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Public Act 096-0782 |
SB0451 Enrolled |
LRB096 06559 RCE 16643 b |
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Cigarette Tax Act is amended by changing |
Sections 1, 3, 3-10, 4, 4b, 4d, 9c, 18, 18a, 18b, 18c, 20, and |
24 and by adding Section 28a as follows:
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(35 ILCS 130/1) (from Ch. 120, par. 453.1)
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Sec. 1. For the purposes of this Act:
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"Brand Style" means a variety of cigarettes distinguished |
by the tobacco used, tar and nicotine content, flavoring used, |
size of the cigarette, filtration on the cigarette or |
packaging. |
"Cigarette", means any
roll for smoking made wholly or in |
part of tobacco irrespective of size
or shape and whether or |
not such tobacco is flavored, adulterated or
mixed with any |
other ingredient, and the wrapper or cover of which is
made of |
paper or any other substance or material except tobacco.
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"Contraband cigarettes" means: |
(a) cigarettes that do not bear a required tax stamp |
under this Act; |
(b) cigarettes for which any required federal taxes |
have not been paid; |
(c) cigarettes that bear a counterfeit tax stamp; |
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(d) cigarettes that are manufactured, fabricated, |
assembled, processed, packaged, or labeled by any person |
other than (i) the owner of the trademark rights in the |
cigarette brand or (ii) a person that is directly or |
indirectly authorized by such owner; |
(e) cigarettes imported into the United States, or |
otherwise distributed, in violation of the federal |
Imported Cigarette Compliance Act of 2000 (Title IV of |
Public Law 106-476); or |
(f) cigarettes that have false manufacturing labels ; . |
(g) cigarettes identified in Section 3-10(a)(1) of |
this Act; or |
(h) cigarettes that are improperly tax stamped, |
including cigarettes that bear a tax stamp of another state |
or taxing jurisdiction. |
"Person" means any natural individual, firm, partnership, |
association, joint
stock company, joint adventure, public or |
private corporation, however formed,
limited liability |
company, or a receiver, executor, administrator, trustee,
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guardian or other representative appointed by order of any |
court.
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"Prior Continuous Compliance Taxpayer" means any person |
who is licensed
under this Act and who, having been a licensee |
for a continuous period of 5
years, is determined by the |
Department not to have been either delinquent
or deficient in |
the payment of tax liability during that period or
otherwise in |
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violation of this Act. Also, any taxpayer who has, as
verified |
by the Department, continuously complied with the condition of |
his
bond or other security under provisions of this Act for a |
period of 5
consecutive years shall be considered to be a |
"Prior continuous compliance
taxpayer". In calculating the |
consecutive period of time described herein
for qualification |
as a "prior continuous compliance taxpayer", a
consecutive |
period of time of qualifying compliance immediately prior to
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the effective date of this amendatory Act of 1987 shall be |
credited to any
licensee who became licensed on or before the |
effective date of this
amendatory Act of 1987.
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"Department" means the Department of Revenue.
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"Sale" means any transfer, exchange or barter in any manner |
or by any
means whatsoever for a consideration, and includes |
and means all sales
made by any person.
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"Original Package" means the individual packet, box or |
other container
whatsoever used to contain and to convey |
cigarettes to the consumer.
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"Distributor" means any and each of the following:
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(1) Any person engaged in the business of selling |
cigarettes in this
State who brings or causes to be brought |
into this State from without
this State any original packages |
of cigarettes, on which original
packages there is no |
authorized evidence underneath a sealed transparent
wrapper |
showing that the tax liability imposed by this Act has been |
paid
or assumed by the out-of-State seller of such cigarettes, |
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for sale or
other disposition in the course of such business.
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(2) Any person who makes, manufactures or fabricates |
cigarettes in this
State for sale in this State, except a |
person who makes, manufactures
or fabricates cigarettes as a |
part of a correctional industries program
for sale to residents |
incarcerated in penal institutions or resident patients
of a |
State-operated mental health facility.
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(3) Any person who makes, manufactures or fabricates |
cigarettes
outside this State, which cigarettes are placed in |
original packages
contained in sealed transparent wrappers, |
for delivery or shipment into
this State, and who elects to |
qualify and is accepted by the Department
as a distributor |
under Section 4b of this Act.
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"Place of business" shall mean and include any place where |
cigarettes
are sold or where cigarettes are manufactured, |
stored or kept for the
purpose of sale or consumption, |
including any vessel, vehicle, airplane,
train or vending |
machine.
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"Business" means any trade, occupation, activity or |
enterprise
engaged in for the purpose of selling cigarettes in |
this State.
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"Retailer" means any person who engages in the making of |
transfers of
the ownership of, or title to, cigarettes to a |
purchaser for use or
consumption and not for resale in any |
form, for a valuable consideration. "Retailer" does not include |
a person:
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(1) who transfers to residents incarcerated in penal |
institutions
or resident patients of a State-operated |
mental health facility ownership
of cigarettes made, |
manufactured, or fabricated as part of a correctional
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industries program; or |
(2) who transfers cigarettes to a not-for-profit |
research institution that conducts tests concerning the |
health effects of tobacco products and who does not offer |
the cigarettes for resale.
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"Retailer" shall be construed to include any person who |
engages in
the making of transfers of the ownership of, or |
title to, cigarettes to
a purchaser, for use or consumption by |
any other person to whom such
purchaser may transfer the |
cigarettes without a valuable consideration,
except a person |
who transfers to residents incarcerated in penal institutions
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or resident patients of a State-operated mental health facility |
ownership
of cigarettes made, manufactured or fabricated as |
part of a correctional
industries program.
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"Stamp" or "stamps" mean the indicia required to be affixed |
on a pack of cigarettes that evidence payment of the tax on |
cigarettes under Section 2 of this Act (35 ILCS 130/2), or the |
indicia used to indicate that the cigarettes are intended for a |
sale or distribution within this State that is exempt from |
State tax under any applicable provision of law . |
"Within this State" means within the exterior limits of the |
State of Illinois and includes all territory within these |
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limits owned by or ceded to the United States of America. |
"Related party" means any person that is associated with |
any other person because he or she: |
(a) is an officer or director of a business; or |
(b) is legally recognized as a partner in business . ; |
or |
(c) is directly or indirectly controlled by another. |
(Source: P.A. 95-462, eff. 8-27-07; 95-1053, eff. 1-1-10.)
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(35 ILCS 130/3) (from Ch. 120, par. 453.3)
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Sec. 3. Affixing tax stamp; remitting tax to the |
Department. Payment of
the taxes imposed by Section 2 of this |
Act shall
(except as hereinafter provided) be evidenced by |
revenue tax stamps affixed
to each original package of |
cigarettes. Each distributor of cigarettes,
before delivering |
or causing to be delivered any original package of
cigarettes |
in this State to a purchaser, shall firmly affix a proper stamp
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or stamps to each such package, or (in case of manufacturers of |
cigarettes
in original packages which are contained inside a |
sealed transparent
wrapper) shall imprint the required |
language on the original package of
cigarettes beneath such |
outside wrapper, as hereinafter provided. Any stamp required by |
this Act shall note whether the State tax under Section 2 of |
this Act (35 ILCS 130/2) was paid.
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No stamp or imprint may be affixed to, or made upon, any |
package of
cigarettes unless that package complies with all |
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requirements of the federal
Cigarette Labeling and Advertising |
Act, 15 U.S.C. 1331 and following, for the
placement of labels, |
warnings, or any other information upon a package of
cigarettes |
that is sold within the United States. Under the authority of
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Section 6, the Department shall revoke the license of any |
distributor that is
determined to have violated this paragraph.
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A person may not affix a stamp on a package of cigarettes, |
cigarette papers,
wrappers, or tubes if that individual package |
has been marked for export
outside the United States with a |
label or notice in compliance with Section
290.185 of Title 27 |
of the Code of Federal Regulations. It is not a defense to
a |
proceeding for violation of this paragraph that the label or |
notice has been
removed, mutilated, obliterated, or altered in |
any manner.
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Only distributors licensed under this Act and |
transporters, as defined in Section 9c of this Act, may possess |
or out-of-state manufacturers holding a permit under this Act |
may receive unstamped original packages packs of cigarettes. |
Prior to shipment to an Illinois retailer, a stamp shall be |
applied to each original package of cigarettes sold to the |
retailer. A distributor may apply tax stamps only to original |
packages of cigarettes purchased or obtained directly from an |
in-state maker, manufacturer, or fabricator licensed as a |
distributor under Section 4 of this Act or an out-of-state |
maker, manufacturer, or fabricator holding a permit under |
Section 4b of this Act. A another person, each licensed |
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distributor or out-of-state manufacturer holding a permit |
shall apply a stamp to each pack of cigarettes imported, |
distributed, or sold whether or not such cigarettes are subject |
to State tax under Section 2 of this Act (35 ILCS 130/2) or any |
other provision of State law, provided that a distributor or |
out-of-state manufacturer may only apply a tax stamp to a pack |
of cigarettes purchased or obtained directly from a licensed |
distributor or an out-of-state manufacturer holding a permit. |
Only a licensed distributor or an out-of-state manufacturer |
holding a permit may ship or otherwise cause to be delivered |
unstamped original packages packs of cigarettes in, into, or |
from this State . A , provided that a licensed distributor or an |
out-of-state manufacturer holding a permit may transport |
unstamped original packages packs of cigarettes to a facility, |
wherever located, owned or controlled by such distributor ; |
however, a distributor may not transport unstamped original |
packages of cigarettes to a facility where retail sales of |
cigarettes take place or manufacturer . Any licensed |
distributor person that ships or otherwise causes to be |
delivered unstamped original packages packs of cigarettes |
into, within, or from this State shall ensure that the invoice |
or equivalent documentation and the bill of lading or freight |
bill for the shipment identifies the true name and address of |
the consignor cosignor or seller, the true name and address of |
the consignee cosignee or purchaser, and the quantity by brand |
style of the cigarettes so transported, provided that this |
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Section shall not be construed as to impose any requirement or |
liability upon any common or contract carrier. |
The Department, or any person authorized by the Department, |
shall
sell such stamps only to persons holding valid
licenses |
as distributors under this Act. On and after July 1, 2003, |
payment
for such stamps must be made by means of
electronic |
funds transfer. The Department may refuse to sell stamps to any
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person who does not comply
with the provisions of this Act.
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Beginning on the effective date of this amendatory Act of the |
92nd General
Assembly and through June 30, 2002, persons |
holding valid licenses as
distributors
may purchase cigarette |
tax stamps up to an amount equal to 115% of the
distributor's |
average monthly cigarette tax stamp purchases over the 12
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calendar
months prior to the effective date of this amendatory |
Act of the 92nd General
Assembly.
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Prior to December 1, 1985, the Department shall allow a |
distributor
21 days in which to make final
payment of the |
amount to be paid for such stamps, by allowing the
distributor |
to make payment for the stamps at the time of purchasing them
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with a draft which shall be in such form as the Department |
prescribes, and
which shall be payable within 21 days |
thereafter: Provided that such
distributor has filed with the |
Department, and has received the
Department's approval of, a |
bond, which is in addition to the bond required
under Section 4 |
of this Act, payable to the Department in an amount equal
to |
80% of such distributor's average monthly tax liability to
the |
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Department under this Act during the preceding calendar year or |
$500,000,
whichever is less. The Bond shall be joint and
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several and shall be in the form of a surety company bond in |
such form as
the Department prescribes, or it may be in the |
form of a bank certificate
of deposit or bank letter of credit. |
The bond shall be conditioned upon the
distributor's payment of |
amount of any 21-day draft which the Department
accepts from |
that distributor for the delivery of stamps to that
distributor |
under this Act. The distributor's failure to pay any such
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draft, when due, shall also make such distributor automatically |
liable to
the Department for a penalty equal to 25% of the |
amount of such draft.
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On and after December 1, 1985 and until July 1, 2003, the |
Department
shall allow a distributor
30 days in which to make
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final payment of the amount to be paid for such stamps, by |
allowing the
distributor to make payment for the stamps at the |
time of purchasing them
with a draft which shall be in such |
form as the Department prescribes, and
which shall be payable |
within 30 days thereafter, and beginning on January 1,
2003 and |
thereafter, the draft shall be payable by means of electronic |
funds
transfer: Provided that such
distributor has filed with |
the Department, and has received the
Department's approval of, |
a bond, which is in addition to the bond required
under Section |
4 of this Act, payable to the Department in an amount equal
to |
150% of such distributor's average monthly tax liability to the
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Department under this Act during the preceding calendar year or |
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$750,000,
whichever is less, except that as to bonds filed on |
or after January 1,
1987, such additional bond shall be in an |
amount equal to 100% of such
distributor's average monthly tax |
liability under this Act during the
preceding calendar year or |
$750,000, whichever is less. The bond shall be
joint and |
several and shall be in the form of a surety company bond in |
such
form as the Department prescribes, or it may be in the |
form of a bank
certificate of deposit or bank letter of credit.
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The bond shall be conditioned upon the distributor's payment of |
the amount
of any 30-day draft which the Department accepts |
from that distributor for
the delivery of stamps to that |
distributor under this Act. The
distributor's failure to pay |
any such draft, when due, shall also make such
distributor |
automatically liable to the Department for a penalty equal to
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25% of the amount of such draft.
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Every prior continuous compliance taxpayer shall be exempt |
from all
requirements under this Section concerning the |
furnishing of such bond, as
defined in this Section, as a |
condition precedent to his being authorized
to engage in the |
business licensed under this Act. This exemption shall
continue |
for each such taxpayer until such time as he may be determined |
by
the Department to be delinquent in the filing of any |
returns, or is
determined by the Department (either through the |
Department's issuance of a
final assessment which has become |
final under the Act, or by the taxpayer's
filing of a return |
which admits tax to be due that is not paid) to be
delinquent |
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or deficient in the paying of any tax under this Act, at which
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time that taxpayer shall become subject to the bond |
requirements of this
Section and, as a condition of being |
allowed to continue to engage in the
business licensed under |
this Act, shall be required to furnish bond to the
Department |
in such form as provided in this Section. Such taxpayer shall
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furnish such bond for a period of 2 years, after which, if the |
taxpayer has
not been delinquent in the filing of any returns, |
or delinquent or
deficient in the paying of any tax under this |
Act, the Department may
reinstate such person as a prior |
continuance compliance taxpayer. Any
taxpayer who fails to pay |
an admitted or established liability under this
Act may also be |
required to post bond or other acceptable security with the
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Department guaranteeing the payment of such admitted or |
established liability.
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Any person aggrieved by any decision of the Department |
under this
Section may, within the time allowed by law, protest |
and request a hearing,
whereupon the Department shall give |
notice and shall hold a hearing in
conformity with the |
provisions of this Act and then issue its final
administrative |
decision in the matter to such person. In the absence of
such a |
protest filed within the time allowed by law, the Department's
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decision shall become final without any further determination |
being made or
notice given.
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The Department shall discharge any surety and shall release |
and return
any bond or security deposited, assigned, pledged, |
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or otherwise provided to
it by a taxpayer under this Section |
within 30 days after:
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(1) Such taxpayer becomes a prior continuous compliance |
taxpayer; or
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(2) Such taxpayer has ceased to collect receipts on which |
he is
required to remit tax to the Department, has filed a |
final tax return, and
has paid to the Department an amount |
sufficient to discharge his remaining
tax liability as |
determined by the Department under this Act. The
Department |
shall make a final determination of the taxpayer's outstanding
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tax liability as expeditiously as possible after his final tax |
return has
been filed. If the Department cannot make such final |
determination within
45 days after receiving the final tax |
return, within such period it shall
so notify the taxpayer, |
stating its reasons therefor.
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The Department may authorize distributors to affix revenue |
tax stamps by
imprinting tax meter stamps upon original |
packages of cigarettes. The
Department shall adopt rules and |
regulations relating to the imprinting of
such tax meter stamps |
as will result in payment of the proper taxes as
herein |
imposed. No distributor may affix revenue tax stamps to |
original
packages of cigarettes by imprinting tax meter stamps |
thereon unless such
distributor has first obtained permission |
from the Department to employ
this method of affixation. The |
Department shall regulate the use of tax
meters and may, to |
assure the proper collection of the taxes imposed by
this Act, |
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revoke or suspend the privilege, theretofore granted by the
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Department to any distributor, to imprint tax meter stamps upon |
original
packages of cigarettes.
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Illinois cigarette manufacturers who place their |
cigarettes in original
packages which are contained inside a |
sealed transparent wrapper, and
similar out-of-State cigarette |
manufacturers who elect to qualify and are
accepted by the |
Department as distributors under Section 4b (a) of this Act,
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shall pay the taxes imposed by this Act by remitting the amount |
thereof to
the Department by the 5th day of each month covering |
cigarettes shipped or
otherwise delivered in Illinois to |
purchasers during the preceding calendar
month. Such |
manufacturers of cigarettes in original packages which are
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contained inside a sealed transparent wrapper, before |
delivering such
cigarettes or causing such cigarettes to be |
delivered in this State to
purchasers, shall evidence their |
obligation to remit the taxes due with
respect to such |
cigarettes by imprinting language to be prescribed by the
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Department on each original package of such cigarettes |
underneath the
sealed transparent outside wrapper of such |
original package, in such place
thereon and in such manner as |
the Department may designate. Such imprinted
language shall |
acknowledge the manufacturer's payment of or liability for
the |
tax imposed by this Act with respect to the distribution of |
such
cigarettes.
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A distributor shall not affix, or cause to be affixed, any |
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stamp or imprint
to a package of cigarettes, as provided for in |
this Section, if the tobacco
product
manufacturer, as defined |
in Section 10 of the Tobacco Product Manufacturers'
Escrow
Act, |
that made or sold the cigarettes has failed to become a |
participating
manufacturer, as defined in subdivision (a)(1) |
of Section 15 of the Tobacco
Product
Manufacturers' Escrow Act, |
or has failed to create a qualified escrow fund for
any |
cigarettes manufactured by the tobacco product manufacturer |
and sold in
this State or otherwise failed to bring itself into |
compliance with subdivision
(a)(2) of Section 15 of the Tobacco |
Product
Manufacturers' Escrow Act.
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(Source: P.A. 95-1053, eff. 1-1-10.)
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(35 ILCS 130/3-10)
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Sec. 3-10. Cigarette enforcement.
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(a) Prohibitions. It is unlawful for any person:
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(1) to sell or distribute in this State; to acquire, |
hold, own, possess,
or
transport, for sale or distribution |
in this State; or to import, or cause to be
imported into |
this State for sale or distribution in this State:
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(A) any cigarettes the package of which:
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(i) bears any statement, label, stamp, |
sticker, or notice
indicating that the |
manufacturer did not intend the cigarettes to be
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sold, distributed, or used in the United States, |
including but not
limited to labels stating "For |
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Export Only", "U.S. Tax Exempt",
"For Use Outside |
U.S.", or similar wording; or
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(ii) does not comply with:
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(aa) all requirements imposed by or |
pursuant to
federal law regarding warnings and |
other information on
packages of cigarettes |
manufactured, packaged, or imported
for sale, |
distribution, or use in the United States, |
including
but not limited to the precise |
warning labels specified in the
federal |
Cigarette Labeling and Advertising Act, 15 |
U.S.C.
1333; and
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(bb) all federal trademark and copyright |
laws;
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(B) any cigarettes imported into the United States |
in violation of
26 U.S.C. 5754 or any other federal |
law, or implementing federal
regulations;
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(C) any cigarettes that such person otherwise |
knows or has reason
to know the manufacturer did not |
intend to be sold, distributed, or used in
the United |
States; or
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(D) any cigarettes for which there has not been |
submitted to the
Secretary of the U.S. Department of |
Health and Human Services the list or
lists of the |
ingredients added to tobacco in the manufacture of the
|
cigarettes required by the federal Cigarette Labeling |
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and Advertising Act,
15 U.S.C. 1335a;
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(2) to alter the package of any cigarettes, prior to |
sale or distribution
to
the
ultimate consumer, so as to |
remove, conceal, or obscure:
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(A) any statement, label, stamp, sticker, or |
notice described in
subdivision (a)(1)(A)(i) of this |
Section;
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(B) any health warning that is not specified in, or |
does not conform
with the requirements of, the federal |
Cigarette Labeling and Advertising
Act, 15 U.S.C. |
1333; or
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(3) to affix any stamp required pursuant to this Act to |
the package of any
cigarettes described in subdivision |
(a)(1) of this Section or altered in
violation of
|
subdivision (a)(2) . ; or |
(4) to knowingly possess, or possess for sale, |
contraband cigarettes.
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(b) Documentation. On the first business day of each month, |
each person
licensed
to affix the State tax stamp to cigarettes |
shall file with the Department, for
all cigarettes
imported |
into the United States to which the person has affixed the tax |
stamp
in the
preceding month:
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(1) a copy of:
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(A) the permit issued pursuant to the Internal |
Revenue Code, 26
U.S.C. 5713, to the person importing |
the cigarettes into the United States
allowing the |
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person to import the cigarettes; and
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(B) the customs form containing, with respect to |
the cigarettes, the
internal revenue tax information |
required by the U.S. Bureau of Alcohol,
Tobacco and |
Firearms;
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(2) a statement, signed by the person under penalty of |
perjury, which shall
be treated as confidential by the |
Department and exempt from disclosure under
the Freedom of |
Information Act, identifying the brand and brand styles of |
all such
cigarettes, the quantity of each brand style of |
such cigarettes, the supplier of such
cigarettes, and the |
person or persons, if any, to whom such cigarettes have |
been
conveyed for resale; and a separate statement, signed |
by the individual under
penalty of perjury, which shall not |
be treated as confidential or exempt from
disclosure, |
separately identifying the brands and brand styles of such
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cigarettes;
and
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(3) a statement, signed by an officer of the |
manufacturer or importer
under penalty of perjury, |
certifying that the manufacturer or importer has
complied |
with:
|
(A) the package health warning and ingredient |
reporting
requirements of the federal Cigarette |
Labeling and Advertising Act, 15
U.S.C. 1333 and 1335a, |
with respect to such cigarettes; and
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(B) the provisions of Exhibit T of the Master |
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Settlement Agreement
entered in
the case of People of |
the State of Illinois v. Philip Morris, et al. (Circuit
|
Court of Cook County, No. 96-L13146), including a |
statement
indicating whether the manufacturer is, or |
is not, a participating tobacco
manufacturer within |
the meaning of Exhibit T.
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(c) Administrative sanctions.
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(1) Upon finding that a distributor or person has |
committed any of the acts
prohibited by
subsection
(a), |
knowing or having reason to know that he or she has done |
so, or has failed
to comply
with any requirement of |
subsection (b), the Department
may revoke or suspend the |
license or licenses of any
distributor pursuant to the |
procedures set forth in Section 6 and impose on the
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distributor , or on the person, a civil penalty in an amount |
not to exceed the greater of 500% of
the
retail value of |
the cigarettes involved or $5,000.
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(2) Cigarettes that are acquired, held, owned, |
possessed, transported in,
imported into, or sold or |
distributed in this State in violation of this
Section |
shall be deemed contraband under this Act and are subject |
to seizure
and forfeiture as provided in this Act, and all |
such cigarettes seized and
forfeited shall be destroyed or |
maintained and used in an undercover capacity . Such |
cigarettes shall be deemed contraband
whether the |
violation of this Section is knowing or otherwise.
|
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(d) Unfair trade practices. In addition to any other |
penalties provided for in this Act, a A violation of subsection |
(a) or subsection
(b) of this Section shall constitute an |
unlawful practice as provided in the
Consumer Fraud and |
Deceptive Business Practices Act.
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(d-1) Retailers shall not be liable under subsections |
(c)(1) and (d) of this Section for unknowingly possessing, |
selling, or distributing to consumers or users cigarettes |
identified in subsection (a)(1) of this Section if the |
cigarettes possessed, sold, or distributed by the retailer were |
obtained from a distributor licensed under this Act. |
(e) Unfair cigarette sales. For purposes of the Trademark |
Registration and
Protection Act and the Counterfeit Trademark |
Act, cigarettes imported or
reimported into the United States |
for sale or distribution under any trade
name, trade dress, or |
trademark that is the same as, or is confusingly similar
to, |
any trade name, trade dress, or trademark used for cigarettes |
manufactured
in the United States for sale or distribution in |
the United States shall be
presumed to have been purchased |
outside of the ordinary channels of trade.
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(f) General provisions.
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(1) This Section shall be enforced by the Department; |
provided that, at
the request of the Director of Revenue or |
the Director's duly authorized agent,
the State police and |
all local police authorities shall enforce the provisions
|
of this Section. The Attorney General has concurrent power |
|
with the State's
Attorney of any county to enforce this |
Section.
|
(2) For the purpose of enforcing this Section, the |
Director of Revenue and
any agency to which the Director |
has delegated enforcement
responsibility pursuant to |
subdivision (f)(1) may request information from any
State |
or local agency and may share information with and request |
information
from any federal agency and any agency of any |
other state or any local agency
of any other state.
|
(3) In addition to any other remedy provided by law, |
including
enforcement as provided in subdivision (a)(1), |
any person may bring an action
for appropriate injunctive |
or other equitable relief for a violation of this
Section; |
actual damages, if any, sustained by reason of the |
violation; and, as
determined by the court, interest on the |
damages from the date of the
complaint, taxable costs, and |
reasonable attorney's fees. If the trier of fact
finds that |
the violation is flagrant, it may increase recovery to an |
amount not
in excess of 3 times the actual damages |
sustained by reason of the violation.
|
(g) Definitions. As used in this Section:
|
"Importer" means that term as defined in 26 U.S.C. 5702(1).
|
"Package" means that term as defined in 15 U.S.C. 1332(4).
|
(h) Applicability.
|
(1) This Section does not apply to:
|
(A) cigarettes allowed to be imported or brought |
|
into the United
States for personal use; and
|
(B) cigarettes sold or intended to be sold as |
duty-free merchandise
by a duty-free sales enterprise |
in accordance with the provisions of 19
U.S.C. 1555(b) |
and any implementing regulations; except that this |
Section
shall apply to any such cigarettes that are |
brought back into the customs
territory for resale |
within the customs territory.
|
(2) The penalties provided in this Section are in |
addition to any other
penalties imposed under other |
provision of law.
|
(Source: P.A. 95-1053, eff. 1-1-10.)
|
(35 ILCS 130/4) (from Ch. 120, par. 453.4)
|
Sec. 4. Distributor's license. No person may engage in |
business as a distributor of cigarettes in this
State within |
the meaning of the first 2 definitions of distributor in
|
Section 1 of this Act without first having obtained a license |
therefor from
the Department. Application for license shall be |
made to the Department in
form as furnished and prescribed by |
the Department. Each applicant for a
license under this Section |
shall furnish to the Department on the form
signed and verified |
by the applicant under penalty of perjury the following |
information:
|
(a) The name and address of the applicant;
|
(b) The address of the location at which the applicant |
|
proposes to
engage in business as a distributor of |
cigarettes in this State;
|
(c) Such other additional information as the |
Department may lawfully
require by its rules and |
regulations.
|
The annual license fee payable to the Department for each |
distributor's
license shall be $250. The purpose of such annual |
license fee is to defray
the cost, to the Department, of
|
serializing cigarette tax stamps. Each applicant for license |
shall pay such
fee to the Department at the time of submitting |
his application for license
to the Department.
|
Every applicant who is required to procure a distributor's |
license shall
file with his application a joint and several |
bond. Such bond shall be
executed to the Department of Revenue, |
with good and sufficient surety or
sureties residing or |
licensed to do business within the State of Illinois,
in the |
amount of $2,500, conditioned upon the true and faithful |
compliance
by the licensee with all of the provisions of this |
Act. Such bond, or a
reissue thereof, or a substitute therefor, |
shall be kept in effect during
the entire period covered by the |
license. A separate application for
license shall be made, a |
separate annual license fee paid, and a separate
bond filed, |
for each place of business at which a person who is required to
|
procure a distributor's license under this Section proposes to |
engage in
business as a distributor in Illinois under this Act.
|
The following are ineligible to receive a distributor's |
|
license under
this Act:
|
(1) a person who is not of good character and |
reputation in the
community in which he resides;
|
(2) a person who has been convicted of a felony |
under any Federal or
State law, if the Department, |
after investigation and a hearing, if
requested by the |
applicant, determines that such person has not been
|
sufficiently rehabilitated to warrant the public |
trust;
|
(3) a corporation, if any officer, manager or |
director thereof, or any
stockholder or stockholders |
owning in the aggregate more than 5% of the
stock of |
such corporation, would not be eligible to receive a |
license under
this Act for any reason ; . |
(4) a person, or any person who owns more than 15 |
percent of the ownership interests in a person or a |
related party who: |
(a) owes, at the time of application, any $500 |
or more in delinquent cigarette taxes that have |
been determined by law to be due and unpaid, unless |
the license applicant has entered into an |
agreement approved by the Department to pay the |
amount due; |
(b) had a license under this Act revoked within |
the past two years by the Department for willful |
misconduct relating to stolen or contraband |
|
cigarettes or has been convicted of a State or |
federal crime, punishable by imprisonment of one |
year or more, relating to stolen or contraband |
cigarettes; |
(c) is a distributor who manufactures |
cigarettes , whether in this State or out of this |
State, and who is neither (i) a participating |
manufacturer as defined in subsection II(jj) of |
the "Master Settlement Agreement" as defined in |
Sections 10 of the Tobacco Products Manufacturers' |
Escrow Act and the Tobacco Products Manufacturers' |
Escrow Enforcement Act of 2003 (30 ILCS 168/10 and |
30 ILCS 167/10); nor (ii) in full compliance with |
Tobacco Products Manufacturers' Escrow Act and the |
Tobacco Products Manufacturers' Escrow Enforcement |
Act of 2003 (30 ILCS 168/ and 30 ILCS 167/); |
(d) has been found by the Department, after |
notice and a hearing, to have willfully imported or |
caused to be imported into the United States for |
sale or distribution any cigarette in violation of |
19 U.S.C. 1681a; |
(e) has been found by the Department, after |
notice and a hearing, to have willfully imported or |
caused to be imported into the United States for |
sale or distribution or manufactured for sale or |
distribution in the United States any cigarette |
|
that does not fully comply with the Federal |
Cigarette Labeling and Advertising Act (15 U.S.C. |
1331, et seq.); or |
(f) has been found by the Department, after |
notice and a hearing, to have willfully made a |
material false statement in the application or has |
willfully failed to produce records required to be |
maintained by this Act.
|
The Department, upon receipt of an application, license fee |
and bond in
proper form, from a person who is eligible to |
receive a distributor's
license under this Act, shall issue to |
such applicant a license in form as
prescribed by the |
Department, which license shall permit the applicant to
which |
it is issued to engage in business as a distributor at the |
place
shown in his application. All licenses issued by the |
Department under this
Act shall be valid for not to exceed one |
year after issuance unless sooner
revoked, canceled or |
suspended as provided in this Act. No license issued
under this |
Act is transferable or assignable. Such license shall be
|
conspicuously displayed in the place of business conducted by |
the licensee
in Illinois under such license. No distributor |
licensee acquires any vested interest or compensable property |
right in a license issued under this Act. |
A licensed distributor shall notify the Department of any |
change in the information contained on the application form, |
including any change in ownership and shall do so within 30 |
|
days after any such change.
|
Any person aggrieved by any decision of the Department |
under this Section
may, within 20 days after notice of the |
decision, protest and request a
hearing. Upon receiving a |
request for a hearing, the Department shall give
notice to the |
person requesting the hearing of the time and place fixed for |
the
hearing and shall hold a hearing in conformity with the |
provisions of this Act
and then issue its final administrative |
decision in the matter to that person.
In the absence of a |
protest and request for a hearing within 20 days, the
|
Department's decision shall become final without any further |
determination
being made or notice given.
|
(Source: P.A. 95-1053, eff. 1-1-10; revised 4-17-09.)
|
(35 ILCS 130/4b) (from Ch. 120, par. 453.4b)
|
Sec. 4b.
|
(a) The Department may, in its discretion, upon |
application, issue
permits authorizing the payment of the tax |
herein imposed by out-of-State
cigarette manufacturers who are |
not required to be licensed as distributors
of cigarettes in |
this State, but who elect to qualify under this Act as
|
distributors of cigarettes in this State, and who, to the |
satisfaction of
the Department, furnish adequate security to |
insure payment of the tax,
provided that any such permit shall |
extend only to cigarettes which such
permittee manufacturer |
places in original packages that are contained
inside a sealed |
|
transparent wrapper. Such permits shall be issued without
|
charge in such form as the Department may prescribe and shall |
not be
transferable or assignable.
|
The following are ineligible to receive a distributor's |
permit under
this subsection Act :
|
(1) a person who is not of good character and reputation in |
the
community in which he resides;
|
(2) a person who has been convicted of a felony under any |
Federal or
State law, if the Department, after investigation |
and a hearing, if
requested by the applicant, determines that |
such person has not been
sufficiently rehabilitated to warrant |
the public trust;
|
(3) a corporation, if any officer, manager or director |
thereof, or any
stockholder or stockholders owning in the |
aggregate more than 5% of the
stock of such corporation, would |
not be eligible to receive a permit under
this Act for any |
reason.
|
With respect to cigarettes which come within the scope of |
such a permit
and which any such permittee delivers or causes |
to be delivered in Illinois
to licensed distributors |
purchasers , such permittee shall remit the tax imposed by this |
Act at
the times provided for in Section 3 of this Act. Each |
such remittance
shall be accompanied by a return filed with the |
Department on a form to be
prescribed and furnished by the |
Department and shall disclose such
information as the |
Department may lawfully require. The Department may promulgate |
|
rules to require that the permittee's return be accompanied by |
appropriate computer-generated magnetic media supporting |
schedule data in the format prescribed by the Department, |
unless, as provided by rule, the Department grants an exception |
upon petition of the permittee. Each such return shall
be |
accompanied by a copy of each invoice rendered by the permittee |
to any
licensed distributor purchaser to whom the permittee |
delivered cigarettes of the type covered by
the permit (or |
caused cigarettes of the type covered by the permit to be
|
delivered) in Illinois during the period covered by such |
return.
|
Such permit may be suspended, canceled or revoked when, at |
any time, the
Department considers that the security given is |
inadequate, or that such
tax can more effectively be collected |
from distributors located in this
State, or whenever the |
permittee violates any provision of this Act or any
lawful rule |
or regulation issued by the Department pursuant to this Act or
|
is determined to be ineligible for a distributor's permit under |
this Act as
provided in this Section, whenever the permittee |
shall notify the
Department in writing of his desire to have |
the permit canceled. The
Department shall have the power, in |
its discretion, to issue a new permit
after such suspension, |
cancellation or revocation, except when the person
who would |
receive the permit is ineligible to receive a distributor's
|
permit under this Act.
|
All permits issued by the Department under this Act shall |
|
be valid for
not to exceed one year after issuance unless |
sooner revoked, canceled or
suspended as in this Act provided.
|
(b) Out-of-state cigarette manufacturers who are not |
required to be licensed as distributors of cigarettes in this |
State and who do not elect to obtain approval under subsection |
4b(a) to pay the tax imposed by this Act, but who elect to |
qualify under this Act as distributors of cigarettes in this |
State for purposes of shipping and delivering unstamped |
original packages of cigarettes into this State to licensed |
distributors, shall obtain a permit from the Department. These |
permits shall be issued without charge in such form as the |
Department may prescribe and shall not be transferable or |
assignable. |
The following are ineligible to receive a distributor's |
permit under this subsection: |
(1) a person who is not of good character and |
reputation in the community in which he or she resides; |
(2) a person who has been convicted of a felony under |
any federal or State law, if the Department, after |
investigation and a hearing, if requested by the applicant, |
determines that the person has not been sufficiently |
rehabilitated to warrant the public trust; and |
(3) a corporation, if any officer, manager, or director |
thereof, or any stockholder or stockholders owning in the |
aggregate more than 5% of the stock of the corporation, |
would not be eligible to receive a permit under this Act |
|
for any reason. |
With respect to original packages of cigarettes that such |
permittee delivers or causes to be delivered in Illinois and |
distributes to the public for promotional purposes without |
consideration, the permittee shall pay the tax imposed by this |
Act by remitting the amount thereof to the Department by the |
5th day of each month covering cigarettes shipped or otherwise |
delivered in Illinois for those purposes during the preceding |
calendar month. The permittee, before delivering those |
cigarettes or causing those cigarettes to be delivered in this |
State, shall evidence his or her obligation to remit the taxes |
due with respect to those cigarettes by imprinting language to |
be prescribed by the Department on each original package of |
cigarettes, in such place thereon and in such manner also to be |
prescribed by the Department. The imprinted language shall |
acknowledge the permittee's payment of or liability for the tax |
imposed by this Act with respect to the distribution of those |
cigarettes. |
With respect to cigarettes that the permittee delivers or |
causes to be delivered in Illinois to Illinois licensed |
distributors or distributed to the public for promotional |
purposes, the permittee shall, by the 5th day of each month, |
file with the Department, a report covering cigarettes shipped |
or otherwise delivered in Illinois to licensed distributors or |
distributed to the public for promotional purposes during the |
preceding calendar month on a form to be prescribed and |
|
furnished by the Department and shall disclose such other |
information as the Department may lawfully require. The |
Department may promulgate rules to require that the permittee's |
report be accompanied by appropriate computer-generated |
magnetic media supporting schedule data in the format |
prescribed by the Department, unless, as provided by rule, the |
Department grants an exception upon petition of the permittee. |
Each such report shall be accompanied by a copy of each invoice |
rendered by the permittee to any purchaser to whom the |
permittee delivered cigarettes of the type covered by the |
permit (or caused cigarettes of the type covered by the permit |
to be delivered) in Illinois during the period covered by such |
report. |
Such permit may be suspended, canceled, or revoked whenever |
the permittee violates any provision of this Act or any lawful |
rule or regulation issued by the Department pursuant to this |
Act, is determined to be ineligible for a distributor's permit |
under this Act as provided in this Section, or notifies the |
Department in writing of his or her desire to have the permit |
canceled. The Department shall have the power, in its |
discretion, to issue a new permit after such suspension, |
cancellation, or revocation, except when the person who would |
receive the permit is ineligible to receive a distributor's |
permit under this Act. |
All permits issued by the Department under this Act shall |
be valid for a period not to exceed one year after issuance |
|
unless sooner revoked, canceled, or suspended as provided in |
this Act. |
(Source: P.A. 79-387.)
|
(35 ILCS 130/4d) |
Sec. 4d. Sales of cigarettes to and by retailers. |
Transactions only with licensed distributors, out-of-state |
manufacturers holding a permit, and retailers holding a |
certificate of registration. In-state makers, manufacturers, |
and fabricators licensed as distributors under Section 4 of |
this Act and out-of-state makers, manufacturers, and |
fabricators holding permits under Section 4b of this Act may |
not sell original packages of cigarettes to retailers. A |
retailer may sell only original packages of cigarettes obtained |
from licensed distributors other than in-state makers, |
manufacturers, or fabricators licensed as distributors under |
Section 4 of this Act and out-of-state makers, manufacturers, |
or fabricators holding permits under Section 4b of this Act. A |
distributor or manufacturer may sell or distribute cigarettes |
to a person located or doing business within this State only if |
such person is a licensed distributor or a retailer holding a |
certificate of registration. A retailer may only sell |
cigarettes obtained from a licensed distributor or an |
out-of-state manufacturer holding a permit.
|
(Source: P.A. 95-1053, eff. 1-1-10.)
|
|
(35 ILCS 130/9c) (from Ch. 120, par. 453.9c)
|
(Section scheduled to be repealed on January 1, 2010)
|
Sec. 9c.
"Transporter" means any person transporting into |
or within this State original packages of cigarettes that are |
not tax stamped as required by this Act, except: |
(a) a person transporting into this State unstamped |
original packages containing a total of not more than 2,000 |
cigarettes in any single lot or shipment; |
(b) a licensed cigarette distributor under this Act; |
(c) a common carrier; |
(d) a person transporting cigarettes under federal |
internal bond or custom control that are non-tax paid under |
Chapter 52 of the Internal Revenue Code of 1954, as amended; |
(e) a person engaged in transporting cigarettes to a |
licensed distributor under the Illinois Cigarette Tax Act or |
the Illinois Cigarette Use Tax Act, or under the laws of any |
other state, and who has in his or her possession during the |
course of transporting those cigarettes a bill of lading, |
waybill, or other similar commercial document that was issued |
by or for a manufacturer of cigarettes who holds a valid permit |
as a cigarette manufacturer under Chapter 52 of the Internal |
Revenue Code of 1954, as amended, and that shows that the |
cigarettes are being transported by or at the direction of that |
manufacturer to that licensed distributor. |
Any transporter desiring to possess or acquire for |
transportation or transport upon the highways, roads, or |
|
streets of this State more than 2,000 cigarettes that are not |
contained in original packages that are Illinois tax stamped |
shall obtain a permit from the Department authorizing that |
transporter to possess or acquire for transportation or |
transport the cigarettes, and he or she shall have the permit |
in the transporting vehicle during the period of transportation |
of the cigarettes. The application for the permit shall be in |
such form and shall contain such information as may be |
prescribed by the Department. The Department may issue a permit |
for a single load or shipment or for a number of loads or |
shipments to be transported under specified conditions. |
Any cigarettes transported on the highways, roads, or |
streets of this State under conditions that violate any |
requirement of this Section, and the vehicle containing those |
cigarettes, are subject to seizure by the Department, and to |
confiscation and forfeiture in the same manner as is provided |
for in Section 18a of this Act. |
Any person who violates any requirement of this Section is |
guilty of a Class 4 felony. |
Any transporter who, with intent to defeat or evade or with |
intent to aid another to defeat or evade the tax imposed by |
this Act, at any given time, transports 40,000 or more |
cigarettes upon the highways, roads, or streets of this State |
under conditions that violate any requirement of this Section |
is guilty of a Class 3 felony. |
"Transporter" means any person transporting into or within this |
|
State
original packages of cigarettes which are not tax stamped |
as required by
this Act, except:
|
(a) A person transporting into this State unstamped |
original packages
containing a total of not more than 2000 |
cigarettes in any single lot or
shipment;
|
(b) a licensed cigarette distributor under this Act;
|
(c) a common carrier;
|
(d) a person transporting cigarettes under Federal |
internal bond or
custom control that are non-tax paid under |
Chapter 52 of the Internal
Revenue Code of 1954, as amended;
|
(e) a person engaged in transporting cigarettes to a |
cigarette dealer
who is properly licensed as a distributor |
under the Illinois Cigarette Tax
Act or the Illinois Cigarette |
Use Tax Act, or under the laws of any other
state, and who has |
in his possession during the course of transporting such
|
cigarettes a bill of lading, waybill, or other similar |
commercial document
which was issued by or for a manufacturer |
of cigarettes who holds a valid
permit as a cigarette |
manufacturer under Chapter 52, Internal Revenue Code
of 1954, |
as subsequently amended, and which shows that the cigarettes |
are
being transported by or at the direction of such |
manufacturer to such
licensed cigarette dealer.
|
Any transporter desiring to possess or acquire for |
transportation or
transport upon the highways, roads or streets |
of this State more than 2000
cigarettes which are not contained |
in original packages that are Illinois
tax stamped shall obtain |
|
a permit from the Department authorizing such
transporter to |
possess or acquire for transportation or transport the
|
cigarettes, and he shall have the permit in the transporting |
vehicle during
the period of transportation of the cigarettes. |
The application for the
permit shall be in such form and shall |
contain such information as may be
prescribed by the |
Department. The Department may issue a permit for a
single load |
or shipment or for a number of loads or shipments to be
|
transported under specified conditions.
|
Any cigarettes transported on the highways, roads or |
streets of this
State under conditions which violate any |
requirement of this Section, and
the vehicle containing such |
cigarettes, are subject to seizure by the
Department, and to |
confiscation and forfeiture in the same manner as is
provided |
for in Section 18a of this Act. Any such confiscated and |
forfeited
property shall be sold in the same manner and under |
the same conditions as
provided for in Section 21 of this Act, |
with the proceeds from any such
sale being deposited in the |
State Treasury.
|
Any person who violates any requirement of this Section is |
guilty of a
Class 4 felony.
|
Any transporter who, with intent to defeat or evade or with |
intent to
aid another to defeat or evade the tax imposed by |
this Act, at any given
time, transports 40,000 or more |
cigarettes upon the highways, roads or
streets of this State |
under conditions which violate any requirement of
this Section |
|
shall be guilty of a Class 3 felony.
|
(Source: P.A. 83-1428. Repealed by P.A. 95-1053, eff. 1-1-10.)
|
(35 ILCS 130/18) (from Ch. 120, par. 453.18)
|
Sec. 18.
Any duly authorized employee of the Department may |
arrest without
warrant any person committing in his presence a |
violation of any of the
provisions of this Act, and may without |
a search warrant inspect all cigarettes
located in any place of |
business and seize any
original packages of contraband |
cigarettes not tax stamped or tax imprinted underneath the |
sealed
transparent wrapper of such original packages in |
accordance with the
provisions of this Act and any vending |
device in which such packages may be
found, and such original |
packages or vending devices so seized shall be
subject to |
confiscation and forfeiture as hereinafter provided.
|
(Source: P.A. 82-1009.)
|
(35 ILCS 130/18a) (from Ch. 120, par. 453.18a)
|
Sec. 18a.
After seizing any original packages of |
cigarettes, or cigarette
vending devices, as provided in |
Section 18 of this Act, the Department
shall hold a hearing and |
shall determine whether such original packages of
cigarettes, |
at the time of their seizure by the Department, were contraband |
cigarettes not tax
stamped or tax imprinted underneath the |
sealed transparent wrapper of such
original packages in |
accordance with this Act , or whether such cigarette
vending |
|
devices, at the time of their seizure by the Department, |
contained
original packages of contraband cigarettes not tax |
stamped or tax imprinted underneath
the sealed transparent |
wrapper of such original packages as required by
this Act . The |
Department shall give not less than 7 days' notice of the
time |
and place of such hearing to the owner of such property if he |
is
known, and also to the person in whose possession the |
property so taken was
found, if such person is known and if |
such person in possession is not the
owner of said property. In |
case neither the owner nor the person in
possession of such |
property is known, the Department shall cause
publication of |
the time and place of such hearing to be made at least once
in |
each week for 3 weeks successively in a newspaper of general |
circulation
in the county where such hearing is to be held.
|
If, as the result of such hearing, the Department shall |
determine that
the original packages of cigarettes seized were |
at the time of seizure contraband cigarettes not
tax stamped or |
tax imprinted underneath the sealed transparent wrapper of
such |
original packages as required by this Act , or that any |
cigarette
vending device at the time of its seizure contained |
original packages of
contraband cigarettes not tax stamped or |
tax imprinted underneath the sealed
transparent wrapper of such |
original packages as required by this Act , the
Department shall |
enter an order declaring such original packages of
cigarettes |
or such cigarette vending devices confiscated and forfeited to
|
the State, and to be held by the Department for disposal by it |
|
as provided
in Section 21 of this Act. The Department shall |
give notice of such order
to the owner of such property if he |
is known, and also to the person in
whose possession the |
property so taken was found, if such person is known
and if |
such person in possession is not the owner of said property. In |
case
neither the owner nor the person in possession of such |
property is known,
the Department shall cause publication of |
such order to be made at least
once in each week for 3 weeks |
successively in a newspaper of general
circulation in the |
county where such hearing was held.
|
(Source: P.A. 76-684.)
|
(35 ILCS 130/18b) (from Ch. 120, par. 453.18b)
|
Sec. 18b. Possession of more than 100 original packages of |
contraband cigarettes; penalty. With the exception of licensed |
distributors and transporters, as defined in Section 9c of this |
Act, possessing unstamped original packages of cigarettes, and |
licensed distributors possessing original packages of |
cigarettes that bear a tax stamp of another state or taxing |
jurisdiction , anyone possessing
contraband cigarettes |
contained in original packages is which are not tax stamped as
|
required by this Act, or which are improperly tax stamped, |
shall be liable
to pay, to the Department for deposit in the |
Tax Compliance and Administration Fund State Treasury , a |
penalty of
$25 $15 for each such package of cigarettes in |
excess of 100 packages , unless reasonable cause can be |
|
established by the person upon whom the penalty is imposed. |
This penalty is in addition to the taxes imposed by this Act. |
Reasonable cause shall be determined in each situation in |
accordance with rules adopted by the Department. The provisions |
of the Uniform Penalty and Interest Act do not apply to this |
Section . Such
penalty may be recovered by the Department in a |
civil action.
|
(Source: P.A. 83-1428.)
|
(35 ILCS 130/18c)
|
Sec. 18c.
Possession of
not less than 10 and not
more than
|
100 original packages of contraband cigarettes not tax stamped |
or
improperly tax stamped ; penalty. With the exception of |
licensed distributors and transporters, as defined in Section |
9c of this Act, possessing unstamped original packages of |
cigarettes, and licensed distributors possessing original |
packages of cigarettes that bear a tax stamp of another state |
or taxing jurisdiction ,
anyone possessing
not less than 10
and |
not more than 100 packages of
contraband cigarettes contained |
in original packages that are not tax
stamped as required by |
this Act, or that are improperly tax stamped, is
liable to pay |
to the Department, for deposit into the Tax Compliance and
|
Administration Fund, a penalty of $10
for each such package of
|
cigarettes, unless reasonable cause can be established by the |
person upon whom
the penalty is imposed. Reasonable cause shall |
be determined in each situation
in accordance with rules |
|
adopted by the Department. The provisions of the Uniform |
Penalty and Interest Act do not apply to this Section.
|
(Source: P.A. 92-322, eff. 1-1-02.)
|
(35 ILCS 130/20) (from Ch. 120, par. 453.20)
|
Sec. 20. Whenever any peace officer of the State or any |
duly authorized
officer or employee of the Department shall |
have reason to believe that any
violation of this Act has |
occurred and that the person so violating the
Act has in his, |
her or its possession any original package of contraband |
cigarettes,
not tax stamped or tax imprinted underneath the |
sealed transparent wrapper
of such original package as required |
by this Act, or any vending device
containing such original |
packages of contraband cigarettes to which stamps have not been |
affixed, or
on which an authorized substitute for stamps has |
not been imprinted
underneath the sealed transparent wrapper of |
such original packages, as
required by this Act , he may file or |
cause to be filed his complaint in
writing, verified by |
affidavit, with any court within whose jurisdiction
the |
premises to be searched are situated, stating the facts upon |
which such
belief is founded, the premises to be searched, and |
the property to be
seized, and procure a search warrant and |
execute the same. Upon the
execution of such search warrant, |
the peace officer, or officer or employee
of the Department, |
executing such search warrant shall make due return
thereof to |
the court issuing the same, together with an inventory of the
|
|
property taken thereunder. The court shall thereupon issue |
process against
the owner of such property if he is known; |
otherwise, such process shall be
issued against the person in |
whose possession the property so taken is
found, if such person |
is known. In case of inability to serve such process
upon the |
owner or the person in possession of the property at the time |
of
its seizure, as hereinbefore provided, notice of the |
proceedings before the
court shall be given as required by the |
statutes of the State governing
cases of Attachment. Upon the |
return of the process duly served or upon the
posting or |
publishing of notice made, as hereinabove provided, the court |
or
jury, if a jury shall be demanded, shall proceed to |
determine whether or
not such property so seized was held or |
possessed in violation of this Act,
or whether, if a vending |
device has been so seized, it contained at the
time of its |
seizure original packages of contraband cigarettes not tax |
stamped or tax imprinted
underneath the sealed transparent |
wrapper of such original packages as
required by this Act . In |
case of a finding that the original packages
seized were |
contraband cigarettes not tax stamped or tax imprinted |
underneath the sealed
transparent wrapper of such original |
packages in accordance with the
provisions of this Act , or that |
any vending device so seized contained at
the time of its |
seizure original packages of contraband cigarettes not tax |
stamped or tax imprinted
underneath the sealed transparent |
wrapper of such original packages in
accordance with the |
|
provisions of this Act , judgment shall be entered
confiscating |
and forfeiting the property to the State and ordering its
|
delivery to the Department, and in addition thereto, the court |
shall have
power to tax and assess the costs of the |
proceedings.
|
When any original packages or any cigarette vending device |
shall have
been declared forfeited to the State by any court, |
as hereinbefore
provided, and when such confiscated and |
forfeited property shall have been
delivered to the Department, |
as provided in this Act, the said Department
shall destroy or |
maintain and use such property in an undercover capacity . The |
Department may, prior to any destruction of cigarettes, permit |
the true holder of the trademark rights in the cigarette brand |
to inspect such contraband cigarettes, in order to assist the |
Department in any investigation regarding such cigarettes.
|
(Source: P.A. 95-1053, eff. 1-1-10.)
|
(35 ILCS 130/24) (from Ch. 120, par. 453.24)
|
Sec. 24. Punishment for sale or possession of unstamped |
packages of contraband cigarettes .
|
(a) Possession or sale of 100 or less packages of |
contraband cigarettes. With the exception of licensed |
distributors or transporters, as defined in Section 9c of this |
Act, any person who has in his or her possession or sells 100 |
or less original packages of contraband cigarettes is guilty of |
a Class A misdemeanor. |
|
(b) Possession or sale of more than 100 but less than 251 |
packages of contraband cigarettes. With the exception of |
licensed distributors or transporters, as defined in Section 9c |
of this Act, any person who has in his or her possession or |
sells more than 100 but less than 251 original packages of |
contraband cigarettes is guilty of a Class A misdemeanor for a |
first offense and a Class 4 felony for each subsequent offense. |
(c) Possession or sale of more than 250 but less than 1,001 |
packages of contraband cigarettes. With the exception of |
licensed distributors or transporters, as defined in Section 9c |
of this Act, any person who has in his or her possession or |
sells more than 250 but less than 1,001 original packages of |
contraband cigarettes is guilty of a Class 4 felony. |
(d) Possession or sale of more than 1,000 packages of |
contraband cigarettes. With the exception of licensed |
distributors or transporters, as defined in Section 9c of this |
Act, any person who has in his or her possession or sells more |
than 1,000 original packages of contraband cigarettes is guilty |
of a Class 3 felony. |
(e) Any person licensed as a distributor or transporter, as |
defined in Section 9c of this Act, who has in his or her |
possession or sells 100 or less original packages of contraband |
cigarettes is guilty of a Class A misdemeanor. |
(f) Any person licensed as a distributor or transporter, as |
defined in Section 9c of this Act, who has in his or her |
possession or sells more than 100 original packages of |
|
contraband cigarettes is guilty of a Class 4 felony. |
(g) Notwithstanding subsections (e) through (f), licensed |
distributors and transporters, as defined in Section 9c of this |
Act, may possess unstamped packages of cigarettes. |
Notwithstanding subsections (e) through (f), licensed |
distributors may possess cigarettes that bear a tax stamp of |
another state or taxing jurisdiction. Notwithstanding |
subsections (e) through (f), a licensed distributor may possess |
contraband cigarettes returned to the distributor by a retailer |
if the distributor immediately conducts an inventory of the |
cigarettes being returned, the distributor and the retailer |
returning the contraband cigarettes sign the inventory, the |
distributor provides a copy of the signed inventory to the |
retailer, and the distributor retains the inventory in its |
books and records and promptly notifies the Department of |
Revenue. |
(h) Notwithstanding subsections (a) through (d) of this |
Section, a retailer unknowingly possessing contraband |
cigarettes obtained from a licensed distributor or knowingly |
possessing contraband cigarettes obtained from a licensed |
distributor is not subject to penalties under this Section if |
the retailer, within 48 hours after discovering that the |
cigarettes are contraband cigarettes, excluding Saturdays, |
Sundays, and holidays: (i) notifies the Department and the |
licensed distributor from whom the cigarettes were obtained, |
orally and in writing, that he or she possesses contraband |
|
cigarettes obtained from a licensed distributor; (ii) places |
the contraband cigarettes in one or more containers and seals |
those containers; and (iii) places on the containers the |
following or similar language: "Contraband Cigarettes. Not For |
Sale." All contraband cigarettes in the possession of a |
retailer remain subject to forfeiture under the provisions of |
this Act. |
(a) Any person other than a licensed distributor who sells,
|
offers for sale, or has in his possession with intent to sell |
or offer
for sale, more than 100 original packages, not tax
|
stamped or tax imprinted
underneath the sealed transparent |
wrapper of such original package in
accordance with this Act, |
shall be guilty of a Class 4 felony.
|
(a-5) Any person other than a licensed distributor who |
sells, offers for
sale, or has in his possession with intent to |
sell or offer for sale, 100 or
fewer original packages, not tax |
stamped or tax imprinted underneath the sealed
transparent |
wrapper of the original package in accordance with this Act,
is |
guilty of a Class A misdemeanor for the first offense and a |
Class 4 felony
for each subsequent offense.
|
(b) Any distributor who sells an original package of |
cigarettes, not
tax stamped or tax imprinted underneath the |
sealed transparent wrapper
of such original package in |
accordance with this Act, except when the
sale is made under |
such circumstances that the tax imposed by this Act
may not |
legally be levied because of the Constitution or laws of the
|
|
United States, shall be guilty of a Class 3 felony.
|
(Source: P.A. 92-322, eff. 1-1-02.)
|
(35 ILCS 130/28a new) |
Sec. 28a. If, at the time of terminating his or her |
business, any licensed distributor has on hand unused stamps, |
the distributor or his or her legal representative may, after |
Department approval, transfer or sell those unused stamps to |
another distributor licensed under this Act. The transferring |
distributor, or his or her legal representative, shall report |
to the Department in writing an intention to so sell or |
transfer the stamps and the name and address of the distributor |
to whom the sale or transfer is to be made, together with the |
total of the face amount of each denomination of stamps to be |
so sold or transferred. The Department shall approve or |
disapprove the requested transfer within 48 hours after |
receiving the report. Approval shall be deemed granted if not |
received by the distributor within 5 business days after the |
Department's receipt of the report. |
(35 ILCS 130/3-15 rep.) |
Section 10. The Cigarette Tax Act is amended by repealing |
Section 3-15. |
Section 15. The Cigarette Use Tax Act is amended by |
changing Sections 1, 3, 3-10, 4, 7, 24, 25, 25a, 25b, and 30 |
|
and by adding Section 4d as follows:
|
(35 ILCS 135/1) (from Ch. 120, par. 453.31)
|
Sec. 1. For the purpose of this Act, unless otherwise |
required by the
context:
|
"Use" means the exercise by any person of any right or |
power over
cigarettes incident to the ownership or possession |
thereof, other than the
making of a sale thereof in the course |
of engaging in a business of selling
cigarettes and shall |
include the keeping or retention of cigarettes for use , except |
that "use" does not include the use of cigarettes by a |
not-for-profit research institution conducting tests |
concerning the health effects of tobacco products, provided the |
cigarettes are not offered for resale .
|
"Brand Style" means a variety of cigarettes distinguished |
by the tobacco used, tar and nicotine content, flavoring used, |
size of the cigarette, filtration on the cigarette or |
packaging. |
"Cigarette" means any roll for smoking made wholly or in |
part of tobacco
irrespective of size or shape and whether or |
not such tobacco is flavored,
adulterated or mixed with any |
other ingredient, and the wrapper or cover of
which is made of |
paper or any other substance or material except tobacco.
|
"Contraband cigarettes" means: |
(a) cigarettes that do not bear a required tax stamp |
under this Act; |
|
(b) cigarettes for which any required federal taxes |
have not been paid; |
(c) cigarettes that bear a counterfeit tax stamp; |
(d) cigarettes that are manufactured, fabricated, |
assembled, processed, packaged, or labeled by any person |
other than (i) the owner of the trademark rights in the |
cigarette brand or (ii) a person that is directly or |
indirectly authorized by such owner; |
(e) cigarettes imported into the United States, or |
otherwise distributed, in violation of the federal |
Imported Cigarette Compliance Act of 2000 (Title IV of |
Public Law 106-476); or |
(f) cigarettes that have false manufacturing labels ; . |
(g) cigarettes identified in Section 3-10(a)(1) of |
this Act; or |
(h) cigarettes that are improperly tax stamped, |
including cigarettes that bear a tax stamp of another state |
or taxing jurisdiction. |
"Person" means any natural individual, firm, partnership, |
association,
joint stock company, joint adventure, public or |
private corporation,
however formed, limited liability |
company, or a receiver, executor,
administrator, trustee, |
guardian or other representative appointed by order of
any |
court.
|
"Department" means the Department of Revenue.
|
"Sale" means any transfer, exchange or barter in any manner |
|
or by any
means whatsoever for a consideration, and includes |
and means all sales made
by any person.
|
"Original Package" means the individual packet, box or |
other container
whatsoever used to contain and to convey |
cigarettes to the consumer.
|
"Distributor" means any and each of the following:
|
a. Any person engaged in the business of selling |
cigarettes in this
State who brings or causes to be brought |
into this State from without this
State any original |
packages of cigarettes, on which original packages there
is |
no authorized evidence underneath a sealed transparent |
wrapper showing
that the tax liability imposed by this Act |
has been paid or assumed by the
out-of-State seller of such |
cigarettes, for sale in the course of such
business.
|
b. Any person who makes, manufactures or fabricates |
cigarettes in this
State for sale, except a person who |
makes, manufactures or fabricates
cigarettes for sale to |
residents incarcerated in penal institutions or resident
|
patients or a State-operated mental health facility.
|
c. Any person who makes, manufactures or fabricates |
cigarettes outside
this State, which cigarettes are placed |
in original packages contained in
sealed transparent |
wrappers, for delivery or shipment into this State, and
who |
elects to qualify and is accepted by the Department as a |
distributor
under Section 7 of this Act.
|
"Distributor" does not include any person who transfers |
|
cigarettes to a not-for-profit
research institution that |
conducts tests concerning the
health effects of tobacco |
products and who does not offer
the cigarettes for resale.
|
"Distributor maintaining a place of business in this |
State", or any like
term, means any distributor having or |
maintaining within this State,
directly or by a subsidiary, an |
office, distribution house, sales house,
warehouse or other |
place of business, or any agent operating within this
State |
under the authority of the distributor or its subsidiary,
|
irrespective of whether such place of business or agent is |
located here
permanently or temporarily, or whether such |
distributor or subsidiary is
licensed to transact business |
within this State.
|
"Business" means any trade, occupation, activity or |
enterprise engaged
in or conducted in this State for the |
purpose of selling cigarettes.
|
"Prior Continuous Compliance Taxpayer" means any person |
who is licensed
under this Act and who, having been a licensee |
for a continuous period of 5
years, is determined by the |
Department not to have been either delinquent
or deficient in |
the payment of tax liability during that period or
otherwise in |
violation of this Act. Also, any taxpayer who has, as
verified |
by the Department, continuously complied with the
condition of |
his bond or other security under provisions of this Act of a
|
period of 5 consecutive years shall be considered to be a |
"prior
continuous compliance taxpayer". In calculating the |
|
consecutive period of
time described herein for qualification |
as a "prior continuous compliance
taxpayer", a consecutive |
period of time of qualifying compliance
immediately prior to |
the effective date of this amendatory Act of 1987 shall be
|
credited to any licensee who became licensed on or before the |
effective date
of this amendatory Act of 1987.
|
"Stamp" or "stamps" mean the indicia required to be affixed |
on a pack of cigarettes that evidence payment of the tax on |
cigarettes under Section 2 of this Act (35 ILCS 130/2), or the |
indicia used to indicate that the cigarettes are intended for a |
sale or distribution within this State that is exempt from |
State tax under any applicable provision of law . |
"Within this State" means within the exterior limits of the |
State of Illinois and includes all territory within these |
limits owned by or ceded to the United States of America. |
"Related party" means any person that is associated with |
any other person because he or she: |
(a) is an officer or director of a business; or |
(b) is legally recognized as a partner in business . ; |
or |
(c) is directly or indirectly controlled by another. |
(Source: P.A. 95-462, eff. 8-27-07; 95-1053, eff. 1-1-10.)
|
(35 ILCS 135/3) (from Ch. 120, par. 453.33)
|
Sec. 3. Stamp payment. The tax hereby imposed shall be |
collected by a
distributor
maintaining a place of business in |
|
this State or a distributor authorized
by the Department |
pursuant to Section 7 hereof to collect the tax, and the
amount |
of the tax shall be added to the price of the cigarettes sold |
by
such distributor. Collection of the tax shall be evidenced |
by a stamp or
stamps affixed to each original package of |
cigarettes or by an authorized
substitute for such stamp |
imprinted on each original package of such
cigarettes |
underneath the sealed transparent outside wrapper of such
|
original package, except as hereinafter provided. Each |
distributor who is
required or authorized to collect the tax |
herein imposed, before delivering
or causing to be delivered |
any original packages of cigarettes in this
State to any |
purchaser, shall firmly affix a proper stamp or stamps to each
|
such package, or (in the case of manufacturers of cigarettes in |
original
packages which are contained inside a sealed |
transparent wrapper) shall
imprint the required language on the |
original package of cigarettes beneath
such outside wrapper as |
hereinafter provided. Such stamp or stamps need not
be affixed |
to the original package of any cigarettes with respect to which
|
the distributor is required to affix a like stamp or stamps by |
virtue of
the Cigarette Tax Act, however, and no tax imprint |
need be placed
underneath the sealed transparent wrapper of an |
original package of
cigarettes with respect to which the |
distributor is required or authorized
to employ a like tax |
imprint by virtue of the Cigarette Tax Act.
|
No stamp or imprint may be affixed to, or made upon, any |
|
package of
cigarettes unless that package complies with all |
requirements of the federal
Cigarette Labeling and Advertising |
Act, 15 U.S.C. 1331 and following, for the
placement of labels, |
warnings, or any other information upon a package of
cigarettes |
that is sold within the United States. Under the authority of
|
Section 6, the Department shall revoke the license of any |
distributor that is
determined to have violated this paragraph.
|
A person may not affix a stamp on a package of cigarettes, |
cigarette papers,
wrappers, or tubes if that individual package |
has been marked for export
outside the United States with a |
label or notice in compliance with Section
290.185 of Title 27 |
of the Code of Federal Regulations. It is not a defense to
a |
proceeding for violation of this paragraph that the label or |
notice has been
removed, mutilated, obliterated, or altered in |
any manner.
|
Only distributors licensed under this Act and |
transporters, as defined in Section 9c of the Cigarette Tax |
Act, may possess unstamped original packages of cigarettes. |
Prior to shipment to an Illinois retailer, a stamp shall be |
applied to each original package of cigarettes sold to the |
retailer. A distributor may apply a tax stamp only to an |
original package of cigarettes purchased or obtained directly |
from an in-state maker, manufacturer, or fabricator licensed as |
a distributor under Section 4 of this Act or an out-of-state |
maker, manufacturer, or fabricator holding a permit under |
Section 7 of this Act. A licensed distributor may ship or |
|
otherwise cause to be delivered unstamped original packages of |
cigarettes in, into, or from this State. A licensed distributor |
may transport unstamped original packages of cigarettes to a |
facility, wherever located, owned or controlled by such |
distributor; however, a distributor may not transport |
unstamped original packages of cigarettes to a facility where |
retail sales of cigarettes take place. Any licensed distributor |
that ships or otherwise causes to be delivered unstamped |
original packages of cigarettes into, within, or from this |
State shall ensure that the invoice or equivalent documentation |
and the bill of lading or freight bill for the shipment |
identifies the true name and address of the consignor or |
seller, the true name and address of the consignee or |
purchaser, and the quantity by brand style of the cigarettes so |
transported, provided that this Section shall not be construed |
as to impose any requirement or liability upon any common or |
contract carrier. |
Stamps, when required hereunder, shall be purchased from |
the Department, or
any person authorized by the Department, by |
distributors. On and after July
1, 2003, payment for such |
stamps must be made by means of
electronic funds transfer. The |
Department may
refuse to sell stamps to any person who does not |
comply with the provisions
of this Act. Beginning on June 6, |
2002 and through June 30, 2002,
persons holding valid licenses |
as distributors may purchase cigarette tax
stamps up to an |
amount equal to 115% of the distributor's average monthly
|
|
cigarette tax stamp purchases over the 12 calendar months prior |
to June
6, 2002.
|
Prior to December 1, 1985, the Department shall
allow a |
distributor
21 days in which to make final
payment of the |
amount to be paid for such stamps, by allowing the
distributor |
to make payment for the stamps at the time of purchasing them
|
with a draft which shall be in such form as the Department |
prescribes, and
which shall be payable within 21 days |
thereafter: Provided that such
distributor has filed with the |
Department, and has received the
Department's approval of, a |
bond, which is in addition to the bond required
under Section 4 |
of this Act, payable to the Department in an amount equal
to |
80% of such distributor's average monthly tax liability to
the |
Department under this Act during the preceding calendar year or
|
$500,000, whichever is less. The bond shall be joint and
|
several and shall be in the form of a surety company bond in |
such form as
the Department prescribes, or it may be in the |
form of a bank certificate
of deposit or bank letter of credit. |
The bond shall be conditioned upon the
distributor's payment of |
the amount of any 21-day draft which the
Department accepts |
from that distributor for the delivery of stamps to that
|
distributor under this Act. The distributor's failure to pay |
any such
draft, when due, shall also make such distributor |
automatically liable to
the Department for a penalty equal to |
25% of the amount of such draft.
|
On and after December 1, 1985 and until July 1, 2003, the |
|
Department
shall allow a distributor
30 days in which to make
|
final payment of the amount to be paid for such stamps, by |
allowing the
distributor to make payment for the stamps at the |
time of purchasing them
with a draft which shall be in such |
form as the Department prescribes, and
which shall be payable |
within 30 days thereafter, and beginning on January 1,
2003 and |
thereafter, the draft shall be payable by means of electronic |
funds
transfer: Provided that such
distributor has filed with |
the Department, and has received the
Department's approval of, |
a bond, which is in addition to the bond required
under Section |
4 of this Act, payable to the Department in an amount equal
to |
150% of such distributor's average monthly tax liability to the
|
Department under this Act during the preceding calendar year or |
$750,000,
whichever is less, except that as to bonds filed on |
or after January 1,
1987, such additional bond shall be in an |
amount equal to 100% of such
distributor's average monthly tax |
liability under this Act during the
preceding calendar year or |
$750,000, whichever is less. The bond shall be
joint and |
several and shall be in the form of a surety company bond in |
such
form as the Department prescribes, or it may be in the |
form of a bank
certificate of deposit or bank letter of credit.
|
The bond shall be conditioned upon the distributor's payment of |
the amount
of any 30-day draft which the Department accepts |
from that distributor for
the delivery of stamps to that |
distributor under this Act. The
distributor's failure to pay |
any such draft, when due, shall also make such
distributor |
|
automatically liable to the Department for a penalty equal to
|
25% of the amount of such draft.
|
Every prior continuous compliance taxpayer shall be exempt |
from all
requirements under this Section concerning the |
furnishing of such bond, as
defined in this Section, as a |
condition precedent to his being authorized
to engage in the |
business licensed under this Act. This exemption shall
continue |
for each such taxpayer until such time as he may be determined |
by
the Department to be delinquent in the filing of any |
returns, or is
determined by the Department (either through the |
Department's issuance of a
final assessment which has become |
final under the Act, or by the taxpayer's
filing of a return |
which admits tax to be due that is not paid) to be
delinquent |
or deficient in the paying of any tax under this Act, at which
|
time that taxpayer shall become subject to the bond |
requirements of this
Section and, as a condition of being |
allowed to continue to engage in the
business licensed under |
this Act, shall be required to furnish bond to the
Department |
in such form as provided in this Section. Such taxpayer shall
|
furnish such bond for a period of 2 years, after which, if the |
taxpayer has
not been delinquent in the filing of any returns, |
or delinquent or
deficient in the paying of any tax under this |
Act, the Department may
reinstate such person as a prior |
continuance compliance taxpayer. Any
taxpayer who fails to pay |
an admitted or established liability under this
Act may also be |
required to post bond or other acceptable security with the
|
|
Department guaranteeing the payment of such admitted or |
established liability.
|
Any person aggrieved by any decision of the Department |
under this
Section may, within the time allowed by law, protest |
and request a hearing,
whereupon the Department shall give |
notice and shall hold a hearing in
conformity with the |
provisions of this Act and then issue its final
administrative |
decision in the matter to such person. In the absence of
such a |
protest filed within the time allowed by law, the Department's
|
decision shall become final without any further determination |
being made or
notice given.
|
The Department shall discharge any surety and shall release |
and return
any bond or security deposited, assigned, pledged, |
or otherwise provided to
it by a taxpayer under this Section |
within 30 days after:
|
(1) such Taxpayer becomes a prior continuous |
compliance taxpayer; or
|
(2) such taxpayer has ceased to collect receipts on |
which he is
required to remit tax to the Department, has |
filed a final tax return, and
has paid to the Department an |
amount sufficient to discharge his remaining
tax liability |
as determined by the Department under this Act. The
|
Department shall make a final determination of the |
taxpayer's outstanding
tax liability as expeditiously as |
possible after his final tax return has
been filed. If the |
Department cannot make such final determination within
45 |
|
days after receiving the final tax return, within such |
period it shall
so notify the taxpayer, stating its reasons |
therefor.
|
At the time of purchasing such stamps from the Department |
when purchase
is required by this Act, or at the time when the |
tax which he has collected
is remitted by a distributor to the |
Department without the purchase of
stamps from the Department |
when that method of remitting the tax that has
been collected |
is required or authorized by this Act, the distributor shall
be |
allowed a discount during any year commencing July 1 and ending |
the
following June 30 in accordance with the schedule set out |
hereinbelow, from
the amount to be paid by him to the |
Department for such stamps, or to be
paid by him to the |
Department on the basis of monthly remittances (as the
case may |
be), to cover the cost, to such distributor, of collecting the |
tax
herein imposed by affixing such stamps to the original |
packages of
cigarettes sold by such distributor or by placing |
tax imprints underneath
the sealed transparent wrapper of |
original packages of cigarettes sold by
such distributor (as |
the case may be): (1) Prior to December 1, 1985, a
discount |
equal to 1-2/3% of the amount of the tax up to and including |
the
first $700,000 paid hereunder by
such distributor to the |
Department during any such year; 1-1/3% of the next
$700,000 of |
tax or any part thereof, paid hereunder by such distributor to
|
the Department during any such year; 1% of the next $700,000 of |
tax, or any
part thereof, paid hereunder by such distributor to |
|
the Department during
any such year; and 2/3 of 1% of the |
amount of any additional tax paid
hereunder by such distributor |
to the Department during any such year or
(2) On and after |
December 1, 1985, a discount equal to 1.75% of the
amount of |
the tax payable under this Act up to and including the first
|
$3,000,000 paid hereunder by such distributor to the Department |
during any
such year and 1.5% of the amount of any additional |
tax paid hereunder by
such distributor to the Department during |
any such year.
|
Two or more distributors that use a common means of |
affixing revenue tax
stamps or that are owned or controlled by |
the same interests shall be
treated as a single distributor for |
the purpose of computing the discount.
|
Cigarette manufacturers who are distributors under Section |
7(a) of this Act, and who
place their cigarettes in original |
packages which are contained inside a
sealed transparent |
wrapper, shall be required to remit the tax which they
are |
required to collect under this Act to the Department by |
remitting the
amount thereof to the Department by the 5th day |
of each month, covering
cigarettes shipped or otherwise |
delivered to points in Illinois to
purchasers during the |
preceding calendar month, but a distributor need not
remit to |
the Department the tax so collected by him from purchasers |
under
this Act to the extent to which such distributor is |
required to remit the
tax imposed by the Cigarette Tax Act to |
the Department with respect to the
same cigarettes. All taxes |
|
upon cigarettes under this Act are a direct tax
upon the retail |
consumer and shall conclusively be presumed to be
precollected |
for the purpose of convenience and facility only.
Cigarette |
manufacturers that are distributors licensed under Section |
7(a) of this Act and Distributors who place their are |
manufacturers of cigarettes in original packages which
are |
contained inside a sealed transparent wrapper, before |
delivering such
cigarettes or causing such cigarettes to be |
delivered in this State to
purchasers, shall evidence their |
obligation to collect and remit the tax
due with respect to |
such cigarettes by imprinting language to be prescribed
by the |
Department on each original package of such cigarettes |
underneath
the sealed transparent outside wrapper of such |
original package, in such
place thereon and in such manner as |
the Department may prescribe; provided
(as stated |
hereinbefore) that this requirement does not apply when such
|
distributor is required or authorized by the Cigarette Tax Act |
to place the
tax imprint provided for in the last paragraph of |
Section 3 of that Act
underneath the sealed transparent wrapper |
of such original package of
cigarettes. Such imprinted language |
shall acknowledge the manufacturer's
collection and payment of |
or liability for the tax imposed by this Act with
respect to |
such cigarettes.
|
The Department shall adopt the design or designs of the tax |
stamps and
shall procure the printing of such stamps in such |
amounts and denominations
as it deems necessary to provide for |
|
the affixation of the proper amount of
tax stamps to each |
original package of cigarettes.
|
Where tax stamps are required, the Department may authorize |
distributors
to affix revenue tax stamps by imprinting tax |
meter stamps upon original
packages of cigarettes. The |
Department shall adopt rules and regulations
relating to the |
imprinting of such tax meter stamps as will result in
payment |
of the proper taxes as herein imposed. No distributor may affix
|
revenue tax stamps to original packages of cigarettes by |
imprinting meter
stamps thereon unless such distributor has |
first obtained permission from
the Department to employ this |
method of affixation. The Department shall
regulate the use of |
tax meters and may, to assure the proper collection of
the |
taxes imposed by this Act, revoke or suspend the privilege, |
theretofore
granted by the Department to any distributor, to |
imprint tax meter stamps
upon original packages of cigarettes.
|
The tax hereby imposed and not paid pursuant to this |
Section shall be
paid to the Department directly by any person |
using such cigarettes within
this State, pursuant to Section 12 |
hereof.
|
A distributor shall not affix, or cause to be affixed, any |
stamp or imprint
to a package
of cigarettes, as provided for in |
this Section, if the tobacco product
manufacturer, as defined |
in Section 10 of the Tobacco Product Manufacturers'
Escrow
Act, |
that made or sold the cigarettes has failed to become a |
participating
manufacturer, as defined in subdivision (a)(1) |
|
of Section 15 of the Tobacco
Product Manufacturers' Escrow Act, |
or has failed to create a qualified escrow
fund for any |
cigarettes manufactured by the tobacco
product manufacturer |
and sold in this State or otherwise failed to bring itself
into
|
compliance with subdivision (a)(2) of Section 15 of the Tobacco |
Product
Manufacturers' Escrow Act.
|
(Source: P.A. 92-322, eff. 1-1-02; 92-536, eff. 6-6-02;
92-737, |
eff. 7-25-02; 93-22, eff. 6-20-03.)
|
(35 ILCS 135/3-10)
|
Sec. 3-10. Cigarette enforcement.
|
(a) Prohibitions. It is unlawful for any person:
|
(1) to sell or distribute in this State; to acquire, |
hold, own, possess,
or
transport, for sale or distribution |
in this State; or to import, or cause to be
imported into |
this State for sale or distribution in this State:
|
(A) any cigarettes the package of which:
|
(i) bears any statement, label, stamp, |
sticker, or notice
indicating that the |
manufacturer did not intend the cigarettes to be
|
sold, distributed, or used in the United States, |
including but not
limited to labels stating "For |
Export Only", "U.S. Tax Exempt",
"For Use Outside |
U.S.", or similar wording; or
|
(ii) does not comply with:
|
(aa) all requirements imposed by or |
|
pursuant to
federal law regarding warnings and |
other information on
packages of cigarettes |
manufactured, packaged, or imported
for sale, |
distribution, or use in the United States, |
including
but not limited to the precise |
warning labels specified in the
federal |
Cigarette Labeling and Advertising Act, 15 |
U.S.C.
1333; and
|
(bb) all federal trademark and copyright |
laws;
|
(B) any cigarettes imported into the United States |
in violation of
26 U.S.C. 5754 or any other federal |
law, or implementing federal
regulations;
|
(C) any cigarettes that such person otherwise |
knows or has reason
to know the manufacturer did not |
intend to be sold, distributed, or used in
the United |
States; or
|
(D) any cigarettes for which there has not been |
submitted to the
Secretary of the U.S. Department of |
Health and Human Services the list or
lists of the |
ingredients added to tobacco in the manufacture of the
|
cigarettes required by the federal Cigarette Labeling |
and Advertising Act,
15 U.S.C. 1335a;
|
(2) to alter the package of any cigarettes, prior to |
sale or distribution
to
the
ultimate consumer, so as to |
remove, conceal, or obscure:
|
|
(A) any statement, label, stamp, sticker, or |
notice described in
subdivision (a)(1)(A)(i) of this |
Section;
|
(B) any health warning that is not specified in, or |
does not conform
with the requirements of, the federal |
Cigarette Labeling and Advertising
Act, 15 U.S.C. |
1333; or
|
(3) to affix any stamp required pursuant to this Act to |
the package of any
cigarettes described in subdivision |
(a)(1) of this Section or altered in
violation of
|
subdivision (a)(2) . ; or
|
(4) to knowingly possess, or possess for sale, |
contraband cigarettes. |
(b) Documentation. On the first business day of each month, |
each person
licensed
to affix the State tax stamp to cigarettes |
shall file with the Department, for
all cigarettes
imported |
into the United States to which the person has affixed the tax |
stamp
in the
preceding month:
|
(1) a copy of:
|
(A) the permit issued pursuant to the Internal |
Revenue Code, 26
U.S.C. 5713, to the person importing |
the cigarettes into the United States
allowing the |
person to import the cigarettes; and
|
(B) the customs form containing, with respect to |
the cigarettes, the
internal revenue tax information |
required by the U.S. Bureau of Alcohol,
Tobacco and |
|
Firearms;
|
(2) a statement, signed by the person under penalty of |
perjury, which shall
be treated as confidential by the |
Department and exempt from disclosure under
the Freedom of |
Information Act, identifying the brand and brand styles of |
all such
cigarettes, the quantity of each brand style of |
such cigarettes, the supplier of such
cigarettes, and the |
person or persons, if any, to whom such cigarettes have |
been
conveyed for resale; and a separate statement, signed |
by the individual under
penalty of perjury, which shall not |
be treated as confidential or exempt from
disclosure, |
separately identifying the brands and brand styles of such
|
cigarettes;
and
|
(3) a statement, signed by an officer of the |
manufacturer or importer
under penalty of perjury, |
certifying that the manufacturer or importer has
complied |
with:
|
(A) the package health warning and ingredient |
reporting
requirements of the federal Cigarette |
Labeling and Advertising Act, 15
U.S.C. 1333 and 1335a, |
with respect to such cigarettes; and
|
(B) the provisions of Exhibit T of the Master |
Settlement Agreement
entered in
the case of People of |
the State of Illinois v. Philip Morris, et al. (Circuit
|
Court of Cook County, No. 96-L13146), including a |
statement
indicating whether the manufacturer is, or |
|
is not, a participating tobacco
manufacturer within |
the meaning of Exhibit T.
|
(c) Administrative sanctions.
|
(1) Upon finding that a distributor or a person has |
committed any of the acts
prohibited by
subsection
(a), |
knowing or having reason to know that he or she has done |
so, or has failed
to comply
with any requirement of |
subsection (b), the Department may revoke or suspend
the
|
license or licenses of any
distributor pursuant to the |
procedures set forth in Section 6 and impose on the
|
distributor , or on the person, a civil penalty in an amount |
not to exceed the greater of 500% of
the
retail value of |
the cigarettes involved or $5,000.
|
(2) Cigarettes that are acquired, held, owned, |
possessed, transported in,
imported into, or sold or |
distributed in this State in violation of this
Section |
shall be deemed contraband under this Act and are subject |
to seizure
and forfeiture as provided in this Act, and all |
such cigarettes seized and
forfeited shall be destroyed or |
maintained and used in an undercover capacity . Such |
cigarettes shall be deemed contraband
whether the |
violation of this Section is knowing or otherwise.
|
(d) Unfair trade practices. In addition to any other |
penalties provided for in this Act, a A violation of subsection |
(a) or subsection
(b) of this Section shall constitute an |
unlawful practice as provided in the
Consumer Fraud and |
|
Deceptive Business Practices Act.
|
(d-1) Retailers shall not be liable under subsections |
(c)(1) and (d) of this Section for unknowingly possessing, |
selling, or distributing to consumers or users cigarettes |
identified in subsection (a)(1) of this Section if the |
cigarettes possessed, sold, or distributed by the retailer were |
obtained from a distributor licensed under this Act or the |
Cigarette Tax Act. |
(e) Unfair cigarette sales. For purposes of the Trademark |
Registration and
Protection Act and the Counterfeit Trademark |
Act, cigarettes imported or
reimported into the United States |
for sale or distribution under any trade
name, trade dress, or |
trademark that is the same as, or is confusingly similar
to, |
any trade name, trade dress, or trademark used for cigarettes |
manufactured
in the United States for sale or distribution in |
the United States shall be
presumed to have been purchased |
outside of the ordinary channels of trade.
|
(f) General provisions.
|
(1) This Section shall be enforced by the Department; |
provided that, at
the request of the Director of Revenue or |
the Director's duly authorized agent,
the State police and |
all local police authorities shall enforce the provisions
|
of this Section. The Attorney General has concurrent power |
with the State's
Attorney of any county to enforce this |
Section.
|
(2) For the purpose of enforcing this Section, the |
|
Director of Revenue and
any agency to which the Director |
has delegated enforcement
responsibility pursuant to |
subdivision (f)(1) may request information from any
State |
or local agency and may share information with and request |
information
from any federal agency and any agency of any |
other state or any local agency
of any other state.
|
(3) In addition to any other remedy provided by law, |
including
enforcement as provided in subdivision (a)(1), |
any person may bring an action
for appropriate injunctive |
or other equitable relief for a violation of this
Section; |
actual damages, if any, sustained by reason of the |
violation; and, as
determined by the court, interest on the |
damages from the date of the
complaint, taxable costs, and |
reasonable attorney's fees. If the trier of fact
finds that |
the violation is flagrant, it may increase recovery to an |
amount not
in excess of 3 times the actual damages |
sustained by reason of the violation.
|
(g) Definitions. As used in this Section:
|
"Importer" means that term as defined in 26 U.S.C. 5702(1).
|
"Package" means that term as defined in 15 U.S.C. 1332(4).
|
(h) Applicability.
|
(1) This Section does not apply to:
|
(A) cigarettes allowed to be imported or brought |
into the United
States for personal use; and
|
(B) cigarettes sold or intended to be sold as |
duty-free merchandise
by a duty-free sales enterprise |
|
in accordance with the provisions of 19
U.S.C. 1555(b) |
and any implementing regulations; except that this |
Section
shall apply to any such cigarettes that are |
brought back into the customs
territory for resale |
within the customs territory.
|
(2) The penalties provided in this Section are in |
addition to any other
penalties imposed under other |
provision of law.
|
(Source: P.A. 95-1053, eff. 1-1-10.)
|
(35 ILCS 135/4) (from Ch. 120, par. 453.34)
|
Sec. 4. Distributor's license. A distributor maintaining a |
place of business in this State, if required
to procure a |
license or allowed to obtain a permit as a distributor under
|
the Cigarette Tax Act, need not obtain an additional license or |
permit
under this Act, but shall be deemed to be sufficiently |
licensed or
registered by virtue of his being licensed or |
registered under the
Cigarette Tax Act.
|
Every distributor maintaining a place of business in this |
State, if not
required to procure a license or allowed to |
obtain a permit as a
distributor under the Cigarette Tax Act, |
shall make a verified application
to the Department (upon a |
form prescribed and furnished by the Department)
for a license |
to act as a distributor under this Act. In completing such
|
application, the applicant shall furnish such information as |
the Department
may reasonably require.
|
|
The annual license fee payable to the Department for each |
distributor's
license shall be $250. The purpose of such annual |
license fee is to defray
the cost, to the Department, of
|
serializing cigarette tax stamps. The applicant for license |
shall pay such
fee to the Department at the time of submitting |
the application for license
to the Department.
|
Such applicant shall file, with his application, a joint |
and several
bond. Such bond shall be executed to the Department |
of Revenue, with good
and sufficient surety or sureties |
residing or licensed to do business
within the State of |
Illinois, in the amount of $2,500, conditioned upon the
true |
and faithful compliance by the licensee with all of the |
provisions of
this Act. Such bond, or a reissue thereof, or a |
substitute therefor, shall
be kept in effect during the entire |
period covered by the license. A
separate application for |
license shall be made, a separate annual license
fee paid, and |
a separate bond filed, for each place of business at or from
|
which the applicant proposes to act as a distributor under this |
Act and for
which the applicant is not required to procure a |
license or allowed to
obtain a permit as a distributor under |
the Cigarette Tax Act.
|
The following are ineligible to receive a distributor's |
license under
this Act:
|
(1) a person who is not of good character and |
reputation in the
community in which he resides;
|
(2) a person who has been convicted of a felony under |
|
any Federal or
State law, if the Department, after |
investigation and a hearing, if
requested by the applicant, |
determines that such person has not been
sufficiently |
rehabilitated to warrant the public trust;
|
(3) a corporation, if any officer, manager or director |
thereof, or any
stockholder or stockholders owning in the |
aggregate more than 5% of the
stock of such corporation, |
would not be eligible to receive a license
hereunder for |
any reason ; .
|
(4) a person, or any person who owns more than 15 |
percent of the ownership interests in a person or a related |
party who: |
(a) owes, at the time of application, any $500 or |
more in delinquent cigarette taxes that have been |
determined by law to be due and unpaid, unless the |
license applicant has entered into an agreement |
approved by the Department to pay the amount due; |
(b) had a license under this Act revoked within the |
past 2 years by the Department for willful misconduct |
relating to stolen or contraband cigarettes or has been |
convicted of a State or federal crime, punishable by |
imprisonment of one year or more, relating to stolen or |
contraband cigarettes; |
(c) is a distributor who manufactures cigarettes , |
whether in this State or out of this State, and who is |
neither (i) a participating manufacturer as defined in |
|
subsection II(jj) of the "Master Settlement Agreement" |
as defined in Sections 10 of the Tobacco Products |
Manufacturers' Escrow Act and the Tobacco Products |
Manufacturers' Escrow Enforcement Act of 2003 (30 ILCS |
168/10 and 30 ILCS 167/10); nor (ii) in full compliance |
with Tobacco Products Manufacturers' Escrow Act and |
the Tobacco Products Manufacturers' Escrow Enforcement |
Act of 2003 (30 ILCS 168/ and 30 ILCS 167/); |
(d) has been found by the Department, after notice |
and a hearing, to have willfully imported or caused to |
be imported into the United States for sale or |
distribution any cigarette in violation of 19 U.S.C. |
1681a; |
(e) has been found by the Department, after notice |
and a hearing, to have willfully imported or caused to |
be imported into the United States for sale or |
distribution or manufactured for sale or distribution |
in the United States any cigarette that does not fully |
comply with the Federal Cigarette Labeling and |
Advertising Act (15 U.S.C. 1331, et seq.); or |
(f) has been found by the Department, after notice |
and a hearing, to have willfully made a material false |
statement in the application or has willfully failed to |
produce records required to be maintained by this Act. |
Upon approval of such application and bond and payment of |
the required
annual license fee, the Department shall issue a |
|
license to the applicant.
Such license shall permit the |
applicant to engage in business as a
distributor at or from the |
place shown in his application. All licenses
issued by the |
Department under this Act shall be valid for not to exceed
one |
year after issuance unless sooner revoked, canceled or |
suspended as in
this Act provided. No license issued under this |
Act is transferable or
assignable. Such license shall be |
conspicuously displayed at the place of
business for which it |
is issued.
|
No distributor licensee acquires any vested interest or |
compensable property right in a license issued under this Act. |
A licensed distributor shall notify the Department of any |
change in the information contained on the application form, |
including any change in ownership, and shall do so within 30 |
days after any such change. |
Any person aggrieved by any decision of the Department |
under this Section
may, within 20 days after notice of the |
decision, protest and request a
hearing. Upon receiving a |
request for a hearing, the Department shall give
notice to the |
person requesting the hearing of the time and place fixed for |
the
hearing and shall hold a hearing in conformity with the |
provisions of this Act
and then issue its final administrative |
decision in the matter to that person.
In the absence of a |
protest and request for a hearing within 20 days, the
|
Department's decision shall become final without any further |
determination
being made or notice given.
|
|
(Source: P.A. 95-1053, eff. 1-1-10; revised 4-17-09.)
|
(35 ILCS 135/4d new) |
Sec. 4d. Sales of cigarettes to and by retailers. In-state |
makers, manufacturers, or fabricators licensed as distributors |
under Section 4 of this Act and out-of-state makers, |
manufacturers, or fabricators holding permits under Section 7 |
of this Act may not sell original packages of cigarettes to |
retailers. A retailer may sell only original packages of |
cigarettes obtained from licensed distributors other than |
in-state makers, manufacturers, or fabricators licensed as |
distributors under Section 4 of this Act and out-of-state |
makers, manufacturers, or fabricators holding permits under |
Section 7 of this Act.
|
(35 ILCS 135/7) (from Ch. 120, par. 453.37)
|
Sec. 7. Distributor's permits. |
(a) The Department may, in its discretion, upon |
application, issue
permits authorizing the collection of the |
tax herein imposed by those
out-of-State cigarette |
manufacturers who are not required to be licensed as
|
distributors of cigarettes in this State, but who elect to |
qualify under
this Act as distributors of cigarettes in this |
State, and who, to the
satisfaction of the Department, furnish |
adequate security to insure
collection and payment of the tax, |
provided that any such permit shall
extend only to cigarettes |
|
which such permittee manufacturer places in
original packages |
that are contained inside a sealed transparent wrapper,
and |
provided that no such permit shall be issued under this Act to |
such a
manufacturer who has obtained the permit provided for in |
Section 4b (a) of the
Cigarette Tax Act. Such distributor shall |
be issued, without charge, a
permit to collect such tax in such |
manner, and subject to such reasonable
regulations and |
agreements as the Department shall prescribe. When so
|
authorized, it shall be the duty of such distributor to collect |
the tax
upon all cigarettes which he delivers (or causes to be |
delivered) within
this State to licensed distributors |
purchasers , in the same manner and subject to the same
|
requirements as a distributor maintaining a place of business |
within this
State. Such permit shall be in such form as the |
Department may prescribe
and shall not be transferable or |
assignable.
|
The following are ineligible to receive a distributor's |
permit under
this Act:
|
(1) a person who is not of good character and reputation in |
the
community in which he resides;
|
(2) a person who has been convicted of a felony under any |
Federal or
State law, if the Department, after investigation |
and a hearing, if
requested by the applicant, determines that |
such person has not been
sufficiently rehabilitated to warrant |
the public trust;
|
(3) a corporation, if any officer, manager or director |
|
thereof, or any
stockholder or stockholders owning in the |
aggregate more than 5% of the
stock of such corporation, would |
not be eligible to receive a permit under
this Act for any |
reason.
|
With respect to cigarettes which come within the scope of |
such a permit
and which any such permittee delivers or causes |
to be delivered in Illinois
to licensed distributors |
purchasers , such permittee shall collect the tax imposed by |
this Act and
shall remit such tax to the Department by the 5th |
day of each month for the
preceding calendar month. Each such |
remittance shall be accompanied by a
return filed with the |
Department on a form to be prescribed and furnished
by the |
Department and shall disclose such information as the |
Department may
lawfully require. The Department may promulgate |
rules to require that the permittee's return be accompanied by |
appropriate computer-generated magnetic media supporting |
schedule data in the format prescribed by the Department, |
unless, as provided by rule, the Department grants an exception |
upon petition of the permittee. Each such return shall be |
accompanied by a copy of each
invoice rendered by the permittee |
to any licensed distributor purchaser to whom the permittee
|
delivered cigarettes of the type covered by the permit (or |
caused
cigarettes of the type covered by the permit to be |
delivered) in Illinois
during the period covered by such |
return.
|
Such authority and permit may be suspended, canceled or |
|
revoked when, at
any time, the Department considers that the |
security given is inadequate,
or that such tax can more |
effectively be collected from the person using
such cigarettes |
in this State or through distributors located in this
State, or |
whenever the permittee violates any provision of this Act or |
any
lawful rule or regulation issued by the Department pursuant |
to this Act or
is determined to be ineligible for a |
distributor's permit under this Act as
provided in this |
Section, or whenever the permittee shall notify the
Department |
in writing of his desire to have the permit canceled. The
|
Department shall have the power, in its discretion, to issue a |
new permit
after such suspension, cancellation or revocation, |
except when the person
who would receive the permit is |
ineligible to receive a distributor's
permit under this Act.
|
All permits issued by the Department under this Act shall |
be valid for
not to exceed one year after issuance unless |
sooner revoked, canceled or
suspended as in this Act provided.
|
(b) Out-of-state cigarette manufacturers who are not |
required to be licensed as distributors of cigarettes in this |
State and who do not elect to obtain approval under subsection |
(a) to pay the tax imposed by this Act, but who elect to |
qualify under this Act as distributors of cigarettes in this |
State for purposes of shipping and delivering unstamped |
original packages of cigarettes into this State to licensed |
distributors, shall obtain a permit from the Department, |
provided that no such permit shall be issued under this |
|
subsection to a manufacturer who has obtained the permit |
provided for in Section 4b(b) of the Cigarette Tax Act. These |
permits shall be issued without charge in such form as the |
Department may prescribe and shall not be transferable or |
assignable. |
The following are ineligible to receive a distributor's |
permit under this subsection: |
(1) a person who is not of good character and |
reputation in the community in which he or she resides; |
(2) a person who has been convicted of a felony under |
any federal or State law, if the Department, after |
investigation and a hearing, if requested by the applicant, |
determines that the person has not been sufficiently |
rehabilitated to warrant the public trust; and |
(3) a corporation, if any officer, manager or director |
thereof, or any stockholder or stockholders owning in the |
aggregate more than 5% of the stock of the corporation, |
would not be eligible to receive a permit under this Act |
for any reason. |
With respect to original packages of cigarettes such |
permittee delivers or causes to be delivered in Illinois and |
distributed to the public for promotional purposes without |
consideration, the permittee shall pay the tax imposed by this |
Act by remitting the amount thereof to the Department by the |
5th day of each month covering cigarettes shipped or otherwise |
delivered in Illinois for those purposes during the preceding |
|
calendar month. The permittee, before delivering those |
cigarettes or causing those cigarettes to be delivered in this |
State, shall evidence his or her obligation to remit the taxes |
due with respect to those cigarettes by imprinting language to |
be prescribed by the Department on each original package of |
cigarettes, in such place thereon and in such manner also to be |
prescribed by the Department. The imprinted language shall |
acknowledge the permittee's payment of or liability for the tax |
imposed by this Act with respect to the distribution of those |
cigarettes. |
With respect to cigarettes such permittee delivers or |
causes to be delivered in Illinois to Illinois licensed |
distributors or distributed to the public for promotional |
purposes, the permittee shall, by the 5th day of each month, |
file with the Department, a report covering cigarettes shipped |
or otherwise delivered in Illinois to licensed distributors or |
distributed to the public for promotional purposes during the |
preceding calendar month on a form to be prescribed and |
furnished by the Department and shall disclose such other |
information as the Department may lawfully require. The |
Department may promulgate rules to require that the permittee's |
report be accompanied by appropriate computer-generated |
magnetic media supporting schedule data in the format |
prescribed by the Department, unless, as provided by rule, the |
Department grants an exception upon petition of the permittee. |
Each such report shall be accompanied by a copy of each invoice |
|
rendered by the permittee to any purchaser to whom the |
permittee delivered cigarettes of the type covered by the |
permit (or caused cigarettes of the type covered by the permit |
to be delivered) in Illinois during the period covered by such |
report. |
Such permit may be suspended, canceled, or revoked whenever |
the permittee violates any provision of this Act or any lawful |
rule or regulation issued by the Department pursuant to this |
Act, is determined to be ineligible for a distributor's permit |
under this Act as provided in this Section, or notifies the |
Department in writing of his or her desire to have the permit |
canceled. The Department shall have the power, in its |
discretion, to issue a new permit after such suspension, |
cancellation, or revocation, except when the person who would |
receive the permit is ineligible to receive a distributor's |
permit under this Act. |
All permits issued by the Department under this Act shall |
be valid for not to exceed one year after issuance unless |
sooner revoked, canceled, or suspended as in this Act provided. |
(Source: P.A. 79-387.)
|
(35 ILCS 135/24) (from Ch. 120, par. 453.54)
|
Sec. 24.
Any duly authorized employee of the Department may |
arrest without
warrant any person committing in his presence a |
violation of any of the
provisions of this Act, and may without |
a search warrant seize any
original packages of contraband |
|
cigarettes not tax stamped or tax imprinted underneath the |
sealed
transparent wrapper of such original packages in |
accordance with the
provisions of this Act and any vending |
device in which such packages may be
found, and such original |
packages or vending devices so seized shall be
subject to |
confiscation and forfeiture as hereinafter provided.
|
(Source: Laws 1953, p. 265.)
|
(35 ILCS 135/25) (from Ch. 120, par. 453.55)
|
Sec. 25.
After seizing any original packages of cigarettes, |
or cigarette
vending devices, as provided in Section 24 of this |
Act, the Department
shall hold a hearing and shall determine |
whether such original packages of
cigarettes, at the time of |
their seizure by the Department, were contraband cigarettes not |
tax
stamped or tax imprinted underneath the sealed transparent |
wrapper of such
original packages in accordance with this Act, |
or whether such cigarette
vending devices, at the time of their |
seizure by the Department, contained
original packages of |
contraband cigarettes not tax stamped or tax imprinted |
underneath
the sealed transparent wrapper of such original |
packages as required by
this Act . The Department shall give not |
less than 7 days' notice of the
time and place of such hearing |
to the owner of such property if he is
known, and also to the |
person in whose possession the property so taken was
found, if |
such person is known and if such person in possession is not |
the
owner of said property. In case neither the owner nor the |
|
person in
possession of such property is known, the Department |
shall cause
publication of the time and place of such hearing |
to be made at least once
in each week for 3 weeks successively |
in a newspaper of general circulation
in the county where such |
hearing is to be held.
|
If, as the result of such hearing, the Department shall |
determine that
the original packages of cigarettes seized were |
at the time of seizure contraband cigarettes not
tax stamped or |
tax imprinted underneath the sealed transparent wrapper of
such |
original packages as required by this Act , or that any |
cigarette
vending device at the time of its seizure contained |
original packages of
contraband cigarettes not tax stamped or |
tax imprinted underneath the sealed
transparent wrapper of such |
original packages as required by this Act , the
Department shall |
enter an order declaring such original packages of
cigarettes |
or such cigarette vending devices confiscated and forfeited to
|
the State, and to be held by the Department for disposal by it |
as provided
in Section 27 of this Act. The Department shall |
give notice of such order
to the owner of such property if he |
is known, and also to the person in
whose possession the |
property so taken was found, if such person is known
and if |
such person in possession is not the owner of said property. In |
case
neither the owner nor the person in possession of such |
property is known,
the Department shall cause publication of |
such order to be made at least
once in each week for 3 weeks |
successively in a newspaper of general
circulation in the |
|
county where such hearing was held.
|
(Source: P.A. 76-685.)
|
(35 ILCS 135/25a) (from Ch. 120, par. 453.55a)
|
Sec. 25a. Possession of more than 100 original packages of |
contraband cigarettes; penalty. With the exception of licensed |
distributors or transporters, as defined in Section 9c of the |
Cigarette Tax Act, possessing unstamped original packages of |
cigarettes, and licensed distributors possessing original |
packages of cigarettes that bear a tax stamp of another state |
or taxing jurisdiction , anyone possessing
more than 100 |
packages of contraband cigarettes contained in original |
packages is which are not tax stamped as
required by this Act, |
or which are improperly tax stamped, shall be liable
to pay, to |
the Department for deposit into in the Tax Compliance and |
Administration Fund State Treasury , a penalty of
$25 $15 for |
each such package of cigarettes in excess of 100 packages , |
unless reasonable cause can be established by the person upon |
whom the penalty is imposed. Reasonable cause shall be |
determined in each situation in accordance with rules adopted |
by the Department. The provisions of the Uniform Penalty and |
Interest Act do not apply to this Section . Such
penalty may be |
recovered by the Department in a civil action.
|
(Source: P.A. 83-1428.)
|
(35 ILCS 135/25b)
|
|
Sec. 25b.
Possession of
not less than 10 and not
more than
|
100 original packages not tax stamped or
improperly tax |
stamped; penalty. With the exception of licensed distributors |
and transporters, as defined in Section 9c of the Cigarette Tax |
Act, possessing unstamped packages of cigarettes, and licensed |
distributors possessing original packages of cigarettes that |
bear a tax stamp of another state or taxing jurisdiction ,
|
anyone possessing
not less than 10
and not more than 100 |
packages of
contraband cigarettes contained in original |
packages that are not tax
stamped as required by this Act, or |
that are improperly tax stamped, is
liable to pay to the |
Department, for deposit into the Tax Compliance and
|
Administration Fund, a penalty of $20 $10
for each such package |
of
cigarettes, unless reasonable cause can be established by |
the person upon whom
the penalty is imposed. Reasonable cause |
shall be determined in each situation
in accordance with rules |
adopted by the Department. Any person who purchases and |
possesses a total of 9 or fewer original packages of unstamped |
cigarettes per month is exempt from the penalties of this |
Section. The provisions of the Uniform Penalty and Interest Act |
do not apply to this Section.
|
(Source: P.A. 92-322, eff. 1-1-02.)
|
(35 ILCS 135/30) (from Ch. 120, par. 453.60)
|
Sec. 30. Punishment for sale or possession of unstamped |
packages of cigarettes, other than by a licensed distributor or |
|
transporter . |
(a) Possession or sale of more than 9 but less than 101 |
unstamped packages of cigarettes. With the exception of |
licensed distributors or transporters, as defined in Section 9c |
of the Cigarette Tax Act, any person who has in his or her |
possession or sells more than 9 but less than 101 original |
packages of contraband cigarettes is guilty of a Class A |
misdemeanor. |
(b) Possession or sale of more than 100 but less than 251 |
unstamped packages of cigarettes. With the exception of |
licensed distributors or transporters, as defined in Section 9c |
of the Cigarette Tax Act, any person who has in his or her |
possession or sells more than 100 but less than 251 original |
packages of contraband cigarettes is guilty of a Class A |
misdemeanor for the first offense and a Class 4 felony for each |
subsequent offense. |
(c) Possession or sale of more than 250 but less than 1,001 |
unstamped packages of cigarettes. With the exception of |
licensed distributors or transporters, as defined in Section 9c |
of the Cigarette Tax Act, any person who has in his or her |
possession or sells more than 250 but less than 1,001 original |
packages of contraband cigarettes is guilty of a Class 4 |
felony. |
(d) Possession or sale of more than 1,000 contraband |
packages of cigarettes. With the exception of licensed |
distributors or transporters, as defined in Section 9c of the |
|
Cigarette Tax Act, any person who has in his or her possession |
or sells, more than 1,000 original packages of contraband |
cigarettes is guilty of a Class 3 felony. |
(e) Any person licensed as a distributor or transporter, as |
defined in Section 9c of the Cigarette Tax Act, who has in his |
or her possession or sells 100 or less original packages of |
contraband cigarettes is guilty of a Class A misdemeanor. |
(f) Any person licensed as a distributor or transporter, as |
defined in Section 9c of the Cigarette Tax Act, who has in his |
or her possession or sells more than 100 original packages of |
contraband cigarettes is guilty of a Class 4 felony. |
(g) Notwithstanding subsections (e) through (f), licensed |
distributors and transporters, as defined in Section 9c of the |
Cigarette Tax Act, may possess unstamped packages of |
cigarettes. Notwithstanding subsections (e) through (f), |
licensed distributors may possess cigarettes that bear a tax |
stamp of another state or taxing jurisdiction. Notwithstanding |
subsections (e) through (f), a licensed distributor may possess |
contraband cigarettes returned to the distributor by a retailer |
if the distributor immediately conducts an inventory of the |
cigarettes being returned, the distributor and the retailer |
returning the contraband cigarettes sign the inventory, the |
distributor provides a copy of the signed inventory to the |
retailer, and the distributor retains the inventory in its |
books and records and promptly notifies the Department of |
Revenue. |
|
(h) Notwithstanding subsections (a) through (d) of this |
Section, a retailer unknowingly possessing contraband |
cigarettes obtained from a licensed distributor or knowingly |
possessing contraband cigarettes obtained from a licensed |
distributor is not subject to penalties under this Section if |
the retailer, within 48 hours after discovering that the |
cigarettes are contraband cigarettes, excluding Saturdays, |
Sundays, and holidays: (i) notifies the Department and the |
licensed distributor from whom the cigarettes were obtained, |
orally and in writing, that he or she possesses contraband |
cigarettes obtained from a licensed distributor; (ii) places |
the contraband cigarettes in one or more containers and seals |
those containers; and (iii) places on the containers the |
following or similar language: "Contraband Cigarettes. Not For |
Sale." All contraband cigarettes in the possession of a |
retailer remain subject to forfeiture under the provisions of |
this Act. |
Any
person other than a licensed distributor who sells,
offers |
for sale, or has in his possession with intent to sell or offer
|
for sale, more than 100 original packages, not tax
stamped or |
tax imprinted
underneath the sealed transparent wrapper of such |
original package in
accordance with this Act, shall be guilty |
of a Class 4 felony.
|
Any person other than a licensed distributor who sells, |
offers for sale, or
has in his possession with intent to sell |
or offer for sale, 100 or fewer
original packages, not tax |
|
stamped or tax imprinted underneath the sealed
transparent |
wrapper of the original package in accordance with this Act, is
|
guilty of a Class A misdemeanor for the first offense and a |
Class 4 felony
for each subsequent offense.
|
Any distributor who sells an original package of |
cigarettes, not tax
stamped or tax imprinted underneath the |
sealed transparent wrapper of
such original package in |
accordance with this Act, except when the sale
is made under |
such circumstances that the tax imposed by this Act may
not |
legally be levied because of the Constitution or laws of the |
United
States, shall be guilty of a Class 3 felony.
|
(Source: P.A. 92-322, eff. 1-1-02.)
|
(35 ILCS 135/3-15 rep.) |
Section 20. The Cigarette Use Tax Act is amended by |
repealing Section 3-15. |
Section 25. The Prevention of Cigarette Sales to Minors Act |
is amended by changing Sections 2, 5, 6, 7, 8, and 10 and by |
adding Section 33 as follows: |
(720 ILCS 678/2) |
(This Section may contain text from a Public Act with a |
delayed effective date )
|
Sec. 2. Definitions. For the purpose of this Act: |
"Cigarette", when used in this Act, means any roll for |
|
smoking made wholly or in part of tobacco irrespective of size |
or shape and whether or not the tobacco is flavored, |
adulterated, or mixed with any other ingredient, and the |
wrapper or cover of which is made of paper or any other |
substance or material except whole leaf tobacco. |
"Clear and conspicuous statement" means the statement is of |
sufficient type size to be clearly readable by the recipient of |
the communication. |
"Consumer" means an individual who acquires or seeks to |
acquire cigarettes for personal use. |
"Delivery sale" means any sale of cigarettes to a consumer |
if: |
(a) the consumer submits the order for such sale by |
means of a telephone or other method of voice transmission, |
the mails, or the Internet or other online service, or the |
seller is otherwise not in the physical presence of the |
buyer when the request for purchase or order is made; or |
(b) the cigarettes are delivered by use of a common |
carrier, private delivery
service, or the mails, or the |
seller is not in the physical presence of the buyer when |
the buyer obtains possession of the cigarettes. |
"Delivery service" means any person (other than a person |
that makes a delivery sale) who
delivers to the consumer the |
cigarettes sold in a delivery sale. |
"Department" means the Department of Revenue. |
"Government-issued identification" means a State driver's |
|
license, State identification card, passport, a military |
identification or an official naturalization or immigration |
document, such as an alien registration recipient card |
(commonly known as a "green card") or an immigrant visa. |
"Legal minimum age" means the minimum age at which an |
individual may legally purchase cigarettes within this State, |
as determined by either State or local government. |
"Mails" or "mailing" mean the shipment of cigarettes |
through the United States Postal Service. |
"Out-of-state sale" means a sale of cigarettes to a |
consumer located outside of this State where the consumer |
submits the order for such sale by means of a telephonic or |
other method of voice transmission, the mails or any other |
delivery service, facsimile transmission, or the Internet or |
other online service and where the cigarettes are delivered by |
use of the mails or other delivery service. |
"Person" means any individual, corporation, partnership, |
limited liability company, association, or other organization |
that engages in any for-profit or not-for-profit activities. |
"Shipping package" means a container in which packs or |
cartons of cigarettes are shipped in connection with a delivery |
sale. |
"Shipping documents" means bills of lading, air bills, or |
any other documents used to evidence the undertaking by a |
delivery service to deliver letters, packages, or other |
containers. |
|
"Within this State" means within the exterior limits of the |
State of Illinois and includes all territory within these |
limits owned by or ceded to the United States of America.
|
(Source: P.A. 95-1053, eff. 1-1-10.) |
(720 ILCS 678/5) |
Sec. 5. Unlawful shipment or transportation of cigarettes. |
(a) It is unlawful for any person engaged in the business |
of selling cigarettes to ship or cause to be shipped any |
cigarettes unless the person shipping the cigarettes:
|
(1) is licensed as a distributor under either
the |
Cigarette Tax Act, or the Cigarette Use Tax Act; or
|
delivers the cigarettes to a distributor licensed under |
either the Cigarette Tax Act or the Cigarette Use Tax Act; |
or |
(2) ships them to an export warehouse proprietor |
pursuant to
Chapter 52 of the Internal Revenue Code, or an |
operator of
a customs bonded warehouse pursuant to Section |
1311 or
1555 of Title 19 of the United States Code.
|
For purposes of this subsection (a), a person is a licensed |
distributor if the person's name appears on a list of licensed |
distributors published by the Illinois Department of Revenue.
|
The term cigarette has the same meaning as defined in Section 1 |
of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax |
Act.
Nothing in this Act prohibits a person licensed as a |
distributor under the Cigarette Tax Act or the Cigarette Use |
|
Tax Act from shipping or causing to be shipped any cigarettes |
to a registered retailer under the Retailers' Occupation Tax |
Act and the Cigarette Tax Act provided the cigarette tax or |
cigarette use tax has been paid.
|
(b) A common or contract carrier may transport cigarettes |
to any individual person in this State only if the carrier |
reasonably believes such cigarettes have been received from a |
person described in paragraph (a)(1). Common or contract |
carriers may make deliveries of cigarettes to licensed |
distributors described in paragraph (a)(1) of this Section. |
Nothing in this subsection (b) shall be construed to prohibit a |
person other than a common or contract carrier from |
transporting not more than 1,000 cigarettes at any one time to |
any person in this State.
|
(c) A common or contract carrier may not complete the |
delivery of any cigarettes to persons other than those |
described in paragraph (a)(1) of this Section without first |
obtaining from the purchaser an official written |
identification from any state or federal agency that displays |
the person's date of birth or a birth certificate that includes |
a reliable confirmation that the purchaser is at least 18 years |
of age; that the cigarettes purchased are not intended for |
consumption by an individual who is younger than 18 years of |
age; and a written statement signed by the purchaser that |
certifies the purchaser's address and that the purchaser is at |
least 18 years of age. The statement shall also confirm: (1) |
|
that the purchaser understands that signing another person's |
name to the certification is illegal; (2) that the sale of |
cigarettes to individuals under 18 years of age is illegal; and |
(3) that the purchase of cigarettes by individuals under 18 |
years of age is illegal under the laws of Illinois. |
(d) When a person engaged in the business of selling
|
cigarettes ships or causes to be shipped any cigarettes to any |
person in this State, other than in the cigarette |
manufacturer's or tobacco products manufacturer's original |
container or wrapping, the container or wrapping must be |
plainly and visibly marked with the word "cigarettes".
|
(e) When a peace officer of this State or any duly |
authorized officer or employee of the Illinois Department of |
Public Health or Department of Revenue discovers any cigarettes |
which have been or which are being shipped or transported in |
violation of this Section, he or she shall seize and take |
possession of the cigarettes, and the cigarettes shall be |
subject to a forfeiture action pursuant to the procedures |
provided under the Cigarette Tax Act or Cigarette Use Tax Act.
|
(Source: P.A. 95-1053, eff. 1-1-10.) |
(720 ILCS 678/6) |
(This Section may contain text from a Public Act with a |
delayed effective date )
|
Sec. 6. Prevention of delivery sales to minors. |
(a) No person shall make a delivery sale of cigarettes to |
|
any individual who is
under 18 years of the legal minimum age. |
(b) Each person accepting a purchase order for a delivery |
sale shall comply with
the provisions of this Act and all other |
laws of this State generally applicable to sales of cigarettes |
that occur entirely within this State , including, but not |
limited to, those laws imposing: (i) excise taxes; (ii) sales |
taxes; (iii) license and revenue-stamping requirements; and |
(iv) escrow payment obligations .
|
(Source: P.A. 95-1053, eff. 1-1-10.) |
(720 ILCS 678/7) |
(This Section may contain text from a Public Act with a |
delayed effective date )
|
Sec. 7. Age verification and shipping requirements to |
prevent delivery sales to minors. |
(a) No person, other than a delivery service, shall mail, |
ship, or otherwise cause to be delivered a shipping package in |
connection with a delivery sale unless the person: |
(1) prior to the first delivery sale to the prospective |
consumer, obtains
from the prospective consumer a written |
certification which includes a statement signed by the |
prospective consumer that certifies: |
(A) the prospective consumer's current address; |
and |
(B) that the prospective consumer is at least the |
legal minimum age; |
|
(2) informs, in writing, such prospective consumer |
that: |
(A) the signing of another person's name to the |
certification described in
this Section is illegal; |
(B) sales of cigarettes to individuals under 18 |
years of the legal minimum age are
illegal; |
(C) the purchase of cigarettes by individuals |
under 18 years of the legal minimum age
is illegal; and |
(D) the name and identity of the prospective |
consumer may be reported to
the state of the consumer's |
current address under the Act of October 19, 1949 (15 |
U.S.C. § 375, et seq.), commonly known as the Jenkins |
Act; |
(3) makes a good faith effort to verify the date of |
birth of the prospective
consumer provided pursuant to this |
Section by: |
(A) comparing the date of birth against a |
commercially available database ;
or |
(B) obtaining a photocopy or other image of a |
valid, government-issued
identification stating the |
date of birth or age of the prospective consumer; |
(4) provides to the prospective consumer a notice that |
meets the requirements of
subsection (b); |
(5) receives payment for the delivery sale from the |
prospective consumer by a
credit or debit card that has |
been issued in such consumer's name, or by a check or other |
|
written instrument in such consumer's name; and |
(6) ensures that the shipping package is delivered to |
the same address as is shown
on the government-issued |
identification or contained in the commercially available |
database. |
(b) The notice required under this Section shall include: |
(1) a statement that cigarette sales to consumers below |
18 years of the legal minimum age are
illegal; |
(2) a statement that sales of cigarettes are restricted |
to those consumers who
provide verifiable proof of age in |
accordance with subsection (a); |
(3) a statement that cigarette sales are subject to tax |
under Section 2 of the
Cigarette Tax Act (35 ILCS 130/2) , |
Section 2 of the Cigarette Use Tax Act, and Section 3 of |
the Use Tax Act and an explanation of how the correct such |
tax has been, or is to be, paid with respect to such |
delivery sale. |
(c) A statement meets the requirement of this Section if: |
(1) the statement is clear and conspicuous; |
(2) the statement is contained in a printed box set |
apart from the other contents of
the communication; |
(3) the statement is printed in bold, capital letters; |
(4) the statement is printed with a degree of color |
contrast between the
background and the printed statement |
that is no less than the color contrast between the |
background and the largest text used in the communication; |
|
and |
(5) for any printed material delivered by electronic |
means, the statement appears
at both the top and the bottom |
of the electronic mail message or both the top and the |
bottom of the Internet website homepage. |
(d) Each person, other than a delivery service, who mails, |
ships, or otherwise causes to be delivered a shipping package |
in connection with a delivery sale shall: |
(1) include as part of the shipping documents a clear |
and conspicuous statement
stating: "Cigarettes: Illinois |
Law Prohibits Shipping to Individuals Under 18 and Requires |
the Payment of All Applicable Taxes"; |
(2) use a method of mailing, shipping, or delivery that |
requires a signature before
the shipping package is |
released to the consumer; and |
(3) ensure that the shipping package is not delivered |
to any post office box.
|
(Source: P.A. 95-1053, eff. 1-1-10; revised 4-17-09.) |
(720 ILCS 678/8) |
(This Section may contain text from a Public Act with a |
delayed effective date )
|
Sec. 8. Registration and reporting requirements to prevent |
delivery sales to minors. |
(a) Not later than the 15th day of each month, each person |
making a delivery sale during the previous calendar month shall |
|
file a report with the Department containing the following |
information: Each person who makes a delivery sale of |
cigarettes to a consumer located within this
State shall file |
with the Department for each individual sale: |
(1) the seller's a statement setting forth such |
person's name, trade name, and the address of
such person's |
principal place of business and any other place of |
business; and |
(2) not later than the tenth day of each calendar |
month, a memorandum or copy of
the invoice for each and |
every such delivery sale made during the previous calendar |
month, which includes the following information: |
(2) (A) the name and address of the consumer to whom |
such delivery sale
was made; |
(3) (B) the brand style or brand styles of the |
cigarettes that were sold in such
delivery sale; |
(4) (C) the quantity of cigarettes that were sold in |
such delivery sale; and |
(5) (D) an indication of whether or not the cigarettes |
sold in the delivery sale
bore a tax stamp evidencing |
payment of the tax under Section 2 of the Cigarette Tax Act |
(35 ILCS 130/2) ; and . |
(6) such other information the Department may require. |
(b) Each person engaged in business within this State who |
makes an out-of-state sale
shall, for each individual sale, |
submit to the appropriate tax official of the state in which |
|
the consumer is located the information required in subsection |
(a). |
(c) Any person that satisfies the requirements of 15 U.S.C. |
Section 376 shall be deemed to
satisfy the requirements of |
subsections (a) and (b). |
(d) The Department is authorized to disclose to the |
Attorney General any information
received under this title and |
requested by the Attorney General. The Department and the |
Attorney General shall share with each other the information |
received under this title and may share the information with |
other federal, State, or local agencies for purposes of |
enforcement of this title or the laws of the federal government |
or of other states. |
(e) This Section shall not be construed to impose liability |
upon any delivery service, or
officers or employees thereof, |
when acting within the scope of business of the delivery |
service.
|
(f) The Department may establish procedures requiring |
electronic transmission of the information required by this |
Section directly to the Department on forms prescribed and |
furnished by the Department. |
(Source: P.A. 95-1053, eff. 1-1-10.) |
(720 ILCS 678/10) |
Sec. 10. Violation. |
(a) A person who violates subsection (a), (b), or (c) of |
|
Section 5 or Section 6, 7, 8, or 9 is guilty of a Class A |
misdemeanor. A second or subsequent violation of subsection |
(a), (b), or (c) of Section 5 or Section 6, 7, 8, or 9 is a |
Class 4 felony.
|
(b) The Department of Revenue shall impose a civil penalty |
not to exceed $5,000 on any person who violates subsection (a), |
(b), or (c) of Section 5 or Section 6, 7, 8, or 9. The |
Department of Revenue shall impose a civil penalty not to |
exceed $5,000 on any person engaged in the business of selling |
cigarettes who ships or causes to be shipped any such |
cigarettes to any person in this State in violation of |
subsection (d) of Section 5.
Civil penalties imposed and |
collected by the Department shall be deposited into the Tax |
Compliance and Administration Fund. |
(c) All cigarettes sold or attempted to be sold in a |
delivery sale that does not meet the requirements of this Act |
shall be forfeited to the State. All cigarettes forfeited to |
this State under this Act shall be destroyed or maintained and |
used in an undercover capacity . The Department may, prior to |
any destruction of cigarettes, permit the true holder of the |
trademark rights in the cigarette brand to inspect such |
contraband cigarettes, in order to assist the Department in any |
investigation regarding such cigarettes. |
(d) Any person aggrieved by any decision of the Department |
of Revenue may, within 60 days after notice of that decision, |
protest in writing and request a hearing. The Department of |
|
Revenue shall give notice to the person of the time and place |
for the hearing and shall hold a hearing before it issues a |
final administrative decision. Absent a written protest within |
60 days, the Department's decision shall become final without |
any further determination made or notice given.
|
(e) The penalties provided for in this Section are in |
addition to any other penalties provided for by law. |
(Source: P.A. 95-1053, eff. 1-1-10.) |
(720 ILCS 678/33 new) |
Sec. 33. Rulemaking. The Department may adopt rules to |
implement and administer this Act. |
Section 90. "An Act concerning revenue", approved April 10, |
2009, Public Act 95-1053, is amended by changing Section 10 as |
follows:
|
(P.A. 95-1053, Sec. 10)
|
Sec. 10.
The Cigarette Tax Act is amended by repealing |
Section Sections 9c and 28.
|
(Source: P.A. 95-1053, eff. 1-1-10.)
|
Section 99. Effective date. This Act takes effect January |
1, 2010, except that Sections 90 and 99 take effect upon |
becoming law. |