Full Text of HB3208 100th General Assembly
HB3208ham001 100TH GENERAL ASSEMBLY | Rep. Melissa Conyears-Ervin Filed: 3/7/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3208
| 2 | | AMENDMENT NO. ______. Amend House Bill 3208 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Cigarette Tax Act is amended by changing | 5 | | Section 6 as follows:
| 6 | | (35 ILCS 130/6) (from Ch. 120, par. 453.6)
| 7 | | Sec. 6. Revocation, cancellation, or suspension of | 8 | | license. The Department may, after notice and hearing as | 9 | | provided for by this
Act, revoke, cancel or suspend the license | 10 | | of any distributor, secondary distributor, or retailer for the
| 11 | | violation of any provision of this Act, or for noncompliance | 12 | | with any
provision herein contained, or for any noncompliance | 13 | | with any lawful rule
or regulation promulgated by the | 14 | | Department under Section 8 of this Act, or
because the licensee | 15 | | is determined to be ineligible for a distributor's
license for | 16 | | any one or more of the reasons provided for in Section 4 of
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| 1 | | this Act, or because the licensee is determined to be | 2 | | ineligible for a secondary distributor's license for any one or | 3 | | more of the reasons provided for in Section 4c of this Act, or | 4 | | because the licensee is determined to be ineligible for a | 5 | | retailer's license for any one or more of the reasons provided | 6 | | for in Section 4g of this Act. However, no such license shall | 7 | | be revoked, cancelled or
suspended, except after a hearing by | 8 | | the Department with notice to the
distributor, secondary | 9 | | distributor, or retailer, as aforesaid, and affording such | 10 | | distributor, secondary distributor, or retailer a reasonable
| 11 | | opportunity to appear and defend, and any distributor, | 12 | | secondary distributor, or retailer aggrieved by any
decision of | 13 | | the Department with respect thereto may have the determination
| 14 | | of the Department judicially reviewed, as herein provided.
| 15 | | The Department may revoke, cancel, or suspend the license | 16 | | of any
distributor for a violation of the Tobacco Product | 17 | | Manufacturers' Escrow
Enforcement Act as provided in Section 30 | 18 | | of that Act. The Department may revoke, cancel, or suspend the | 19 | | license of any secondary distributor for a violation of | 20 | | subsection (e) of Section 15 of the Tobacco Product | 21 | | Manufacturers' Escrow Enforcement Act.
| 22 | | If the retailer has a training program that facilitates | 23 | | compliance with minimum-age tobacco laws, the Department shall | 24 | | suspend for 3 days the license of that retailer for a fourth or | 25 | | subsequent violation of the Prevention of Tobacco Use by | 26 | | Persons under 21 Years of Age Minors and Sale and Distribution |
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| 1 | | of Tobacco Products Act, as provided in subsection (a) of | 2 | | Section 2 of that Act. For the purposes of this Section, any | 3 | | violation of subsection (a) of Section 2 of the Prevention of | 4 | | Tobacco Use by Persons under 21 Years of Age Minors and Sale | 5 | | and Distribution of Tobacco Products Act occurring at the | 6 | | retailer's licensed location during a 24-month period shall be | 7 | | counted as a violation against the retailer. | 8 | | If the retailer does not have a training program that | 9 | | facilitates compliance with minimum-age tobacco laws, the | 10 | | Department shall suspend for 3 days the license of that | 11 | | retailer for a second violation of the Prevention of Tobacco | 12 | | Use by Persons under 21 Years of Age Minors and Sale and | 13 | | Distribution of Tobacco Products Act, as provided in subsection | 14 | | (a-5) of Section 2 of that Act. | 15 | | If the retailer does not have a training program that | 16 | | facilitates compliance with minimum-age tobacco laws, the | 17 | | Department shall suspend for 7 days the license of that | 18 | | retailer for a third violation of the Prevention of Tobacco Use | 19 | | by Persons under 21 Years of Age Minors and Sale and | 20 | | Distribution of Tobacco Products Act, as provided in subsection | 21 | | (a-5) of Section 2 of that Act. | 22 | | If the retailer does not have a training program that | 23 | | facilitates compliance with minimum-age tobacco laws, the | 24 | | Department shall suspend for 30 days the license of a retailer | 25 | | for a fourth or subsequent violation of the Prevention of | 26 | | Tobacco Use by Persons under 21 Years of Age Minors and Sale |
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| 1 | | and Distribution of Tobacco Products Act, as provided in | 2 | | subsection (a-5) of Section 2 of that Act. | 3 | | A training program that facilitates compliance with | 4 | | minimum-age tobacco laws must include at least the following | 5 | | elements: (i) it must explain that only individuals displaying | 6 | | valid identification demonstrating that they are 21 18 years of | 7 | | age or older shall be eligible to purchase cigarettes or | 8 | | tobacco products and (ii) it must explain where a clerk can | 9 | | check identification for a date of birth. The training may be | 10 | | conducted electronically. Each retailer that has a training | 11 | | program shall require each employee who completes the training | 12 | | program to sign a form attesting that the employee has received | 13 | | and completed tobacco training. The form shall be kept in the | 14 | | employee's file and may be used to provide proof of training. | 15 | | Any distributor, secondary distributor, or retailer | 16 | | aggrieved by any decision of the Department under this
Section
| 17 | | may, within 20 days after notice of the decision, protest and | 18 | | request a
hearing. Upon receiving a request for a hearing, the | 19 | | Department shall give
notice in writing to the distributor, | 20 | | secondary distributor, or retailer requesting the hearing that | 21 | | contains a
statement of the charges preferred against the | 22 | | distributor, secondary distributor, or retailer and that | 23 | | states the
time and place fixed for the hearing. The Department | 24 | | shall hold the hearing in
conformity with the provisions of | 25 | | this Act and then issue its final
administrative decision in | 26 | | the matter to the distributor, secondary distributor, or |
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| 1 | | retailer. In the absence of a
protest and request for a hearing | 2 | | within 20 days, the Department's decision
shall become final | 3 | | without any further determination being made or notice
given.
| 4 | | No license so revoked, as aforesaid, shall be reissued to | 5 | | any such
distributor, secondary distributor, or retailer | 6 | | within a period of 6 months after the date of the final
| 7 | | determination of such revocation. No such license shall be | 8 | | reissued at all
so long as the person who would receive the | 9 | | license is ineligible to
receive a distributor's license under | 10 | | this Act for any one or more of the
reasons provided for in | 11 | | Section 4 of this Act, is ineligible to receive a secondary | 12 | | distributor's license under this Act for any one or more of the | 13 | | reasons provided for in Section 4c of this Act, or is | 14 | | determined to be ineligible for a retailer's license under the | 15 | | Act for any one or more of the reasons provided for in Section | 16 | | 4g of this Act.
| 17 | | The Department upon complaint filed in the circuit
court | 18 | | may by injunction
restrain any person who fails, or refuses, to | 19 | | comply with any of the
provisions of this Act from acting as a | 20 | | distributor, secondary distributor, or retailer of cigarettes | 21 | | in this
State.
| 22 | | (Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16 .)
| 23 | | Section 10. The Tobacco Products Tax Act of 1995 is amended | 24 | | by changing Section 10-25 as follows:
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| 1 | | (35 ILCS 143/10-25)
| 2 | | Sec. 10-25. License actions. | 3 | | (a) The Department may, after notice and a hearing,
revoke, | 4 | | cancel, or suspend the license of any distributor or retailer | 5 | | who violates any of
the provisions of this Act. The notice | 6 | | shall specify the alleged violation or
violations upon which | 7 | | the revocation, cancellation, or suspension proceeding is
| 8 | | based.
| 9 | | (b) The Department may revoke, cancel, or suspend the | 10 | | license of any
distributor for a violation of the Tobacco | 11 | | Product Manufacturers' Escrow
Enforcement Act as provided in | 12 | | Section 20 of that Act.
| 13 | | (c) If the retailer has a training program that facilitates | 14 | | compliance with minimum-age tobacco laws, the Department shall | 15 | | suspend for 3 days the license of that retailer for a fourth or | 16 | | subsequent violation of the Prevention of Tobacco Use by | 17 | | Persons under 21 Years of Age Minors and Sale and Distribution | 18 | | of Tobacco Products Act, as provided in subsection (a) of | 19 | | Section 2 of that Act. For the purposes of this Section, any | 20 | | violation of subsection (a) of Section 2 of the Prevention of | 21 | | Tobacco Use by Persons under 21 Years of Age Minors and Sale | 22 | | and Distribution of Tobacco Products Act occurring at the | 23 | | retailer's licensed location, during a 24-month period, shall | 24 | | be counted as a violation against the retailer. | 25 | | If the retailer does not have a training program that | 26 | | facilitates compliance with minimum-age tobacco laws, the |
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| 1 | | Department shall suspend for 3 days the license of that | 2 | | retailer for a second violation of the Prevention of Tobacco | 3 | | Use by Persons under 21 years of age Minors and Sale and | 4 | | Distribution of Tobacco Products Act, as provided in subsection | 5 | | (a-5) of Section 2 of that Act. | 6 | | If the retailer does not have a training program that | 7 | | facilitates compliance with minimum-age tobacco laws, the | 8 | | Department shall suspend for 7 days the license of that | 9 | | retailer for a third violation of the Prevention of Tobacco Use | 10 | | by Persons under 21 Years of Age Minors and Sale and | 11 | | Distribution of Tobacco Products Act, as provided in subsection | 12 | | (a-5) of Section 2 of that Act. | 13 | | If the retailer does not have a training program that | 14 | | facilitates compliance with minimum-age tobacco laws, the | 15 | | Department shall suspend for 30 days the license of a retailer | 16 | | for a fourth or subsequent violation of the Prevention of | 17 | | Tobacco Use by Persons under 21 Years of Age Minors and Sale | 18 | | and Distribution of Tobacco Products Act, as provided in | 19 | | subsection (a-5) of Section 2 of that Act. | 20 | | A training program that facilitates compliance with | 21 | | minimum-age tobacco laws must include at least the following | 22 | | elements: (i) it must explain that only individuals displaying | 23 | | valid identification demonstrating that they are 21 18 years of | 24 | | age or older shall be eligible to purchase cigarettes or | 25 | | tobacco products and (ii) it must explain where a clerk can | 26 | | check identification for a date of birth. The training may be |
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| 1 | | conducted electronically. Each retailer that has a training | 2 | | program shall require each employee who completes the training | 3 | | program to sign a form attesting that the employee has received | 4 | | and completed tobacco training. The form shall be kept in the | 5 | | employee's file and may be used to provide proof of training. | 6 | | (d) The Department may, by application to any circuit | 7 | | court, obtain an injunction
restraining any person who engages | 8 | | in business as a distributor of tobacco
products without a | 9 | | license (either because his or her license has been revoked,
| 10 | | canceled, or suspended or because of a failure to obtain a | 11 | | license in the first
instance) from engaging in that business | 12 | | until that person, as if that person
were a new applicant for a | 13 | | license, complies with all of the conditions,
restrictions, and | 14 | | requirements of Section 10-20 of this Act and qualifies for
and | 15 | | obtains a license. Refusal or neglect to obey the order of the | 16 | | court may
result in punishment for contempt.
| 17 | | (Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16 .)
| 18 | | Section 15. The Liquor Control Act of 1934 is amended by | 19 | | changing Sections 3-12 and 6-16.1 as follows:
| 20 | | (235 ILCS 5/3-12)
| 21 | | Sec. 3-12. Powers and duties of State Commission.
| 22 | | (a) The State commission shall have the following powers, | 23 | | functions, and
duties:
| 24 | | (1) To receive applications and to issue licenses to |
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| 1 | | manufacturers,
foreign importers, importing distributors, | 2 | | distributors, non-resident dealers,
on premise consumption | 3 | | retailers, off premise sale retailers, special event
| 4 | | retailer licensees, special use permit licenses, auction | 5 | | liquor licenses, brew
pubs, caterer retailers, | 6 | | non-beverage users, railroads, including owners and
| 7 | | lessees of sleeping, dining and cafe cars, airplanes, | 8 | | boats, brokers, and wine
maker's premises licensees in | 9 | | accordance with the provisions of this Act, and
to suspend | 10 | | or revoke such licenses upon the State commission's | 11 | | determination,
upon notice after hearing, that a licensee | 12 | | has violated any provision of this
Act or any rule or | 13 | | regulation issued pursuant thereto and in effect for 30 | 14 | | days
prior to such violation. Except in the case of an | 15 | | action taken pursuant to a
violation of Section 6-3, 6-5, | 16 | | or 6-9, any action by the State Commission to
suspend or | 17 | | revoke a licensee's license may be limited to the license | 18 | | for the
specific premises where the violation occurred.
| 19 | | In lieu of suspending or revoking a license, the | 20 | | commission may impose
a fine, upon the State commission's | 21 | | determination and notice after hearing,
that a licensee has | 22 | | violated any provision of this Act or any rule or
| 23 | | regulation issued pursuant thereto and in effect for 30 | 24 | | days prior to such
violation. | 25 | | For the purpose of this paragraph (1), when determining | 26 | | multiple violations for the sale of alcohol to a person |
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| 1 | | under the age of 21, a second or subsequent violation for | 2 | | the sale of alcohol to a person under the age of 21 shall | 3 | | only be considered if it was committed within 5 years after | 4 | | the date when a prior violation for the sale of alcohol to | 5 | | a person under the age of 21 was committed. | 6 | | The fine imposed under this paragraph may not exceed | 7 | | $500 for each
violation. Each day that the activity, which | 8 | | gave rise to the original fine,
continues is a separate | 9 | | violation. The maximum fine that may be levied against
any | 10 | | licensee, for the period of the license, shall not exceed | 11 | | $20,000.
The maximum penalty that may be imposed on a | 12 | | licensee for selling a bottle of
alcoholic liquor with a | 13 | | foreign object in it or serving from a bottle of
alcoholic | 14 | | liquor with a foreign object in it shall be the destruction | 15 | | of that
bottle of alcoholic liquor for the first 10 bottles | 16 | | so sold or served from by
the licensee. For the eleventh | 17 | | bottle of alcoholic liquor and for each third
bottle | 18 | | thereafter sold or served from by the licensee with a | 19 | | foreign object in
it, the maximum penalty that may be | 20 | | imposed on the licensee is the destruction
of the bottle of | 21 | | alcoholic liquor and a fine of up to $50.
| 22 | | (2) To adopt such rules and regulations consistent with | 23 | | the
provisions of this Act which shall be necessary to | 24 | | carry on its
functions and duties to the end that the | 25 | | health, safety and welfare of
the People of the State of | 26 | | Illinois shall be protected and temperance in
the |
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| 1 | | consumption of alcoholic liquors shall be fostered and | 2 | | promoted and
to distribute copies of such rules and | 3 | | regulations to all licensees
affected thereby.
| 4 | | (3) To call upon other administrative departments of | 5 | | the State,
county and municipal governments, county and | 6 | | city police departments and
upon prosecuting officers for | 7 | | such information and assistance as it
deems necessary in | 8 | | the performance of its duties.
| 9 | | (4) To recommend to local commissioners rules and | 10 | | regulations, not
inconsistent with the law, for the | 11 | | distribution and sale of alcoholic
liquors throughout the | 12 | | State.
| 13 | | (5) To inspect, or cause to be inspected, any
premises | 14 | | in this State
where alcoholic liquors are manufactured, | 15 | | distributed, warehoused, or
sold. Nothing in this Act
| 16 | | authorizes an agent of the Commission to inspect private
| 17 | | areas within the premises without reasonable suspicion or a | 18 | | warrant
during an inspection. "Private areas" include, but | 19 | | are not limited to, safes, personal property, and closed | 20 | | desks.
| 21 | | (5.1) Upon receipt of a complaint or upon having | 22 | | knowledge that any person
is engaged in business as a | 23 | | manufacturer, importing distributor, distributor,
or | 24 | | retailer without a license or valid license, to notify the | 25 | | local liquor
authority, file a complaint with the State's | 26 | | Attorney's Office of the county
where the incident |
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| 1 | | occurred, or initiate an investigation with the | 2 | | appropriate
law enforcement officials.
| 3 | | (5.2) To issue a cease and desist notice to persons | 4 | | shipping alcoholic
liquor
into this State from a point | 5 | | outside of this State if the shipment is in
violation of | 6 | | this Act.
| 7 | | (5.3) To receive complaints from licensees, local | 8 | | officials, law
enforcement agencies, organizations, and | 9 | | persons stating that any licensee has
been or is violating | 10 | | any provision of this Act or the rules and regulations
| 11 | | issued pursuant to this Act. Such complaints shall be in | 12 | | writing, signed and
sworn to by the person making the | 13 | | complaint, and shall state with specificity
the facts in | 14 | | relation to the alleged violation. If the Commission has
| 15 | | reasonable grounds to believe that the complaint | 16 | | substantially alleges a
violation of this Act or rules and | 17 | | regulations adopted pursuant to this Act, it
shall conduct | 18 | | an investigation. If, after conducting an investigation, | 19 | | the
Commission is satisfied that the alleged violation did | 20 | | occur, it shall proceed
with disciplinary action against | 21 | | the licensee as provided in this Act.
| 22 | | (6) To hear and determine appeals from orders of a | 23 | | local commission
in accordance with the provisions of this | 24 | | Act, as hereinafter set forth.
Hearings under this | 25 | | subsection shall be held in Springfield or Chicago,
at | 26 | | whichever location is the more convenient for the majority |
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| 1 | | of persons
who are parties to the hearing.
| 2 | | (7) The commission shall establish uniform systems of | 3 | | accounts to be
kept by all retail licensees having more | 4 | | than 4 employees, and for this
purpose the commission may | 5 | | classify all retail licensees having more
than 4 employees | 6 | | and establish a uniform system of accounts for each
class | 7 | | and prescribe the manner in which such accounts shall be | 8 | | kept.
The commission may also prescribe the forms of | 9 | | accounts to be kept by
all retail licensees having more | 10 | | than 4 employees, including but not
limited to accounts of | 11 | | earnings and expenses and any distribution,
payment, or | 12 | | other distribution of earnings or assets, and any other
| 13 | | forms, records and memoranda which in the judgment of the | 14 | | commission may
be necessary or appropriate to carry out any | 15 | | of the provisions of this
Act, including but not limited to | 16 | | such forms, records and memoranda as
will readily and | 17 | | accurately disclose at all times the beneficial
ownership | 18 | | of such retail licensed business. The accounts, forms,
| 19 | | records and memoranda shall be available at all reasonable | 20 | | times for
inspection by authorized representatives of the | 21 | | State commission or by
any local liquor control | 22 | | commissioner or his or her authorized representative.
The | 23 | | commission, may, from time to time, alter, amend or repeal, | 24 | | in whole
or in part, any uniform system of accounts, or the | 25 | | form and manner of
keeping accounts.
| 26 | | (8) In the conduct of any hearing authorized to be held |
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| 1 | | by the
commission, to appoint, at the commission's | 2 | | discretion, hearing officers
to conduct hearings involving | 3 | | complex issues or issues that will require a
protracted | 4 | | period of time to resolve, to examine, or cause to be | 5 | | examined,
under oath, any licensee, and to examine or cause | 6 | | to be examined the books and
records
of such licensee; to | 7 | | hear testimony and take proof material for its
information | 8 | | in the discharge of its duties hereunder; to administer or
| 9 | | cause to be administered oaths; for any such purpose to | 10 | | issue
subpoena or subpoenas to require the attendance of | 11 | | witnesses and the
production of books, which shall be | 12 | | effective in any part of this State, and
to adopt rules to | 13 | | implement its powers under this paragraph (8).
| 14 | | Any Circuit Court may by order duly entered,
require | 15 | | the attendance of witnesses and the production of relevant | 16 | | books
subpoenaed by the State commission and the court may | 17 | | compel
obedience to its order by proceedings for contempt.
| 18 | | (9) To investigate the administration of laws in | 19 | | relation to
alcoholic liquors in this and other states and | 20 | | any foreign countries,
and to recommend from time to time | 21 | | to the Governor and through him or
her to the legislature | 22 | | of this State, such amendments to this Act, if any, as
it | 23 | | may think desirable and as will serve to further the | 24 | | general broad
purposes contained in Section 1-2 hereof.
| 25 | | (10) To adopt such rules and regulations consistent | 26 | | with the
provisions of this Act which shall be necessary |
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| 1 | | for the control, sale or
disposition of alcoholic liquor | 2 | | damaged as a result of an accident, wreck,
flood, fire or | 3 | | other similar occurrence.
| 4 | | (11) To develop industry educational programs related | 5 | | to responsible
serving and selling, particularly in the | 6 | | areas of overserving consumers and
illegal underage | 7 | | purchasing and consumption of alcoholic beverages.
| 8 | | (11.1) To license persons providing education and | 9 | | training to alcohol
beverage sellers and servers for | 10 | | mandatory and non-mandatory training under the
Beverage | 11 | | Alcohol Sellers and Servers
Education and Training | 12 | | (BASSET) programs and to develop and administer a public
| 13 | | awareness program in Illinois to reduce or eliminate the | 14 | | illegal purchase and
consumption of alcoholic beverage | 15 | | products by persons under the age of 21.
Application for a | 16 | | license shall be made on forms provided by the State
| 17 | | Commission.
| 18 | | (12) To develop and maintain a repository of license | 19 | | and regulatory
information.
| 20 | | (13) (Blank). On or before January 15, 1994, the | 21 | | Commission shall issue
a written report to the Governor and | 22 | | General Assembly that is to be based on a
comprehensive | 23 | | study of the impact on and implications for the State of | 24 | | Illinois
of Section 1926 of the Federal ADAMHA | 25 | | Reorganization Act of 1992 (Public Law
102-321). This study | 26 | | shall address the extent to which Illinois currently
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| 1 | | complies with the provisions of P.L. 102-321 and the rules | 2 | | promulgated pursuant
thereto.
| 3 | | As part of its report, the Commission shall provide the | 4 | | following essential
information:
| 5 | | (i) the number of retail distributors of tobacco | 6 | | products, by type and
geographic area, in the State;
| 7 | | (ii) the number of reported citations and | 8 | | successful convictions,
categorized by type and | 9 | | location of retail distributor, for violation of the
| 10 | | Prevention of Tobacco Use by Minors and Sale and | 11 | | Distribution of Tobacco Products Act and the Smokeless
| 12 | | Tobacco Limitation Act;
| 13 | | (iii) the extent and nature of organized | 14 | | educational and governmental
activities that are | 15 | | intended to promote, encourage or otherwise secure
| 16 | | compliance with any Illinois laws that prohibit the | 17 | | sale or distribution of
tobacco products to minors; and
| 18 | | (iv) the level of access and availability of | 19 | | tobacco products to
individuals under the age of 18.
| 20 | | To obtain the data necessary to comply with the | 21 | | provisions of P.L. 102-321
and the requirements of this | 22 | | report, the Commission shall conduct random,
unannounced | 23 | | inspections of a geographically and scientifically | 24 | | representative
sample of the State's retail tobacco | 25 | | distributors.
| 26 | | The Commission shall consult with the Department of |
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| 1 | | Public Health, the
Department of Human Services, the
| 2 | | Illinois State Police and any
other executive branch | 3 | | agency, and private organizations that may have
| 4 | | information relevant to this report.
| 5 | | The Commission may contract with the Food and Drug | 6 | | Administration of the
U.S. Department of Health and Human | 7 | | Services to conduct unannounced
investigations of Illinois | 8 | | tobacco vendors to determine compliance with federal
laws | 9 | | relating to the illegal sale of cigarettes and smokeless | 10 | | tobacco products
to persons under the age of 18.
| 11 | | (14) On or before April 30, 2008 and every 2 years
| 12 | | thereafter, the Commission shall present a written
report | 13 | | to the Governor and the General Assembly that shall
be | 14 | | based on a study of the impact of Public Act 95-634 this | 15 | | amendatory Act of
the 95th General Assembly on the business | 16 | | of soliciting,
selling, and shipping wine from inside and | 17 | | outside of this
State directly to residents of this State. | 18 | | As part of its
report, the Commission shall provide all of | 19 | | the
following information: | 20 | | (A) The amount of State excise and sales tax
| 21 | | revenues generated. | 22 | | (B) The amount of licensing fees received. | 23 | | (C) The number of cases of wine shipped from inside
| 24 | | and outside of this State directly to residents of this
| 25 | | State. | 26 | | (D) The number of alcohol compliance operations
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| 1 | | conducted. | 2 | | (E) The number of winery shipper's licenses
| 3 | | issued. | 4 | | (F) The number of each of the following: reported
| 5 | | violations; cease and desist notices issued by the
| 6 | | Commission; notices of violations issued by
the | 7 | | Commission and to the Department of Revenue;
and | 8 | | notices and complaints of violations to law
| 9 | | enforcement officials, including, without limitation,
| 10 | | the Illinois Attorney General and the U.S. Department
| 11 | | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | 12 | | (15) As a means to reduce the underage consumption of
| 13 | | alcoholic liquors, the Commission shall conduct
alcohol | 14 | | compliance operations to investigate whether
businesses | 15 | | that are soliciting, selling, and shipping wine
from inside | 16 | | or outside of this State directly to residents
of this | 17 | | State are licensed by this State or are selling or
| 18 | | attempting to sell wine to persons under 21 years of age in
| 19 | | violation of this Act. | 20 | | (16) The Commission shall, in addition to
notifying any | 21 | | appropriate law enforcement agency, submit
notices of | 22 | | complaints or violations of Sections 6-29 and
6-29.1 by | 23 | | persons who do not hold a winery shipper's
license under | 24 | | this amendatory Act to the Illinois Attorney General and
to | 25 | | the U.S. Department of Treasury's Alcohol and Tobacco Tax | 26 | | and Trade Bureau. |
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| 1 | | (17) (A) A person licensed to make wine under the laws | 2 | | of another state who has a winery shipper's license under | 3 | | this amendatory Act and annually produces less than 25,000 | 4 | | gallons of wine or a person who has a first-class or | 5 | | second-class wine manufacturer's license, a first-class or | 6 | | second-class wine-maker's license, or a limited wine | 7 | | manufacturer's license under this Act and annually | 8 | | produces less than 25,000 gallons of wine may make | 9 | | application to the Commission for a self-distribution | 10 | | exemption to allow the sale of not more than 5,000 gallons | 11 | | of the exemption holder's wine to retail licensees per | 12 | | year. | 13 | | (B) In the application, which shall be sworn under | 14 | | penalty of perjury, such person shall state (1) the | 15 | | date it was established; (2) its volume of production | 16 | | and sales for each year since its establishment; (3) | 17 | | its efforts to establish distributor relationships; | 18 | | (4) that a self-distribution exemption is necessary to | 19 | | facilitate the marketing of its wine; and (5) that it | 20 | | will comply with the liquor and revenue laws of the | 21 | | United States, this State, and any other state where it | 22 | | is licensed. | 23 | | (C) The Commission shall approve the application | 24 | | for a self-distribution exemption if such person: (1) | 25 | | is in compliance with State revenue and liquor laws; | 26 | | (2) is not a member of any affiliated group that |
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| 1 | | produces more than 25,000 gallons of wine per annum or | 2 | | produces any other alcoholic liquor; (3) will not | 3 | | annually produce for sale more than 25,000 gallons of | 4 | | wine; and (4) will not annually sell more than 5,000 | 5 | | gallons of its wine to retail licensees. | 6 | | (D) A self-distribution exemption holder shall | 7 | | annually certify to the Commission its production of | 8 | | wine in the previous 12 months and its anticipated | 9 | | production and sales for the next 12 months. The | 10 | | Commission may fine, suspend, or revoke a | 11 | | self-distribution exemption after a hearing if it | 12 | | finds that the exemption holder has made a material | 13 | | misrepresentation in its application, violated a | 14 | | revenue or liquor law of Illinois, exceeded production | 15 | | of 25,000 gallons of wine in any calendar year, or | 16 | | become part of an affiliated group producing more than | 17 | | 25,000 gallons of wine or any other alcoholic liquor. | 18 | | (E) Except in hearings for violations of this Act | 19 | | or Public Act 95-634 amendatory Act or a bona fide | 20 | | investigation by duly sworn law enforcement officials, | 21 | | the Commission, or its agents, the Commission shall | 22 | | maintain the production and sales information of a | 23 | | self-distribution exemption holder as confidential and | 24 | | shall not release such information to any person. | 25 | | (F) The Commission shall issue regulations | 26 | | governing self-distribution exemptions consistent with |
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| 1 | | this Section and this Act. | 2 | | (G) Nothing in this subsection (17) shall prohibit | 3 | | a self-distribution exemption holder from entering | 4 | | into or simultaneously having a distribution agreement | 5 | | with a licensed Illinois distributor. | 6 | | (H) It is the intent of this subsection (17) to | 7 | | promote and continue orderly markets. The General | 8 | | Assembly finds that in order to preserve Illinois' | 9 | | regulatory distribution system it is necessary to | 10 | | create an exception for smaller makers of wine as their | 11 | | wines are frequently adjusted in varietals, mixes, | 12 | | vintages, and taste to find and create market niches | 13 | | sometimes too small for distributor or importing | 14 | | distributor business strategies. Limited | 15 | | self-distribution rights will afford and allow smaller | 16 | | makers of wine access to the marketplace in order to | 17 | | develop a customer base without impairing the | 18 | | integrity of the 3-tier system.
| 19 | | (18) (A) A class 1 brewer licensee, who must also be | 20 | | either a licensed brewer or licensed non-resident dealer | 21 | | and annually manufacture less than 930,000 gallons of beer, | 22 | | may make application to the State Commission for a | 23 | | self-distribution exemption to allow the sale of not more | 24 | | than 232,500 gallons of the exemption holder's beer to | 25 | | retail licensees per year. | 26 | | (B) In the application, which shall be sworn under |
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| 1 | | penalty of perjury, the class 1 brewer licensee shall | 2 | | state (1) the date it was established; (2) its volume | 3 | | of beer manufactured and sold for each year since its | 4 | | establishment; (3) its efforts to establish | 5 | | distributor relationships; (4) that a | 6 | | self-distribution exemption is necessary to facilitate | 7 | | the marketing of its beer; and (5) that it will comply | 8 | | with the alcoholic beverage and revenue laws of the | 9 | | United States, this State, and any other state where it | 10 | | is licensed. | 11 | | (C) Any application submitted shall be posted on | 12 | | the State Commission's website at least 45 days prior | 13 | | to action by the State Commission. The State Commission | 14 | | shall approve the application for a self-distribution | 15 | | exemption if the class 1 brewer licensee: (1) is in | 16 | | compliance with the State, revenue, and alcoholic | 17 | | beverage laws; (2) is not a member of any affiliated | 18 | | group that manufactures manufacturers more than | 19 | | 930,000 gallons of beer per annum or produces any other | 20 | | alcoholic beverages; (3) shall not annually | 21 | | manufacture for sale more than 930,000 gallons of beer; | 22 | | (4) shall not annually sell more than 232,500 gallons | 23 | | of its beer to retail licensees; and (5) has | 24 | | relinquished any brew pub license held by the licensee, | 25 | | including any ownership interest it held in the | 26 | | licensed brew pub. |
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| 1 | | (D) A self-distribution exemption holder shall | 2 | | annually certify to the State Commission its | 3 | | manufacture of beer during the previous 12 months and | 4 | | its anticipated manufacture and sales of beer for the | 5 | | next 12 months. The State Commission may fine, suspend, | 6 | | or revoke a self-distribution exemption after a | 7 | | hearing if it finds that the exemption holder has made | 8 | | a material misrepresentation in its application, | 9 | | violated a revenue or alcoholic beverage law of | 10 | | Illinois, exceeded the manufacture of 930,000 gallons | 11 | | of beer in any calendar year or became part of an | 12 | | affiliated group manufacturing more than 930,000 | 13 | | gallons of beer or any other alcoholic beverage. | 14 | | (E) The State Commission shall issue rules and | 15 | | regulations governing self-distribution exemptions | 16 | | consistent with this Act. | 17 | | (F) Nothing in this paragraph (18) shall prohibit a | 18 | | self-distribution exemption holder from entering into | 19 | | or simultaneously having a distribution agreement with | 20 | | a licensed Illinois importing distributor or a | 21 | | distributor. If a self-distribution exemption holder | 22 | | enters into a distribution agreement and has assigned | 23 | | distribution rights to an importing distributor or | 24 | | distributor, then the self-distribution exemption | 25 | | holder's distribution rights in the assigned | 26 | | territories shall cease in a reasonable time not to |
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| 1 | | exceed 60 days. | 2 | | (G) It is the intent of this paragraph (18) to | 3 | | promote and continue orderly markets. The General | 4 | | Assembly finds that in order to preserve Illinois' | 5 | | regulatory distribution system, it is necessary to | 6 | | create an exception for smaller manufacturers in order | 7 | | to afford and allow such smaller manufacturers of beer | 8 | | access to the marketplace in order to develop a | 9 | | customer base without impairing the integrity of the | 10 | | 3-tier system. | 11 | | (b) On or before April 30, 1999, the Commission shall | 12 | | present a written
report to the Governor and the General | 13 | | Assembly that shall be based on a study
of the impact of Public | 14 | | Act 90-739 this amendatory Act of 1998 on the business of | 15 | | soliciting,
selling, and shipping
alcoholic liquor from | 16 | | outside of this State directly to residents of this
State.
| 17 | | As part of its report, the Commission shall provide the | 18 | | following
information:
| 19 | | (i) the amount of State excise and sales tax revenues | 20 | | generated as a
result of Public Act 90-739 this amendatory | 21 | | Act of 1998 ;
| 22 | | (ii) the amount of licensing fees received as a result | 23 | | of Public Act 90-739 this amendatory
Act of 1998 ;
| 24 | | (iii) the number of reported violations, the number of | 25 | | cease and desist
notices issued by the Commission, the | 26 | | number of notices of violations issued
to the Department of |
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| 1 | | Revenue, and the number of notices and complaints of
| 2 | | violations to law enforcement officials.
| 3 | | (Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15; | 4 | | 98-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff. 8-24-15; | 5 | | revised 9-13-16.) | 6 | | (235 ILCS 5/6-16.1)
| 7 | | Sec. 6-16.1. Enforcement actions.
| 8 | | (a) A licensee or an officer, associate,
member, | 9 | | representative, agent, or employee of a licensee may sell, | 10 | | give, or
deliver alcoholic liquor to a person under the age of | 11 | | 21 years or authorize the
sale, gift, or delivery of alcoholic | 12 | | liquor to a person under the age of 21
years pursuant to a plan | 13 | | or action to investigate, patrol, or otherwise conduct
a "sting | 14 | | operation" or enforcement action against a person employed by | 15 | | the
licensee or on any licensed premises if the licensee or | 16 | | officer, associate,
member, representative, agent, or employee | 17 | | of the licensee provides written
notice, at least 14 days | 18 | | before the "sting operation" or enforcement action,
unless | 19 | | governing body of the municipality or county having | 20 | | jurisdiction sets a
shorter period by ordinance, to the law | 21 | | enforcement agency having jurisdiction,
the local liquor | 22 | | control commissioner, or both. Notice provided under this
| 23 | | Section shall be valid for a "sting operation" or enforcement | 24 | | action conducted
within 60 days of the provision of that | 25 | | notice, unless the governing body of
the municipality or county |
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| 1 | | having jurisdiction sets a shorter period by
ordinance.
| 2 | | (b) A local liquor control commission or unit of local | 3 | | government that
conducts alcohol and tobacco compliance | 4 | | operations shall establish a policy and
standards for alcohol | 5 | | and tobacco compliance operations to investigate whether
a | 6 | | licensee is furnishing (1) alcoholic liquor to persons under 21 | 7 | | years of age
in violation of this Act or (2) tobacco to persons | 8 | | in violation of the Prevention of Tobacco Use by Persons under
| 9 | | 21 Years of Age Minors and Sale and Distribution of Tobacco | 10 | | Products Act.
| 11 | | (c) The Illinois Law Enforcement Training Standards Board | 12 | | shall
develop a model policy and guidelines for the operation | 13 | | of alcohol and tobacco
compliance checks by local law | 14 | | enforcement officers. The Illinois Law
Enforcement Training | 15 | | Standards Board shall also require the supervising
officers of | 16 | | such compliance checks to have met a minimum training standard | 17 | | as
determined by the Board. The Board shall have the right to | 18 | | waive any training
based on current written policies and | 19 | | procedures for alcohol and tobacco
compliance check operations | 20 | | and in-service training already administered by
the local law | 21 | | enforcement agency, department, or office.
| 22 | | (d) The provisions of subsections (b) and (c) do not apply | 23 | | to a home rule
unit with more than 2,000,000 inhabitants.
| 24 | | (e) A home rule unit, other than a home rule unit with more | 25 | | than 2,000,000
inhabitants, may not regulate enforcement | 26 | | actions in a manner inconsistent with
the regulation of |
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| 1 | | enforcement actions under this Section. This subsection (e)
is | 2 | | a limitation under subsection (i) of Section 6 of Article VII | 3 | | of the
Illinois Constitution on the concurrent exercise by home | 4 | | rule units
of powers and functions
exercised by the State.
| 5 | | (f) A licensee who is the subject of an enforcement action | 6 | | or "sting
operation" under this Section and is found, pursuant | 7 | | to the enforcement action,
to be in compliance with this Act | 8 | | shall be notified by the enforcement agency action that no | 9 | | violation was found within 30 days after the finding.
| 10 | | (Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10; | 11 | | 96-1000, eff. 7-2-10.)
| 12 | | Section 20. The Juvenile Court Act of 1987 is amended by | 13 | | changing Sections 5-615 and 5-710 as follows:
| 14 | | (705 ILCS 405/5-615)
| 15 | | Sec. 5-615. Continuance under supervision.
| 16 | | (1) The court may enter an order of continuance under | 17 | | supervision for an
offense other than first degree murder, a | 18 | | Class X felony or a forcible felony: | 19 | | (a) upon an admission or stipulation by the appropriate | 20 | | respondent or minor
respondent of the facts supporting the
| 21 | | petition and before the court makes a finding of | 22 | | delinquency, and in the absence of objection made in open | 23 | | court by the
minor, his or her parent, guardian, or legal | 24 | | custodian, the minor's attorney or
the
State's Attorney; or
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| 1 | | (b) upon a finding of delinquency and after considering | 2 | | the circumstances of the offense and the history, | 3 | | character, and condition of the minor, if the court is of | 4 | | the opinion that: | 5 | | (i) the minor is not likely to commit further | 6 | | crimes; | 7 | | (ii) the minor and the public would be best served | 8 | | if the minor were not to receive a criminal record; and | 9 | | (iii) in the best interests of justice an order of | 10 | | continuance under supervision is more appropriate than | 11 | | a sentence otherwise permitted under this Act. | 12 | | (2) (Blank).
| 13 | | (3) Nothing in this Section limits the power of the court | 14 | | to order a
continuance of the hearing for the production of | 15 | | additional evidence or for any
other proper reason.
| 16 | | (4) When a hearing where a minor is alleged to be a | 17 | | delinquent is
continued
pursuant to this Section, the period of | 18 | | continuance under supervision may not
exceed 24 months. The | 19 | | court may terminate a continuance under supervision at
any time | 20 | | if warranted by the conduct of the minor and the ends of | 21 | | justice or vacate the finding of delinquency or both.
| 22 | | (5) When a hearing where a minor is alleged to be | 23 | | delinquent is continued
pursuant to this Section, the court | 24 | | may, as conditions of the continuance under
supervision, | 25 | | require the minor to do any of the following:
| 26 | | (a) not violate any criminal statute of any |
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| 1 | | jurisdiction;
| 2 | | (b) make a report to and appear in person before any | 3 | | person or agency as
directed by the court;
| 4 | | (c) work or pursue a course of study or vocational | 5 | | training;
| 6 | | (d) undergo medical or psychotherapeutic treatment | 7 | | rendered by a therapist
licensed under the provisions of | 8 | | the Medical Practice Act of 1987, the
Clinical Psychologist | 9 | | Licensing Act, or the Clinical Social Work and Social
Work | 10 | | Practice Act, or an entity licensed by the Department of | 11 | | Human Services as
a successor to the Department of | 12 | | Alcoholism and Substance Abuse, for the
provision of drug | 13 | | addiction and alcoholism treatment;
| 14 | | (e) attend or reside in a facility established for the | 15 | | instruction or
residence of persons on probation;
| 16 | | (f) support his or her dependents, if any;
| 17 | | (g) pay costs;
| 18 | | (h) refrain from possessing a firearm or other | 19 | | dangerous weapon, or an
automobile;
| 20 | | (i) permit the probation officer to visit him or her at | 21 | | his or her home or
elsewhere;
| 22 | | (j) reside with his or her parents or in a foster home;
| 23 | | (k) attend school;
| 24 | | (k-5) with the consent of the superintendent
of the
| 25 | | facility, attend an educational program at a facility other | 26 | | than the school
in which the
offense was committed if he
or |
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| 1 | | she committed a crime of violence as
defined in
Section 2 | 2 | | of the Crime Victims Compensation Act in a school, on the
| 3 | | real
property
comprising a school, or within 1,000 feet of | 4 | | the real property comprising a
school;
| 5 | | (l) attend a non-residential program for youth;
| 6 | | (m) contribute to his or her own support at home or in | 7 | | a foster home;
| 8 | | (n) perform some reasonable public or community | 9 | | service;
| 10 | | (o) make restitution to the victim, in the same manner | 11 | | and under the same
conditions as provided in subsection (4) | 12 | | of Section 5-710, except that the
"sentencing hearing" | 13 | | referred
to in that Section shall be the adjudicatory | 14 | | hearing for purposes of this
Section;
| 15 | | (p) comply with curfew requirements as designated by | 16 | | the court;
| 17 | | (q) refrain from entering into a designated geographic | 18 | | area except upon
terms as the court finds appropriate. The | 19 | | terms may include consideration of
the purpose of the | 20 | | entry, the time of day, other persons accompanying the
| 21 | | minor, and advance approval by a probation officer;
| 22 | | (r) refrain from having any contact, directly or | 23 | | indirectly, with certain
specified persons or particular | 24 | | types of persons, including but not limited to
members of | 25 | | street gangs and drug users or dealers;
| 26 | | (r-5) undergo a medical or other procedure to have a |
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| 1 | | tattoo symbolizing
allegiance to a street gang removed from | 2 | | his or her body;
| 3 | | (s) refrain from having in his or her body the presence | 4 | | of any illicit
drug
prohibited by the Cannabis Control Act, | 5 | | the Illinois Controlled Substances
Act, or the | 6 | | Methamphetamine Control and Community Protection Act, | 7 | | unless prescribed by a physician, and submit samples of his | 8 | | or her blood
or urine or both for tests to determine the | 9 | | presence of any illicit drug; or
| 10 | | (t) comply with any other conditions as may be ordered | 11 | | by the court.
| 12 | | (6) A minor whose case is continued under supervision under | 13 | | subsection (5)
shall be given a certificate setting forth the | 14 | | conditions imposed by the court.
Those conditions may be | 15 | | reduced, enlarged, or modified by the court on motion
of the | 16 | | probation officer or on its own motion, or that of the State's | 17 | | Attorney,
or, at the request of the minor after notice and | 18 | | hearing.
| 19 | | (7) If a petition is filed charging a violation of a | 20 | | condition of the
continuance under supervision, the court shall | 21 | | conduct a hearing. If the court
finds that a condition of | 22 | | supervision has not been fulfilled, the court may
proceed to | 23 | | findings, adjudication, and disposition or adjudication and | 24 | | disposition. The filing of a petition
for violation of a | 25 | | condition of the continuance under supervision shall toll
the | 26 | | period of continuance under supervision until the final |
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| 1 | | determination of
the charge, and the term of the continuance | 2 | | under supervision shall not run
until the hearing and | 3 | | disposition of the petition for violation; provided
where the | 4 | | petition alleges conduct that does not constitute a criminal | 5 | | offense,
the hearing must be held within 30 days of the filing | 6 | | of the petition unless a
delay shall continue the tolling of | 7 | | the period of continuance under supervision
for the period of
| 8 | | the delay.
| 9 | | (8) When a hearing in which a minor is alleged to be a | 10 | | delinquent for
reasons that include a violation of Section | 11 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | 12 | | 2012
is continued under this Section, the court shall, as a | 13 | | condition of the
continuance under supervision, require the | 14 | | minor to perform community service
for not less than 30 and not | 15 | | more than 120 hours, if community service is
available in the | 16 | | jurisdiction. The community service shall include, but need
not | 17 | | be limited to, the cleanup and repair of the damage that was | 18 | | caused by the
alleged violation or similar damage to property | 19 | | located in the municipality or
county in which the alleged | 20 | | violation occurred. The condition may be in
addition to any | 21 | | other condition.
| 22 | | (8.5) When a hearing in which a minor is alleged to be a | 23 | | delinquent for
reasons
that include a violation of Section 3.02 | 24 | | or Section 3.03 of the Humane Care for
Animals Act or paragraph | 25 | | (d) of subsection (1)
of Section
21-1 of the Criminal Code of | 26 | | 1961 or paragraph (4) of subsection (a) of Section 21-1 or the |
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| 1 | | Criminal Code of 2012 is continued under this Section, the | 2 | | court
shall, as a
condition of the continuance under | 3 | | supervision, require the minor to undergo
medical or
| 4 | | psychiatric treatment rendered by a psychiatrist or | 5 | | psychological treatment
rendered by a
clinical psychologist. | 6 | | The condition may be in addition to any other
condition.
| 7 | | (9) When a hearing in which a minor is alleged to be a | 8 | | delinquent is
continued under this Section, the court, before | 9 | | continuing the case, shall make
a finding whether the offense | 10 | | alleged to have been committed either: (i) was
related to or in | 11 | | furtherance of the activities of an organized gang or was
| 12 | | motivated by the minor's membership in or allegiance to an | 13 | | organized gang, or
(ii) is a violation of paragraph (13) of | 14 | | subsection (a) of Section 12-2 or paragraph (2) of subsection | 15 | | (c) of Section 12-2 of the
Criminal Code of 1961 or the | 16 | | Criminal Code of 2012, a violation of any Section of Article 24 | 17 | | of the
Criminal Code of 1961 or the Criminal Code of 2012, or a | 18 | | violation of any statute that involved the unlawful
use of a | 19 | | firearm. If the court determines the question in the | 20 | | affirmative the
court shall, as a condition of the continuance | 21 | | under supervision and as part of
or in addition to any other | 22 | | condition of the supervision,
require the minor to perform | 23 | | community service for not less than 30 hours,
provided that | 24 | | community service is available in the
jurisdiction and is | 25 | | funded and approved by the county board of the county where
the | 26 | | offense was committed. The community service shall include, but |
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| 1 | | need not
be limited to, the cleanup and repair of any damage | 2 | | caused by an alleged
violation of Section 21-1.3 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012 and similar | 4 | | damage to
property located in the municipality or county in | 5 | | which the alleged violation
occurred. When possible and | 6 | | reasonable, the community service shall be
performed in the | 7 | | minor's neighborhood. For the purposes of this Section,
| 8 | | "organized gang" has the meaning ascribed to it in Section 10 | 9 | | of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
| 10 | | (10) The court shall impose upon a minor placed on | 11 | | supervision, as a
condition of the supervision, a fee of $50 | 12 | | for each month of supervision
ordered by the court, unless | 13 | | after determining the inability of the minor
placed on | 14 | | supervision to pay the fee, the court assesses a lesser amount. | 15 | | The
court may not impose the fee on a minor who is made a ward | 16 | | of the State under
this Act while the minor is in placement. | 17 | | The fee shall be imposed only upon a
minor who is actively | 18 | | supervised by the probation and court services
department. A | 19 | | court may order the parent, guardian, or legal custodian of the
| 20 | | minor to pay some or all of the fee on the minor's behalf.
| 21 | | (11) (Blank). If a minor is placed on supervision for a | 22 | | violation of
subsection (a-7) of Section 1 of the Prevention of | 23 | | Tobacco Use by Minors Act, the
court may, in its discretion, | 24 | | and upon
recommendation by the State's Attorney, order that | 25 | | minor and his or her parents
or legal
guardian to attend a | 26 | | smoker's education or youth diversion program as defined
in |
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| 1 | | that Act if that
program is available in the jurisdiction where | 2 | | the offender resides.
Attendance at a smoker's education or | 3 | | youth diversion program
shall be time-credited against any | 4 | | community service time imposed for any
first violation of | 5 | | subsection (a-7) of Section 1 of that Act. In addition to any
| 6 | | other
penalty
that the court may impose for a violation of | 7 | | subsection (a-7) of Section 1 of
that Act, the
court, upon | 8 | | request by the State's Attorney, may in its discretion
require
| 9 | | the offender to remit a fee for his or her attendance at a | 10 | | smoker's
education or
youth diversion program.
| 11 | | For purposes of this Section, "smoker's education program" | 12 | | or "youth
diversion program" includes, but is not limited to, a | 13 | | seminar designed to
educate a person on the physical and | 14 | | psychological effects of smoking tobacco
products and the | 15 | | health consequences of smoking tobacco products that can be
| 16 | | conducted with a locality's youth diversion program.
| 17 | | In addition to any other penalty that the court may impose | 18 | | under this
subsection
(11):
| 19 | | (a) If a minor violates subsection (a-7) of Section 1 | 20 | | of the Prevention of
Tobacco Use by Minors Act, the court | 21 | | may
impose a sentence of 15 hours of
community service or a | 22 | | fine of $25 for a first violation.
| 23 | | (b) A second violation by a minor of subsection (a-7) | 24 | | of Section 1 of that Act
that occurs
within 12 months after | 25 | | the first violation is punishable by a fine of $50 and
25
| 26 | | hours of community service.
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| 1 | | (c) A third or subsequent violation by a minor of | 2 | | subsection (a-7) of Section
1 of that Act
that
occurs | 3 | | within 12 months after the first violation is punishable by | 4 | | a $100
fine
and 30 hours of community service.
| 5 | | (d) Any second or subsequent violation not within the | 6 | | 12-month time period
after the first violation is | 7 | | punishable as provided for a first violation.
| 8 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-62, eff. 1-1-14.)
| 9 | | (705 ILCS 405/5-710)
| 10 | | Sec. 5-710. Kinds of sentencing orders.
| 11 | | (1) The following kinds of sentencing orders may be made in | 12 | | respect of
wards of the court:
| 13 | | (a) Except as provided in Sections 5-805, 5-810, 5-815, | 14 | | a minor who is
found
guilty under Section 5-620 may be:
| 15 | | (i) put on probation or conditional discharge and | 16 | | released to his or her
parents, guardian or legal | 17 | | custodian, provided, however, that any such minor
who | 18 | | is not committed to the Department of Juvenile Justice | 19 | | under
this subsection and who is found to be a | 20 | | delinquent for an offense which is
first degree murder, | 21 | | a Class X felony, or a forcible felony shall be placed | 22 | | on
probation;
| 23 | | (ii) placed in accordance with Section 5-740, with | 24 | | or without also being
put on probation or conditional | 25 | | discharge;
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| 1 | | (iii) required to undergo a substance abuse | 2 | | assessment conducted by a
licensed provider and | 3 | | participate in the indicated clinical level of care;
| 4 | | (iv) on and after the effective date of this | 5 | | amendatory Act of the 98th General Assembly and before | 6 | | January 1, 2017, placed in the guardianship of the | 7 | | Department of Children and Family
Services, but only if | 8 | | the delinquent minor is under 16 years of age or, | 9 | | pursuant to Article II of this Act, a minor for whom an | 10 | | independent basis of abuse, neglect, or dependency | 11 | | exists. On and after January 1, 2017, placed in the | 12 | | guardianship of the Department of Children and Family
| 13 | | Services, but only if the delinquent minor is under 15 | 14 | | years of age or, pursuant to Article II of this Act, a | 15 | | minor for whom an independent basis of abuse, neglect, | 16 | | or dependency exists. An independent basis exists when | 17 | | the allegations or adjudication of abuse, neglect, or | 18 | | dependency do not arise from the same facts, incident, | 19 | | or circumstances which give rise to a charge or | 20 | | adjudication of delinquency;
| 21 | | (v) placed in detention for a period not to exceed | 22 | | 30 days, either as
the
exclusive order of disposition | 23 | | or, where appropriate, in conjunction with any
other | 24 | | order of disposition issued under this paragraph, | 25 | | provided that any such
detention shall be in a juvenile | 26 | | detention home and the minor so detained shall
be 10 |
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| 1 | | years of age or older. However, the 30-day limitation | 2 | | may be extended by
further order of the court for a | 3 | | minor under age 15 committed to the Department
of | 4 | | Children and Family Services if the court finds that | 5 | | the minor is a danger
to himself or others. The minor | 6 | | shall be given credit on the sentencing order
of | 7 | | detention for time spent in detention under Sections | 8 | | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 9 | | result of the offense for which the sentencing order | 10 | | was imposed.
The court may grant credit on a sentencing | 11 | | order of detention entered under a
violation of | 12 | | probation or violation of conditional discharge under | 13 | | Section
5-720 of this Article for time spent in | 14 | | detention before the filing of the
petition
alleging | 15 | | the violation. A minor shall not be deprived of credit | 16 | | for time spent
in detention before the filing of a | 17 | | violation of probation or conditional
discharge | 18 | | alleging the same or related act or acts. The | 19 | | limitation that the minor shall only be placed in a | 20 | | juvenile detention home does not apply as follows: | 21 | | Persons 18 years of age and older who have a | 22 | | petition of delinquency filed against them may be | 23 | | confined in an adult detention facility. In making a | 24 | | determination whether to confine a person 18 years of | 25 | | age or older who has a petition of delinquency filed | 26 | | against the person, these factors, among other |
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| 1 | | matters, shall be considered: | 2 | | (A) the age of the person; | 3 | | (B) any previous delinquent or criminal | 4 | | history of the person; | 5 | | (C) any previous abuse or neglect history of | 6 | | the person; | 7 | | (D) any mental health history of the person; | 8 | | and | 9 | | (E) any educational history of the person;
| 10 | | (vi) ordered partially or completely emancipated | 11 | | in accordance with the
provisions of the Emancipation | 12 | | of Minors Act;
| 13 | | (vii) subject to having his or her driver's license | 14 | | or driving
privileges
suspended for such time as | 15 | | determined by the court but only until he or she
| 16 | | attains 18 years of age;
| 17 | | (viii) put on probation or conditional discharge | 18 | | and placed in detention
under Section 3-6039 of the | 19 | | Counties Code for a period not to exceed the period
of | 20 | | incarceration permitted by law for adults found guilty | 21 | | of the same offense
or offenses for which the minor was | 22 | | adjudicated delinquent, and in any event no
longer than | 23 | | upon attainment of age 21; this subdivision (viii) | 24 | | notwithstanding
any contrary provision of the law;
| 25 | | (ix) ordered to undergo a medical or other | 26 | | procedure to have a tattoo
symbolizing allegiance to a |
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| 1 | | street gang removed from his or her body; or | 2 | | (x) placed in electronic home detention under Part | 3 | | 7A of this Article.
| 4 | | (b) A minor found to be guilty may be committed to the | 5 | | Department of
Juvenile Justice under Section 5-750 if the | 6 | | minor is at least 13 years and under 20 years of age,
| 7 | | provided that the commitment to the Department of Juvenile | 8 | | Justice shall be made only if the minor was found guilty of | 9 | | a felony offense or first degree murder. The court shall | 10 | | include in the sentencing order any pre-custody credits the | 11 | | minor is entitled to under Section 5-4.5-100 of the Unified | 12 | | Code of Corrections. The time during which a minor is in | 13 | | custody before being released
upon the request of a parent, | 14 | | guardian or legal custodian shall also be considered
as | 15 | | time spent in custody.
| 16 | | (c) When a minor is found to be guilty for an offense | 17 | | which is a violation
of the Illinois Controlled Substances | 18 | | Act, the Cannabis Control Act, or the Methamphetamine | 19 | | Control and Community Protection Act and made
a ward of the | 20 | | court, the court may enter a disposition order requiring | 21 | | the
minor to undergo assessment,
counseling or treatment in | 22 | | a substance abuse program approved by the Department
of | 23 | | Human Services.
| 24 | | (2) Any sentencing order other than commitment to the | 25 | | Department of
Juvenile Justice may provide for protective | 26 | | supervision under
Section 5-725 and may include an order of |
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| 1 | | protection under Section 5-730.
| 2 | | (3) Unless the sentencing order expressly so provides, it | 3 | | does not operate
to close proceedings on the pending petition, | 4 | | but is subject to modification
until final closing and | 5 | | discharge of the proceedings under Section 5-750.
| 6 | | (4) In addition to any other sentence, the court may order | 7 | | any
minor
found to be delinquent to make restitution, in | 8 | | monetary or non-monetary form,
under the terms and conditions | 9 | | of Section 5-5-6 of the Unified Code of
Corrections, except | 10 | | that the "presentencing hearing" referred to in that
Section
| 11 | | shall be
the sentencing hearing for purposes of this Section. | 12 | | The parent, guardian or
legal custodian of the minor may be | 13 | | ordered by the court to pay some or all of
the restitution on | 14 | | the minor's behalf, pursuant to the Parental Responsibility
| 15 | | Law. The State's Attorney is authorized to act
on behalf of any | 16 | | victim in seeking restitution in proceedings under this
| 17 | | Section, up to the maximum amount allowed in Section 5 of the | 18 | | Parental
Responsibility Law.
| 19 | | (5) Any sentencing order where the minor is committed or | 20 | | placed in
accordance
with Section 5-740 shall provide for the | 21 | | parents or guardian of the estate of
the minor to pay to the | 22 | | legal custodian or guardian of the person of the minor
such | 23 | | sums as are determined by the custodian or guardian of the | 24 | | person of the
minor as necessary for the minor's needs. The | 25 | | payments may not exceed the
maximum amounts provided for by | 26 | | Section 9.1 of the Children and Family Services
Act.
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| 1 | | (6) Whenever the sentencing order requires the minor to | 2 | | attend school or
participate in a program of training, the | 3 | | truant officer or designated school
official shall regularly | 4 | | report to the court if the minor is a chronic or
habitual | 5 | | truant under Section 26-2a of the School Code. Notwithstanding | 6 | | any other provision of this Act, in instances in which | 7 | | educational services are to be provided to a minor in a | 8 | | residential facility where the minor has been placed by the | 9 | | court, costs incurred in the provision of those educational | 10 | | services must be allocated based on the requirements of the | 11 | | School Code.
| 12 | | (7) In no event shall a guilty minor be committed to the | 13 | | Department of
Juvenile Justice for a period of time in
excess | 14 | | of
that period for which an adult could be committed for the | 15 | | same act. The court shall include in the sentencing order a | 16 | | limitation on the period of confinement not to exceed the | 17 | | maximum period of imprisonment the court could impose under | 18 | | Article V of the Unified Code of Corrections.
| 19 | | (7.5) In no event shall a guilty minor be committed to the | 20 | | Department of Juvenile Justice or placed in detention when the | 21 | | act for which the minor was adjudicated delinquent would not be | 22 | | illegal if committed by an adult. | 23 | | (7.6) In no event shall a guilty minor be committed to the | 24 | | Department of Juvenile Justice for an offense which is a Class | 25 | | 4 felony under Section 19-4 (criminal trespass to a residence), | 26 | | 21-1 (criminal damage to property), 21-1.01 (criminal damage to |
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| 1 | | government supported property), 21-1.3 (criminal defacement of | 2 | | property), 26-1 (disorderly conduct), or 31-4 (obstructing | 3 | | justice) , of the Criminal Code of 2012. | 4 | | (7.75) In no event shall a guilty minor be committed to the | 5 | | Department of Juvenile Justice for an offense that is a Class 3 | 6 | | or Class 4 felony violation of the Illinois Controlled | 7 | | Substances Act unless the commitment occurs upon a third or | 8 | | subsequent judicial finding of a violation of probation for | 9 | | substantial noncompliance with court-ordered court ordered | 10 | | treatment or programming. | 11 | | (8) A minor found to be guilty for reasons that include a | 12 | | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | 13 | | Criminal Code of 2012 shall be ordered to perform
community | 14 | | service for not less than 30 and not more than 120 hours, if
| 15 | | community service is available in the jurisdiction. The | 16 | | community service
shall include, but need not be limited to, | 17 | | the cleanup and repair of the damage
that was caused by the | 18 | | violation or similar damage to property located in the
| 19 | | municipality or county in which the violation occurred. The | 20 | | order may be in
addition to any other order authorized by this | 21 | | Section.
| 22 | | (8.5) A minor found to be guilty for reasons that include a | 23 | | violation of
Section
3.02 or Section 3.03 of the Humane Care | 24 | | for Animals Act or paragraph (d) of
subsection (1) of
Section | 25 | | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | 26 | | subsection (a) of Section 21-1 of the Criminal Code of 2012 |
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| 1 | | shall be ordered to undergo medical or psychiatric treatment | 2 | | rendered by
a
psychiatrist or psychological treatment rendered | 3 | | by a clinical psychologist.
The order
may be in addition to any | 4 | | other order authorized by this Section.
| 5 | | (9) In addition to any other sentencing order, the court | 6 | | shall order any
minor found
to be guilty for an act which would | 7 | | constitute, predatory criminal sexual
assault of a child, | 8 | | aggravated criminal sexual assault, criminal sexual
assault, | 9 | | aggravated criminal sexual abuse, or criminal sexual abuse if
| 10 | | committed by an
adult to undergo medical testing to determine | 11 | | whether the defendant has any
sexually transmissible disease | 12 | | including a test for infection with human
immunodeficiency | 13 | | virus (HIV) or any other identified causative agency of
| 14 | | acquired immunodeficiency syndrome (AIDS). Any medical test | 15 | | shall be performed
only by appropriately licensed medical | 16 | | practitioners and may include an
analysis of any bodily fluids | 17 | | as well as an examination of the minor's person.
Except as | 18 | | otherwise provided by law, the results of the test shall be | 19 | | kept
strictly confidential by all medical personnel involved in | 20 | | the testing and must
be personally delivered in a sealed | 21 | | envelope to the judge of the court in which
the sentencing | 22 | | order was entered for the judge's inspection in camera. Acting
| 23 | | in accordance with the best interests of the victim and the | 24 | | public, the judge
shall have the discretion to determine to | 25 | | whom the results of the testing may
be revealed. The court | 26 | | shall notify the minor of the results of the test for
infection |
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| 1 | | with the human immunodeficiency virus (HIV). The court shall | 2 | | also
notify the victim if requested by the victim, and if the | 3 | | victim is under the
age of 15 and if requested by the victim's | 4 | | parents or legal guardian, the court
shall notify the victim's | 5 | | parents or the legal guardian, of the results of the
test for | 6 | | infection with the human immunodeficiency virus (HIV). The | 7 | | court
shall provide information on the availability of HIV | 8 | | testing and counseling at
the Department of Public Health | 9 | | facilities to all parties to whom the
results of the testing | 10 | | are revealed. The court shall order that the cost of
any test | 11 | | shall be paid by the county and may be taxed as costs against | 12 | | the
minor.
| 13 | | (10) When a court finds a minor to be guilty the court | 14 | | shall, before
entering a sentencing order under this Section, | 15 | | make a finding whether the
offense committed either: (a) was | 16 | | related to or in furtherance of the criminal
activities of an | 17 | | organized gang or was motivated by the minor's membership in
or | 18 | | allegiance to an organized gang, or (b) involved a violation of
| 19 | | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | 20 | | or the Criminal Code of 2012, a violation of
any
Section of | 21 | | Article 24 of the Criminal Code of 1961 or the Criminal Code of | 22 | | 2012, or a violation of any
statute that involved the wrongful | 23 | | use of a firearm. If the court determines
the question in the | 24 | | affirmative,
and the court does not commit the minor to the | 25 | | Department of Juvenile Justice, the court shall order the minor | 26 | | to perform community service
for not less than 30 hours nor |
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| 1 | | more than 120 hours, provided that community
service is | 2 | | available in the jurisdiction and is funded and approved by the
| 3 | | county board of the county where the offense was committed. The | 4 | | community
service shall include, but need not be limited to, | 5 | | the cleanup and repair of
any damage caused by a violation of | 6 | | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | 7 | | Code of 2012
and similar damage to property located in the | 8 | | municipality or county in which
the violation occurred. When | 9 | | possible and reasonable, the community service
shall be | 10 | | performed in the minor's neighborhood. This order shall be in
| 11 | | addition to any other order authorized by this Section
except | 12 | | for an order to place the minor in the custody of the | 13 | | Department of
Juvenile Justice. For the purposes of this | 14 | | Section, "organized
gang" has the meaning ascribed to it in | 15 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus | 16 | | Prevention Act.
| 17 | | (11) If the court determines that the offense was committed | 18 | | in furtherance of the criminal activities of an organized gang, | 19 | | as provided in subsection (10), and that the offense involved | 20 | | the operation or use of a motor vehicle or the use of a | 21 | | driver's license or permit, the court shall notify the | 22 | | Secretary of State of that determination and of the period for | 23 | | which the minor shall be denied driving privileges. If, at the | 24 | | time of the determination, the minor does not hold a driver's | 25 | | license or permit, the court shall provide that the minor shall | 26 | | not be issued a driver's license or permit until his or her |
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| 1 | | 18th birthday. If the minor holds a driver's license or permit | 2 | | at the time of the determination, the court shall provide that | 3 | | the minor's driver's license or permit shall be revoked until | 4 | | his or her 21st birthday, or until a later date or occurrence | 5 | | determined by the court. If the minor holds a driver's license | 6 | | at the time of the determination, the court may direct the | 7 | | Secretary of State to issue the minor a judicial driving | 8 | | permit, also known as a JDP. The JDP shall be subject to the | 9 | | same terms as a JDP issued under Section 6-206.1 of the | 10 | | Illinois Vehicle Code, except that the court may direct that | 11 | | the JDP be effective immediately.
| 12 | | (12) (Blank). If a minor is found to be guilty of a | 13 | | violation of
subsection (a-7) of Section 1 of the Prevention of | 14 | | Tobacco Use by Minors Act, the
court may, in its discretion, | 15 | | and upon
recommendation by the State's Attorney, order that | 16 | | minor and his or her parents
or legal
guardian to attend a | 17 | | smoker's education or youth diversion program as defined
in | 18 | | that Act if that
program is available in the jurisdiction where | 19 | | the offender resides.
Attendance at a smoker's education or | 20 | | youth diversion program
shall be time-credited against any | 21 | | community service time imposed for any
first violation of | 22 | | subsection (a-7) of Section 1 of that Act. In addition to any
| 23 | | other
penalty
that the court may impose for a violation of | 24 | | subsection (a-7) of Section 1 of
that Act, the
court, upon | 25 | | request by the State's Attorney, may in its discretion
require
| 26 | | the offender to remit a fee for his or her attendance at a |
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| 1 | | smoker's
education or
youth diversion program.
| 2 | | For purposes of this Section, "smoker's education program" | 3 | | or "youth
diversion program" includes, but is not limited to, a | 4 | | seminar designed to
educate a person on the physical and | 5 | | psychological effects of smoking tobacco
products and the | 6 | | health consequences of smoking tobacco products that can be
| 7 | | conducted with a locality's youth diversion program.
| 8 | | In addition to any other penalty that the court may impose | 9 | | under this
subsection
(12):
| 10 | | (a) If a minor violates subsection (a-7) of Section 1 | 11 | | of the Prevention of
Tobacco Use by Minors Act, the court | 12 | | may
impose a sentence of 15 hours of
community service or a | 13 | | fine of $25 for a first violation.
| 14 | | (b) A second violation by a minor of subsection (a-7) | 15 | | of Section 1 of that Act
that occurs
within 12 months after | 16 | | the first violation is punishable by a fine of $50 and
25
| 17 | | hours of community service.
| 18 | | (c) A third or subsequent violation by a minor of | 19 | | subsection (a-7) of Section
1 of that Act
that
occurs | 20 | | within 12 months after the first violation is punishable by | 21 | | a $100
fine
and 30 hours of community service.
| 22 | | (d) Any second or subsequent violation not within the | 23 | | 12-month time period
after the first violation is | 24 | | punishable as provided for a first violation.
| 25 | | (Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15; | 26 | | 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, eff. 1-1-17; |
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| 1 | | revised 9-2-16.) | 2 | | Section 25. The Prevention of Tobacco Use by
Minors and | 3 | | Sale and Distribution of Tobacco Products Act is amended by | 4 | | changing the title of the Act and Sections 0.01, 1, and 2 as | 5 | | follows:
| 6 | | (720 ILCS 675/Act title)
| 7 | | An Act to prohibit persons under 21 years of age minors | 8 | | from buying or ,
selling , or possessing
tobacco in any of its | 9 | | forms, to prohibit selling,
giving or
furnishing tobacco, in | 10 | | any of its forms, to persons under 21 years of age minors , and | 11 | | to prohibit the distribution of tobacco samples 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 Persons under 21 years of Age
| 16 | | Minors and Sale and Distribution of Tobacco Products Act.
| 17 | | (Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10; | 18 | | 96-1000, eff. 7-2-10.)
| 19 | | (720 ILCS 675/1) (from Ch. 23, par. 2357)
| 20 | | Sec. 1. Prohibition on sale to and possession of tobacco | 21 | | products, electronic cigarettes, and alternative nicotine | 22 | | products to persons under 21 years of age by minors ; |
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| 1 | | prohibition on the distribution of tobacco product samples, | 2 | | electronic cigarette samples, and alternative nicotine product | 3 | | samples to any person; use of identification cards; vending | 4 | | machines; lunch
wagons; out-of-package sales.
| 5 | | (a) No person minor under 21 18 years of age shall buy any | 6 | | tobacco product , electronic cigarette, or alternative nicotine | 7 | | product . No person shall sell, buy
for, distribute samples of | 8 | | or furnish any tobacco product , electronic cigarette, or any | 9 | | alternative nicotine product to any person minor under 21 18 | 10 | | years of age. | 11 | | (a-5) No person minor under 16 years of
age may sell any | 12 | | tobacco product , electronic cigarette, or alternative nicotine | 13 | | product at a retail
establishment selling tobacco products , | 14 | | electronic
cigarettes, or alternative nicotine products . This | 15 | | subsection does not apply
to a sales clerk in a family-owned | 16 | | business which can prove that the sales
clerk
is in fact a son | 17 | | or daughter of the owner.
| 18 | | (a-5.1) Before selling, offering for sale, giving, or
| 19 | | furnishing a tobacco product, electronic cigarette, or | 20 | | alternative nicotine product to
another person, the person | 21 | | selling, offering for sale, giving,
or furnishing the tobacco | 22 | | product, electronic cigarette, or alternative nicotine product | 23 | | shall
verify that the person is at least 21 years of age by: | 24 | | (1) examining from any person that appears to be under
| 25 | | 30 years of age a government-issued photographic
| 26 | | identification that establishes the person to be 21 years
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| 1 | | of age or older; or | 2 | | (2) for sales of tobacco products, electronic | 3 | | cigarettes, or alternative nicotine products made through | 4 | | the
Internet or other remote sales methods, performing an | 5 | | age
verification through an independent, third party age
| 6 | | verification service that compares information available
| 7 | | from public records to the personal information entered by
| 8 | | the person during the ordering process that establishes the
| 9 | | person is 21 years of age or older. | 10 | | (a-6) No person minor under 21 18 years of age in the | 11 | | furtherance or facilitation of obtaining any tobacco product ,
| 12 | | electronic cigarette, or alternative nicotine product shall | 13 | | display or use a false or forged identification card or | 14 | | transfer, alter, or deface an identification card.
| 15 | | (a-7) (Blank). No minor under 18 years of age shall | 16 | | possess any cigar, cigarette,
smokeless tobacco, or tobacco in | 17 | | any of its forms. | 18 | | (a-8) A person shall not distribute without charge samples | 19 | | of any tobacco product , electronic cigarette, or alternative | 20 | | nicotine product to any other person, regardless of age: | 21 | | (1) within a retail establishment selling tobacco | 22 | | products, electronic cigarettes, or alternative nicotine | 23 | | products unless the retailer has verified the purchaser's | 24 | | age with a government issued identification; | 25 | | (2) from a lunch wagon; or | 26 | | (3) on a public way as a promotion or advertisement of |
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| 1 | | a tobacco manufacturer , or tobacco product , electronic | 2 | | cigarette, or alternative nicotine product . | 3 | | This subsection (a-8) does not apply to the distribution of | 4 | | a tobacco product , electronic cigarette, or alternative | 5 | | nicotine product sample in any adult-only facility. | 6 | | (a-9) For the purpose of this Section: | 7 | | "Adult-only facility means a facility or restricted | 8 | | area (whether open-air or enclosed) where the operator | 9 | | ensures or has a reasonable basis to believe (such as by | 10 | | checking identification as required under State law, or by | 11 | | checking the identification of any person appearing to be | 12 | | under the age of 30 27 ) that no person under legal age is | 13 | | present. A facility or restricted area need not be | 14 | | permanently restricted to persons under 21 years of legal | 15 | | age to constitute an adult-only facility, provided that the | 16 | | operator ensures or has a reasonable basis to believe that | 17 | | no person under 21 years of legal age is present during the | 18 | | event or time period in question. | 19 | | "Alternative nicotine product" means a product or | 20 | | device not consisting of or containing tobacco that | 21 | | provides for the ingestion into the body of nicotine, | 22 | | whether by chewing, smoking, absorbing, dissolving, | 23 | | inhaling, snorting, sniffing, or by any other means. | 24 | | "Alternative nicotine product" does not include: | 25 | | cigarettes as defined in Section 1 of the Cigarette Tax Act | 26 | | and tobacco products as defined in Section 10-5 of the |
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| 1 | | Tobacco Products Tax Act of 1995; tobacco product and | 2 | | electronic cigarette as defined in this Section; or any | 3 | | product approved by the United States Food and Drug | 4 | | Administration for sale as a tobacco cessation product, as | 5 | | a tobacco dependence product, or for other medical | 6 | | purposes, and is being marketed and sold solely for that | 7 | | approved purpose. | 8 | | "Electronic cigarette" means: | 9 | | (1) any device that employs a battery or other
| 10 | | mechanism to heat a solution or substance to produce a
| 11 | | vapor or aerosol intended for inhalation; | 12 | | (2) any cartridge or container of a solution or
| 13 | | substance intended to be used with or in the device or to
| 14 | | refill the device; or | 15 | | (3) any solution or substance, whether or not it
| 16 | | contains nicotine intended for use in the device.
| 17 | | "Electronic cigarette" includes, but is not limited to, any
| 18 | | electronic nicotine delivery system, electronic cigar,
| 19 | | electronic cigarillo, electronic pipe, electronic hookah,
| 20 | | vape pen, or similar product or device, and any components
| 21 | | or parts that can be used to build the product or device.
| 22 | | "Electronic cigarette" does not include: cigarettes as | 23 | | defined in
Section 1 of the Cigarette Tax Act and tobacco | 24 | | products as
defined in Section 10-5 of the Tobacco Products | 25 | | Tax Act of
1995; tobacco product and alternative nicotine | 26 | | product as defined in this Section; any product approved by |
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| 1 | | the United States Food and Drug Administration for sale as | 2 | | a tobacco cessation product, as a tobacco dependence | 3 | | product, or for other medical purposes, and is being | 4 | | marketed and sold solely for that approved purpose; any | 5 | | asthma
inhaler prescribed by a physician for that condition | 6 | | and is being marketed and sold solely for that approved | 7 | | purpose; or any therapeutic product approved for use under | 8 | | the Compassionate Use of Medical Cannabis
Pilot Program | 9 | | Act. | 10 | | "Lunch wagon" means a mobile vehicle
designed and | 11 | | constructed to transport food and from which food is sold | 12 | | to the
general public. | 13 | | "Nicotine" means any form of the chemical nicotine, | 14 | | including any salt or complex, regardless of whether the | 15 | | chemical is naturally or synthetically derived. | 16 | | "Smokeless tobacco" means any tobacco
products that | 17 | | are suitable for dipping or chewing.
| 18 | | "Tobacco product" means any product containing or made
| 19 | | from tobacco that is intended for human consumption,
| 20 | | whether smoked, heated, chewed, absorbed, dissolved,
| 21 | | inhaled, snorted, sniffed, or ingested by any other means,
| 22 | | including, but not limited to, cigarettes, cigars, little
| 23 | | cigars, chewing tobacco, pipe tobacco, snuff, snus, and any | 24 | | other smokeless tobacco product which contains tobacco | 25 | | that is finely cut, ground, powdered, or leaf and intended | 26 | | to be placed in the oral cavity.
"Tobacco product" includes |
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| 1 | | any component, part, or
accessory of a tobacco product, | 2 | | whether or not sold
separately. "Tobacco product" does not | 3 | | include: an electronic cigarette and alternative nicotine | 4 | | product as defined in this Section; or any product
that has | 5 | | been approved by the United States Food and Drug
| 6 | | Administration for sale as a tobacco cessation product, as | 7 | | a tobacco dependence product, or
for other medical | 8 | | purposes, and is being marketed and sold solely for that | 9 | | approved purpose means any cigar, cigarette, smokeless | 10 | | tobacco, or tobacco in any of its
forms . | 11 | | (b) Tobacco products , electronic cigarettes, and | 12 | | alternative nicotine products listed in this Section may be | 13 | | sold through a vending machine
only if such tobacco products , | 14 | | electronic cigarettes, and alternative nicotine products are | 15 | | not placed together with any non-tobacco product, other than | 16 | | matches, in the vending machine and the vending machine is in
| 17 | | any of the following locations:
| 18 | | (1) (Blank).
| 19 | | (2) Places to which persons minors under 21 18 years of | 20 | | age are not permitted access at any time .
| 21 | | (3) Places where alcoholic beverages are sold and | 22 | | consumed on the
premises and vending machine operation is | 23 | | under the direct supervision of the owner or manager.
| 24 | | (4) (Blank).
| 25 | | (5) (Blank). Places where the vending machine can only | 26 | | be operated by the owner or
an employee over age 18 either |
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| 1 | | directly or through a remote control device if
the device | 2 | | is inaccessible to all customers.
| 3 | | (c) (Blank).
| 4 | | (d) The sale or distribution by any person of a tobacco | 5 | | product as defined in this Section, including but not limited | 6 | | to a single or loose cigarette, that is not contained within a | 7 | | sealed container, pack, or package as provided by the | 8 | | manufacturer, which container, pack, or package bears the | 9 | | health warning required by federal law, is prohibited.
| 10 | | (e) It is not a violation of this Act for a person under 21 | 11 | | 18 years of age to purchase or possess a tobacco product, | 12 | | electronic cigarette, or alternative nicotine product cigar, | 13 | | cigarette, smokeless tobacco or tobacco in any of its forms if | 14 | | the person under the age of 21 18 purchases or is given the | 15 | | cigar, cigarette, smokeless tobacco or tobacco product, | 16 | | electronic cigarette, or alternative nicotine product in any of | 17 | | its forms from a retail seller of tobacco products , electronic | 18 | | cigarettes, or alternative nicotine products or an employee of | 19 | | the retail seller pursuant to a plan or action to investigate, | 20 | | patrol, or otherwise conduct a "sting operation" or enforcement | 21 | | action against a retail seller of tobacco products , electronic | 22 | | cigarettes, or alternative nicotine products or a person | 23 | | employed by the retail seller of tobacco products , electronic | 24 | | cigarettes, or alternative nicotine products or on any premises | 25 | | authorized to sell tobacco products , electronic cigarettes, or | 26 | | alternative nicotine products to determine if tobacco |
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| 1 | | products , electronic cigarettes, or alternative nicotine | 2 | | products are being sold or given to persons under 21 18 years | 3 | | of age if the "sting operation" or enforcement action is | 4 | | approved by, conducted by, or conducted on behalf of the | 5 | | Department of State Police, the county sheriff, a municipal | 6 | | police department, the Department of Revenue, the Department of | 7 | | Public Health, or a local health department. The results of any | 8 | | sting operation or enforcement action, including the name of | 9 | | the clerk, shall be provided to the retail seller within 7 | 10 | | business days. | 11 | | (Source: P.A. 98-1055, eff. 1-1-16 .)
| 12 | | (720 ILCS 675/2) (from Ch. 23, par. 2358)
| 13 | | Sec. 2. Penalties. | 14 | | (a) Any person who violates subsection (a) , or (a-5) ,
| 15 | | (a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or | 16 | | (c) of Section 1.5 of this Act is guilty of a petty offense. | 17 | | For the first offense in a 24-month period, the person shall be | 18 | | fined $200 if his or her employer has a training program that | 19 | | facilitates compliance with minimum-age tobacco laws. For the | 20 | | second offense in a 24-month period, the person shall be fined | 21 | | $400 if his or her employer has a training program that | 22 | | facilitates compliance with minimum-age tobacco laws. For the | 23 | | third offense in a 24-month period, the person shall be fined | 24 | | $600 if his or her employer has a training program that | 25 | | facilitates compliance with minimum-age tobacco laws. For the |
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| 1 | | fourth or subsequent offense in a 24-month period, the person | 2 | | shall be fined $800 if his or her employer has a training | 3 | | program that facilitates compliance with minimum-age tobacco | 4 | | laws. For the purposes of this subsection, the 24-month period | 5 | | shall begin with the person's first violation of the Act. The | 6 | | penalties in this subsection are in addition to any other | 7 | | penalties prescribed under the Cigarette Tax Act and the | 8 | | Tobacco Products Tax Act of 1995. | 9 | | (a-5) Any retailer who violates subsection (a) , or (a-5) , | 10 | | (a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or | 11 | | (c) of Section 1.5 of this Act is guilty of a petty offense. | 12 | | For the first offense in a 24-month period , the retailer shall | 13 | | be fined $200 if it does not have a training program that | 14 | | facilitates compliance with minimum-age tobacco laws. For the | 15 | | second offense in a 24-month period , the retailer shall be | 16 | | fined $400 if it does not have a training program that | 17 | | facilitates compliance with minimum-age tobacco laws. For the | 18 | | third offense within a 24-month period , the retailer shall be | 19 | | fined $600 if it does not have a training program that | 20 | | facilitates compliance with minimum-age tobacco laws. For the | 21 | | fourth or subsequent offense in a 24-month period, the retailer | 22 | | shall be fined $800 if it does not have a training program that | 23 | | facilitates compliance with minimum-age tobacco laws. For the | 24 | | purposes of this subsection, the 24-month period shall begin | 25 | | with the person's first violation of the Act. The penalties in | 26 | | this subsection are in addition to any other penalties |
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| 1 | | prescribed under the Cigarette Tax Act and the Tobacco Products | 2 | | Tax Act of 1995. | 3 | | (a-6) For the purpose of this Act, a training program that | 4 | | facilitates compliance with minimum-age tobacco laws must | 5 | | include at least the following elements: (i) it must explain | 6 | | that only individuals displaying valid identification | 7 | | demonstrating that they are 21 18 years of age or older shall | 8 | | be eligible to purchase cigarettes or tobacco products , | 9 | | electronic cigarettes, or alternative nicotine products and | 10 | | (ii) it must explain where a clerk can check identification for | 11 | | a date of birth. The training may be conducted electronically. | 12 | | Each retailer that has a training program shall require each | 13 | | employee who completes the training program to sign a form | 14 | | attesting that the employee has received and completed tobacco | 15 | | training. The form shall be kept in the employee's file and may | 16 | | be used to provide proof of training.
| 17 | | (b) (Blank). If a minor violates subsection (a-7) of | 18 | | Section 1 or subsection (d) of Section 1.5 he or she is guilty | 19 | | of a petty offense and the court may
impose a sentence of 25 | 20 | | hours of
community
service and a fine of $50 for a first | 21 | | violation. If a minor violates subsection (a-6) of Section 1, | 22 | | he or she is guilty of a Class A misdemeanor.
| 23 | | (c) (Blank). A second violation by a minor of subsection | 24 | | (a-7) of Section 1 or subsection (d) of Section 1.5 that occurs
| 25 | | within 12 months after the first violation is punishable by a | 26 | | fine of $75 and 50
hours of community service.
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| 1 | | (d) (Blank). A third or subsequent violation by a minor of | 2 | | subsection (a-7) of Section
1
or subsection (d) of Section 1.5 | 3 | | that
occurs within 12 months after the first violation is | 4 | | punishable by a $200
fine
and 50 hours of community service.
| 5 | | (e) (Blank). Any second or subsequent violation not within | 6 | | the 12-month time period
after
the first violation is | 7 | | punishable as provided for a first violation.
| 8 | | (f) (Blank). If a minor is convicted of or placed on | 9 | | supervision for a violation of
subsection (a-6) or (a-7) of | 10 | | Section 1 or subsection (d) of Section 1.5, the court may, in | 11 | | its discretion, and upon
recommendation by the State's | 12 | | Attorney, order that minor and his or her parents
or legal
| 13 | | guardian to attend a smoker's education or youth diversion | 14 | | program if that
program is available in the jurisdiction where | 15 | | the offender resides.
Attendance at a smoker's education or | 16 | | youth diversion program
shall be time-credited against any | 17 | | community service time imposed for any
first violation of | 18 | | subsection (a-7) of Section 1. In addition to any other
penalty
| 19 | | that the court may impose for a violation of subsection (a-7) | 20 | | of Section 1 or subsection (d) of Section 1.5, the
court, upon | 21 | | request by the State's Attorney, may in its discretion
require
| 22 | | the offender to remit a fee for his or her attendance at a | 23 | | smoker's
education or
youth diversion program.
| 24 | | (g) (Blank). For purposes of this Section, "smoker's | 25 | | education
program"
or
"youth diversion program" includes, but | 26 | | is not limited to, a seminar designed
to educate a person on |
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| 1 | | the physical and psychological effects of smoking
tobacco | 2 | | products and alternative nicotine products and the health | 3 | | consequences of smoking tobacco products
and alternative | 4 | | nicotine products that can be conducted with a locality's youth | 5 | | diversion program.
| 6 | | (h) All moneys collected as fines for violations of | 7 | | subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or
(d) or | 8 | | (a-7) of
Section 1
and subsection (b), (c), or (d) of Section | 9 | | 1.5 shall be distributed in the following manner:
| 10 | | (1) one-half of each fine shall be distributed to the | 11 | | unit of local
government or other entity that successfully | 12 | | prosecuted the offender;
and
| 13 | | (2) one-half shall be remitted to the State to be used | 14 | | for enforcing this
Act.
| 15 | | Any violation of subsection (a) or (a-5) of Section 1 or | 16 | | subsection (b) or (c) of Section 1.5 shall be reported to the | 17 | | Department of Revenue within 7 business days. | 18 | | (Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16; | 19 | | 99-192, eff. 1-1-16; 99-496, eff. 6-1-16; revised 9-14-16.)
| 20 | | (720 ILCS 675/1.5 rep.) | 21 | | Section 30. The Prevention of Tobacco Use by
Minors and | 22 | | Sale and Distribution of Tobacco Products Act is amended by | 23 | | repealing Section 1.5. | 24 | | Section 35. The Display of
Tobacco Products Act is amended |
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| 1 | | by changing Sections 5, 10, and 15 as follows: | 2 | | (720 ILCS 677/5) | 3 | | Sec. 5. Definitions. In this Act:
| 4 | | "Electronic cigarette" "Alternative nicotine product" has | 5 | | the meaning ascribed to it in Section 1 1.5 of the Prevention | 6 | | of Tobacco Use by Persons under 21 Years of Age Minors and Sale | 7 | | and Distribution of Tobacco Products Act. | 8 | | "Alternative nicotine product" has
the meaning ascribed to | 9 | | it in Section 1 of the Prevention
of Tobacco Use by Persons | 10 | | under 21 Years of Age and Sale
and Distribution of Tobacco | 11 | | Products Act. | 12 | | "Line of sight" means visible to a cashier or other | 13 | | employee.
| 14 | | "Age restricted area" means a signed designated area in a | 15 | | retail establishment to which persons minors under 21 18 years | 16 | | of age are not permitted access unless accompanied by a parent | 17 | | or legal guardian.
| 18 | | (Source: P.A. 98-983, eff. 1-1-15 .) | 19 | | (720 ILCS 677/10) | 20 | | Sec. 10. Tobacco product displays. All single packs of | 21 | | cigarettes , and electronic cigarettes, and alternative | 22 | | nicotine products must be sold from behind the counter or in an | 23 | | age restricted area or in a sealed display case. Any other | 24 | | tobacco products must be sold in line of sight.
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| 1 | | The restrictions described in this Section do not apply to | 2 | | a
retail tobacco store that (i) derives at least 90% of its | 3 | | revenue from tobacco
and tobacco related products; (ii) does | 4 | | not permit persons under the age of 21 18
to enter the premises | 5 | | unless accompanied by a parent or legal guardian; and (iii) | 6 | | posts a sign on the main entrance way stating
that persons | 7 | | under the age of 21 18 are prohibited from entering unless | 8 | | accompanied by a parent or legal guardian.
| 9 | | (Source: P.A. 98-983, eff. 1-1-15 .) | 10 | | (720 ILCS 677/15)
| 11 | | Sec. 15. Vending machines. This Act does not prohibit the | 12 | | sale
of tobacco products , electronic cigarettes, or | 13 | | alternative nicotine products from vending machines if the | 14 | | location of the
vending machines are in compliance with the | 15 | | provisions of Section 1 of
the Prevention of Tobacco Use by | 16 | | Persons under
21 Years of Age Minors and Sale and Distribution | 17 | | of Tobacco Products
Act.
| 18 | | (Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10; | 19 | | 96-1000, eff. 7-2-10.) | 20 | | Section 40. The Prevention of Cigarette Sales to Minors Act | 21 | | is amended by changing Sections 1, 5, 6, 7, and 8 as follows: | 22 | | (720 ILCS 678/1)
| 23 | | Sec. 1. Short title. This Act may be cited as the |
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| 1 | | Prevention of Cigarette Sales to Persons Under 21 Years of Age | 2 | | Minors Act.
| 3 | | (Source: P.A. 93-960, eff. 8-20-04.) | 4 | | (720 ILCS 678/5) | 5 | | Sec. 5. Unlawful shipment or transportation of cigarettes. | 6 | | (a) It is unlawful for any person engaged in the business | 7 | | of selling cigarettes to ship or cause to be shipped any | 8 | | cigarettes unless the person shipping the cigarettes:
| 9 | | (1) is licensed as a distributor under either
the | 10 | | Cigarette Tax Act, or the Cigarette Use Tax Act; or
| 11 | | delivers the cigarettes to a distributor licensed under | 12 | | either the Cigarette Tax Act or the Cigarette Use Tax Act; | 13 | | or | 14 | | (2) ships them to an export warehouse proprietor | 15 | | pursuant to
Chapter 52 of the Internal Revenue Code, or an | 16 | | operator of
a customs bonded warehouse pursuant to Section | 17 | | 1311 or
1555 of Title 19 of the United States Code.
| 18 | | For purposes of this subsection (a), a person is a licensed | 19 | | distributor if the person's name appears on a list of licensed | 20 | | distributors published by the Illinois Department of Revenue.
| 21 | | The term cigarette has the same meaning as defined in Section 1 | 22 | | of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax | 23 | | Act.
Nothing in this Act prohibits a person licensed as a | 24 | | distributor under the Cigarette Tax Act or the Cigarette Use | 25 | | Tax Act from shipping or causing to be shipped any cigarettes |
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| 1 | | to a registered retailer under the Retailers' Occupation Tax | 2 | | Act provided the cigarette tax or cigarette use tax has been | 3 | | paid.
| 4 | | (b) A common or contract carrier may transport cigarettes | 5 | | to any individual person in this State only if the carrier | 6 | | reasonably believes such cigarettes have been received from a | 7 | | person described in paragraph (a)(1). Common or contract | 8 | | carriers may make deliveries of cigarettes to licensed | 9 | | distributors described in paragraph (a)(1) of this Section. | 10 | | Nothing in this subsection (b) shall be construed to prohibit a | 11 | | person other than a common or contract carrier from | 12 | | transporting not more than 1,000 cigarettes at any one time to | 13 | | any person in this State.
| 14 | | (c) A common or contract carrier may not complete the | 15 | | delivery of any cigarettes to persons other than those | 16 | | described in paragraph (a)(1) of this Section without first | 17 | | obtaining from the purchaser an official written | 18 | | identification from any state or federal agency that displays | 19 | | the person's date of birth or a birth certificate that includes | 20 | | a reliable confirmation that the purchaser is at least 21 18 | 21 | | years of age; that the cigarettes purchased are not intended | 22 | | for consumption by an individual who is younger than 21 18 | 23 | | years of age; and a written statement signed by the purchaser | 24 | | that certifies the purchaser's address and that the purchaser | 25 | | is at least 21 18 years of age. The statement shall also | 26 | | confirm: (1) that the purchaser understands that signing |
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| 1 | | another person's name to the certification is illegal; (2) that | 2 | | the sale of cigarettes to individuals under 21 18 years of age | 3 | | is illegal; and (3) that the purchase of cigarettes by | 4 | | individuals under 21 18 years of age is illegal under the laws | 5 | | of Illinois. | 6 | | (d) When a person engaged in the business of selling
| 7 | | cigarettes ships or causes to be shipped any cigarettes to any | 8 | | person in this State, other than in the cigarette | 9 | | manufacturer's or tobacco products manufacturer's original | 10 | | container or wrapping, the container or wrapping must be | 11 | | plainly and visibly marked with the word "cigarettes".
| 12 | | (e) When a peace officer of this State or any duly | 13 | | authorized officer or employee of the Illinois Department of | 14 | | Public Health or Department of Revenue discovers any cigarettes | 15 | | which have been or which are being shipped or transported in | 16 | | violation of this Section, he or she shall seize and take | 17 | | possession of the cigarettes, and the cigarettes shall be | 18 | | subject to a forfeiture action pursuant to the procedures | 19 | | provided under the Cigarette Tax Act or Cigarette Use Tax Act.
| 20 | | (Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.) | 21 | | (720 ILCS 678/6)
| 22 | | Sec. 6. Prevention of delivery sales to persons under 21 | 23 | | years of age minors . | 24 | | (a) No person shall make a delivery sale of cigarettes to | 25 | | any individual who is
under 21 18 years of age. |
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| 1 | | (b) Each person accepting a purchase order for a delivery | 2 | | sale shall comply with
the provisions of this Act and all other | 3 | | laws of this State generally applicable to sales of cigarettes | 4 | | that occur entirely within this State.
| 5 | | (Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.) | 6 | | (720 ILCS 678/7)
| 7 | | Sec. 7. Age verification and shipping requirements to | 8 | | prevent delivery sales to to persons under 21 of age minors . | 9 | | (a) No person, other than a delivery service, shall mail, | 10 | | ship, or otherwise cause to be delivered a shipping package in | 11 | | connection with a delivery sale unless the person: | 12 | | (1) prior to the first delivery sale to the prospective | 13 | | consumer, obtains
from the prospective consumer a written | 14 | | certification which includes a statement signed by the | 15 | | prospective consumer that certifies: | 16 | | (A) the prospective consumer's current address; | 17 | | and | 18 | | (B) that the prospective consumer is at least the | 19 | | legal minimum age; | 20 | | (2) informs, in writing, such prospective consumer | 21 | | that: | 22 | | (A) the signing of another person's name to the | 23 | | certification described in
this Section is illegal; | 24 | | (B) sales of cigarettes to individuals under 21 18 | 25 | | years of age are
illegal; |
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| 1 | | (C) the purchase of cigarettes by individuals | 2 | | under 21 18 years of age
is illegal; and | 3 | | (D) the name and identity of the prospective | 4 | | consumer may be reported to
the state of the consumer's | 5 | | current address under the Act of October 19, 1949 (15 | 6 | | U.S.C. § 375, et seq.), commonly known as the Jenkins | 7 | | Act; | 8 | | (3) makes a good faith effort to verify the date of | 9 | | birth of the prospective
consumer provided pursuant to this | 10 | | Section by: | 11 | | (A) comparing the date of birth against a | 12 | | commercially available database;
or | 13 | | (B) obtaining a photocopy or other image of a | 14 | | valid, government-issued
identification stating the | 15 | | date of birth or age of the prospective consumer; | 16 | | (4) provides to the prospective consumer a notice that | 17 | | meets the requirements of
subsection (b); | 18 | | (5) receives payment for the delivery sale from the | 19 | | prospective consumer by a
credit or debit card that has | 20 | | been issued in such consumer's name, or by a check or other | 21 | | written instrument in such consumer's name; and | 22 | | (6) ensures that the shipping package is delivered to | 23 | | the same address as is shown
on the government-issued | 24 | | identification or contained in the commercially available | 25 | | database. | 26 | | (b) The notice required under this Section shall include: |
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| 1 | | (1) a statement that cigarette sales to consumers below | 2 | | 21 18 years of age are
illegal; | 3 | | (2) a statement that sales of cigarettes are restricted | 4 | | to those consumers who
provide verifiable proof of age in | 5 | | accordance with subsection (a); | 6 | | (3) a statement that cigarette sales are subject to tax | 7 | | under Section 2 of the
Cigarette Tax Act (35 ILCS 130/2), | 8 | | Section 2 of the Cigarette Use Tax Act, and Section 3 of | 9 | | the Use Tax Act and an explanation of how the correct tax | 10 | | has been, or is to be, paid with respect to such delivery | 11 | | sale. | 12 | | (c) A statement meets the requirement of this Section if: | 13 | | (1) the statement is clear and conspicuous; | 14 | | (2) the statement is contained in a printed box set | 15 | | apart from the other contents of
the communication; | 16 | | (3) the statement is printed in bold, capital letters; | 17 | | (4) the statement is printed with a degree of color | 18 | | contrast between the
background and the printed statement | 19 | | that is no less than the color contrast between the | 20 | | background and the largest text used in the communication; | 21 | | and | 22 | | (5) for any printed material delivered by electronic | 23 | | means, the statement appears
at both the top and the bottom | 24 | | of the electronic mail message or both the top and the | 25 | | bottom of the Internet website homepage. | 26 | | (d) Each person, other than a delivery service, who mails, |
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| 1 | | ships, or otherwise causes to be delivered a shipping package | 2 | | in connection with a delivery sale shall: | 3 | | (1) include as part of the shipping documents a clear | 4 | | and conspicuous statement
stating: "Cigarettes: Illinois | 5 | | Law Prohibits Shipping to Individuals Under 21 18 and | 6 | | Requires the Payment of All Applicable Taxes"; | 7 | | (2) use a method of mailing, shipping, or delivery that | 8 | | requires a signature before
the shipping package is | 9 | | released to the consumer; and | 10 | | (3) ensure that the shipping package is not delivered | 11 | | to any post office box.
| 12 | | (Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.) | 13 | | (720 ILCS 678/8)
| 14 | | Sec. 8. Registration and reporting requirements to prevent | 15 | | delivery sales to persons under 21 years of age minors . | 16 | | (a) Not later than the 15th day of each month, each person | 17 | | making a delivery sale during the previous calendar month shall | 18 | | file a report with the Department containing the following | 19 | | information: | 20 | | (1) the seller's name, trade name, and the address of
| 21 | | such person's principal place of business and any other | 22 | | place of business; | 23 | | (2) the name and address of the consumer to whom such | 24 | | delivery sale
was made; | 25 | | (3) the brand style or brand styles of the cigarettes |
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| 1 | | that were sold in such
delivery sale; | 2 | | (4) the quantity of cigarettes that were sold in such | 3 | | delivery sale; | 4 | | (5) an indication of whether or not the cigarettes sold | 5 | | in the delivery sale
bore a tax stamp evidencing payment of | 6 | | the tax under Section 2 of the Cigarette Tax Act (35 ILCS | 7 | | 130/2); and | 8 | | (6) such other information the Department may require. | 9 | | (b) Each person engaged in business within this State who | 10 | | makes an out-of-state sale
shall, for each individual sale, | 11 | | submit to the appropriate tax official of the state in which | 12 | | the consumer is located the information required in subsection | 13 | | (a). | 14 | | (c) Any person that satisfies the requirements of 15 U.S.C. | 15 | | Section 376 shall be deemed to
satisfy the requirements of | 16 | | subsections (a) and (b). | 17 | | (d) The Department is authorized to disclose to the | 18 | | Attorney General any information
received under this title and | 19 | | requested by the Attorney General. The Department and the | 20 | | Attorney General shall share with each other the information | 21 | | received under this title and may share the information with | 22 | | other federal, State, or local agencies for purposes of | 23 | | enforcement of this title or the laws of the federal government | 24 | | or of other states. | 25 | | (e) This Section shall not be construed to impose liability | 26 | | upon any delivery service, or
officers or employees thereof, |
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| 1 | | when acting within the scope of business of the delivery | 2 | | service.
| 3 | | (f) The Department may establish procedures requiring | 4 | | electronic transmission of the information required by this | 5 | | Section directly to the Department on forms prescribed and | 6 | | furnished by the Department. | 7 | | (Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.) | 8 | | (720 ILCS 680/Act rep.) | 9 | | Section 45. The Smokeless Tobacco Limitation Act is | 10 | | repealed. | 11 | | Section 50. The Tobacco Accessories and Smoking Herbs | 12 | | Control Act is amended by changing Sections 2 and 4 as follows:
| 13 | | (720 ILCS 685/2) (from Ch. 23, par. 2358-2)
| 14 | | Sec. 2. Purpose. The sale and possession of marijuana, | 15 | | hashish, cocaine,
opium and their derivatives, is not only | 16 | | prohibited by Illinois Law, but
the use of these substances has | 17 | | been deemed injurious to the health of the user.
| 18 | | It has further been determined by the Surgeon General of | 19 | | the United States
that the use of tobacco is hazardous to human | 20 | | health.
| 21 | | The ready availability of smoking herbs to persons under 21 | 22 | | years of age minors could lead to the use
of tobacco and | 23 | | illegal drugs.
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| 1 | | It is in the best interests of the citizens of the State of | 2 | | Illinois to
seek to prohibit the spread of illegal drugs, | 3 | | tobacco or smoking materials
to persons under 21 years of age | 4 | | minors . The prohibition of the sale of tobacco and snuff | 5 | | accessories
and smoking herbs to persons under 21 years of age | 6 | | minors would help to curb the usage of illegal drugs
and | 7 | | tobacco products, among our youth.
| 8 | | (Source: P.A. 82-487.)
| 9 | | (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
| 10 | | Sec. 4. Offenses.
| 11 | | (a) Sale to persons under 21 years of age minors . No person | 12 | | shall knowingly sell,
barter, exchange, deliver or give away or | 13 | | cause or permit or procure to
be sold, bartered, exchanged, | 14 | | delivered, or given away tobacco accessories
or smoking herbs | 15 | | to any person under 21 18 years of age.
| 16 | | (a-5) Sale of bidi cigarettes. No person shall knowingly | 17 | | sell, barter,
exchange, deliver, or give away a bidi cigarette | 18 | | to another
person, nor shall a person cause or permit or | 19 | | procure a bidi cigarette to be
sold, bartered, exchanged, | 20 | | delivered, or given away to
another person.
| 21 | | (b) Sale of cigarette paper. No person shall knowingly | 22 | | offer, sell,
barter, exchange, deliver or give away cigarette | 23 | | paper or cause, permit, or
procure cigarette paper to be sold, | 24 | | offered, bartered, exchanged,
delivered, or given away except | 25 | | from premises or an establishment where other
tobacco
products |
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| 1 | | are sold. For purposes of this Section, "tobacco products" | 2 | | means
cigarettes, cigars, smokeless tobacco, or tobacco in any | 3 | | of its forms.
| 4 | | (b-5) Sale of flavored wrapping paper and wrapping leaf. A | 5 | | person shall not knowingly sell, give away, barter, exchange, | 6 | | or otherwise furnish to any person any wrapping paper or | 7 | | wrapping leaf, however characterized, including, without | 8 | | limitation, cigarette papers, blunt wraps, cigar wraps, or | 9 | | tubes of paper or leaf, or any similar device, for the purpose | 10 | | of making a roll of tobacco or herbs for smoking, that is or is | 11 | | held out to be, impregnated, scented, or imbibed with, or aged | 12 | | or dipped in, a characterizing flavor, other than tobacco or | 13 | | menthol, including, without limitation, alcoholic or liquor | 14 | | flavor, or both, chocolate, fruit flavoring, vanilla, peanut | 15 | | butter, jelly, or any combination of those flavors or similar | 16 | | child attractive scent or flavor. | 17 | | (c) Sale of cigarette paper from vending machines. No | 18 | | person shall
knowingly offer, sell, barter, exchange, deliver | 19 | | or give away cigarette
paper or cause, permit, or procure | 20 | | cigarette paper to be sold, offered,
bartered, exchanged, | 21 | | delivered, or
given away by use of a vending or coin-operated | 22 | | machine or device. For
purposes of this Section, "cigarette | 23 | | paper" shall not
include any paper that is incorporated into a | 24 | | product to which a tax stamp
must be affixed under the | 25 | | Cigarette Tax Act or the Cigarette Use Tax Act.
| 26 | | (d) Use of identification cards. No person in the |
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| 1 | | furtherance or
facilitation of obtaining smoking accessories | 2 | | and smoking herbs shall
display or use a false or forged | 3 | | identification card or transfer, alter, or
deface an | 4 | | identification card.
| 5 | | (e) Warning to persons under 21 years of age minors . Any | 6 | | person, firm, partnership, company or
corporation operating a | 7 | | place of business where tobacco accessories and
smoking herbs | 8 | | are sold or offered for sale shall post in a conspicuous
place | 9 | | upon the premises a sign upon which there shall be imprinted | 10 | | the
following statement, "SALE OF TOBACCO ACCESSORIES AND | 11 | | SMOKING HERBS TO
PERSONS UNDER 21 EIGHTEEN YEARS OF AGE OR THE | 12 | | MISREPRESENTATION OF AGE TO
PROCURE SUCH A SALE IS PROHIBITED | 13 | | BY LAW". The sign shall be printed on
a white card in red | 14 | | letters at least one-half inch in height.
| 15 | | (Source: P.A. 97-917, eff. 8-9-12.)".
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