Public Act 093-0886
 		





HB4302 Enrolled
LRB093 18119 RLC 43807 b






    AN ACT in relation to tobacco products. 

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


 
    Section 1. Short title.  This Act may be cited as the 
Display of
Tobacco Products Act.



 
    Section 5. Definitions.  In this Act:


    "Line of sight" means visible to a cashier or other 
employee.

    "Age restricted area" means a signed designated area in a 
retail establishment to which minors under 18 years of age are 
not permitted access unless accompanied by a parent or legal 
guardian.

 
    Section 10. Tobacco product displays.  All single packs of 
cigarettes must be sold from behind the counter or in an age 
restricted area or in a sealed display case.  Any other tobacco 
products must be sold in line of sight.

    The restrictions described in this Section do not apply to 
a
retail tobacco store that (i) derives at least 90% of its 
revenue from tobacco
and tobacco related products; (ii) does 
not permit persons under the age of 18
to enter the premises 
unless accompanied by a parent or legal guardian; and (iii) 
posts a sign on the main entrance way stating
that persons 
under the age of 18 are prohibited from entering unless 
accompanied by a parent or legal guardian.



 
    Section 15. Vending machines.  This Act does not prohibit 
the sale
of tobacco products from vending machines if the 
location of the
vending machines are in compliance with the 
provisions of Section 1 of
the Sale of Tobacco to Minors Act.



 
    Section 20. Sentence.  A violation of this Act is a petty 
offense for which
the court shall impose a fine of not less 
than $100 nor more than $1,000.

 
    Section 105. The Sale of Tobacco to Minors Act is amended  
by changing Section 1 as follows:
 



    (720 ILCS 675/1)  (from Ch. 23, par. 2357)


    Sec. 1. Prohibition on sale of tobacco to minors; vending 
machines; lunch
wagons.

    (a) No minor under 18 years of age shall buy any cigar,

cigarette,
smokeless tobacco or tobacco in any of its forms. No 
person shall sell, buy
for, distribute samples of or furnish 
any cigar, cigarette, smokeless tobacco
or tobacco in any of 
its forms, to any minor under 18 years of age. 
    (a-5) No minor under 16 years of
age may sell any cigar, 
cigarette, smokeless tobacco, or tobacco in any of its
forms at 
a retail
establishment selling  tobacco products.  This 
subsection does not apply
to a sales clerk in a family-owned 
business which can prove that the sales
clerk
is in fact a son 
or daughter of the owner.


    For the purpose of this Section, "smokeless tobacco" means 
any tobacco
products that are suitable for dipping or chewing.

    (b) Tobacco products listed above may be sold through a 
vending machine
only in
the following locations:


        (1) Factories, businesses, offices, private clubs, and 
    other places not
open to the general public.


        (2) Places to which minors under 18 years of age are 
    not permitted access.


        (3) Places where alcoholic beverages are sold and 
    consumed on the
premises.


        (4) Places where the vending machine is under the 
    direct supervision of
the owner of the establishment or an 
    employee over 18 years of age.  The sale
of tobacco products 
    from a vending machine under direct supervision of the

    owner or an employee of the establishment is considered a 
    sale of tobacco
products by that person.  As used in this 
    subdivision, "direct supervision"
means that the owner or 
    employee has an unimpeded line of sight to the vending

    machine.


        (5) Places where the vending machine can only be 
    operated by the owner or
an employee over age 18 either 
    directly or through a remote control device if
the device 
    is inaccessible to all customers.

    (c) The sale or distribution at no charge of cigarettes 
from a lunch wagon
engaging in any sales activity within 1,000 
feet of any public or private
elementary or secondary school 
grounds is prohibited.

    For the purpose of this Section, "lunch wagon" means a 
mobile vehicle
designed and constructed to transport food and 
from which food is sold to the
general public.

(Source: P.A. 93-284, eff. 1-1-04.)



 
    Section 999. Effective date. This Act takes effect January 
1, 2005.