Full Text of HB1296 94th General Assembly
HB1296ham001 94TH GENERAL ASSEMBLY
|
Human Services Committee
Filed: 3/2/2005
|
|
09400HB1296ham001 |
|
LRB094 07517 LJB 42595 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 1296
| 2 |
| AMENDMENT NO. ______. Amend House Bill 1296 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 1. Short title. This Act may be cited as the | 5 |
| Tobacco Control Act. | 6 |
| Section 5. Definitions. The following words and phrases, | 7 |
| whenever used in this Act, have the meanings defined in this | 8 |
| Section unless the context clearly requires otherwise: | 9 |
| "Commission" means the Illinois Liquor Control Commission. | 10 |
| "Person" means any natural person, partnership, | 11 |
| cooperative association, private corporation, personal | 12 |
| representative, receiver, trustee, assignee, or any other | 13 |
| legal entity. | 14 |
| "Retailer" means any person who sells tobacco products to | 15 |
| individuals for personal consumption or who operates a facility | 16 |
| containing vending machines that dispense tobacco products or | 17 |
| self-service displays of tobacco products. | 18 |
| "Smoking" means possessing a lighted tobacco product, | 19 |
| tobacco paraphernalia, or any other weed or plant, including, | 20 |
| but not limited to, a lighted pipe, lighted cigar, or lighted | 21 |
| cigarette of any kind, or the lighting of a tobacco product, | 22 |
| tobacco paraphernalia, or any other weed or plant, including, | 23 |
| but not limited to, a pipe, cigar, or cigarette of any kind. | 24 |
| "Tobacco paraphernalia" means cigarette papers or |
|
|
|
09400HB1296ham001 |
- 2 - |
LRB094 07517 LJB 42595 a |
|
| 1 |
| wrappers, pipes, holders of smoking materials of all types, | 2 |
| cigarette rolling machines, and any other item designed for the | 3 |
| smoking, preparation, storing, or consumption of tobacco | 4 |
| products. | 5 |
| "Tobacco product" means (i) any substance containing | 6 |
| tobacco leaf, including, but not limited to, cigarettes, | 7 |
| cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, | 8 |
| bidis, or any other preparation of tobacco and (ii) any product | 9 |
| or formulation of matter containing biologically active | 10 |
| amounts of nicotine that is manufactured, sold, offered for | 11 |
| sale, or otherwise distributed with the expectation that the | 12 |
| product or matter will be introduced into the human body, but | 13 |
| does not include any product specifically approved by the | 14 |
| federal Food and Drug Administration for use in treating | 15 |
| nicotine or tobacco product dependence. | 16 |
| "Vending machine" means a machine, appliance, or other | 17 |
| mechanical device operated by currency, token, debit card, or | 18 |
| credit card that is designed or used for vending purposes, | 19 |
| including, but not limited to, machines or devices that use | 20 |
| remote control locking mechanisms. | 21 |
| Section 10. Tobacco retailer license required. | 22 |
| (a) It shall be unlawful for any person to act as a tobacco | 23 |
| retailer without first obtaining and maintaining a valid | 24 |
| tobacco retailer's license pursuant to this Act for each | 25 |
| location at which that retail activity is to occur. | 26 |
| (b) A retailer without a valid tobacco retailer's license, | 27 |
| including, but not limited to, a revoked license, shall: | 28 |
| (1) keep all tobacco products and tobacco | 29 |
| paraphernalia from public view; and | 30 |
| (2) not display any advertisement relating to tobacco | 31 |
| products or tobacco paraphernalia that promotes the sale or | 32 |
| distribution of the products from the retailer's location | 33 |
| or that would lead a reasonable consumer to believe that |
|
|
|
09400HB1296ham001 |
- 3 - |
LRB094 07517 LJB 42595 a |
|
| 1 |
| the products can be obtained at the retailer's location. | 2 |
| (c) Nothing in this Act shall be construed to grant any | 3 |
| person obtaining and maintaining a tobacco retailer's license | 4 |
| any status or right other than the right to act as a retailer | 5 |
| at the location identified on the face of the license. | 6 |
| (d) Any retailer that sells tobacco products without a | 7 |
| tobacco retailer's license shall be subject to the fines and | 8 |
| penalties in Section 50 of this Act. | 9 |
| Section 15. Prohibitions concerning sales of tobacco | 10 |
| products. | 11 |
| (a) No license may be issued to authorize retailing at | 12 |
| other than a fixed location. | 13 |
| (b) No retailer may sell or distribute tobacco products to | 14 |
| any person under 18 years of age. Violations of this subsection | 15 |
| (b) are subject to the penalties contained in the Sale of | 16 |
| Tobacco to Minors Act. | 17 |
| (c) No retailer may break or otherwise open any cigarette | 18 |
| or smokeless tobacco package to sell or distribute individual | 19 |
| cigarettes or a number of unpackaged cigarettes that is smaller | 20 |
| than the minimum cigarette package size of 20 cigarettes or any | 21 |
| quantity of cigarette tobacco or smokeless tobacco that is | 22 |
| smaller than the smallest package distributed by the | 23 |
| manufacturer for individual consumer use. | 24 |
| (d) No person shall give away, barter, exchange, distribute | 25 |
| or in any way dispense free of charge or at nominal cost any | 26 |
| tobacco product samples or any coupon redeemable for any | 27 |
| tobacco products on any public street, alley, or sidewalk, in | 28 |
| any public park, ground, or playground, in areas open to the | 29 |
| public, in any publicly owned or operated building, or at any | 30 |
| place located within 100 feet of any building or other location | 31 |
| used primarily as a school, child care facility, or for the | 32 |
| education or recreation of children under 18 years of age. | 33 |
| (e) Any retailer that sells or distributes tobacco products |
|
|
|
09400HB1296ham001 |
- 4 - |
LRB094 07517 LJB 42595 a |
|
| 1 |
| through a vending machine pursuant to the Sale of Tobacco to | 2 |
| Minors Act shall obtain a tobacco retailer's license from the | 3 |
| Commission. | 4 |
| Section 20. Application procedure. The Commission shall | 5 |
| adopt rules governing the application procedure for retail | 6 |
| tobacco licenses and the issuance of a license and any other | 7 |
| rules necessary for the administration and enforcement of this | 8 |
| Act. | 9 |
| Section 25. Fee for licenses. The fee to issue or to renew | 10 |
| a tobacco retailer's license shall be established by the | 11 |
| Commission. The fee shall be calculated so as to recover the | 12 |
| total cost of both license administration and license | 13 |
| enforcement. All fees shall be used exclusively to fund the | 14 |
| administration and enforcement of licenses. Fees are | 15 |
| nonrefundable except as may be required by law. | 16 |
| Section 30. License violations; compliance checks. | 17 |
| (a) It shall be a violation of a tobacco retailer's license | 18 |
| for a licensee, including his or her agent or employee, to | 19 |
| violate any of the following laws: | 20 |
| (1) any local, State, or federal tobacco-related law; | 21 |
| (2) any local, State, or federal sign laws; or | 22 |
| (3) any local, State, or federal laws restricting the | 23 |
| age of purchase for any product. | 24 |
| (b) Compliance with this Act may be monitored by any local, | 25 |
| State, or federal law enforcement agency. Any unit of local | 26 |
| government may enforce the penal provisions of this Act. The | 27 |
| law enforcement agency or unit or local government shall | 28 |
| compile a record of violations under this Act and forward it to | 29 |
| the Commission for administrative review. | 30 |
| Compliance checks shall determine, at a minimum, if the | 31 |
| retailer is conducting business in a manner that complies with |
|
|
|
09400HB1296ham001 |
- 5 - |
LRB094 07517 LJB 42595 a |
|
| 1 |
| tobacco laws regulating youth access to tobacco. When | 2 |
| appropriate, the compliance checks shall determine compliance | 3 |
| with other tobacco-related laws. | 4 |
| Section 35. Enforcement. | 5 |
| (a) The Commission may revoke the license of a licensee for | 6 |
| a violation of this Act. A decision of the Commission to revoke | 7 |
| a license is appealable to the appropriate circuit court and | 8 |
| must be filed with the applicable clerk's office and the | 9 |
| Commission within 10 days after mailing of the Commission's | 10 |
| decision to the licensee. An appeal shall stay all proceedings | 11 |
| in furtherance of the appealed action. | 12 |
| (b) The Commission shall impose a fine upon any person who | 13 |
| violates the provisions of this Act. Penalties imposed shall | 14 |
| include the following: | 15 |
| (1) for a first violation, a fine of $500; | 16 |
| (2) for a second violation, occurring after a final | 17 |
| determination of liability for a first violation and within | 18 |
| a 12 month period after a final determination of liability | 19 |
| for a first violation, a fine of $1,000 and a suspension of | 20 |
| the tobacco retailer's license for 30 days; and | 21 |
| (3) for a third violation, occurring after a final | 22 |
| determination of liability for a second violation and | 23 |
| within a 12 month period after the determination of | 24 |
| liability for a second violation, a fine of $1,500 and a | 25 |
| revocation of the tobacco retailer's license for one year. | 26 |
| Each instance in which Section 15 of this Act is violated | 27 |
| shall constitute a separate and distinct offense. | 28 |
| The Commission shall impose a $1,000 fine upon any person | 29 |
| who sells tobacco products without a license as required by | 30 |
| Section 10 of this Act or after a license issued pursuant to | 31 |
| this Act has been suspended. Each instance in which a person | 32 |
| sells tobacco products in violation of Section 10 of this Act | 33 |
| shall constitute a separate and distinct violation. |
|
|
|
09400HB1296ham001 |
- 6 - |
LRB094 07517 LJB 42595 a |
|
| 1 |
| (c) The Commission shall adopt rules governing license | 2 |
| suspension hearings under this Act. | 3 |
| (d) In addition to imposing the fines and other penalties | 4 |
| provided by this Act, the Commission may, in the name of the | 5 |
| People of the State of Illinois, through
the Attorney General | 6 |
| of the State of Illinois or the State's Attorney of
any county | 7 |
| in which the action is brought, petition for an order enjoining
| 8 |
| a violation or for an order enforcing compliance with this Act. | 9 |
| Upon
the filing of a verified petition in court, the court may | 10 |
| issue a temporary
restraining order, without notice or bond, | 11 |
| and may preliminarily and
permanently enjoin the violation, and | 12 |
| if it is established that the
person has violated or is | 13 |
| violating the injunction, the court may punish
the offender for | 14 |
| contempt of court. Proceedings under this Section shall
be in | 15 |
| addition to, and not in lieu of, all other remedies and | 16 |
| penalties
provided by this Act. | 17 |
| (e) Causing, permitting, aiding, abetting, or concealing a | 18 |
| violation of any provision of this Act shall constitute a | 19 |
| violation of this Act subject to the fines and penalties | 20 |
| contained in this Act. | 21 |
| Section 97. Severability. The provisions of this Act are | 22 |
| severable under Section 1.31 of the Statute on Statutes.
| 23 |
| Section 99. Effective date. This Act takes effect July 1, | 24 |
| 2006.".
|
|