Full Text of HB3877 100th General Assembly
HB3877ham001 100TH GENERAL ASSEMBLY | Rep. Kathleen Willis Filed: 3/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3877
| 2 | | AMENDMENT NO. ______. Amend House Bill 3877 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Vapor | 5 | | Products Regulatory Act. | 6 | | Section 5. Definitions. For purposes of this Act: | 7 | | "Adult-only facility" means a facility or restricted area | 8 | | (whether open-air or enclosed) where the operator ensures or | 9 | | has a reasonable basis to believe (such as by checking | 10 | | identification as required under State law, or by checking the | 11 | | identification of any person appearing to be under the age of | 12 | | 27) that no person under legal age is present. A facility or | 13 | | restricted area need not be permanently restricted to persons | 14 | | under legal age to constitute an adult-only facility, provided | 15 | | that the operator ensures or has a reasonable basis to believe | 16 | | that no person under legal age is present during the event or |
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| 1 | | time period in question.
| 2 | | "Age restricted area" means a signed designated area in a | 3 | | retail establishment to which minors under 18 years of age are | 4 | | not permitted access unless accompanied by a parent or legal | 5 | | guardian.
| 6 | | "Department" means the Department of Revenue.
| 7 | | "E-liquid" means a substance that contains nicotine and | 8 | | flavoring, substances, or other additives and is intended for | 9 | | use in a vapor product.
| 10 | | "Person" means any natural individual, firm, partnership, | 11 | | association, joint stock company, joint adventure, or public or | 12 | | private corporation, however formed, limited liability | 13 | | company, or a receiver, executor, administrator, trustee, | 14 | | conservator, or other representative appointed by order of any | 15 | | court.
| 16 | | "Records" means all data maintained by the retailer of | 17 | | vapor products, including data on paper, microfilm, | 18 | | microfiche, or any type of machine sensible data compilation.
| 19 | | "Retailer of vapor products" means any person in this State | 20 | | engaged in the business of selling e-liquids or vapor products | 21 | | to consumers in this State for use or consumption and not for | 22 | | resale in any form, for valuable consideration, regardless of | 23 | | amount, quantity, or number of sales.
"Retailer of vapor | 24 | | products" does not include any person or business subject to | 25 | | the Cigarette Tax Act, the Tobacco Products Tax Act of 1995, | 26 | | the Prevention of Tobacco Use By Minors and Sale and |
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| 1 | | Distribution of Tobacco Products Act, the Display of Tobacco | 2 | | Products Act, or the Compassionate Use of Medical Cannabis | 3 | | Pilot Program Act. | 4 | | "Sale" means any transfer, exchange, or barter in any | 5 | | manner or by any means whatsoever for a consideration and | 6 | | includes all sales made by persons.
| 7 | | "Vapor pen" means a powered vaporizer, and any component | 8 | | parts thereof intended to be used in the powered vaporizer, | 9 | | that converts e-liquid into vapor which is intended for | 10 | | inhalation.
| 11 | | "Vapor product" means an e-liquid or vapor pen as defined | 12 | | under this Act.
| 13 | | Section 10. Retailer's license; fee. | 14 | | (a) On or after January 1, 2018, no person may engage in | 15 | | business as a retailer of vapor products in this State without | 16 | | first having obtained a vapor products retail license from the | 17 | | Department. Applications for a license shall be made to the | 18 | | Department, by electronic means, in a form prescribed by the | 19 | | Department. Each applicant for a license under this Section | 20 | | shall furnish to the Department, in an electronic format | 21 | | established by the Department, the following information:
| 22 | | (1) the name and address of the applicant;
| 23 | | (2) the address of the location at which the applicant | 24 | | proposes to engage in business as a retailer of vapor | 25 | | products in this State;
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| 1 | | (3) whether the applicant will engage in the sale of | 2 | | e-liquids, vapor pens, or both; and
| 3 | | (4) such other additional information as the | 4 | | Department may lawfully require by its rules.
| 5 | | (b) The annual license fee payable to the Department for | 6 | | each retailer's license shall be $75. The fee shall be | 7 | | deposited into the Tax Compliance and Administration Fund and | 8 | | shall be used for the cost of enforcement of this Act.
| 9 | | An applicant for a license shall pay such fee to the | 10 | | Department at the time of submitting its application for | 11 | | license to the Department. The Department shall require an | 12 | | applicant for a license under this Section to electronically | 13 | | file and pay the fee.
| 14 | | (c) The following are ineligible to receive a retailer's | 15 | | license under this Act:
| 16 | | (1) a person who has been convicted of a felony related | 17 | | to the illegal transportation, sale, or distribution of any | 18 | | age-restricted product or item, under any federal or State | 19 | | law, if the Department, after investigation and a hearing | 20 | | if requested by the applicant, determines that the person | 21 | | has not been sufficiently rehabilitated to warrant the | 22 | | public trust; or
| 23 | | (2) a corporation, if any officer, manager, or director | 24 | | thereof, or any stockholder or stockholders owning in the | 25 | | aggregate more than 5% of the stock of such corporation, | 26 | | would not be eligible to receive a license under this Act |
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| 1 | | for any reason.
| 2 | | (d) The Department, upon receipt of an application and | 3 | | license fee, in proper form, from a person who is eligible to | 4 | | receive a retailer's license under this Act, shall issue to the | 5 | | applicant a license in form as prescribed by the Department, | 6 | | which license shall permit the applicant to which it is issued | 7 | | to engage in business as a retailer of vapor products under | 8 | | this Act at the place shown in his application. All licenses | 9 | | issued by the Department under this Section shall be valid for | 10 | | a period not to exceed one year after issuance unless sooner | 11 | | revoked, canceled, or suspended as provided in this Act. No | 12 | | license issued under this Section is transferable or | 13 | | assignable. The license shall be conspicuously displayed in the | 14 | | place of business conducted by the licensee in Illinois under | 15 | | the license. A person who obtains a license as a retailer of | 16 | | vapor products who ceases to do business as specified in the | 17 | | license, or who never commenced business, or whose license is | 18 | | suspended or revoked, shall immediately surrender the license | 19 | | to the Department. The Department shall not issue a license to | 20 | | a retailer of vapor products unless the retailer of vapor | 21 | | products is also validly registered under the Retailers' | 22 | | Occupation Tax Act. A person who obtains a license as a | 23 | | retailer of vapor products who ceases to do business as | 24 | | specified in the license, or who never commenced business, or | 25 | | whose license is suspended or revoked, shall immediately | 26 | | surrender the license to the Department.
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| 1 | | (e) Any person aggrieved by any decision of the Department | 2 | | under this Section may, within 30 days after notice of the | 3 | | decision, protest and request a hearing. Upon receiving a | 4 | | request for hearing, the Department shall give written notice | 5 | | to the person requesting the hearing of the time and place | 6 | | fixed for the hearing and shall hold a hearing in conformity | 7 | | with the provisions of this Act and then issue its final | 8 | | administrative decision in the matter to that person. In | 9 | | absence of protest and request for a hearing within 30 days, | 10 | | the Department's decision shall become final without any | 11 | | further determination being made or notice given.
| 12 | | Section 20. Acting as a retailer of vapor products without | 13 | | a license; penalty. A person who knowingly acts as a retailer | 14 | | of vapor products in this State without first having obtained a | 15 | | license to do so in compliance with this Act is guilty of a | 16 | | Class A misdemeanor for the first offense and a Class 4 felony | 17 | | for a second or subsequent offense. Each day such person | 18 | | operates as a retailer of vapor products without a license | 19 | | constitutes a separate offense. The Department may, by | 20 | | application to any circuit court, obtain an injunction | 21 | | restraining any person who engages in business as a retailer of | 22 | | vapor products without a license (either because his or her | 23 | | license has been revoked, canceled, or suspended or because of | 24 | | a failure to obtain a license in the first instance) from | 25 | | engaging in that business until that person, as if that person |
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| 1 | | were a new applicant for a license, complies with all of the | 2 | | conditions, restrictions, and requirements of this Act and | 3 | | qualifies for and obtains a license. | 4 | | Section 25. Revocation, cancellation, or suspension of a | 5 | | retail license. | 6 | | (a) The Department may, after notice and hearing, revoke, | 7 | | cancel, or suspend the license of any retailer of vapor | 8 | | products for the violation of any provision of this Act, or for | 9 | | noncompliance with any provision herein contained, or for any | 10 | | noncompliance with any lawful rule adopted by the Department | 11 | | pursuant to this Act, or because the licensee is determined to | 12 | | be ineligible for a license for any one or more of the reasons | 13 | | provided in this Section.
| 14 | | (b) A person aggrieved by any decision of the Department | 15 | | under this Section may, within 30 days after notice of the | 16 | | decision, protest and request a hearing. Upon receiving a | 17 | | request for a hearing, the Department shall give notice to the | 18 | | person requesting the hearing of the time and place fixed for | 19 | | the hearing and shall hold a hearing in conformity with the | 20 | | provisions of this Act and then issue its final administrative | 21 | | decision in the matter to that person. In the absence of a | 22 | | protest and request for a hearing within 30 days, the | 23 | | Department's decision shall become final without any further | 24 | | determination being made or notice given.
The final decisions | 25 | | of the Department shall be subject to judicial review according |
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| 1 | | to the provisions of the Administrative Review Law. | 2 | | (c) If the retailer of vapor products has a training | 3 | | program that facilitates compliance with minimum-age vapor | 4 | | products laws, the Department shall suspend for 3 days the | 5 | | license of that retailer of vapor products for a fourth or | 6 | | subsequent violation of subsection (a) or (b) of Section 50. | 7 | | For the purposes of this Section, any violation of Section 50 | 8 | | occurring at the licensed location for the retailer of vapor | 9 | | products during a 24-month period shall be counted as a | 10 | | violation against the retailer of vapor products.
| 11 | | If the retailer of vapor products does not have a training | 12 | | program that facilitates compliance with minimum-age vapor | 13 | | products laws, the Department shall suspend for 3 days the | 14 | | license of that retailer of vapor products for a second | 15 | | violation subsection (a) or (b) of Section 50.
| 16 | | If the retailer of vapor products does not have a training | 17 | | program that facilitates compliance with minimum-age vapor | 18 | | products laws, the Department shall suspend for 7 days the | 19 | | license of that retailer of vapor products for a third | 20 | | violation of subsection (a) or (b) of Section 50.
| 21 | | If the retailer of vapor products does not have a training | 22 | | program that facilitates compliance with minimum-age vapor | 23 | | products laws, the Department shall suspend for 30 days the | 24 | | license of a retailer of vapor products for a fourth or | 25 | | subsequent violation of subsection (a) or (b) of Section 50.
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| 1 | | Section 30. Arrest; search and seizure without warrant. | 2 | | (a) Any duly authorized employee of the Department may:
| 3 | | (1) arrest without warrant any person committing in his | 4 | | or her presence a violation of any of the provisions of | 5 | | this Act; and
| 6 | | (2) may seize any vapor products in accordance with the | 7 | | provisions of this Act.
| 8 | | The vapor products so seized are subject to confiscation | 9 | | and forfeiture.
| 10 | | (b) After seizing any vapor products or vending devices, | 11 | | the Department must hold a hearing and determine whether the | 12 | | retailer of vapor products was properly licensed to sell the | 13 | | vapor products at the time of their seizure by the Department. | 14 | | The Department shall give not less than 20 days' notice of the | 15 | | time and place of the hearing to the owner of the property, if | 16 | | the owner is known, and also to the person in whose possession | 17 | | the property was found, if that person is known and if the | 18 | | person in possession is not the owner of the property. If | 19 | | neither the owner nor the person in possession of the property | 20 | | is known, the Department must cause publication of the time and | 21 | | place of the hearing to be made at least once in each week for 3 | 22 | | weeks successively in a newspaper of general circulation in the | 23 | | county where the hearing is to be held.
| 24 | | If, as the result of the hearing, the Department determines | 25 | | that the retailer of vapor products was not properly licensed | 26 | | at the time the vapor products were seized, the Department must |
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| 1 | | enter an order declaring the vapor products or vending devices | 2 | | confiscated and forfeited to the State, to be held by the | 3 | | Department for disposal by it as provided in Section 40. The | 4 | | Department must give notice of the order to the owner of the | 5 | | property, if the owner is known, and also to the person in | 6 | | whose possession the property was found, if that person is | 7 | | known and if the person in possession is not the owner of the | 8 | | property. If neither the owner nor the person in possession of | 9 | | the property is known, the Department must cause publication of | 10 | | the order to be made at least once in each week for 3 weeks | 11 | | successively in a newspaper of general circulation in the | 12 | | county where the hearing was held.
| 13 | | Section 35. Peace officer investigation. | 14 | | (a) Whenever any peace officer of the State or any duly | 15 | | authorized officer or employee of the Department shall have | 16 | | reason to believe that any violation of this Act has occurred | 17 | | and that the person so violating the Act has in his, hers, or | 18 | | its possession any vapor product, or any vending device | 19 | | containing such vapor products, he may file or cause to be | 20 | | filed his complaint in writing, verified by affidavit, with any | 21 | | court within whose jurisdiction the premises to be searched are | 22 | | situated, stating the facts upon which such belief is founded, | 23 | | the premises to be searched, and the property to be seized, and | 24 | | procure a search warrant and execute the same.
| 25 | | (b) Upon the execution of such search warrant, the peace |
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| 1 | | officer, or officer or employee of the Department, executing | 2 | | such search warrant shall make due return thereof to the court | 3 | | issuing the same, together with an inventory of the property | 4 | | taken thereunder. The court shall thereupon issue process | 5 | | against the owner of such property if he is known; otherwise, | 6 | | such process shall be issued against the person in whose | 7 | | possession the property so taken is found, if such person is | 8 | | known. In case of inability to serve such process upon the | 9 | | owner or the person in possession of the property at the time | 10 | | of its seizure, as hereinbefore provided, notice of the | 11 | | proceedings before the court shall be given as required by the | 12 | | statutes of the State governing cases of Attachment. Upon the | 13 | | return of the process duly served or upon the posting or | 14 | | publishing of notice made, as hereinabove provided, the court | 15 | | or jury, if a jury shall be demanded, shall proceed to | 16 | | determine whether or not such property so seized was held or | 17 | | possessed in violation of this Act, or whether, if a vending | 18 | | device has been so seized, it contained at the time of its | 19 | | seizure any vapor products held or possessed in violation of | 20 | | this Act.
| 21 | | Section 40. Destruction or use of forfeited property. When | 22 | | any vapor product or any vending device shall have been | 23 | | declared forfeited to the State and all proceedings for the | 24 | | judicial review of the Department's decision have terminated, | 25 | | the Department shall, to the extent that its decision is |
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| 1 | | sustained on review, destroy or maintain and use such property | 2 | | in an undercover capacity. | 3 | | Section 45. Retailers; records. | 4 | | (a) A retailer of vapor products who is required to procure | 5 | | a license under this Act shall keep within Illinois complete | 6 | | and accurate records of vapor products purchased, sold, or | 7 | | otherwise disposed of and shall preserve and keep all invoices, | 8 | | bills of lading, sales records, and copies of bills of sale, | 9 | | returns, and other pertinent papers and documents relating to | 10 | | the purchase, sale, or disposition of vapor products. The | 11 | | records need not be maintained on the licensed premises, but | 12 | | must be maintained in the State of Illinois; however, if access | 13 | | is available electronically, the records may be maintained | 14 | | out-of-State. However, all original invoices or copies thereof | 15 | | covering purchases of vapor products must be retained on the | 16 | | licensed premises for a period of 90 days after such purchase, | 17 | | unless the Department has granted a waiver in response to a | 18 | | written request in cases where records are kept at a central | 19 | | business location within the State of Illinois or in cases | 20 | | where records that are available electronically are maintained | 21 | | out of State. The Department shall adopt rules regarding the | 22 | | eligibility for a waiver, revocation of a waiver, and | 23 | | requirements and standards for maintenance and accessibility | 24 | | of records located at a central location out-of-State pursuant | 25 | | to a waiver provided under this Section. |
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| 1 | | (b) Records shall be preserved for a period of at least 3 | 2 | | years after the later of the date of the records or the date of | 3 | | the entries appearing in the records, unless the Department, in | 4 | | writing, authorizes their destruction or disposal at an earlier | 5 | | date. At all times during the usual business hours of the day, | 6 | | any duly authorized agent or employee of the Department may | 7 | | enter any place of business of the retailer of vapor products | 8 | | without a search warrant and may inspect the premises to | 9 | | determine whether any of the provisions of this Act are being | 10 | | violated. If such agent or employee is denied free access or is | 11 | | hindered or interfered with in making such examination as | 12 | | herein provided, the license of the retailer of vapor products | 13 | | shall be subject to suspension or revocation by the Department.
| 14 | | Section 50. Distribution of vapor products to, and | 15 | | possession by, persons under 18 years of age prohibited. | 16 | | (a) A person, either directly or indirectly by an agent or | 17 | | employee, or by a vending machine owned by the person or | 18 | | located in the person's establishment, may not sell, offer for | 19 | | sale, give, or furnish any vapor product to a person under 18 | 20 | | years of age.
| 21 | | (b) Before selling, offering for sale, giving, or | 22 | | furnishing an vapor product to another person, the person | 23 | | selling, offering for sale, giving, or furnishing the vapor | 24 | | product shall verify that the person is at least 18 years of | 25 | | age by:
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| 1 | | (1) examining from any person that appears to be
under | 2 | | 27 years of age a government-issued photographic | 3 | | identification that establishes the person is at least 18 | 4 | | years of age; or
| 5 | | (2) for sales made though the Internet or other
remote | 6 | | sales methods, performing an age verification through an | 7 | | independent, third-party age verification service that | 8 | | compares information available from public records to the | 9 | | personal information entered by the person during the | 10 | | ordering process that establishes the person is 18 years of | 11 | | age or older.
| 12 | | (c) A person under 18 years of age shall not possess a | 13 | | vapor product.
| 14 | | Section 55. Penalties for distribution of vapor products | 15 | | to, and possession by, persons under 18 years of age. | 16 | | (a) Any person who violates subsection (a) or (b) of | 17 | | Section 50 is guilty of a petty offense. For the first offense | 18 | | in a 24-month period, the person shall be fined $200 if his or | 19 | | her employer has a training program that facilitates compliance | 20 | | with minimum-age vapor product laws. For the second offense in | 21 | | a 24-month period, the person shall be fined $400 if his or her | 22 | | employer has a training program that facilitates compliance | 23 | | with minimum-age vapor products laws. For the third offense in | 24 | | a 24-month period, the person shall be fined $600 dollars if | 25 | | his or her employer has a training program that facilitates |
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| 1 | | compliance with minimum-age vapor product laws. For the fourth | 2 | | or subsequent offense in a 24-month period, the person shall be | 3 | | fined $800 if his or her employer has a training program that | 4 | | facilitates compliance with minimum-age vapor products laws. | 5 | | For the purposes of this subsection, the 24-month period shall | 6 | | begin with the person's first violation of the Act. The | 7 | | penalties in this subsection are in addition to any other | 8 | | penalties provided by law.
| 9 | | (a-5) Any retailer of vapor products who violates | 10 | | subsection (a) or (b) of Section 50 is guilty of a petty | 11 | | offense. For the first offense in a 24-month period, the | 12 | | retailer of vapor products shall be fined $200 it does not have | 13 | | a training program that facilitates compliance with | 14 | | minimum-age vapor product laws. For the second offense in a | 15 | | 24-month period, the retailer of vapor products shall be fined | 16 | | $400 if it does not have a training program that facilitates | 17 | | compliance with minimum-age vapor products laws. For the third | 18 | | offense in a 24-month period, the retailer of vapor products | 19 | | shall be fined $600 dollars if it does not have a training | 20 | | program that facilitates compliance with minimum-age vapor | 21 | | product laws. For the fourth or subsequent offense in a | 22 | | 24-month period, the retailer of vapor products shall be fined | 23 | | $800 if it does not have a training program that facilitates | 24 | | compliance with minimum-wage vapor products laws. For the | 25 | | purposes of this subsection, the 24-month period shall begin | 26 | | with the person's first violation of the Act. The penalties in |
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| 1 | | this subsection are in addition to any other penalties provided | 2 | | by law.
| 3 | | (a-10) A training program that facilitates compliance with | 4 | | minimum-age vapor products laws must include at least the | 5 | | following elements: (i) it must explain that only individuals | 6 | | displaying valid identification demonstrating that they are 18 | 7 | | years of age or older shall be eligible to purchase vapor | 8 | | products; and (ii) it must explain where a clerk can check | 9 | | identification for a date of birth. The training may be | 10 | | conducted electronically. Each retailer of vapor products that | 11 | | has a training program shall require each employee who | 12 | | completes the training program to sign a form attesting that | 13 | | the employee has received and completed the vapor products | 14 | | training. The form shall be kept in the employee's file and may | 15 | | be used to provide proof of training. | 16 | | (b) If a minor violates subsection (c) of Section 50, he or | 17 | | she is guilty of a petty offense and the court may impose a | 18 | | sentence of 25 hours of community service and a fine of $50 for | 19 | | a first violation.
| 20 | | (c) A second violation by a minor of subsection (c) of | 21 | | Section 50 that occurs within 12 months after the first | 22 | | violation is punishable by a fine of $75 and 50 hours of | 23 | | community service.
| 24 | | (d) A third or subsequent violation by a minor of | 25 | | subsection (c) of Section 50 that occurs within 12 months after | 26 | | the first violation is punishable by a $200 fine and 50 hours |
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| 1 | | of community service.
| 2 | | (e) Any second or subsequent violation not within the | 3 | | 12-month time period after the first violation is punishable as | 4 | | provided for a first violation.
| 5 | | (f) If a minor is convicted of or placed on supervision for | 6 | | a violation of subsection (c) of Section 50, the court may, in | 7 | | its discretion, and upon recommendation by the State's Attorney | 8 | | order that minor and his or her parents or legal guardian to | 9 | | attend a youth diversion program if that program is available | 10 | | in the jurisdiction where the offender resides. Attendance at a | 11 | | youth diversion program shall be time-credited against any | 12 | | community service time imposed for any first violation of | 13 | | subsection (c) of Section 50. In addition to any other penalty | 14 | | that the court may impose for a violation of subsection (c) of | 15 | | Section 50, the court, upon request by the State's Attorney, | 16 | | may in its discretion require the offender to remit a fee for | 17 | | his or her attendance at a youth diversion program.
| 18 | | For the purposes of this Section, a "youth diversion | 19 | | program" includes, but is not limited to, a seminar designed to | 20 | | educate a person on the physical and psychological effects of | 21 | | using nicotine products and the health consequences of using | 22 | | nicotine products that can be conducted with a locality's youth | 23 | | diversion program.
| 24 | | (g) All moneys collected as fines for violations of Section | 25 | | (a), (b), or (c) of Section 50 of this Act shall be distributed | 26 | | in the following manner: |
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| 1 | | (1) one-half of each fine shall be distributed to the | 2 | | unit of local government or other entity that successfully | 3 | | prosecuted the offender; and
| 4 | | (2) one-half shall be remitted to the State to be used | 5 | | for enforcement of this Act.
| 6 | | Any violation of subsection (a) or (b) of Section 50 shall | 7 | | be reported to the Department of Revenue within 7 business | 8 | | days.
| 9 | | Section 60. Display of vapor products. | 10 | | (a) Vapor product displays. All vapor products must be sold | 11 | | from behind the counter or in an age restricted area or in a | 12 | | sealed display case.
| 13 | | (b) The restrictions in this Section do not apply to an | 14 | | adult-only facility.
| 15 | | (c) The restrictions in this Section do not apply to a | 16 | | retail store that (i) derives at least 90% of its revenue from | 17 | | tobacco, tobacco related products, or vapor products; (ii) does | 18 | | not permit persons under the age of 18 to enter the premises | 19 | | unless accompanied by a parent or legal guardian; (iii) posts a | 20 | | sign on the main entrance way stating that persons under the | 21 | | age of 18 are prohibited from entering unless accompanied by a | 22 | | parent or legal guardian; or (iv) is subject to the Cigarette | 23 | | Tax Act, the Tobacco Products Tax Act of 1995, the Prevention | 24 | | of Tobacco Use By Minors and Sale and Distribution of Tobacco | 25 | | Products Act, or the Display of Tobacco Products Act.
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| 1 | | (d) A violation of this Section is a petty offense for | 2 | | which the court shall impose a fine of not less than $100 nor | 3 | | more than $1,000. | 4 | | Section 65. The Prevention of Tobacco Use by
Minors and | 5 | | Sale and Distribution of Tobacco Products Act is amended by | 6 | | changing Section 1.5 as follows: | 7 | | (720 ILCS 675/1.5) | 8 | | Sec. 1.5. Distribution of alternative nicotine products to | 9 | | persons under 18 years of age prohibited. | 10 | | (a) For the purposes of this Section, "alternative nicotine | 11 | | product" means a product or device not consisting of or | 12 | | containing tobacco that provides for the ingestion into the | 13 | | body of nicotine, whether by chewing, smoking, absorbing, | 14 | | dissolving, inhaling, snorting, sniffing, or by any other | 15 | | means. "Alternative nicotine product" excludes cigarettes, | 16 | | smokeless tobacco, or other tobacco products as these terms are | 17 | | defined in Section 1 of this Act , vapor products as defined | 18 | | under Section 5 of the Vapor Products Regulatory Act, and any | 19 | | product approved by the United States Food and Drug | 20 | | Administration as a non-tobacco product for sale as a tobacco | 21 | | cessation product, as a tobacco dependence product, or for | 22 | | other medical purposes, and is being marketed and sold solely | 23 | | for that approved purpose. | 24 | | (b) A person, either directly or indirectly by an agent or |
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| 1 | | employee, or by a vending machine
owned by the person or | 2 | | located in the person's establishment, may not sell, offer for | 3 | | sale, give,
or furnish any alternative nicotine product, or any | 4 | | cartridge or component of an alternative nicotine product, to a | 5 | | person under 18 years of age. | 6 | | (c) Before selling, offering for sale, giving, or | 7 | | furnishing an alternative nicotine product, or any cartridge
or | 8 | | component of an alternative nicotine product, to another | 9 | | person, the person selling, offering for sale, giving, or | 10 | | furnishing the alternative nicotine product shall verify that | 11 | | the
person is at least 18 years of age by: | 12 | | (1) examining from any person that appears to
be under | 13 | | 27 years of age a government-issued photographic | 14 | | identification that establishes
the person is at least 18 | 15 | | years of age or | 16 | | (2) for sales made through though the Internet or other
| 17 | | remote sales methods, performing an age verification | 18 | | through an independent, third-party
age verification | 19 | | service that compares information available from public | 20 | | records to the
personal information entered by the person | 21 | | during the ordering process that establishes
the person is | 22 | | 18 years of age or older.
| 23 | | (d) A person under 18 years of age shall not possess an | 24 | | alternative nicotine product. | 25 | | (Source: P.A. 98-350, eff. 1-1-14; 99-496, eff. 6-1-16; revised | 26 | | 10-25-16.)
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| 1 | | Section 99. Effective date. This Act takes effect January | 2 | | 1, 2018.".
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