SB2546 Enrolled LRB095 17545 RLC 43619 b

1     AN ACT concerning criminal law.
 
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 by
5 changing Section 1 as follows:
 
6     (720 ILCS 675/1)  (from Ch. 23, par. 2357)
7     Sec. 1. Prohibition on sale of tobacco to minors; use of
8 identification cards; vending machines; lunch wagons;
9 out-of-package sales.
10     (a) No minor under 18 years of age shall buy any cigar,
11 cigarette, smokeless tobacco or tobacco in any of its forms. No
12 person shall sell, buy for, distribute samples of or furnish
13 any cigar, cigarette, smokeless tobacco or tobacco in any of
14 its forms, to any minor under 18 years of age.
15     (a-5) No minor under 16 years of age may sell any cigar,
16 cigarette, smokeless tobacco, or tobacco in any of its forms at
17 a retail establishment selling tobacco products. This
18 subsection does not apply to a sales clerk in a family-owned
19 business which can prove that the sales clerk is in fact a son
20 or daughter of the owner.
21     (a-6) No minor under 18 years of age in the furtherance or
22 facilitation of obtaining any cigar, cigarette, smokeless
23 tobacco, or tobacco in any of its forms shall display or use a

 

 

SB2546 Enrolled - 2 - LRB095 17545 RLC 43619 b

1 false or forged identification card or transfer, alter, or
2 deface an identification card.
3     For the purpose of this Section, "smokeless tobacco" means
4 any tobacco products that are suitable for dipping or chewing.
5     (b) Tobacco products listed above may be sold through a
6 vending machine only if such tobacco products are not placed
7 together with any non-tobacco product, other than matches, in
8 the vending machine and the vending machine is in any of the
9 following locations:
10         (1) (Blank) Factories, businesses, offices, private
11     clubs, and other places not open to the general public.
12         (2) Places to which minors under 18 years of age are
13     not permitted access.
14         (3) Places where alcoholic beverages are sold and
15     consumed on the premises and vending machine operation is
16     under the direct supervision of the owner or manager.
17         (4) (Blank) Places where the vending machine is under
18     the direct supervision of the owner of the establishment or
19     an employee over 18 years of age. The sale of tobacco
20     products from a vending machine under direct supervision of
21     the owner or an employee of the establishment is considered
22     a sale of tobacco products by that person. As used in this
23     subdivision, "direct supervision" means that the owner or
24     employee has an unimpeded line of sight to the vending
25     machine.
26          (5) Places where the vending machine can only be

 

 

SB2546 Enrolled - 3 - LRB095 17545 RLC 43619 b

1     operated by the owner or an employee over age 18 either
2     directly or through a remote control device if the device
3     is inaccessible to all customers.
4     (c) The sale or distribution at no charge of cigarettes
5 from a lunch wagon engaging in any sales activity within 1,000
6 feet of any public or private elementary or secondary school
7 grounds is prohibited.
8     For the purpose of this Section, "lunch wagon" means a
9 mobile vehicle designed and constructed to transport food and
10 from which food is sold to the general public.
11     (d) The sale or distribution by any person of a tobacco
12 product listed above, including but not limited to a single or
13 loose cigarette, that is not contained within a sealed
14 container, pack, or package as provided by the manufacturer,
15 which container, pack, or package bears the health warning
16 required by federal law, is prohibited.
17 (Source: P.A. 93-284, eff. 1-1-04; 93-886, eff. 1-1-05.)