093_HB1548

 
                                     LRB093 09149 MBS 09381 b

 1        AN ACT concerning minors.

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

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

 7        (720 ILCS 675/Act title)
 8        An  Act  to  prevent  the use or possession of tobacco by
 9    minors prohibit minors from buying or selling tobacco in  any
10    of  its  forms,  to  prohibit  selling,  giving or furnishing
11    tobacco, in any  of  its  forms,  to  minors,  and  providing
12    penalties therefor.

13        (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
14        Sec.  0.01.   Short  title.  This Act may be cited as the
15    Prevention of Tobacco Use by Sale of Tobacco to Minors Act.
16    (Source: P.A. 86-1324.)

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

25        (720 ILCS 675/2) (from Ch. 23, par. 2358)
26        Sec. 2.  Any person who violates Section 1 any  provision
27    of  this  Act  is guilty of a petty offense and for the first
28    offense shall be fined $200, $400 for the second offense in a
29    12-month period, and $600 for the  third  or  any  subsequent
30    offense  in  a  12-month period. In addition to or instead of
31    any other penalty imposed for a violation  of  Section  1  of
32    this  Act,  the  court may impose a term of up to 25 hours of
33    community service for the first offense, a term of up  to  30
 
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 1    hours  of  community  service  for  the  second  offense in a
 2    12-month period, and a term of up to 50  hours  of  community
 3    service for the third or any subsequent offense in a 12-month
 4    period.   One-half  of each fine collected under this Section
 5    shall be distributed to the unit of local government or other
 6    entity that successfully prosecuted the offender and one-half
 7    shall be remitted to the State to be used for enforcing  this
 8    Act.
 9    (Source: P.A. 88-418.)