State of Illinois
91st General Assembly
Legislation

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91_SB0106

 
                                               LRB9101716RCks

 1        AN ACT to amend Sale of Tobacco to Minors Act by changing
 2    the title of the Act and Sections 0.01, 1, and 2.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Sale of Tobacco to Minors Act is  amended
 6    by  changing the title of the Act and Sections 0.01, 1, and 2
 7    as follows:

 8        (720 ILCS 675/Act title)
 9        An Act to prevent the use or  possession  of  tobacco  by
10    minors  prohibit minors from buying or selling tobacco in any
11    of its forms,  to  prohibit  selling,  giving  or  furnishing
12    tobacco,  in  any  of  its  forms,  to  minors, and providing
13    penalties therefor.

14        (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
15        Sec. 0.01.  Short title.  This Act may be  cited  as  the
16    Prevention of Tobacco Use by Sale of Tobacco to Minors Act.
17    (Source: P.A. 86-1324.)

18        (720 ILCS 675/1) (from Ch. 23, par. 2357)
19        Sec.  1.   Sale  to  and  possession by minors of tobacco
20    prohibited.
21        (a)  No minor under 18 years of age shall buy any  cigar,
22    cigarette,  smokeless tobacco or tobacco in any of its forms.
23    No person shall sell,  buy  for,  distribute  samples  of  or
24    furnish any cigar, cigarette, smokeless tobacco or tobacco in
25    any of its forms, to any minor under 18 years of age.
26        (b)  No  minor  under  18  years of age shall possess any
27    cigar, cigarette, smokeless tobacco, or tobacco in any of its
28    forms.
29        (c)  For the purpose of this Section, "smokeless tobacco"
 
                            -2-                LRB9101716RCks
 1    means any tobacco products that are suitable for  dipping  or
 2    chewing.
 3        (d)  Tobacco products listed in this Section above may be
 4    sold   through  a  vending  machine  only  in  the  following
 5    locations:
 6             (1)  Factories, businesses, offices, private  clubs,
 7        and other places not open to the general public.
 8             (2)  Places  to  which  minors under 18 years of age
 9        are not permitted access.
10             (3)  Places where alcoholic beverages are  sold  and
11        consumed on the premises.
12             (4)  Places  where  the vending machine is under the
13        direct supervision of the owner of the  establishment  or
14        an  employee  over  18 years of age.  The sale of tobacco
15        products from a vending machine under direct  supervision
16        of  the  owner  or  an  employee  of the establishment is
17        considered a sale of tobacco products by that person.  As
18        used in this subdivision, "direct supervision" means that
19        the owner or employee has an unimpeded line of  sight  to
20        the vending machine.
21             (5)  Places  where  the  vending machine can only be
22        operated by the owner or an employee over age  18  either
23        directly or through a remote control device if the device
24        is inaccessible to all customers.
25    (Source: P.A. 89-181, eff. 7-19-95.)

26        (720 ILCS 675/2) (from Ch. 23, par. 2358)
27        Sec.  2.   Any  person  who  violates  subsection  (a) of
28    Section 1 any provision of this Act  is  guilty  of  a  petty
29    offense  and  for the first offense shall be fined $200, $400
30    for the second offense in a 12-month period, and $600 for the
31    third or any subsequent offense in  a  12-month  period.  Any
32    person  who  violates subsection (b) of Section 1 of this Act
33    is guilty of a petty offense and the court may impose a  term
 
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 1    of up to 25 hours of community service for the first offense,
 2    a  term of up to 25 hours of community service and a fine not
 3    to exceed $25 for the second offense in  a  12-month  period,
 4    and  a term of up to 30 hours of community service and a fine
 5    not to exceed $50 for the third or any subsequent offense  in
 6    a  12-month  period.   One-half  of each fine collected under
 7    this Section shall  be  distributed  to  the  unit  of  local
 8    government  or  other entity that successfully prosecuted the
 9    offender and one-half shall be remitted to the  State  to  be
10    used for enforcing this Act.
11    (Source: P.A. 88-418.)

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