HB4302ham001 93RD GENERAL ASSEMBLY

Human Services Committee

Adopted in House Comm. on Mar 04, 2004

09300HB4302ham001 LRB093 18119 RLC 47476 a

AMENDMENT TO HOUSE BILL 4302

AMENDMENT NO. ______. Amend House Bill 4302 by replacing everything after the enacting clause with the following:

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

Section 5. Definitions. In this Act:

"Age restricted area" means an enclosed designated area in a retail establishment that is directly visible to the cashier, separated from the other areas of the establishment, with a single separate entrance through which no one under 18 years of age is allowed to enter.

"Tobacco product" means a cigar, loose tobacco, cigarette, packs of cigarettes, or smokeless tobacco, excluding cartons of cigarettes.

"Smokeless tobacco" means any tobacco product that is suitable for dipping or chewing.

Section 10. Tobacco product displays.

(a) It is unlawful to sell, offer for sale, give away, or display tobacco products for sale at any location unless the tobacco products are displayed from behind a sales or service counter or in an age restricted area of a retail establishment or in an enclosed display case so that a consumer cannot access tobacco products without the assistance of an employee of the retail establishment authorized to sell tobacco products. At the entrance of the age restricted area shall be posted a legible sign at least 12 inches high by 12 inches wide stating:

"Age Restricted Area. No One Under the Age of 18 Permitted to Enter."

(b) The restrictions described in subsection (a) 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; and (iii) posts a sign on the main entrance way stating that persons under the age of 18 are prohibited from entering.

(c) A minor under 18 years of age may not sell any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms at a retail establishment. This subsection (c) does not apply to a sales clerk in a family-owned business that can prove that the sales clerk is the son or daughter of the owner.

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.".