liquor and a fine of up to $50.
18        Any notice issued by the State Commission to a licensee
19    for a violation of this Act or any notice with respect to
20    settlement or offer in compromise shall include the field
21    report, photographs, and any other supporting
22    documentation necessary to reasonably inform the licensee
23    of the nature and extent of the violation or the conduct
24    alleged to have occurred.
25        (2) To adopt such rules and regulations consistent with
26    the provisions of this Act which shall be necessary to

 

 

SB2332 Engrossed- 11 -LRB100 16755 RLC 31895 b

1    carry on its functions and duties to the end that the
2    health, safety and welfare of the People of the State of
3    Illinois shall be protected and temperance in the
4    consumption of alcoholic liquors shall be fostered and
5    promoted and to distribute copies of such rules and
6    regulations to all licensees affected thereby.
7        (3) To call upon other administrative departments of
8    the State, county and municipal governments, county and
9    city police departments and upon prosecuting officers for
10    such information and assistance as it deems necessary in
11    the performance of its duties.
12        (4) To recommend to local commissioners rules and
13    regulations, not inconsistent with the law, for the
14    distribution and sale of alcoholic liquors throughout the
15    State.
16        (5) To inspect, or cause to be inspected, any premises
17    in this State where alcoholic liquors are manufactured,
18    distributed, warehoused, or sold. Nothing in this Act
19    authorizes an agent of the Commission to inspect private
20    areas within the premises without reasonable suspicion or a
21    warrant during an inspection. "Private areas" include, but
22    are not limited to, safes, personal property, and closed
23    desks.
24        (5.1) Upon receipt of a complaint or upon having
25    knowledge that any person is engaged in business as a
26    manufacturer, importing distributor, distributor, or

 

 

SB2332 Engrossed- 12 -LRB100 16755 RLC 31895 b

1    retailer without a license or valid license, to notify the
2    local liquor authority, file a complaint with the State's
3    Attorney's Office of the county where the incident
4    occurred, or initiate an investigation with the
5    appropriate law enforcement officials.
6        (5.2) To issue a cease and desist notice to persons
7    shipping alcoholic liquor into this State from a point
8    outside of this State if the shipment is in violation of
9    this Act.
10        (5.3) To receive complaints from licensees, local
11    officials, law enforcement agencies, organizations, and
12    persons stating that any licensee has been or is violating
13    any provision of this Act or the rules and regulations
14    issued pursuant to this Act. Such complaints shall be in
15    writing, signed and sworn to by the person making the
16    complaint, and shall state with specificity the facts in
17    relation to the alleged violation. If the Commission has
18    reasonable grounds to believe that the complaint
19    substantially alleges a violation of this Act or rules and
20    regulations adopted pursuant to this Act, it shall conduct
21    an investigation. If, after conducting an investigation,
22    the Commission is satisfied that the alleged violation did
23    occur, it shall proceed with disciplinary action against
24    the licensee as provided in this Act.
25        (6) To hear and determine appeals from orders of a
26    local commission in accordance with the provisions of this

 

 

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1    Act, as hereinafter set forth. Hearings under this
2    subsection shall be held in Springfield or Chicago, at
3    whichever location is the more convenient for the majority
4    of persons who are parties to the hearing.
5        (7) The commission shall establish uniform systems of
6    accounts to be kept by all retail licensees having more
7    than 4 employees, and for this purpose the commission may
8    classify all retail licensees having more than 4 employees
9    and establish a uniform system of accounts for each class
10    and prescribe the manner in which such accounts shall be
11    kept. The commission may also prescribe the forms of
12    accounts to be kept by all retail licensees having more
13    than 4 employees, including but not limited to accounts of
14    earnings and expenses and any distribution, payment, or
15    other distribution of earnings or assets, and any other
16    forms, records and memoranda which in the judgment of the
17    commission may be necessary or appropriate to carry out any
18    of the provisions of this Act, including but not limited to
19    such forms, records and memoranda as will readily and
20    accurately disclose at all times the beneficial ownership
21    of such retail licensed business. The accounts, forms,
22    records and memoranda shall be available at all reasonable
23    times for inspection by authorized representatives of the
24    State commission or by any local liquor control
25    commissioner or his or her authorized representative. The
26    commission, may, from time to time, alter, amend or repeal,

 

 

SB2332 Engrossed- 14 -LRB100 16755 RLC 31895 b

1    in whole or in part, any uniform system of accounts, or the
2    form and manner of keeping accounts.
3        (8) In the conduct of any hearing authorized to be held
4    by the commission, to appoint, at the commission's
5    discretion, hearing officers to conduct hearings involving
6    complex issues or issues that will require a protracted
7    period of time to resolve, to examine, or cause to be
8    examined, under oath, any licensee, and to examine or cause
9    to be examined the books and records of such licensee; to
10    hear testimony and take proof material for its information
11    in the discharge of its duties hereunder; to administer or
12    cause to be administered oaths; for any such purpose to
13    issue subpoena or subpoenas to require the attendance of
14    witnesses and the production of books, which shall be
15    effective in any part of this State, and to adopt rules to
16    implement its powers under this paragraph (8).
17        Any Circuit Court may by order duly entered, require
18    the attendance of witnesses and the production of relevant
19    books subpoenaed by the State commission and the court may
20    compel obedience to its order by proceedings for contempt.
21        (9) To investigate the administration of laws in
22    relation to alcoholic liquors in this and other states and
23    any foreign countries, and to recommend from time to time
24    to the Governor and through him or her to the legislature
25    of this State, such amendments to this Act, if any, as it
26    may think desirable and as will serve to further the

 

 

SB2332 Engrossed- 15 -LRB100 16755 RLC 31895 b

1    general broad purposes contained in Section 1-2 hereof.
2        (10) To adopt such rules and regulations consistent
3    with the provisions of this Act which shall be necessary
4    for the control, sale or disposition of alcoholic liquor
5    damaged as a result of an accident, wreck, flood, fire or
6    other similar occurrence.
7        (11) To develop industry educational programs related
8    to responsible serving and selling, particularly in the
9    areas of overserving consumers and illegal underage
10    purchasing and consumption of alcoholic beverages.
11        (11.1) To license persons providing education and
12    training to alcohol beverage sellers and servers for
13    mandatory and non-mandatory training under the Beverage
14    Alcohol Sellers and Servers Education and Training
15    (BASSET) programs and to develop and administer a public
16    awareness program in Illinois to reduce or eliminate the
17    illegal purchase and consumption of alcoholic beverage
18    products by persons under the age of 21. Application for a
19    license shall be made on forms provided by the State
20    Commission.
21        (12) To develop and maintain a repository of license
22    and regulatory information.
23        (13) (Blank). On or before January 15, 1994, the
24    Commission shall issue a written report to the Governor and
25    General Assembly that is to be based on a comprehensive
26    study of the impact on and implications for the State of

 

 

SB2332 Engrossed- 16 -LRB100 16755 RLC 31895 b

1    Illinois of Section 1926 of the federal ADAMHA
2    Reorganization Act of 1992 (Public Law 102-321). This study
3    shall address the extent to which Illinois currently
4    complies with the provisions of P.L. 102-321 and the rules
5    promulgated pursuant thereto.
6        As part of its report, the Commission shall provide the
7    following essential information:
8            (i) the number of retail distributors of tobacco
9        products, by type and geographic area, in the State;
10            (ii) the number of reported citations and
11        successful convictions, categorized by type and
12        location of retail distributor, for violation of the
13        Prevention of Tobacco Use by Minors and Sale and
14        Distribution of Tobacco Products Act and the Smokeless
15        Tobacco Limitation Act;
16            (iii) the extent and nature of organized
17        educational and governmental activities that are
18        intended to promote, encourage or otherwise secure
19        compliance with any Illinois laws that prohibit the
20        sale or distribution of tobacco products to minors; and
21            (iv) the level of access and availability of
22        tobacco products to individuals under the age of 18.
23        To obtain the data necessary to comply with the
24    provisions of P.L. 102-321 and the requirements of this
25    report, the Commission shall conduct random, unannounced
26    inspections of a geographically and scientifically

 

 

SB2332 Engrossed- 17 -LRB100 16755 RLC 31895 b

1    representative sample of the State's retail tobacco
2    distributors.
3        The Commission shall consult with the Department of
4    Public Health, the Department of Human Services, the
5    Illinois State Police and any other executive branch
6    agency, and private organizations that may have
7    information relevant to this report.
8        The Commission may contract with the Food and Drug
9    Administration of the U.S. Department of Health and Human
10    Services to conduct unannounced investigations of Illinois
11    tobacco vendors to determine compliance with federal laws
12    relating to the illegal sale of cigarettes and smokeless
13    tobacco products to persons under the age of 18.
14        (14) On or before April 30, 2008 and every 2 years
15    thereafter, the Commission shall present a written report
16    to the Governor and the General Assembly that shall be
17    based on a study of the impact of Public Act 95-634 on the
18    business of soliciting, selling, and shipping wine from
19    inside and outside of this State directly to residents of
20    this State. As part of its report, the Commission shall
21    provide all of the following information:
22            (A) The amount of State excise and sales tax
23        revenues generated.
24            (B) The amount of licensing fees received.
25            (C) The number of cases of wine shipped from inside
26        and outside of this State directly to residents of this

 

 

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1        State.
2            (D) The number of alcohol compliance operations
3        conducted.
4            (E) The number of winery shipper's licenses
5        issued.
6            (F) The number of each of the following: reported
7        violations; cease and desist notices issued by the
8        Commission; notices of violations issued by the
9        Commission and to the Department of Revenue; and
10        notices and complaints of violations to law
11        enforcement officials, including, without limitation,
12        the Illinois Attorney General and the U.S. Department
13        of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
14        The report to the General Assembly shall be filed with
15    the Clerk of the House of Representatives and the Secretary
16    of the Senate in electronic form only, in the manner that
17    the Clerk and the Secretary shall direct.
18        (15) As a means to reduce the underage consumption of
19    alcoholic liquors, the Commission shall conduct alcohol
20    compliance operations to investigate whether businesses
21    that are soliciting, selling, and shipping wine from inside
22    or outside of this State directly to residents of this
23    State are licensed by this State or are selling or
24    attempting to sell wine to persons under 21 years of age in
25    violation of this Act.
26        (16) The Commission shall, in addition to notifying any

 

 

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1    appropriate law enforcement agency, submit notices of
2    complaints or violations of Sections 6-29 and 6-29.1 by
3    persons who do not hold a winery shipper's license under
4    this Act to the Illinois Attorney General and to the U.S.
5    Department of Treasury's Alcohol and Tobacco Tax and Trade
6    Bureau.
7        (17)(A) A person licensed to make wine under the laws
8    of another state who has a winery shipper's license under
9    this Act and annually produces less than 25,000 gallons of
10    wine or a person who has a first-class or second-class wine
11    manufacturer's license, a first-class or second-class
12    wine-maker's license, or a limited wine manufacturer's
13    license under this Act and annually produces less than
14    25,000 gallons of wine may make application to the
15    Commission for a self-distribution exemption to allow the
16    sale of not more than 5,000 gallons of the exemption
17    holder's wine to retail licensees per year.
18        (B) In the application, which shall be sworn under
19    penalty of perjury, such person shall state (1) the date it
20    was established; (2) its volume of production and sales for
21    each year since its establishment; (3) its efforts to
22    establish distributor relationships; (4) that a
23    self-distribution exemption is necessary to facilitate the
24    marketing of its wine; and (5) that it will comply with the
25    liquor and revenue laws of the United States, this State,
26    and any other state where it is licensed.

 

 

SB2332 Engrossed- 20 -LRB100 16755 RLC 31895 b

1        (C) The Commission shall approve the application for a
2    self-distribution exemption if such person: (1) is in
3    compliance with State revenue and liquor laws; (2) is not a
4    member of any affiliated group that produces more than
5    25,000 gallons of wine per annum or produces any other
6    alcoholic liquor; (3) will not annually produce for sale
7    more than 25,000 gallons of wine; and (4) will not annually
8    sell more than 5,000 gallons of its wine to retail
9    licensees.
10        (D) A self-distribution exemption holder shall
11    annually certify to the Commission its production of wine
12    in the previous 12 months and its anticipated production
13    and sales for the next 12 months. The Commission may fine,
14    suspend, or revoke a self-distribution exemption after a
15    hearing if it finds that the exemption holder has made a
16    material misrepresentation in its application, violated a
17    revenue or liquor law of Illinois, exceeded production of
18    25,000 gallons of wine in any calendar year, or become part
19    of an affiliated group producing more than 25,000 gallons
20    of wine or any other alcoholic liquor.
21        (E) Except in hearings for violations of this Act or
22    Public Act 95-634 or a bona fide investigation by duly
23    sworn law enforcement officials, the Commission, or its
24    agents, the Commission shall maintain the production and
25    sales information of a self-distribution exemption holder
26    as confidential and shall not release such information to

 

 

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1    any person.
2        (F) The Commission shall issue regulations governing
3    self-distribution exemptions consistent with this Section
4    and this Act.
5        (G) Nothing in this subsection (17) shall prohibit a
6    self-distribution exemption holder from entering into or
7    simultaneously having a distribution agreement with a
8    licensed Illinois distributor.
9        (H) It is the intent of this subsection (17) to promote
10    and continue orderly markets. The General Assembly finds
11    that in order to preserve Illinois' regulatory
12    distribution system it is necessary to create an exception
13    for smaller makers of wine as their wines are frequently
14    adjusted in varietals, mixes, vintages, and taste to find
15    and create market niches sometimes too small for
16    distributor or importing distributor business strategies.
17    Limited self-distribution rights will afford and allow
18    smaller makers of wine access to the marketplace in order
19    to develop a customer base without impairing the integrity
20    of the 3-tier system.
21        (18)(A) A class 1 brewer licensee, who must also be
22    either a licensed brewer or licensed non-resident dealer
23    and annually manufacture less than 930,000 gallons of beer,
24    may make application to the State Commission for a
25    self-distribution exemption to allow the sale of not more
26    than 232,500 gallons of the exemption holder's beer to

 

 

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1    retail licensees per year.
2        (B) In the application, which shall be sworn under
3    penalty of perjury, the class 1 brewer licensee shall state
4    (1) the date it was established; (2) its volume of beer
5    manufactured and sold for each year since its
6    establishment; (3) its efforts to establish distributor
7    relationships; (4) that a self-distribution exemption is
8    necessary to facilitate the marketing of its beer; and (5)
9    that it will comply with the alcoholic beverage and revenue
10    laws of the United States, this State, and any other state
11    where it is licensed.
12        (C) Any application submitted shall be posted on the
13    State Commission's website at least 45 days prior to action
14    by the State Commission. The State Commission shall approve
15    the application for a self-distribution exemption if the
16    class 1 brewer licensee: (1) is in compliance with the
17    State, revenue, and alcoholic beverage laws; (2) is not a
18    member of any affiliated group that manufactures more than
19    930,000 gallons of beer per annum or produces any other
20    alcoholic beverages; (3) shall not annually manufacture
21    for sale more than 930,000 gallons of beer; (4) shall not
22    annually sell more than 232,500 gallons of its beer to
23    retail licensees; and (5) has relinquished any brew pub
24    license held by the licensee, including any ownership
25    interest it held in the licensed brew pub.
26        (D) A self-distribution exemption holder shall

 

 

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1    annually certify to the State Commission its manufacture of
2    beer during the previous 12 months and its anticipated
3    manufacture and sales of beer for the next 12 months. The
4    State Commission may fine, suspend, or revoke a
5    self-distribution exemption after a hearing if it finds
6    that the exemption holder has made a material
7    misrepresentation in its application, violated a revenue
8    or alcoholic beverage law of Illinois, exceeded the
9    manufacture of 930,000 gallons of beer in any calendar year
10    or became part of an affiliated group manufacturing more
11    than 930,000 gallons of beer or any other alcoholic
12    beverage.
13        (E) The State Commission shall issue rules and
14    regulations governing self-distribution exemptions
15    consistent with this Act.
16        (F) Nothing in this paragraph (18) shall prohibit a
17    self-distribution exemption holder from entering into or
18    simultaneously having a distribution agreement with a
19    licensed Illinois importing distributor or a distributor.
20    If a self-distribution exemption holder enters into a
21    distribution agreement and has assigned distribution
22    rights to an importing distributor or distributor, then the
23    self-distribution exemption holder's distribution rights
24    in the assigned territories shall cease in a reasonable
25    time not to exceed 60 days.
26        (G) It is the intent of this paragraph (18) to promote

 

 

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1    and continue orderly markets. The General Assembly finds
2    that in order to preserve Illinois' regulatory
3    distribution system, it is necessary to create an exception
4    for smaller manufacturers in order to afford and allow such
5    smaller manufacturers of beer access to the marketplace in
6    order to develop a customer base without impairing the
7    integrity of the 3-tier system.
8    (b) On or before April 30, 1999, the Commission shall
9present a written report to the Governor and the General
10Assembly that shall be based on a study of the impact of Public
11Act 90-739 on the business of soliciting, selling, and shipping
12alcoholic liquor from outside of this State directly to
13residents of this State.
14    As part of its report, the Commission shall provide the
15following information:
16        (i) the amount of State excise and sales tax revenues
17    generated as a result of Public Act 90-739;
18        (ii) the amount of licensing fees received as a result
19    of Public Act 90-739;
20        (iii) the number of reported violations, the number of
21    cease and desist notices issued by the Commission, the
22    number of notices of violations issued to the Department of
23    Revenue, and the number of notices and complaints of
24    violations to law enforcement officials.
25(Source: P.A. 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;
26100-134, eff. 8-18-17; 100-201, eff. 8-18-17.)
 

 

 

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1    (235 ILCS 5/6-16.1)
2    Sec. 6-16.1. Enforcement actions.
3    (a) A licensee or an officer, associate, member,
4representative, agent, or employee of a licensee may sell,
5give, or deliver alcoholic liquor to a person under the age of
621 years or authorize the sale, gift, or delivery of alcoholic
7liquor to a person under the age of 21 years pursuant to a plan
8or action to investigate, patrol, or otherwise conduct a "sting
9operation" or enforcement action against a person employed by
10the licensee or on any licensed premises if the licensee or
11officer, associate, member, representative, agent, or employee
12of the licensee provides written notice, at least 14 days
13before the "sting operation" or enforcement action, unless
14governing body of the municipality or county having
15jurisdiction sets a shorter period by ordinance, to the law
16enforcement agency having jurisdiction, the local liquor
17control commissioner, or both. Notice provided under this
18Section shall be valid for a "sting operation" or enforcement
19action conducted within 60 days of the provision of that
20notice, unless the governing body of the municipality or county
21having jurisdiction sets a shorter period by ordinance.
22    (b) A local liquor control commission or unit of local
23government that conducts alcohol and tobacco compliance
24operations shall establish a policy and standards for alcohol
25and tobacco compliance operations to investigate whether a

 

 

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1licensee is furnishing (1) alcoholic liquor to persons under 21
2years of age in violation of this Act or (2) tobacco to persons
3in violation of the Prevention of Tobacco Use by Persons under
421 Years of Age Minors and Sale and Distribution of Tobacco
5Products Act.
6    (c) The Illinois Law Enforcement Training Standards Board
7shall develop a model policy and guidelines for the operation
8of alcohol and tobacco compliance checks by local law
9enforcement officers. The Illinois Law Enforcement Training
10Standards Board shall also require the supervising officers of
11such compliance checks to have met a minimum training standard
12as determined by the Board. The Board shall have the right to
13waive any training based on current written policies and
14procedures for alcohol and tobacco compliance check operations
15and in-service training already administered by the local law
16enforcement agency, department, or office.
17    (d) The provisions of subsections (b) and (c) do not apply
18to a home rule unit with more than 2,000,000 inhabitants.
19    (e) A home rule unit, other than a home rule unit with more
20than 2,000,000 inhabitants, may not regulate enforcement
21actions in a manner inconsistent with the regulation of
22enforcement actions under this Section. This subsection (e) is
23a limitation under subsection (i) of Section 6 of Article VII
24of the Illinois Constitution on the concurrent exercise by home
25rule units of powers and functions exercised by the State.
26    (f) A licensee who is the subject of an enforcement action

 

 

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1or "sting operation" under this Section and is found, pursuant
2to the enforcement action, to be in compliance with this Act
3shall be notified by the enforcement agency action that no
4violation was found within 30 days after the finding.
5(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
696-1000, eff. 7-2-10.)
 
7    Section 20. The Juvenile Court Act of 1987 is amended by
8changing Sections 5-615 and 5-710 as follows:
 
9    (705 ILCS 405/5-615)
10    Sec. 5-615. Continuance under supervision.
11    (1) The court may enter an order of continuance under
12supervision for an offense other than first degree murder, a
13Class X felony or a forcible felony:
14        (a) upon an admission or stipulation by the appropriate
15    respondent or minor respondent of the facts supporting the
16    petition and before the court makes a finding of
17    delinquency, and in the absence of objection made in open
18    court by the minor, his or her parent, guardian, or legal
19    custodian, the minor's attorney or the State's Attorney; or
20        (b) upon a finding of delinquency and after considering
21    the circumstances of the offense and the history,
22    character, and condition of the minor, if the court is of
23    the opinion that:
24            (i) the minor is not likely to commit further

 

 

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1        crimes;
2            (ii) the minor and the public would be best served
3        if the minor were not to receive a criminal record; and
4            (iii) in the best interests of justice an order of
5        continuance under supervision is more appropriate than
6        a sentence otherwise permitted under this Act.
7    (2) (Blank).
8    (3) Nothing in this Section limits the power of the court
9to order a continuance of the hearing for the production of
10additional evidence or for any other proper reason.
11    (4) When a hearing where a minor is alleged to be a
12delinquent is continued pursuant to this Section, the period of
13continuance under supervision may not exceed 24 months. The
14court may terminate a continuance under supervision at any time
15if warranted by the conduct of the minor and the ends of
16justice or vacate the finding of delinquency or both.
17    (5) When a hearing where a minor is alleged to be
18delinquent is continued pursuant to this Section, the court
19may, as conditions of the continuance under supervision,
20require the minor to do any of the following:
21        (a) not violate any criminal statute of any
22    jurisdiction;
23        (b) make a report to and appear in person before any
24    person or agency as directed by the court;
25        (c) work or pursue a course of study or vocational
26    training;

 

 

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1        (d) undergo medical or psychotherapeutic treatment
2    rendered by a therapist licensed under the provisions of
3    the Medical Practice Act of 1987, the Clinical Psychologist
4    Licensing Act, or the Clinical Social Work and Social Work
5    Practice Act, or an entity licensed by the Department of
6    Human Services as a successor to the Department of
7    Alcoholism and Substance Abuse, for the provision of drug
8    addiction and alcoholism treatment;
9        (e) attend or reside in a facility established for the
10    instruction or residence of persons on probation;
11        (f) support his or her dependents, if any;
12        (g) pay costs;
13        (h) refrain from possessing a firearm or other
14    dangerous weapon, or an automobile;
15        (i) permit the probation officer to visit him or her at
16    his or her home or elsewhere;
17        (j) reside with his or her parents or in a foster home;
18        (k) attend school;
19        (k-5) with the consent of the superintendent of the
20    facility, attend an educational program at a facility other
21    than the school in which the offense was committed if he or
22    she committed a crime of violence as defined in Section 2
23    of the Crime Victims Compensation Act in a school, on the
24    real property comprising a school, or within 1,000 feet of
25    the real property comprising a school;
26        (l) attend a non-residential program for youth;

 

 

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1        (m) contribute to his or her own support at home or in
2    a foster home;
3        (n) perform some reasonable public or community
4    service;
5        (o) make restitution to the victim, in the same manner
6    and under the same conditions as provided in subsection (4)
7    of Section 5-710, except that the "sentencing hearing"
8    referred to in that Section shall be the adjudicatory
9    hearing for purposes of this Section;
10        (p) comply with curfew requirements as designated by
11    the court;
12        (q) refrain from entering into a designated geographic
13    area except upon terms as the court finds appropriate. The
14    terms may include consideration of the purpose of the
15    entry, the time of day, other persons accompanying the
16    minor, and advance approval by a probation officer;
17        (r) refrain from having any contact, directly or
18    indirectly, with certain specified persons or particular
19    types of persons, including but not limited to members of
20    street gangs and drug users or dealers;
21        (r-5) undergo a medical or other procedure to have a
22    tattoo symbolizing allegiance to a street gang removed from
23    his or her body;
24        (s) refrain from having in his or her body the presence
25    of any illicit drug prohibited by the Cannabis Control Act,
26    the Illinois Controlled Substances Act, or the

 

 

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1    Methamphetamine Control and Community Protection Act,
2    unless prescribed by a physician, and submit samples of his
3    or her blood or urine or both for tests to determine the
4    presence of any illicit drug; or
5        (t) comply with any other conditions as may be ordered
6    by the court.
7    (6) A minor whose case is continued under supervision under
8subsection (5) shall be given a certificate setting forth the
9conditions imposed by the court. Those conditions may be
10reduced, enlarged, or modified by the court on motion of the
11probation officer or on its own motion, or that of the State's
12Attorney, or, at the request of the minor after notice and
13hearing.
14    (7) If a petition is filed charging a violation of a
15condition of the continuance under supervision, the court shall
16conduct a hearing. If the court finds that a condition of
17supervision has not been fulfilled, the court may proceed to
18findings, adjudication, and disposition or adjudication and
19disposition. The filing of a petition for violation of a
20condition of the continuance under supervision shall toll the
21period of continuance under supervision until the final
22determination of the charge, and the term of the continuance
23under supervision shall not run until the hearing and
24disposition of the petition for violation; provided where the
25petition alleges conduct that does not constitute a criminal
26offense, the hearing must be held within 30 days of the filing

 

 

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1of the petition unless a delay shall continue the tolling of
2the period of continuance under supervision for the period of
3the delay.
4    (8) When a hearing in which a minor is alleged to be a
5delinquent for reasons that include a violation of Section
621-1.3 of the Criminal Code of 1961 or the Criminal Code of
72012 is continued under this Section, the court shall, as a
8condition of the continuance under supervision, require the
9minor to perform community service for not less than 30 and not
10more than 120 hours, if community service is available in the
11jurisdiction. The community service shall include, but need not
12be limited to, the cleanup and repair of the damage that was
13caused by the alleged violation or similar damage to property
14located in the municipality or county in which the alleged
15violation occurred. The condition may be in addition to any
16other condition.
17    (8.5) When a hearing in which a minor is alleged to be a
18delinquent for reasons that include a violation of Section 3.02
19or Section 3.03 of the Humane Care for Animals Act or paragraph
20(d) of subsection (1) of Section 21-1 of the Criminal Code of
211961 or paragraph (4) of subsection (a) of Section 21-1 or the
22Criminal Code of 2012 is continued under this Section, the
23court shall, as a condition of the continuance under
24supervision, require the minor to undergo medical or
25psychiatric treatment rendered by a psychiatrist or
26psychological treatment rendered by a clinical psychologist.

 

 

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1The condition may be in addition to any other condition.
2    (9) When a hearing in which a minor is alleged to be a
3delinquent is continued under this Section, the court, before
4continuing the case, shall make a finding whether the offense
5alleged to have been committed either: (i) was related to or in
6furtherance of the activities of an organized gang or was
7motivated by the minor's membership in or allegiance to an
8organized gang, or (ii) is a violation of paragraph (13) of
9subsection (a) of Section 12-2 or paragraph (2) of subsection
10(c) of Section 12-2 of the Criminal Code of 1961 or the
11Criminal Code of 2012, a violation of any Section of Article 24
12of the Criminal Code of 1961 or the Criminal Code of 2012, or a
13violation of any statute that involved the unlawful use of a
14firearm. If the court determines the question in the
15affirmative the court shall, as a condition of the continuance
16under supervision and as part of or in addition to any other
17condition of the supervision, require the minor to perform
18community service for not less than 30 hours, provided that
19community service is available in the jurisdiction and is
20funded and approved by the county board of the county where the
21offense was committed. The community service shall include, but
22need not be limited to, the cleanup and repair of any damage
23caused by an alleged violation of Section 21-1.3 of the
24Criminal Code of 1961 or the Criminal Code of 2012 and similar
25damage to property located in the municipality or county in
26which the alleged violation occurred. When possible and

 

 

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1reasonable, the community service shall be performed in the
2minor's neighborhood. For the purposes of this Section,
3"organized gang" has the meaning ascribed to it in Section 10
4of the Illinois Streetgang Terrorism Omnibus Prevention Act.
5    (10) The court shall impose upon a minor placed on
6supervision, as a condition of the supervision, a fee of $50
7for each month of supervision ordered by the court, unless
8after determining the inability of the minor placed on
9supervision to pay the fee, the court assesses a lesser amount.
10The court may not impose the fee on a minor who is placed in the
11guardianship or custody of the Department of Children and
12Family Services under this Act while the minor is in placement.
13The fee shall be imposed only upon a minor who is actively
14supervised by the probation and court services department. A
15court may order the parent, guardian, or legal custodian of the
16minor to pay some or all of the fee on the minor's behalf.
17    (11) (Blank). If a minor is placed on supervision for a
18violation of subsection (a-7) of Section 1 of the Prevention of
19Tobacco Use by Minors Act, the court may, in its discretion,
20and upon recommendation by the State's Attorney, order that
21minor and his or her parents or legal guardian to attend a
22smoker's education or youth diversion program as defined in
23that Act if that program is available in the jurisdiction where
24the offender resides. Attendance at a smoker's education or
25youth diversion program shall be time-credited against any
26community service time imposed for any first violation of

 

 

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1subsection (a-7) of Section 1 of that Act. In addition to any
2other penalty that the court may impose for a violation of
3subsection (a-7) of Section 1 of that Act, the court, upon
4request by the State's Attorney, may in its discretion require
5the offender to remit a fee for his or her attendance at a
6smoker's education or youth diversion program.
7    For purposes of this Section, "smoker's education program"
8or "youth diversion program" includes, but is not limited to, a
9seminar designed to educate a person on the physical and
10psychological effects of smoking tobacco products and the
11health consequences of smoking tobacco products that can be
12conducted with a locality's youth diversion program.
13    In addition to any other penalty that the court may impose
14under this subsection (11):
15        (a) If a minor violates subsection (a-7) of Section 1
16    of the Prevention of Tobacco Use by Minors Act, the court
17    may impose a sentence of 15 hours of community service or a
18    fine of $25 for a first violation.
19        (b) A second violation by a minor of subsection (a-7)
20    of Section 1 of that Act that occurs within 12 months after
21    the first violation is punishable by a fine of $50 and 25
22    hours of community service.
23        (c) A third or subsequent violation by a minor of
24    subsection (a-7) of Section 1 of that Act that occurs
25    within 12 months after the first violation is punishable by
26    a $100 fine and 30 hours of community service.

 

 

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1        (d) Any second or subsequent violation not within the
2    12-month time period after the first violation is
3    punishable as provided for a first violation.
4(Source: P.A. 100-159, eff. 8-18-17.)
 
5    (705 ILCS 405/5-710)
6    Sec. 5-710. Kinds of sentencing orders.
7    (1) The following kinds of sentencing orders may be made in
8respect of wards of the court:
9        (a) Except as provided in Sections 5-805, 5-810, and
10    5-815, a minor who is found guilty under Section 5-620 may
11    be:
12            (i) put on probation or conditional discharge and
13        released to his or her parents, guardian or legal
14        custodian, provided, however, that any such minor who
15        is not committed to the Department of Juvenile Justice
16        under this subsection and who is found to be a
17        delinquent for an offense which is first degree murder,
18        a Class X felony, or a forcible felony shall be placed
19        on probation;
20            (ii) placed in accordance with Section 5-740, with
21        or without also being put on probation or conditional
22        discharge;
23            (iii) required to undergo a substance abuse
24        assessment conducted by a licensed provider and
25        participate in the indicated clinical level of care;

 

 

SB2332 Engrossed- 37 -LRB100 16755 RLC 31895 b

1            (iv) on and after the effective date of this
2        amendatory Act of the 98th General Assembly and before
3        January 1, 2017, placed in the guardianship of the
4        Department of Children and Family Services, but only if
5        the delinquent minor is under 16 years of age or,
6        pursuant to Article II of this Act, a minor for whom an
7        independent basis of abuse, neglect, or dependency
8        exists. On and after January 1, 2017, placed in the
9        guardianship of the Department of Children and Family
10        Services, but only if the delinquent minor is under 15
11        years of age or, pursuant to Article II of this Act, a
12        minor for whom an independent basis of abuse, neglect,
13        or dependency exists. An independent basis exists when
14        the allegations or adjudication of abuse, neglect, or
15        dependency do not arise from the same facts, incident,
16        or circumstances which give rise to a charge or
17        adjudication of delinquency;
18            (v) placed in detention for a period not to exceed
19        30 days, either as the exclusive order of disposition
20        or, where appropriate, in conjunction with any other
21        order of disposition issued under this paragraph,
22        provided that any such detention shall be in a juvenile
23        detention home and the minor so detained shall be 10
24        years of age or older. However, the 30-day limitation
25        may be extended by further order of the court for a
26        minor under age 15 committed to the Department of

 

 

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1        Children and Family Services if the court finds that
2        the minor is a danger to himself or others. The minor
3        shall be given credit on the sentencing order of
4        detention for time spent in detention under Sections
5        5-501, 5-601, 5-710, or 5-720 of this Article as a
6        result of the offense for which the sentencing order
7        was imposed. The court may grant credit on a sentencing
8        order of detention entered under a violation of
9        probation or violation of conditional discharge under
10        Section 5-720 of this Article for time spent in
11        detention before the filing of the petition alleging
12        the violation. A minor shall not be deprived of credit
13        for time spent in detention before the filing of a
14        violation of probation or conditional discharge
15        alleging the same or related act or acts. The
16        limitation that the minor shall only be placed in a
17        juvenile detention home does not apply as follows:
18            Persons 18 years of age and older who have a
19        petition of delinquency filed against them may be
20        confined in an adult detention facility. In making a
21        determination whether to confine a person 18 years of
22        age or older who has a petition of delinquency filed
23        against the person, these factors, among other
24        matters, shall be considered:
25                (A) the age of the person;
26                (B) any previous delinquent or criminal

 

 

SB2332 Engrossed- 39 -LRB100 16755 RLC 31895 b

1            history of the person;
2                (C) any previous abuse or neglect history of
3            the person;
4                (D) any mental health history of the person;
5            and
6                (E) any educational history of the person;
7            (vi) ordered partially or completely emancipated
8        in accordance with the provisions of the Emancipation
9        of Minors Act;
10            (vii) subject to having his or her driver's license
11        or driving privileges suspended for such time as
12        determined by the court but only until he or she
13        attains 18 years of age;
14            (viii) put on probation or conditional discharge
15        and placed in detention under Section 3-6039 of the
16        Counties Code for a period not to exceed the period of
17        incarceration permitted by law for adults found guilty
18        of the same offense or offenses for which the minor was
19        adjudicated delinquent, and in any event no longer than
20        upon attainment of age 21; this subdivision (viii)
21        notwithstanding any contrary provision of the law;
22            (ix) ordered to undergo a medical or other
23        procedure to have a tattoo symbolizing allegiance to a
24        street gang removed from his or her body; or
25            (x) placed in electronic monitoring or home
26        detention under Part 7A of this Article.

 

 

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1        (b) A minor found to be guilty may be committed to the
2    Department of Juvenile Justice under Section 5-750 if the
3    minor is at least 13 years and under 20 years of age,
4    provided that the commitment to the Department of Juvenile
5    Justice shall be made only if the minor was found guilty of
6    a felony offense or first degree murder. The court shall
7    include in the sentencing order any pre-custody credits the
8    minor is entitled to under Section 5-4.5-100 of the Unified
9    Code of Corrections. The time during which a minor is in
10    custody before being released upon the request of a parent,
11    guardian or legal custodian shall also be considered as
12    time spent in custody.
13        (c) When a minor is found to be guilty for an offense
14    which is a violation of the Illinois Controlled Substances
15    Act, the Cannabis Control Act, or the Methamphetamine
16    Control and Community Protection Act and made a ward of the
17    court, the court may enter a disposition order requiring
18    the minor to undergo assessment, counseling or treatment in
19    a substance abuse program approved by the Department of
20    Human Services.
21    (2) Any sentencing order other than commitment to the
22Department of Juvenile Justice may provide for protective
23supervision under Section 5-725 and may include an order of
24protection under Section 5-730.
25    (3) Unless the sentencing order expressly so provides, it
26does not operate to close proceedings on the pending petition,

 

 

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1but is subject to modification until final closing and
2discharge of the proceedings under Section 5-750.
3    (4) In addition to any other sentence, the court may order
4any minor found to be delinquent to make restitution, in
5monetary or non-monetary form, under the terms and conditions
6of Section 5-5-6 of the Unified Code of Corrections, except
7that the "presentencing hearing" referred to in that Section
8shall be the sentencing hearing for purposes of this Section.
9The parent, guardian or legal custodian of the minor may be
10ordered by the court to pay some or all of the restitution on
11the minor's behalf, pursuant to the Parental Responsibility
12Law. The State's Attorney is authorized to act on behalf of any
13victim in seeking restitution in proceedings under this
14Section, up to the maximum amount allowed in Section 5 of the
15Parental Responsibility Law.
16    (5) Any sentencing order where the minor is committed or
17placed in accordance with Section 5-740 shall provide for the
18parents or guardian of the estate of the minor to pay to the
19legal custodian or guardian of the person of the minor such
20sums as are determined by the custodian or guardian of the
21person of the minor as necessary for the minor's needs. The
22payments may not exceed the maximum amounts provided for by
23Section 9.1 of the Children and Family Services Act.
24    (6) Whenever the sentencing order requires the minor to
25attend school or participate in a program of training, the
26truant officer or designated school official shall regularly

 

 

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1report to the court if the minor is a chronic or habitual
2truant under Section 26-2a of the School Code. Notwithstanding
3any other provision of this Act, in instances in which
4educational services are to be provided to a minor in a
5residential facility where the minor has been placed by the
6court, costs incurred in the provision of those educational
7services must be allocated based on the requirements of the
8School Code.
9    (7) In no event shall a guilty minor be committed to the
10Department of Juvenile Justice for a period of time in excess
11of that period for which an adult could be committed for the
12same act. The court shall include in the sentencing order a
13limitation on the period of confinement not to exceed the
14maximum period of imprisonment the court could impose under
15Article V of the Unified Code of Corrections.
16    (7.5) In no event shall a guilty minor be committed to the
17Department of Juvenile Justice or placed in detention when the
18act for which the minor was adjudicated delinquent would not be
19illegal if committed by an adult.
20    (7.6) In no event shall a guilty minor be committed to the
21Department of Juvenile Justice for an offense which is a Class
224 felony under Section 19-4 (criminal trespass to a residence),
2321-1 (criminal damage to property), 21-1.01 (criminal damage to
24government supported property), 21-1.3 (criminal defacement of
25property), 26-1 (disorderly conduct), or 31-4 (obstructing
26justice) of the Criminal Code of 2012.

 

 

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1    (7.75) In no event shall a guilty minor be committed to the
2Department of Juvenile Justice for an offense that is a Class 3
3or Class 4 felony violation of the Illinois Controlled
4Substances Act unless the commitment occurs upon a third or
5subsequent judicial finding of a violation of probation for
6substantial noncompliance with court-ordered treatment or
7programming.
8    (8) A minor found to be guilty for reasons that include a
9violation of Section 21-1.3 of the Criminal Code of 1961 or the
10Criminal Code of 2012 shall be ordered to perform community
11service for not less than 30 and not more than 120 hours, if
12community service is available in the jurisdiction. The
13community service shall include, but need not be limited to,
14the cleanup and repair of the damage that was caused by the
15violation or similar damage to property located in the
16municipality or county in which the violation occurred. The
17order may be in addition to any other order authorized by this
18Section.
19    (8.5) A minor found to be guilty for reasons that include a
20violation of Section 3.02 or Section 3.03 of the Humane Care
21for Animals Act or paragraph (d) of subsection (1) of Section
2221-1 of the Criminal Code of 1961 or paragraph (4) of
23subsection (a) of Section 21-1 of the Criminal Code of 2012
24shall be ordered to undergo medical or psychiatric treatment
25rendered by a psychiatrist or psychological treatment rendered
26by a clinical psychologist. The order may be in addition to any

 

 

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1other order authorized by this Section.
2    (9) In addition to any other sentencing order, the court
3shall order any minor found to be guilty for an act which would
4constitute, predatory criminal sexual assault of a child,
5aggravated criminal sexual assault, criminal sexual assault,
6aggravated criminal sexual abuse, or criminal sexual abuse if
7committed by an adult to undergo medical testing to determine
8whether the defendant has any sexually transmissible disease
9including a test for infection with human immunodeficiency
10virus (HIV) or any other identified causative agency of
11acquired immunodeficiency syndrome (AIDS). Any medical test
12shall be performed only by appropriately licensed medical
13practitioners and may include an analysis of any bodily fluids
14as well as an examination of the minor's person. Except as
15otherwise provided by law, the results of the test shall be
16kept strictly confidential by all medical personnel involved in
17the testing and must be personally delivered in a sealed
18envelope to the judge of the court in which the sentencing
19order was entered for the judge's inspection in camera. Acting
20in accordance with the best interests of the victim and the
21public, the judge shall have the discretion to determine to
22whom the results of the testing may be revealed. The court
23shall notify the minor of the results of the test for infection
24with the human immunodeficiency virus (HIV). The court shall
25also notify the victim if requested by the victim, and if the
26victim is under the age of 15 and if requested by the victim's

 

 

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1parents or legal guardian, the court shall notify the victim's
2parents or the legal guardian, of the results of the test for
3infection with the human immunodeficiency virus (HIV). The
4court shall provide information on the availability of HIV
5testing and counseling at the Department of Public Health
6facilities to all parties to whom the results of the testing
7are revealed. The court shall order that the cost of any test
8shall be paid by the county and may be taxed as costs against
9the minor.
10    (10) When a court finds a minor to be guilty the court
11shall, before entering a sentencing order under this Section,
12make a finding whether the offense committed either: (a) was
13related to or in furtherance of the criminal activities of an
14organized gang or was motivated by the minor's membership in or
15allegiance to an organized gang, or (b) involved a violation of
16subsection (a) of Section 12-7.1 of the Criminal Code of 1961
17or the Criminal Code of 2012, a violation of any Section of
18Article 24 of the Criminal Code of 1961 or the Criminal Code of
192012, or a violation of any statute that involved the wrongful
20use of a firearm. If the court determines the question in the
21affirmative, and the court does not commit the minor to the
22Department of Juvenile Justice, the court shall order the minor
23to perform community service for not less than 30 hours nor
24more than 120 hours, provided that community service is
25available in the jurisdiction and is funded and approved by the
26county board of the county where the offense was committed. The

 

 

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1community service shall include, but need not be limited to,
2the cleanup and repair of any damage caused by a violation of
3Section 21-1.3 of the Criminal Code of 1961 or the Criminal
4Code of 2012 and similar damage to property located in the
5municipality or county in which the violation occurred. When
6possible and reasonable, the community service shall be
7performed in the minor's neighborhood. This order shall be in
8addition to any other order authorized by this Section except
9for an order to place the minor in the custody of the
10Department of Juvenile Justice. For the purposes of this
11Section, "organized gang" has the meaning ascribed to it in
12Section 10 of the Illinois Streetgang Terrorism Omnibus
13Prevention Act.
14    (11) If the court determines that the offense was committed
15in furtherance of the criminal activities of an organized gang,
16as provided in subsection (10), and that the offense involved
17the operation or use of a motor vehicle or the use of a
18driver's license or permit, the court shall notify the
19Secretary of State of that determination and of the period for
20which the minor shall be denied driving privileges. If, at the
21time of the determination, the minor does not hold a driver's
22license or permit, the court shall provide that the minor shall
23not be issued a driver's license or permit until his or her
2418th birthday. If the minor holds a driver's license or permit
25at the time of the determination, the court shall provide that
26the minor's driver's license or permit shall be revoked until

 

 

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1his or her 21st birthday, or until a later date or occurrence
2determined by the court. If the minor holds a driver's license
3at the time of the determination, the court may direct the
4Secretary of State to issue the minor a judicial driving
5permit, also known as a JDP. The JDP shall be subject to the
6same terms as a JDP issued under Section 6-206.1 of the
7Illinois Vehicle Code, except that the court may direct that
8the JDP be effective immediately.
9    (12) (Blank). If a minor is found to be guilty of a
10violation of subsection (a-7) of Section 1 of the Prevention of
11Tobacco Use by Minors Act, the court may, in its discretion,
12and upon recommendation by the State's Attorney, order that
13minor and his or her parents or legal guardian to attend a
14smoker's education or youth diversion program as defined in
15that Act if that program is available in the jurisdiction where
16the offender resides. Attendance at a smoker's education or
17youth diversion program shall be time-credited against any
18community service time imposed for any first violation of
19subsection (a-7) of Section 1 of that Act. In addition to any
20other penalty that the court may impose for a violation of
21subsection (a-7) of Section 1 of that Act, the court, upon
22request by the State's Attorney, may in its discretion require
23the offender to remit a fee for his or her attendance at a
24smoker's education or youth diversion program.
25    For purposes of this Section, "smoker's education program"
26or "youth diversion program" includes, but is not limited to, a

 

 

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1seminar designed to educate a person on the physical and
2psychological effects of smoking tobacco products and the
3health consequences of smoking tobacco products that can be
4conducted with a locality's youth diversion program.
5    In addition to any other penalty that the court may impose
6under this subsection (12):
7        (a) If a minor violates subsection (a-7) of Section 1
8    of the Prevention of Tobacco Use by Minors Act, the court
9    may impose a sentence of 15 hours of community service or a
10    fine of $25 for a first violation.
11        (b) A second violation by a minor of subsection (a-7)
12    of Section 1 of that Act that occurs within 12 months after
13    the first violation is punishable by a fine of $50 and 25
14    hours of community service.
15        (c) A third or subsequent violation by a minor of
16    subsection (a-7) of Section 1 of that Act that occurs
17    within 12 months after the first violation is punishable by
18    a $100 fine and 30 hours of community service.
19        (d) Any second or subsequent violation not within the
20    12-month time period after the first violation is
21    punishable as provided for a first violation.
22(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879,
23eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17.)
 
24    Section 25. The Prevention of Tobacco Use by Minors and
25Sale and Distribution of Tobacco Products Act is amended by

 

 

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1changing the title of the Act and Sections 0.01, 1, and 2 as
2follows:
 
3    (720 ILCS 675/Act title)
4An Act to prohibit persons under 21 years of age minors
5from buying or , selling, or possessing tobacco in any of its
6forms, to prohibit selling, giving or furnishing tobacco, in
7any of its forms, to persons under 21 years of age minors, and
8to prohibit the distribution of tobacco samples and providing
9penalties therefor.
 
10    (720 ILCS 675/0.01)  (from Ch. 23, par. 2356.9)
11    Sec. 0.01. Short title. This Act may be cited as the
12Prevention of Tobacco Use by Persons under 21 Years of Age
13Minors and Sale and Distribution of Tobacco Products Act.
14(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
1596-1000, eff. 7-2-10.)
 
16    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
17    Sec. 1. Prohibition on sale to and possession of tobacco
18products, electronic cigarettes, and alternative nicotine
19products to persons under 21 years of age by minors;
20prohibition on the distribution of tobacco product samples,
21electronic cigarette samples, and alternative nicotine product
22samples to any person; use of identification cards; vending
23machines; lunch wagons; out-of-package sales.

 

 

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1    (a) No person minor under 21 18 years of age shall buy any
2tobacco product, electronic cigarette, or alternative nicotine
3product. No person shall sell, buy for, distribute samples of
4or furnish any tobacco product, electronic cigarette, or any
5alternative nicotine product to any person minor under 21 18
6years of age.
7    (a-5) No person minor under 16 years of age may sell any
8tobacco product, electronic cigarette, or alternative nicotine
9product at a retail establishment selling tobacco products,
10electronic cigarettes, or alternative nicotine products. This
11subsection does not apply to a sales clerk in a family-owned
12business which can prove that the sales clerk is in fact a son
13or daughter of the owner.
14    (a-5.1) Before selling, offering for sale, giving, or
15furnishing a tobacco product, electronic cigarette, or
16alternative nicotine product to another person, the person
17selling, offering for sale, giving, or furnishing the tobacco
18product, electronic cigarette, or alternative nicotine product
19shall verify that the person is at least 21 years of age by:
20        (1) examining from any person that appears to be under
21    30 years of age a government-issued photographic
22    identification that establishes the person to be 21 years
23    of age or older; or
24        (2) for sales of tobacco products, electronic
25    cigarettes, or alternative nicotine products made through
26    the Internet or other remote sales methods, performing an

 

 

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1    age verification through an independent, third party age
2    verification service that compares information available
3    from public records to the personal information entered by
4    the person during the ordering process that establishes the
5    person is 21 years of age or older.
6    (a-6) No person minor under 21 18 years of age in the
7furtherance or facilitation of obtaining any tobacco product,
8electronic cigarette, or alternative nicotine product shall
9display or use a false or forged identification card or
10transfer, alter, or deface an identification card.
11     (a-7) (Blank). No minor under 18 years of age shall
12possess any cigar, cigarette, smokeless tobacco, or tobacco in
13any of its forms.
14    (a-8) A person shall not distribute without charge samples
15of any tobacco product to any other person, regardless of age,
16except for smokeless tobacco in an adult-only facility. :
17        (1) within a retail establishment selling tobacco
18    products, unless the retailer has verified the purchaser's
19    age with a government issued identification;
20        (2) from a lunch wagon; or
21        (3) on a public way as a promotion or advertisement of
22    a tobacco manufacturer or tobacco product.
23    This subsection (a-8) does not apply to the distribution of
24a tobacco product, electronic cigarette, or alternative
25nicotine product sample in any adult-only facility.
26    (a-9) For the purpose of this Section:

 

 

SB2332 Engrossed- 52 -LRB100 16755 RLC 31895 b

1        "Adult-only facility" means a facility or restricted
2    area (whether open-air or enclosed) where the operator
3    ensures or has a reasonable basis to believe (such as by
4    checking identification as required under State law, or by
5    checking the identification of any person appearing to be
6    under the age of 30 27) that no person under legal age is
7    present. A facility or restricted area need not be
8    permanently restricted to persons under 21 years of legal
9    age to constitute an adult-only facility, provided that the
10    operator ensures or has a reasonable basis to believe that
11    no person under 21 years of legal age is present during the
12    event or time period in question.
13        "Alternative nicotine product" means a product or
14    device not consisting of or containing tobacco that
15    provides for the ingestion into the body of nicotine,
16    whether by chewing, smoking, absorbing, dissolving,
17    inhaling, snorting, sniffing, or by any other means.
18    "Alternative nicotine product" does not include:
19    cigarettes as defined in Section 1 of the Cigarette Tax Act
20    and tobacco products as defined in Section 10-5 of the
21    Tobacco Products Tax Act of 1995; tobacco product and
22    electronic cigarette as defined in this Section; or any
23    product approved by the United States Food and Drug
24    Administration for sale as a tobacco cessation product, as
25    a tobacco dependence product, or for other medical
26    purposes, and is being marketed and sold solely for that

 

 

SB2332 Engrossed- 53 -LRB100 16755 RLC 31895 b

1    approved purpose.
2        "Electronic cigarette" means:
3        (1) any device that employs a battery or other
4    mechanism to heat a solution or substance to produce a
5    vapor or aerosol intended for inhalation;
6        (2) any cartridge or container of a solution or
7    substance intended to be used with or in the device or to
8    refill the device; or
9        (3) any solution or substance, whether or not it
10    contains nicotine intended for use in the device.
11    "Electronic cigarette" includes, but is not limited to, any
12    electronic nicotine delivery system, electronic cigar,
13    electronic cigarillo, electronic pipe, electronic hookah,
14    vape pen, or similar product or device, and any components
15    or parts that can be used to build the product or device.
16    "Electronic cigarette" does not include: cigarettes as
17    defined in Section 1 of the Cigarette Tax Act and tobacco
18    products as defined in Section 10-5 of the Tobacco Products
19    Tax Act of 1995; tobacco product and alternative nicotine
20    product as defined in this Section; any product approved by
21    the United States Food and Drug Administration for sale as
22    a tobacco cessation product, as a tobacco dependence
23    product, or for other medical purposes, and is being
24    marketed and sold solely for that approved purpose; any
25    asthma inhaler prescribed by a physician for that condition
26    and is being marketed and sold solely for that approved

 

 

SB2332 Engrossed- 54 -LRB100 16755 RLC 31895 b

1    purpose; or any therapeutic product approved for use under
2    the Compassionate Use of Medical Cannabis Pilot Program
3    Act.
4        "Lunch wagon" means a mobile vehicle designed and
5    constructed to transport food and from which food is sold
6    to the general public.
7        "Nicotine" means any form of the chemical nicotine,
8    including any salt or complex, regardless of whether the
9    chemical is naturally or synthetically derived.
10        "Smokeless tobacco" means any tobacco products that
11    are suitable for dipping or chewing.
12        "Tobacco product" means any product containing or made
13    from tobacco that is intended for human consumption,
14    whether smoked, heated, chewed, absorbed, dissolved,
15    inhaled, snorted, sniffed, or ingested by any other means,
16    including, but not limited to, cigarettes, cigars, little
17    cigars, chewing tobacco, pipe tobacco, snuff, snus, and any
18    other smokeless tobacco product which contains tobacco
19    that is finely cut, ground, powdered, or leaf and intended
20    to be placed in the oral cavity. "Tobacco product" includes
21    any component, part, or accessory of a tobacco product,
22    whether or not sold separately. "Tobacco product" does not
23    include: an electronic cigarette and alternative nicotine
24    product as defined in this Section; or any product that has
25    been approved by the United States Food and Drug
26    Administration for sale as a tobacco cessation product, as

 

 

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1    a tobacco dependence product, or for other medical
2    purposes, and is being marketed and sold solely for that
3    approved purpose means any cigar, cigarette, smokeless
4    tobacco, or tobacco in any of its forms.
5    (b) Tobacco products, electronic cigarettes, and
6alternative nicotine products listed in this Section may be
7sold through a vending machine only if such tobacco products,
8electronic cigarettes, and alternative nicotine products are
9not placed together with any non-tobacco product, other than
10matches, in the vending machine and the vending machine is in
11any of the following locations:
12        (1) (Blank).
13        (2) Places to which persons minors under 21 18 years of
14    age are not permitted access at any time.
15        (3) Places where alcoholic beverages are sold and
16    consumed on the premises and vending machine operation is
17    under the direct supervision of the owner or manager.
18        (4) (Blank).
19        (5) (Blank). Places where the vending machine can only
20    be operated by the owner or an employee over age 18 either
21    directly or through a remote control device if the device
22    is inaccessible to all customers.
23    (c) (Blank).
24    (d) The sale or distribution by any person of a tobacco
25product as defined in this Section, including but not limited
26to a single or loose cigarette, that is not contained within a

 

 

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1sealed container, pack, or package as provided by the
2manufacturer, which container, pack, or package bears the
3health warning required by federal law, is prohibited.
4    (e) It is not a violation of this Act for a person under 21
518 years of age to purchase or possess a tobacco product,
6electronic cigarette, or alternative nicotine product cigar,
7cigarette, smokeless tobacco or tobacco in any of its forms if
8the person under the age of 21 18 purchases or is given the
9cigar, cigarette, smokeless tobacco or tobacco product,
10electronic cigarette, or alternative nicotine product in any of
11its forms from a retail seller of tobacco products, electronic
12cigarettes, or alternative nicotine products or an employee of
13the retail seller pursuant to a plan or action to investigate,
14patrol, or otherwise conduct a "sting operation" or enforcement
15action against a retail seller of tobacco products, electronic
16cigarettes, or alternative nicotine products or a person
17employed by the retail seller of tobacco products, electronic
18cigarettes, or alternative nicotine products or on any premises
19authorized to sell tobacco products, electronic cigarettes, or
20alternative nicotine products to determine if tobacco
21products, electronic cigarettes, or alternative nicotine
22products are being sold or given to persons under 21 18 years
23of age if the "sting operation" or enforcement action is
24approved by, conducted by, or conducted on behalf of the
25Department of State Police, the county sheriff, a municipal
26police department, the Department of Revenue, the Department of

 

 

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1Public Health, or a local health department. The results of any
2sting operation or enforcement action, including the name of
3the clerk, shall be provided to the retail seller within 7
4business days.
5(Source: P.A. 98-1055, eff. 1-1-16.)
 
6    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
7    Sec. 2. Penalties.
8    (a) Any person who violates subsection (a), or (a-5),
9(a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or
10(c) of Section 1.5 of this Act is guilty of a petty offense.
11For the first offense in a 24-month period, the person shall be
12fined $200 if his or her employer has a training program that
13facilitates compliance with minimum-age tobacco laws. For the
14second offense in a 24-month period, the person shall be fined
15$400 if his or her employer has a training program that
16facilitates compliance with minimum-age tobacco laws. For the
17third offense in a 24-month period, the person shall be fined
18$600 if his or her employer has a training program that
19facilitates compliance with minimum-age tobacco laws. For the
20fourth or subsequent offense in a 24-month period, the person
21shall be fined $800 if his or her employer has a training
22program that facilitates compliance with minimum-age tobacco
23laws. For the purposes of this subsection, the 24-month period
24shall begin with the person's first violation of the Act. The
25penalties in this subsection are in addition to any other

 

 

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1penalties prescribed under the Cigarette Tax Act and the
2Tobacco Products Tax Act of 1995.
3    (a-5) Any retailer who violates subsection (a), or (a-5),
4(a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or
5(c) of Section 1.5 of this Act is guilty of a petty offense.
6For the first offense in a 24-month period, the retailer shall
7be fined $200 if it does not have a training program that
8facilitates compliance with minimum-age tobacco laws. For the
9second offense in a 24-month period, the retailer shall be
10fined $400 if it does not have a training program that
11facilitates compliance with minimum-age tobacco laws. For the
12third offense within a 24-month period, the retailer shall be
13fined $600 if it does not have a training program that
14facilitates compliance with minimum-age tobacco laws. For the
15fourth or subsequent offense in a 24-month period, the retailer
16shall be fined $800 if it does not have a training program that
17facilitates compliance with minimum-age tobacco laws. For the
18purposes of this subsection, the 24-month period shall begin
19with the person's first violation of the Act. The penalties in
20this subsection are in addition to any other penalties
21prescribed under the Cigarette Tax Act and the Tobacco Products
22Tax Act of 1995.
23    (a-6) For the purpose of this Act, a training program that
24facilitates compliance with minimum-age tobacco laws must
25include at least the following elements: (i) it must explain
26that only individuals displaying valid identification

 

 

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1demonstrating that they are 21 18 years of age or older shall
2be eligible to purchase cigarettes or tobacco products,
3electronic cigarettes, or alternative nicotine products and
4(ii) it must explain where a clerk can check identification for
5a date of birth. The training may be conducted electronically.
6Each retailer that has a training program shall require each
7employee who completes the training program to sign a form
8attesting that the employee has received and completed tobacco
9training. The form shall be kept in the employee's file and may
10be used to provide proof of training.
11    (b) (Blank). If a minor violates subsection (a-7) of
12Section 1 or subsection (d) of Section 1.5, he or she is guilty
13of a petty offense and the court may impose a sentence of 25
14hours of community service and a fine of $50 for a first
15violation. If a person under 21 years of age minor violates
16subsection (a-6) of Section 1, he or she is guilty of a Class A
17misdemeanor.
18    (c) (Blank). A second violation by a minor of subsection
19(a-7) of Section 1 or subsection (d) of Section 1.5 that occurs
20within 12 months after the first violation is punishable by a
21fine of $75 and 50 hours of community service.
22    (d) (Blank). A third or subsequent violation by a minor of
23subsection (a-7) of Section 1 or subsection (d) of Section 1.5
24that occurs within 12 months after the first violation is
25punishable by a $200 fine and 50 hours of community service.
26    (e) (Blank). Any second or subsequent violation not within

 

 

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1the 12-month time period after the first violation is
2punishable as provided for a first violation.
3    (f) (Blank). If a minor is convicted of or placed on
4supervision for a violation of subsection (a-6) or (a-7) of
5Section 1 or subsection (d) of Section 1.5, the court may, in
6its discretion, and upon recommendation by the State's
7Attorney, order that minor and his or her parents or legal
8guardian to attend a smoker's education or youth diversion
9program if that program is available in the jurisdiction where
10the offender resides. Attendance at a smoker's education or
11youth diversion program shall be time-credited against any
12community service time imposed for any first violation of
13subsection (a-7) of Section 1. In addition to any other penalty
14that the court may impose for a violation of subsection (a-7)
15of Section 1 or subsection (d) of Section 1.5, the court, upon
16request by the State's Attorney, may in its discretion require
17the offender to remit a fee for his or her attendance at a
18smoker's education or youth diversion program.
19    (g) (Blank). For purposes of this Section, "smoker's
20education program" or "youth diversion program" includes, but
21is not limited to, a seminar designed to educate a person on
22the physical and psychological effects of smoking tobacco
23products and alternative nicotine products and the health
24consequences of smoking tobacco products and alternative
25nicotine products that can be conducted with a locality's youth
26diversion program.

 

 

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1    (h) All moneys collected as fines for violations of
2subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) or
3(a-7) of Section 1 and subsection (b), (c), or (d) of Section
41.5 shall be distributed in the following manner:
5        (1) one-half of each fine shall be distributed to the
6    unit of local government or other entity that successfully
7    prosecuted the offender; and
8        (2) one-half shall be remitted to the State to be used
9    for enforcing this Act.
10    Any violation of subsection (a) or (a-5) of Section 1 or
11subsection (b) or (c) of Section 1.5 shall be reported to the
12Department of Revenue within 7 business days.
13(Source: P.A. 99-192, eff. 1-1-16; 99-496, eff. 6-1-16;
14100-201, eff. 8-18-17.)
 
15    (720 ILCS 675/1.5 rep.)
16    Section 30. The Prevention of Tobacco Use by Minors and
17Sale and Distribution of Tobacco Products Act is amended by
18repealing Section 1.5.
 
19    Section 35. The Display of Tobacco Products Act is amended
20by changing Sections 5, 10, and 15 as follows:
 
21    (720 ILCS 677/5)
22    Sec. 5. Definitions. In this Act:
23    "Electronic cigarette" "Alternative nicotine product" has

 

 

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1the meaning ascribed to it in Section 1 1.5 of the Prevention
2of Tobacco Use by Persons under 21 Years of Age Minors and Sale
3and Distribution of Tobacco Products Act.
4    "Alternative nicotine product" has the meaning ascribed to
5it in Section 1 of the Prevention of Tobacco Use by Persons
6under 21 Years of Age and Sale and Distribution of Tobacco
7Products Act.
8    "Line of sight" means visible to a cashier or other
9employee.
10    "Age restricted area" means a signed designated area in a
11retail establishment to which persons minors under 21 18 years
12of age are not permitted access unless accompanied by a parent
13or legal guardian.
14(Source: P.A. 98-983, eff. 1-1-15.)
 
15    (720 ILCS 677/10)
16    Sec. 10. Tobacco product displays. All single packs of
17cigarettes, and electronic cigarettes, and alternative
18nicotine products must be sold from behind the counter or in an
19age restricted area or in a sealed display case. Any other
20tobacco products must be sold in line of sight.
21    The restrictions described in this Section do not apply to
22a retail tobacco store that (i) derives at least 90% of its
23revenue from tobacco and tobacco related products; (ii) does
24not permit persons under the age of 21 18 to enter the premises
25unless accompanied by a parent or legal guardian; and (iii)

 

 

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1posts a sign on the main entrance way stating that persons
2under the age of 21 18 are prohibited from entering unless
3accompanied by a parent or legal guardian.
4(Source: P.A. 98-983, eff. 1-1-15.)
 
5    (720 ILCS 677/15)
6    Sec. 15. Vending machines. This Act does not prohibit the
7sale of tobacco products, electronic cigarettes, or
8alternative nicotine products from vending machines if the
9location of the vending machines are in compliance with the
10provisions of Section 1 of the Prevention of Tobacco Use by
11Persons under 21 Years of Age Minors and Sale and Distribution
12of Tobacco Products Act.
13(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
1496-1000, eff. 7-2-10.)
 
15    Section 40. The Prevention of Cigarette Sales to Minors Act
16is amended by changing Sections 1, 5, 6, 7, and 8 as follows:
 
17    (720 ILCS 678/1)
18    Sec. 1. Short title. This Act may be cited as the
19Prevention of Cigarette Sales to Persons under 21 Years of Age
20Minors Act.
21(Source: P.A. 93-960, eff. 8-20-04.)
 
22    (720 ILCS 678/5)

 

 

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1    Sec. 5. Unlawful shipment or transportation of cigarettes.
2    (a) It is unlawful for any person engaged in the business
3of selling cigarettes to ship or cause to be shipped any
4cigarettes unless the person shipping the cigarettes:
5        (1) is licensed as a distributor under either the
6    Cigarette Tax Act, or the Cigarette Use Tax Act; or
7    delivers the cigarettes to a distributor licensed under
8    either the Cigarette Tax Act or the Cigarette Use Tax Act;
9    or
10        (2) ships them to an export warehouse proprietor
11    pursuant to Chapter 52 of the Internal Revenue Code, or an
12    operator of a customs bonded warehouse pursuant to Section
13    1311 or 1555 of Title 19 of the United States Code.
14    For purposes of this subsection (a), a person is a licensed
15distributor if the person's name appears on a list of licensed
16distributors published by the Illinois Department of Revenue.
17The term cigarette has the same meaning as defined in Section 1
18of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax
19Act. Nothing in this Act prohibits a person licensed as a
20distributor under the Cigarette Tax Act or the Cigarette Use
21Tax Act from shipping or causing to be shipped any cigarettes
22to a registered retailer under the Retailers' Occupation Tax
23Act provided the cigarette tax or cigarette use tax has been
24paid.
25    (b) A common or contract carrier may transport cigarettes
26to any individual person in this State only if the carrier

 

 

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1reasonably believes such cigarettes have been received from a
2person described in paragraph (a)(1). Common or contract
3carriers may make deliveries of cigarettes to licensed
4distributors described in paragraph (a)(1) of this Section.
5Nothing in this subsection (b) shall be construed to prohibit a
6person other than a common or contract carrier from
7transporting not more than 1,000 cigarettes at any one time to
8any person in this State.
9    (c) A common or contract carrier may not complete the
10delivery of any cigarettes to persons other than those
11described in paragraph (a)(1) of this Section without first
12obtaining from the purchaser an official written
13identification from any state or federal agency that displays
14the person's date of birth or a birth certificate that includes
15a reliable confirmation that the purchaser is at least 21 18
16years of age; that the cigarettes purchased are not intended
17for consumption by an individual who is younger than 21 18
18years of age; and a written statement signed by the purchaser
19that certifies the purchaser's address and that the purchaser
20is at least 21 18 years of age. The statement shall also
21confirm: (1) that the purchaser understands that signing
22another person's name to the certification is illegal; (2) that
23the sale of cigarettes to individuals under 21 18 years of age
24is illegal; and (3) that the purchase of cigarettes by
25individuals under 21 18 years of age is illegal under the laws
26of Illinois.

 

 

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1    (d) When a person engaged in the business of selling
2cigarettes ships or causes to be shipped any cigarettes to any
3person in this State, other than in the cigarette
4manufacturer's or tobacco products manufacturer's original
5container or wrapping, the container or wrapping must be
6plainly and visibly marked with the word "cigarettes".
7    (e) When a peace officer of this State or any duly
8authorized officer or employee of the Illinois Department of
9Public Health or Department of Revenue discovers any cigarettes
10which have been or which are being shipped or transported in
11violation of this Section, he or she shall seize and take
12possession of the cigarettes, and the cigarettes shall be
13subject to a forfeiture action pursuant to the procedures
14provided under the Cigarette Tax Act or Cigarette Use Tax Act.
15(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
16    (720 ILCS 678/6)
17    Sec. 6. Prevention of delivery sales to persons under 21
18years of age minors.
19    (a) No person shall make a delivery sale of cigarettes to
20any individual who is under 21 18 years of age.
21    (b) Each person accepting a purchase order for a delivery
22sale shall comply with the provisions of this Act and all other
23laws of this State generally applicable to sales of cigarettes
24that occur entirely within this State.
25(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 

 

 

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1    (720 ILCS 678/7)
2    Sec. 7. Age verification and shipping requirements to
3prevent delivery sales to persons under 21 of age minors.
4    (a) No person, other than a delivery service, shall mail,
5ship, or otherwise cause to be delivered a shipping package in
6connection with a delivery sale unless the person:
7        (1) prior to the first delivery sale to the prospective
8    consumer, obtains from the prospective consumer a written
9    certification which includes a statement signed by the
10    prospective consumer that certifies:
11            (A) the prospective consumer's current address;
12        and
13            (B) that the prospective consumer is at least the
14        legal minimum age;
15        (2) informs, in writing, such prospective consumer
16    that:
17            (A) the signing of another person's name to the
18        certification described in this Section is illegal;
19            (B) sales of cigarettes to individuals under 21 18
20        years of age are illegal;
21            (C) the purchase of cigarettes by individuals
22        under 21 18 years of age is illegal; and
23            (D) the name and identity of the prospective
24        consumer may be reported to the state of the consumer's
25        current address under the Act of October 19, 1949 (15

 

 

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1        U.S.C. 375, et seq.), commonly known as the Jenkins
2        Act;
3        (3) makes a good faith effort to verify the date of
4    birth of the prospective consumer provided pursuant to this
5    Section by:
6            (A) comparing the date of birth against a
7        commercially available database; or
8            (B) obtaining a photocopy or other image of a
9        valid, government-issued identification stating the
10        date of birth or age of the prospective consumer;
11        (4) provides to the prospective consumer a notice that
12    meets the requirements of subsection (b);
13        (5) receives payment for the delivery sale from the
14    prospective consumer by a credit or debit card that has
15    been issued in such consumer's name, or by a check or other
16    written instrument in such consumer's name; and
17        (6) ensures that the shipping package is delivered to
18    the same address as is shown on the government-issued
19    identification or contained in the commercially available
20    database.
21    (b) The notice required under this Section shall include:
22        (1) a statement that cigarette sales to consumers below
23    21 18 years of age are illegal;
24        (2) a statement that sales of cigarettes are restricted
25    to those consumers who provide verifiable proof of age in
26    accordance with subsection (a);

 

 

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1        (3) a statement that cigarette sales are subject to tax
2    under Section 2 of the Cigarette Tax Act (35 ILCS 130/2),
3    Section 2 of the Cigarette Use Tax Act, and Section 3 of
4    the Use Tax Act and an explanation of how the correct tax
5    has been, or is to be, paid with respect to such delivery
6    sale.
7    (c) A statement meets the requirement of this Section if:
8        (1) the statement is clear and conspicuous;
9        (2) the statement is contained in a printed box set
10    apart from the other contents of the communication;
11        (3) the statement is printed in bold, capital letters;
12        (4) the statement is printed with a degree of color
13    contrast between the background and the printed statement
14    that is no less than the color contrast between the
15    background and the largest text used in the communication;
16    and
17        (5) for any printed material delivered by electronic
18    means, the statement appears at both the top and the bottom
19    of the electronic mail message or both the top and the
20    bottom of the Internet website homepage.
21    (d) Each person, other than a delivery service, who mails,
22ships, or otherwise causes to be delivered a shipping package
23in connection with a delivery sale shall:
24        (1) include as part of the shipping documents a clear
25    and conspicuous statement stating: "Cigarettes: Illinois
26    Law Prohibits Shipping to Individuals Under 21 18 and

 

 

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1    Requires the Payment of All Applicable Taxes";
2        (2) use a method of mailing, shipping, or delivery that
3    requires a signature before the shipping package is
4    released to the consumer; and
5        (3) ensure that the shipping package is not delivered
6    to any post office box.
7(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
8    (720 ILCS 678/8)
9    Sec. 8. Registration and reporting requirements to prevent
10delivery sales to persons under 21 years of age minors.
11    (a) Not later than the 15th day of each month, each person
12making a delivery sale during the previous calendar month shall
13file a report with the Department containing the following
14information:
15        (1) the seller's name, trade name, and the address of
16    such person's principal place of business and any other
17    place of business;
18        (2) the name and address of the consumer to whom such
19    delivery sale was made;
20        (3) the brand style or brand styles of the cigarettes
21    that were sold in such delivery sale;
22        (4) the quantity of cigarettes that were sold in such
23    delivery sale;
24        (5) an indication of whether or not the cigarettes sold
25    in the delivery sale bore a tax stamp evidencing payment of

 

 

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1    the tax under Section 2 of the Cigarette Tax Act (35 ILCS
2    130/2); and
3        (6) such other information the Department may require.
4    (b) Each person engaged in business within this State who
5makes an out-of-state sale shall, for each individual sale,
6submit to the appropriate tax official of the state in which
7the consumer is located the information required in subsection
8(a).
9    (c) Any person that satisfies the requirements of 15 U.S.C.
10Section 376 shall be deemed to satisfy the requirements of
11subsections (a) and (b).
12    (d) The Department is authorized to disclose to the
13Attorney General any information received under this title and
14requested by the Attorney General. The Department and the
15Attorney General shall share with each other the information
16received under this title and may share the information with
17other federal, State, or local agencies for purposes of
18enforcement of this title or the laws of the federal government
19or of other states.
20    (e) This Section shall not be construed to impose liability
21upon any delivery service, or officers or employees thereof,
22when acting within the scope of business of the delivery
23service.
24    (f) The Department may establish procedures requiring
25electronic transmission of the information required by this
26Section directly to the Department on forms prescribed and

 

 

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1furnished by the Department.
2(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
3    (720 ILCS 680/Act rep.)
4    Section 45. The Smokeless Tobacco Limitation Act is
5repealed.
 
6    Section 50. The Tobacco Accessories and Smoking Herbs
7Control Act is amended by changing Sections 2 and 4 as follows:
 
8    (720 ILCS 685/2)  (from Ch. 23, par. 2358-2)
9    Sec. 2. Purpose. The sale and possession of marijuana,
10hashish, cocaine, opium and their derivatives, is not only
11prohibited by Illinois Law, but the use of these substances has
12been deemed injurious to the health of the user.
13    It has further been determined by the Surgeon General of
14the United States that the use of tobacco is hazardous to human
15health.
16    The ready availability of smoking herbs to persons under 21
17years of age minors could lead to the use of tobacco and
18illegal drugs.
19    It is in the best interests of the citizens of the State of
20Illinois to seek to prohibit the spread of illegal drugs,
21tobacco or smoking materials to persons under 21 years of age
22minors. The prohibition of the sale of tobacco and snuff
23accessories and smoking herbs to persons under 21 years of age

 

 

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1minors would help to curb the usage of illegal drugs and
2tobacco products, among our youth.
3(Source: P.A. 82-487.)
 
4    (720 ILCS 685/4)  (from Ch. 23, par. 2358-4)
5    Sec. 4. Offenses.
6    (a) Sale to persons under 21 years of age minors. No person
7shall knowingly sell, barter, exchange, deliver or give away or
8cause or permit or procure to be sold, bartered, exchanged,
9delivered, or given away tobacco accessories or smoking herbs
10to any person under 21 18 years of age.
11    (a-5) Sale of bidi cigarettes. No person shall knowingly
12sell, barter, exchange, deliver, or give away a bidi cigarette
13to another person, nor shall a person cause or permit or
14procure a bidi cigarette to be sold, bartered, exchanged,
15delivered, or given away to another person.
16    (b) Sale of cigarette paper. No person shall knowingly
17offer, sell, barter, exchange, deliver or give away cigarette
18paper or cause, permit, or procure cigarette paper to be sold,
19offered, bartered, exchanged, delivered, or given away except
20from premises or an establishment where other tobacco products
21are sold. For purposes of this Section, "tobacco products"
22means cigarettes, cigars, smokeless tobacco, or tobacco in any
23of its forms.
24    (b-5) Sale of flavored wrapping paper and wrapping leaf. A
25person shall not knowingly sell, give away, barter, exchange,

 

 

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1or otherwise furnish to any person any wrapping paper or
2wrapping leaf, however characterized, including, without
3limitation, cigarette papers, blunt wraps, cigar wraps, or
4tubes of paper or leaf, or any similar device, for the purpose
5of making a roll of tobacco or herbs for smoking, that is or is
6held out to be, impregnated, scented, or imbibed with, or aged
7or dipped in, a characterizing flavor, other than tobacco or
8menthol, including, without limitation, alcoholic or liquor
9flavor, or both, chocolate, fruit flavoring, vanilla, peanut
10butter, jelly, or any combination of those flavors or similar
11child attractive scent or flavor.
12    (c) Sale of cigarette paper from vending machines. No
13person shall knowingly offer, sell, barter, exchange, deliver
14or give away cigarette paper or cause, permit, or procure
15cigarette paper to be sold, offered, bartered, exchanged,
16delivered, or given away by use of a vending or coin-operated
17machine or device. For purposes of this Section, "cigarette
18paper" shall not include any paper that is incorporated into a
19product to which a tax stamp must be affixed under the
20Cigarette Tax Act or the Cigarette Use Tax Act.
21    (d) Use of identification cards. No person in the
22furtherance or facilitation of obtaining smoking accessories
23and smoking herbs shall display or use a false or forged
24identification card or transfer, alter, or deface an
25identification card.
26    (e) Warning to persons under 21 years of age minors. Any

 

 

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1person, firm, partnership, company or corporation operating a
2place of business where tobacco accessories and smoking herbs
3are sold or offered for sale shall post in a conspicuous place
4upon the premises a sign upon which there shall be imprinted
5the following statement, "SALE OF TOBACCO ACCESSORIES AND
6SMOKING HERBS TO PERSONS UNDER 21 EIGHTEEN YEARS OF AGE OR THE
7MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED
8BY LAW". The sign shall be printed on a white card in red
9letters at least one-half inch in height.
10(Source: P.A. 97-917, eff. 8-9-12.)