Full Text of SB0668 101st General Assembly
SB0668sam001 101ST GENERAL ASSEMBLY | Sen. John J. Cullerton Filed: 10/28/2019
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| 1 | | AMENDMENT TO SENATE BILL 668
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 668 as follows:
| 3 | | "Section 1. Short title. This Act may be cited as the | 4 | | Flavored Tobacco Ban Act. | 5 | | Section 5. Definitions. In this Act: | 6 | | "Alternative nicotine product" means a product or device | 7 | | not consisting of or containing tobacco that provides for the | 8 | | ingestion into the body of nicotine, whether by chewing, | 9 | | smoking, absorbing, dissolving, inhaling, snorting, sniffing, | 10 | | or by any other means. "Alternative nicotine product" does not | 11 | | include: cigarettes as defined in Section 1 of the Cigarette | 12 | | Tax Act and tobacco products as defined in Section 10-5 of the | 13 | | Tobacco Products Tax Act of 1995; tobacco product and | 14 | | electronic cigarette as defined in this Section; or any product | 15 | | approved by the United States Food and Drug Administration for | 16 | | sale as a tobacco cessation product, as a tobacco dependence |
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| 1 | | product, or for other medical purposes, and is being marketed | 2 | | and sold solely for that approved purpose. | 3 | | "Characterizing flavor" means a distinguishable taste or | 4 | | aroma, other than the taste or aroma of tobacco, including, but | 5 | | not limited to, any fruit, chocolate, vanilla, honey, candy, | 6 | | cocoa, dessert, alcoholic beverage, mint, menthol, | 7 | | wintergreen, herb, or spice flavoring. In no event shall a | 8 | | tobacco product, related tobacco product, alternative nicotine | 9 | | product, or solution or substance intended for use with | 10 | | electronic cigarettes or any component part of a tobacco | 11 | | product, related tobacco product, alternative nicotine | 12 | | product, or solution or substance intended for use with | 13 | | electronic cigarettes be construed to have a characterizing | 14 | | flavor based solely on the use of trace additives or flavorings | 15 | | or the provision of ingredient information. | 16 | | "Department" means the Department of Human Services. | 17 | | "Distinguishable" means perceivable by either the sense of | 18 | | smell or taste. | 19 | | "Distributor" means a person who sells, offers for sale, or | 20 | | transfers any flavored cigarettes, flavored tobacco products, | 21 | | or tobacco products for resale and not for use or consumption. | 22 | | "Distributor" includes a "distributor" as defined in Section 1 | 23 | | of the Cigarette Tax Act, Section 1 of the Cigarette Use Tax | 24 | | Act, and Section 10-5 of the Tobacco Products Tax Act of 1995. | 25 | | "Electronic cigarette" means: | 26 | | (1) any device that employs a battery or other |
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| 1 | | mechanism to heat a solution or substance to produce a | 2 | | vapor or aerosol intended for inhalation; | 3 | | (2) any cartridge or container of a solution or | 4 | | substance intended to be used with or in the device or to | 5 | | refill the device; or | 6 | | (3) any solution or substance, whether or not it | 7 | | contains nicotine, intended for use in the device. | 8 | | "Electronic cigarette" includes, but is not limited to, any | 9 | | electronic nicotine delivery system, electronic cigar, | 10 | | electronic cigarillo, electronic pipe, electronic hookah, vape | 11 | | pen, or similar product or device, and any components or parts | 12 | | that can be used to build the product or device. "Electronic | 13 | | cigarette" does not include: cigarettes as defined in Section 1 | 14 | | of the Cigarette Tax Act; tobacco product, related tobacco | 15 | | product, and alternative nicotine product as defined in this | 16 | | Section; any product approved by the United States Food and | 17 | | Drug Administration for sale as a tobacco cessation product, as | 18 | | a tobacco dependence product, or for other medical purposes, | 19 | | and is being marketed and sold solely for that approved | 20 | | purpose; any asthma inhaler prescribed by a physician for that | 21 | | condition and is being marketed and sold solely for that | 22 | | approved purpose; or any therapeutic product approved for use | 23 | | under the Compassionate Use of Medical Cannabis Pilot Program | 24 | | Act. | 25 | | "Flavored alternative nicotine product" means any | 26 | | alternative nicotine product that contains a natural or |
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| 1 | | artificial constituent or additive that imparts a | 2 | | characterizing flavor. | 3 | | "Flavored related tobacco product" means any related | 4 | | tobacco product that contains a natural or artificial | 5 | | constituent or additive that imparts a characterizing flavor. | 6 | | "Flavored solution or substance intended for use with | 7 | | electronic cigarettes" means any solution or substance | 8 | | intended for use with electronic cigarettes that contains a | 9 | | natural or artificial constituent or additive that imparts a | 10 | | characterizing flavor. | 11 | | "Flavored tobacco product" means any tobacco product that | 12 | | contains a natural or artificial constituent or additive that | 13 | | imparts a characterizing flavor. | 14 | | "Labeling" means written, printed, pictorial, or graphic | 15 | | matter upon any tobacco product, related tobacco product, | 16 | | alternative nicotine product, or solution or substance | 17 | | intended for use with electronic cigarettes or any of its | 18 | | packaging. | 19 | | "Packaging" means a pack, box, carton, or container of any | 20 | | kind or, if no other container, any wrapping, including | 21 | | cellophane, in which a tobacco product, related tobacco | 22 | | product, alternative nicotine product, or solution or | 23 | | substance intended for use with electronic cigarettes is sold | 24 | | or offered for sale to a consumer. | 25 | | "Related tobacco product" means any product intended for or | 26 | | traditionally used with tobacco, including, but not limited to, |
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| 1 | | papers, wraps, tubes, or filters. A product of a type that has | 2 | | in the past been used in conjunction with tobacco or nicotine | 3 | | use will be deemed a "related tobacco product" regardless of | 4 | | any labeling or descriptive language on such product stating | 5 | | that the product is not intended for use with tobacco or for | 6 | | non-tobacco use only or other similar language. | 7 | | "Retail location" means: (1) a building from which tobacco | 8 | | products, related tobacco products, alternative nicotine | 9 | | products, or solutions or substances intended for use with | 10 | | electronic cigarettes are sold at retail; or (2) a vending | 11 | | machine. | 12 | | "Retailer" means a person who engages in this State in the | 13 | | sale of tobacco products, related tobacco products, | 14 | | alternative nicotine products, or solutions or substances | 15 | | intended for use with electronic cigarettes directly to the | 16 | | public from a retail location, including a person who operates | 17 | | vending machines from which tobacco products, related tobacco | 18 | | products, alternative nicotine products, or solutions or | 19 | | substances intended for use with electronic cigarettes are sold | 20 | | in this State. "Retailer" includes a "retailer" as defined in | 21 | | Section 1 of the Cigarette Tax Act and Section 10-5 of the | 22 | | Tobacco Products Tax Act of 1995. | 23 | | "Secondary distributor" has the meanings provided in | 24 | | Section 1 of the Cigarette Tax Act and in Section 1 of the | 25 | | Cigarette Use Tax Act. | 26 | | "Tobacco product" means any product containing or made from |
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| 1 | | tobacco that is intended for human consumption, whether smoked, | 2 | | heated, chewed, absorbed, dissolved, inhaled, snorted, | 3 | | sniffed, or ingested by any other means, including, but not | 4 | | limited to, cigarettes, cigars, little cigars, chewing | 5 | | tobacco, pipe tobacco, snuff, snus, and any other smokeless | 6 | | tobacco product that contains tobacco that is finely cut, | 7 | | ground, powdered, or leaf and intended to be placed in the oral | 8 | | cavity. "Tobacco product" includes any component, part, or | 9 | | accessory of a tobacco product, whether or not sold separately. | 10 | | "Tobacco product" does not include: an electronic cigarette and | 11 | | alternative nicotine product as defined in this Section; or any | 12 | | product that has been approved by the United States Food and | 13 | | Drug Administration for sale as a tobacco cessation product, as | 14 | | a tobacco dependence product, or for other medical purposes, | 15 | | and is being marketed and sold solely for that approved | 16 | | purpose. | 17 | | Section 10. Prohibition. | 18 | | (a) A distributor, secondary distributor, retailer, or any | 19 | | of the retailer's agents or employees may not sell, offer for | 20 | | sale, or possess with the intent to sell or offer for sale, a | 21 | | flavored tobacco product, flavored related tobacco product, | 22 | | flavored alternative nicotine product, or flavored solution or | 23 | | substance intended for use with electronic cigarettes. | 24 | | (a-1) A distributor may temporarily possess or store in | 25 | | this State, flavored tobacco products, related tobacco |
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| 1 | | products, flavored alternative nicotine products, or flavored | 2 | | solutions or substances intended for use with electronic | 3 | | cigarettes, acquired by the distributor outside this State | 4 | | that, after being brought into this State and possessed or | 5 | | stored here temporarily, are shipped by the distributor outside | 6 | | this State. | 7 | | (b) There is a rebuttable presumption that a tobacco | 8 | | product, related tobacco product, alternative nicotine | 9 | | product, or solution or substance intended for use with | 10 | | electronic cigarettes is a flavored tobacco product, flavored | 11 | | related tobacco product, flavored alternative nicotine | 12 | | product, or flavored solution or substance intended for use | 13 | | with electronic cigarettes if the tobacco product, related | 14 | | tobacco product, alternative nicotine product, or solution or | 15 | | substance intended for use with electronic cigarettes has or | 16 | | produces a characterizing flavor or, if a manufacturer or any | 17 | | of a manufacturer's agents or employees, in the course of their | 18 | | agency or employment, has made a statement or claim directed to | 19 | | consumers or to the public that the tobacco product, | 20 | | alternative nicotine product, or solution or substance | 21 | | intended for use with electronic cigarettes has or produces a | 22 | | characterizing flavor, including, but not limited to, text, | 23 | | color, or images on the product's labeling or packaging that | 24 | | are used to explicitly or implicitly communicate or suggest | 25 | | that the tobacco product, related tobacco product, alternative | 26 | | nicotine product, or solution or substance intended for use |
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| 1 | | with electronic cigarettes has a characterizing flavor. A | 2 | | product with labeling or packaging that suggests the presence | 3 | | of a characterizing flavor or uses a concept flavor is presumed | 4 | | to be a flavored tobacco product, flavored related tobacco | 5 | | product, flavored alternative nicotine product, or flavored | 6 | | solution or substance intended for use with electronic | 7 | | cigarettes. | 8 | | Section 15. Administrative rules; enforcement. The | 9 | | Department shall enforce this Act and may adopt rules or | 10 | | guidelines for the implementation and enforcement of this Act. | 11 | | Section 20. Violations. Upon a decision by the Department, | 12 | | after notice and hearing, that a distributor, secondary | 13 | | distributor, or retailer, or their agent or employee, has | 14 | | engaged in any conduct that violates this Act, the Department | 15 | | of Revenue may suspend that distributor's license under Section | 16 | | 6 of the Cigarette Tax Act, Section 6 of the Cigarette Use Tax | 17 | | Act, and Section 10-25 of the Tobacco Products Tax Act of 1995; | 18 | | that secondary distributor's license under Section 6 of the | 19 | | Cigarette Tax Act and Section 6 of the Cigarette Use Tax Act; | 20 | | or that retailer's license under Section 6 of the Cigarette Tax | 21 | | Act and Section 10-25 of the Tobacco Products Tax Act of 1995. | 22 | | Any suspension shall be preceded by a notice from the | 23 | | Department of Revenue of the initial determination of violation | 24 | | made by the Department. A license shall be suspended 3 days for |
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| 1 | | a first violation, 7 days for a second violation, and 30 days | 2 | | for a third and each subsequent violation. | 3 | | Section 25. No conflict with federal or State law. Nothing | 4 | | in this Act shall be interpreted or applied to create any | 5 | | requirement, power, or duty that is preempted by federal or | 6 | | State law. | 7 | | Section 30. Severability. The provisions of this Act are | 8 | | severable under Section 1.31 of the Statute on Statutes. | 9 | | Section 80. The Cigarette Tax Act is amended by changing | 10 | | Section 6 as follows:
| 11 | | (35 ILCS 130/6) (from Ch. 120, par. 453.6)
| 12 | | Sec. 6. Revocation, cancellation, or suspension of | 13 | | license. The Department may, after notice and hearing as | 14 | | provided for by this
Act, revoke, cancel or suspend the license | 15 | | of any distributor, secondary distributor, or retailer for the
| 16 | | violation of any provision of this Act, or for noncompliance | 17 | | with any
provision herein contained, or for any noncompliance | 18 | | with any lawful rule
or regulation promulgated by the | 19 | | Department under Section 8 of this Act, or
because the licensee | 20 | | is determined to be ineligible for a distributor's
license for | 21 | | any one or more of the reasons provided for in Section 4 of
| 22 | | this Act, or because the licensee is determined to be |
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| 1 | | ineligible for a secondary distributor's license for any one or | 2 | | more of the reasons provided for in Section 4c of this Act, or | 3 | | because the licensee is determined to be ineligible for a | 4 | | retailer's license for any one or more of the reasons provided | 5 | | for in Section 4g of this Act. However, no such license shall | 6 | | be revoked, cancelled or
suspended, except after a hearing by | 7 | | the Department with notice to the
distributor, secondary | 8 | | distributor, or retailer, as aforesaid, and affording such | 9 | | distributor, secondary distributor, or retailer a reasonable
| 10 | | opportunity to appear and defend, and any distributor, | 11 | | secondary distributor, or retailer aggrieved by any
decision of | 12 | | the Department with respect thereto may have the determination
| 13 | | of the Department judicially reviewed, as herein provided.
| 14 | | The Department may revoke, cancel, or suspend the license | 15 | | of any
distributor for a violation of the Tobacco Product | 16 | | Manufacturers' Escrow
Enforcement Act as provided in Section 30 | 17 | | of that Act. The Department may revoke, cancel, or suspend the | 18 | | license of any secondary distributor for a violation of | 19 | | subsection (e) of Section 15 of the Tobacco Product | 20 | | Manufacturers' Escrow Enforcement Act.
| 21 | | The Department may suspend the license of any distributor | 22 | | or retailer for a violation of the Flavored Tobacco Ban Act as | 23 | | provided in Section 20 of that Act. | 24 | | If the retailer has a training program that facilitates | 25 | | compliance with minimum-age tobacco laws, the Department shall | 26 | | suspend for 3 days the license of that retailer for a fourth or |
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| 1 | | subsequent violation of the Prevention of Tobacco Use by | 2 | | Persons under 21 Years of Age and Sale and Distribution of | 3 | | Tobacco Products Act, as provided in subsection (a) of Section | 4 | | 2 of that Act. For the purposes of this Section, any violation | 5 | | of subsection (a) of Section 2 of the Prevention of Tobacco Use | 6 | | by Persons under 21 Years of Age and Sale and Distribution of | 7 | | Tobacco Products Act occurring at the retailer's licensed | 8 | | location during a 24-month period shall be counted as a | 9 | | violation against the retailer. | 10 | | If the retailer does not have a training program that | 11 | | facilitates compliance with minimum-age tobacco laws, the | 12 | | Department shall suspend for 3 days the license of that | 13 | | retailer for a second violation of the Prevention of Tobacco | 14 | | Use by Persons under 21 Years of Age and Sale and Distribution | 15 | | of Tobacco Products Act, as provided in subsection (a-5) of | 16 | | Section 2 of that Act. | 17 | | If the retailer does not have a training program that | 18 | | facilitates compliance with minimum-age tobacco laws, the | 19 | | Department shall suspend for 7 days the license of that | 20 | | retailer for a third violation of the Prevention of Tobacco Use | 21 | | by Persons under 21 Years of Age and Sale and Distribution of | 22 | | Tobacco Products Act, as provided in subsection (a-5) of | 23 | | Section 2 of that Act. | 24 | | If the retailer does not have a training program that | 25 | | facilitates compliance with minimum-age tobacco laws, the | 26 | | Department shall suspend for 30 days the license of a retailer |
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| 1 | | for a fourth or subsequent violation of the Prevention of | 2 | | Tobacco Use by Persons under 21 Years of Age and Sale and | 3 | | Distribution of Tobacco Products Act, as provided in subsection | 4 | | (a-5) of Section 2 of that Act. | 5 | | A training program that facilitates compliance with | 6 | | minimum-age tobacco laws must include at least the following | 7 | | elements: (i) it must explain that only individuals displaying | 8 | | valid identification demonstrating that they are 21 years of | 9 | | age or older shall be eligible to purchase cigarettes or | 10 | | tobacco products and (ii) it must explain where a clerk can | 11 | | check identification for a date of birth. The training may be | 12 | | conducted electronically. Each retailer that has a training | 13 | | program shall require each employee who completes the training | 14 | | program to sign a form attesting that the employee has received | 15 | | and completed tobacco training. The form shall be kept in the | 16 | | employee's file and may be used to provide proof of training. | 17 | | Any distributor, secondary distributor, or retailer | 18 | | aggrieved by any decision of the Department under this
Section
| 19 | | may, within 20 days after notice of the decision, protest and | 20 | | request a
hearing. Upon receiving a request for a hearing, the | 21 | | Department shall give
notice in writing to the distributor, | 22 | | secondary distributor, or retailer requesting the hearing that | 23 | | contains a
statement of the charges preferred against the | 24 | | distributor, secondary distributor, or retailer and that | 25 | | states the
time and place fixed for the hearing. The Department | 26 | | shall hold the hearing in
conformity with the provisions of |
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| 1 | | this Act and then issue its final
administrative decision in | 2 | | the matter to the distributor, secondary distributor, or | 3 | | retailer. In the absence of a
protest and request for a hearing | 4 | | within 20 days, the Department's decision
shall become final | 5 | | without any further determination being made or notice
given.
| 6 | | No license so revoked, as aforesaid, shall be reissued to | 7 | | any such
distributor, secondary distributor, or retailer | 8 | | within a period of 6 months after the date of the final
| 9 | | determination of such revocation. No such license shall be | 10 | | reissued at all
so long as the person who would receive the | 11 | | license is ineligible to
receive a distributor's license under | 12 | | this Act for any one or more of the
reasons provided for in | 13 | | Section 4 of this Act, is ineligible to receive a secondary | 14 | | distributor's license under this Act for any one or more of the | 15 | | reasons provided for in Section 4c of this Act, or is | 16 | | determined to be ineligible for a retailer's license under the | 17 | | Act for any one or more of the reasons provided for in Section | 18 | | 4g of this Act.
| 19 | | The Department upon complaint filed in the circuit
court | 20 | | may by injunction
restrain any person who fails, or refuses, to | 21 | | comply with any of the
provisions of this Act from acting as a | 22 | | distributor, secondary distributor, or retailer of cigarettes | 23 | | in this
State.
| 24 | | (Source: P.A. 101-2, eff. 7-1-19 .)
| 25 | | Section 85. The Cigarette Use Tax Act is amended by |
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| 1 | | changing Section 6 as follows:
| 2 | | (35 ILCS 135/6) (from Ch. 120, par. 453.36)
| 3 | | Sec. 6. Revocation, cancellation, or suspension of | 4 | | license. The Department may, after notice and hearing as | 5 | | provided for by this
Act, revoke, cancel or suspend the license | 6 | | of any distributor or secondary distributor for the
violation | 7 | | of any provision of this Act, or for non-compliance with any
| 8 | | provision herein contained, or for any non-compliance with any | 9 | | lawful rule
or regulation promulgated by the Department under | 10 | | Section 21 of this Act,
or because the licensee is determined | 11 | | to be ineligible for a distributor's
license for any one or | 12 | | more of the reasons provided for in Section 4 of
this Act, or | 13 | | because the licensee is determined to be ineligible for a | 14 | | secondary distributor's license for any one or more of the | 15 | | reasons provided for in Section 4b or Section 7a of this Act. | 16 | | However, no such license shall be revoked, canceled or | 17 | | suspended,
except after a hearing by the Department with notice | 18 | | to the distributor or secondary distributor, as
aforesaid, and | 19 | | affording such distributor or secondary distributor a | 20 | | reasonable opportunity to
appear and defend, and any | 21 | | distributor or secondary distributor aggrieved by any decision | 22 | | of the
Department with respect thereto may have the | 23 | | determination of the
Department judicially reviewed, as herein | 24 | | provided.
| 25 | | The Department may revoke, cancel, or suspend the license |
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| 1 | | of any
distributor for a violation of the Tobacco Product | 2 | | Manufacturers' Escrow
Enforcement Act as provided in Section 30 | 3 | | of that Act. The Department may revoke, cancel, or suspend the | 4 | | license of any secondary distributor for a violation of | 5 | | subsection (e) of Section 15 of the Tobacco Product | 6 | | Manufacturers' Escrow Enforcement Act.
| 7 | | The Department may suspend the license of any distributor | 8 | | for a violation of the Flavored Tobacco Ban Act as provided in | 9 | | Section 20 of that Act. | 10 | | Any distributor or secondary distributor aggrieved by any | 11 | | decision of the Department under this
Section
may, within 20 | 12 | | days after notice of the decision, protest and request a
| 13 | | hearing. Upon receiving a request for a hearing, the Department | 14 | | shall give
notice in writing to the distributor or secondary | 15 | | distributor requesting the hearing that contains a
statement of | 16 | | the charges preferred against the distributor or secondary | 17 | | distributor and that states the
time and place fixed for the | 18 | | hearing. The Department shall hold the hearing in
conformity | 19 | | with the provisions of this Act and then issue its final
| 20 | | administrative decision in the matter to the distributor or | 21 | | secondary distributor. In the absence of a
protest and request | 22 | | for a hearing within 20 days, the Department's decision
shall | 23 | | become final without any further determination being made or | 24 | | notice
given.
| 25 | | No license so revoked, shall be reissued to any such
| 26 | | distributor or secondary distributor within a period of 6 |
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| 1 | | months after the date of the final
determination of such | 2 | | revocation. No such license shall be reissued at all
so long as | 3 | | the person who would receive the license is ineligible to
| 4 | | receive a distributor's license under this Act for any one or | 5 | | more of the
reasons provided for in Section 4 of this Act or is | 6 | | ineligible to receive a secondary distributor's license under | 7 | | this Act for any one or more of the reasons provided for in | 8 | | Section 4b and Section 7a of this Act.
| 9 | | The Department upon complaint filed in the circuit court | 10 | | may by injunction
restrain any person who fails, or refuses, to | 11 | | comply with
this Act from acting as a distributor or secondary | 12 | | distributor of cigarettes in this State.
| 13 | | (Source: P.A. 96-1027, eff. 7-12-10.)
| 14 | | Section 90. The Tobacco Products Tax Act of 1995 is amended | 15 | | by changing Section 10-25 as follows:
| 16 | | (35 ILCS 143/10-25)
| 17 | | Sec. 10-25. License actions. | 18 | | (a) The Department may, after notice and a hearing,
revoke, | 19 | | cancel, or suspend the license of any distributor or retailer | 20 | | who violates any of
the provisions of this Act, fails to keep | 21 | | books and records as required under this Act, fails to make | 22 | | books and records available for inspection upon demand by a | 23 | | duly authorized employee of the Department, or violates a rule | 24 | | or regulation of the Department for the administration and |
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| 1 | | enforcement of this Act. The notice shall specify the alleged | 2 | | violation or
violations upon which the revocation, | 3 | | cancellation, or suspension proceeding is
based.
| 4 | | (b) The Department may revoke, cancel, or suspend the | 5 | | license of any
distributor for a violation of the Tobacco | 6 | | Product Manufacturers' Escrow
Enforcement Act as provided in | 7 | | Section 20 of that Act.
| 8 | | (b-5) The Department may suspend the license of any | 9 | | distributor or retailer for a violation of the Flavored Tobacco | 10 | | Ban Act as provided in Section 20 of that Act. | 11 | | (c) If the retailer has a training program that facilitates | 12 | | compliance with minimum-age tobacco laws, the Department shall | 13 | | suspend for 3 days the license of that retailer for a fourth or | 14 | | subsequent violation of the Prevention of Tobacco Use by | 15 | | Persons under 21 Years of Age and Sale and Distribution of | 16 | | Tobacco Products Act, as provided in subsection (a) of Section | 17 | | 2 of that Act. For the purposes of this Section, any violation | 18 | | of subsection (a) of Section 2 of the Prevention of Tobacco Use | 19 | | by Persons under 21 Years of Age and Sale and Distribution of | 20 | | Tobacco Products Act occurring at the retailer's licensed | 21 | | location, during a 24-month period, shall be counted as a | 22 | | violation against the retailer. | 23 | | If the retailer does not have a training program that | 24 | | facilitates compliance with minimum-age tobacco laws, the | 25 | | Department shall suspend for 3 days the license of that | 26 | | retailer for a second violation of the Prevention of Tobacco |
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| 1 | | Use by Persons under 21 Years of Age and Sale and Distribution | 2 | | of Tobacco Products Act, as provided in subsection (a-5) of | 3 | | Section 2 of that Act. | 4 | | If the retailer does not have a training program that | 5 | | facilitates compliance with minimum-age tobacco laws, the | 6 | | Department shall suspend for 7 days the license of that | 7 | | retailer for a third violation of the Prevention of Tobacco Use | 8 | | by Persons under 21 Years of Age and Sale and Distribution of | 9 | | Tobacco Products Act, as provided in subsection (a-5) of | 10 | | Section 2 of that Act. | 11 | | If the retailer does not have a training program that | 12 | | facilitates compliance with minimum-age tobacco laws, the | 13 | | Department shall suspend for 30 days the license of a retailer | 14 | | for a fourth or subsequent violation of the Prevention of | 15 | | Tobacco Use by Persons under 21 Years of Age and Sale and | 16 | | Distribution of Tobacco Products Act, as provided in subsection | 17 | | (a-5) of Section 2 of that Act. | 18 | | A training program that facilitates compliance with | 19 | | minimum-age tobacco laws must include at least the following | 20 | | elements: (i) it must explain that only individuals displaying | 21 | | valid identification demonstrating that they are 21 years of | 22 | | age or older shall be eligible to purchase cigarettes or | 23 | | tobacco products and (ii) it must explain where a clerk can | 24 | | check identification for a date of birth. The training may be | 25 | | conducted electronically. Each retailer that has a training | 26 | | program shall require each employee who completes the training |
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| 1 | | program to sign a form attesting that the employee has received | 2 | | and completed tobacco training. The form shall be kept in the | 3 | | employee's file and may be used to provide proof of training. | 4 | | (d) The Department may, by application to any circuit | 5 | | court, obtain an injunction
restraining any person who engages | 6 | | in business as a distributor of tobacco
products without a | 7 | | license (either because his or her license has been revoked,
| 8 | | canceled, or suspended or because of a failure to obtain a | 9 | | license in the first
instance) from engaging in that business | 10 | | until that person, as if that person
were a new applicant for a | 11 | | license, complies with all of the conditions,
restrictions, and | 12 | | requirements of Section 10-20 of this Act and qualifies for
and | 13 | | obtains a license. Refusal or neglect to obey the order of the | 14 | | court may
result in punishment for contempt.
| 15 | | (Source: P.A. 100-940, eff. 8-17-18; 101-2, eff. 7-1-19 .)
| 16 | | Section 99. Effective date. This Act takes effect June 1, | 17 | | 2020.".
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