Rep. Sonya M. Harper
Filed: 3/24/2017
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 3809 




2    AMENDMENT NO. ______. Amend House Bill 3809 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The Display of
Tobacco Products Act is amended  
5by changing Sections 5 and  10 as follows:
 
6    (720 ILCS 677/5)
7    Sec. 5. Definitions.  In this Act:


8    "Alternative nicotine product" has the meaning ascribed to 
9it in Section 1.5 of the Prevention of Tobacco Use by Minors 
10and Sale and Distribution of Tobacco Products Act. 
11    "Line of sight" means visible to a cashier or other 
12employee.

13    "Age restricted area" means a signed designated area in a 
14retail establishment to which minors under 18 years of age are 
15not permitted access unless accompanied by a parent or legal 
16guardian.
 
 
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1    "Candy" means a preparation of sugar, honey, or other 
2natural or artificial sweeteners in combination with 
3chocolate, fruits, nuts, or other ingredients or flavorings in 
4the form of bars, drops, or pieces.  "Candy" does not include 
5any preparation that contains flour or requires refrigeration. 
6    "Tobacco product" has the meaning ascribed to it in Section 
71 of the Prevention of Tobacco Use by Minors and Sale and 
8Distribution of Tobacco Products Act. 

9(Source: P.A. 98-983, eff. 1-1-15.)
 
10    (720 ILCS 677/10)
11    Sec. 10. Tobacco product displays.  All tobacco single 
12packs of cigarettes and alternative nicotine products must be 
13sold from behind the counter or in an age restricted area or in 
14a sealed display case.  Candy may not be displayed within 5 feet 
15of any tobacco products, alternative nicotine products, or any 
16advertisements or labels of those products. Any other tobacco 
17products must be sold in line of sight.

18    The restrictions described in this Section do not apply to 
19a
retail tobacco store that (i) derives at least 90% of its 
20revenue from tobacco
and tobacco related products; (ii) does 
21not permit persons under the age of 18
to enter the premises 
22unless accompanied by a parent or legal guardian; and (iii) 
23posts a sign on the main entrance way stating
that persons 
24under the age of 18 are prohibited from entering unless 
25accompanied by a parent or legal guardian.



 
 
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1(Source: P.A. 98-983, eff. 1-1-15.)
  
 
2    Section 99. Effective date. This Act takes effect upon 
3becoming law.".