Illinois Compiled Statutes
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720 ILCS 675/1
(720 ILCS 675/1)
(from Ch. 23, par. 2357)
Prohibition on sale to and possession of tobacco by minors; prohibition on the distribution of tobacco samples to any person; use of identification cards; vending machines; lunch
wagons; out-of-package sales.
(a) No minor under 18 years of age shall buy any tobacco product. No person shall sell, buy
for, distribute samples of or furnish any tobacco product to any minor under 18 years of age.
(a-5) No minor under 16 years of
age may sell any tobacco product at a retail
establishment selling tobacco products. This subsection does not apply
to a sales clerk in a family-owned business which can prove that the sales
is in fact a son or daughter of the owner.
(a-6) No minor under 18 years of age in the furtherance or facilitation of obtaining any tobacco product shall display or use a false or forged identification card or transfer, alter, or deface an identification card.
(a-7) No minor under 18 years of age shall possess any cigar, cigarette,
smokeless tobacco, or tobacco in any of its forms.
(a-8) A person shall not distribute without charge samples of any tobacco product to any other person, regardless of age:
(1) within a retail establishment selling tobacco
products, unless the retailer has verified the purchaser's age with a government issued identification;
(2) from a lunch wagon; or
(3) on a public way as a promotion or advertisement
of a tobacco manufacturer or tobacco product.
This subsection (a-8) does not apply to the distribution of a tobacco product sample in any adult-only facility.
(a-9) For the purpose of this Section:
"Adult-only facility means a facility or restricted
area (whether open-air or enclosed) where the operator ensures or has a reasonable basis to believe (such as by checking identification as required under State law, or by checking the identification of any person appearing to be under the age of 27) that no person under legal age is present. A facility or restricted area need not be permanently restricted to persons under legal age to constitute an adult-only facility, provided that the operator ensures or has a reasonable basis to believe that no person under legal age is present during the event or time period in question.
"Lunch wagon" means a mobile vehicle designed and
constructed to transport food and from which food is sold to the general public.
"Smokeless tobacco" means any tobacco products that
are suitable for dipping or chewing.
"Tobacco product" means any cigar, cigarette,
smokeless tobacco, or tobacco in any of its forms.
(b) Tobacco products listed in this Section may be sold through a vending machine
only if such tobacco products are not placed together with any non-tobacco product, other than matches, in the vending machine and the vending machine is in
any of the following locations:
(2) Places to which minors under 18 years of age are
(3) Places where alcoholic beverages are sold and
consumed on the premises and vending machine operation is under the direct supervision of the owner or manager.
(5) Places where the vending machine can only be
operated by the owner or an employee over age 18 either directly or through a remote control device if the device is inaccessible to all customers.
(d) The sale or distribution by any person of a tobacco product in this Section, including but not limited to a single or loose cigarette, that is not contained within a sealed container, pack, or package as provided by the manufacturer, which container, pack, or package bears the health warning required by federal law, is prohibited.
(e) It is not a violation of this Act for a person under 18 years of age to purchase or possess a cigar, cigarette, smokeless tobacco or tobacco in any of its forms if the person under the age of 18 purchases or is given the cigar, cigarette, smokeless tobacco or tobacco in any of its forms from a retail seller of tobacco products or an employee of the retail seller pursuant to a plan or action to investigate, patrol, or otherwise conduct a "sting operation" or enforcement action against a retail seller of tobacco products or a person employed by the retail seller of tobacco products or on any premises authorized to sell tobacco products to determine if tobacco products are being sold or given to persons under 18 years of age if the "sting operation" or enforcement action is approved by, conducted by, or conducted on behalf of the Department of State Police, the county sheriff, a municipal police department, the Department of Revenue, the Department of Public Health, or a local health department. The results of any sting operation or enforcement action, including the name of the clerk, shall be provided to the retail seller within 7 business days.
(Source: P.A. 98-1055, eff. 1-1-16