Full Text of HB0604 096th General Assembly
HB0604enr 96TH GENERAL ASSEMBLY
|
|
|
HB0604 Enrolled |
|
LRB096 07343 RLC 17429 b |
|
| 1 |
| AN ACT concerning tobacco.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Sections 3-12 and 6-16.1 as follows: | 6 |
| (235 ILCS 5/3-12) (from Ch. 43, par. 108) | 7 |
| Sec. 3-12. Powers and duties of State Commission.
| 8 |
| (a) The State commission shall have the following powers, | 9 |
| functions and
duties:
| 10 |
| (1) To receive applications and to issue licenses to | 11 |
| manufacturers,
foreign importers, importing distributors, | 12 |
| distributors, non-resident dealers,
on premise consumption | 13 |
| retailers, off premise sale retailers, special event
| 14 |
| retailer licensees, special use permit licenses, auction | 15 |
| liquor licenses, brew
pubs, caterer retailers, | 16 |
| non-beverage users, railroads, including owners and
| 17 |
| lessees of sleeping, dining and cafe cars, airplanes, | 18 |
| boats, brokers, and wine
maker's premises licensees in | 19 |
| accordance with the provisions of this Act, and
to suspend | 20 |
| or revoke such licenses upon the State commission's | 21 |
| determination,
upon notice after hearing, that a licensee | 22 |
| has violated any provision of this
Act or any rule or | 23 |
| regulation issued pursuant thereto and in effect for 30 |
|
|
|
HB0604 Enrolled |
- 2 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| days
prior to such violation. Except in the case of an | 2 |
| action taken pursuant to a
violation of Section 6-3, 6-5, | 3 |
| or 6-9, any action by the State Commission to
suspend or | 4 |
| revoke a licensee's license may be limited to the license | 5 |
| for the
specific premises where the violation occurred.
| 6 |
| In lieu of suspending or revoking a license, the | 7 |
| commission may impose
a fine, upon the State commission's | 8 |
| determination and notice after hearing,
that a licensee has | 9 |
| violated any provision of this Act or any rule or
| 10 |
| regulation issued pursuant thereto and in effect for 30 | 11 |
| days prior to such
violation. The fine imposed under this | 12 |
| paragraph may not exceed $500 for each
violation. Each day | 13 |
| that the activity, which gave rise to the original fine,
| 14 |
| continues is a separate violation. The maximum fine that | 15 |
| may be levied against
any licensee, for the period of the | 16 |
| license, shall not exceed $20,000.
The maximum penalty that | 17 |
| may be imposed on a licensee for selling a bottle of
| 18 |
| alcoholic liquor with a foreign object in it or serving | 19 |
| from a bottle of
alcoholic liquor with a foreign object in | 20 |
| it shall be the destruction of that
bottle of alcoholic | 21 |
| liquor for the first 10 bottles so sold or served from by
| 22 |
| the licensee. For the eleventh bottle of alcoholic liquor | 23 |
| and for each third
bottle thereafter sold or served from by | 24 |
| the licensee with a foreign object in
it, the maximum | 25 |
| penalty that may be imposed on the licensee is the | 26 |
| destruction
of the bottle of alcoholic liquor and a fine of |
|
|
|
HB0604 Enrolled |
- 3 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| up to $50.
| 2 |
| (2) To adopt such rules and regulations consistent with | 3 |
| the
provisions of this Act which shall be necessary to | 4 |
| carry on its
functions and duties to the end that the | 5 |
| health, safety and welfare of
the People of the State of | 6 |
| Illinois shall be protected and temperance in
the | 7 |
| consumption of alcoholic liquors shall be fostered and | 8 |
| promoted and
to distribute copies of such rules and | 9 |
| regulations to all licensees
affected thereby.
| 10 |
| (3) To call upon other administrative departments of | 11 |
| the State,
county and municipal governments, county and | 12 |
| city police departments and
upon prosecuting officers for | 13 |
| such information and assistance as it
deems necessary in | 14 |
| the performance of its duties.
| 15 |
| (4) To recommend to local commissioners rules and | 16 |
| regulations, not
inconsistent with the law, for the | 17 |
| distribution and sale of alcoholic
liquors throughout the | 18 |
| State.
| 19 |
| (5) To inspect, or cause to be inspected, any
premises | 20 |
| in this State
where alcoholic liquors are manufactured, | 21 |
| distributed, warehoused, or
sold.
| 22 |
| (5.1) Upon receipt of a complaint or upon having | 23 |
| knowledge that any person
is engaged in business as a | 24 |
| manufacturer, importing distributor, distributor,
or | 25 |
| retailer without a license or valid license, to notify the | 26 |
| local liquor
authority, file a complaint with the State's |
|
|
|
HB0604 Enrolled |
- 4 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| Attorney's Office of the county
where the incident | 2 |
| occurred, or initiate an investigation with the | 3 |
| appropriate
law enforcement officials.
| 4 |
| (5.2) To issue a cease and desist notice to persons | 5 |
| shipping alcoholic
liquor
into this State from a point | 6 |
| outside of this State if the shipment is in
violation of | 7 |
| this Act.
| 8 |
| (5.3) To receive complaints from licensees, local | 9 |
| officials, law
enforcement agencies, organizations, and | 10 |
| persons stating that any licensee has
been or is violating | 11 |
| any provision of this Act or the rules and regulations
| 12 |
| issued pursuant to this Act. Such complaints shall be in | 13 |
| writing, signed and
sworn to by the person making the | 14 |
| complaint, and shall state with specificity
the facts in | 15 |
| relation to the alleged violation. If the Commission has
| 16 |
| reasonable grounds to believe that the complaint | 17 |
| substantially alleges a
violation of this Act or rules and | 18 |
| regulations adopted pursuant to this Act, it
shall conduct | 19 |
| an investigation. If, after conducting an investigation, | 20 |
| the
Commission is satisfied that the alleged violation did | 21 |
| occur, it shall proceed
with disciplinary action against | 22 |
| the licensee as provided in this Act.
| 23 |
| (6) To hear and determine appeals from orders of a | 24 |
| local commission
in accordance with the provisions of this | 25 |
| Act, as hereinafter set forth.
Hearings under this | 26 |
| subsection shall be held in Springfield or Chicago,
at |
|
|
|
HB0604 Enrolled |
- 5 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| whichever location is the more convenient for the majority | 2 |
| of persons
who are parties to the hearing.
| 3 |
| (7) The commission shall establish uniform systems of | 4 |
| accounts to be
kept by all retail licensees having more | 5 |
| than 4 employees, and for this
purpose the commission may | 6 |
| classify all retail licensees having more
than 4 employees | 7 |
| and establish a uniform system of accounts for each
class | 8 |
| and prescribe the manner in which such accounts shall be | 9 |
| kept.
The commission may also prescribe the forms of | 10 |
| accounts to be kept by
all retail licensees having more | 11 |
| than 4 employees, including but not
limited to accounts of | 12 |
| earnings and expenses and any distribution,
payment, or | 13 |
| other distribution of earnings or assets, and any other
| 14 |
| forms, records and memoranda which in the judgment of the | 15 |
| commission may
be necessary or appropriate to carry out any | 16 |
| of the provisions of this
Act, including but not limited to | 17 |
| such forms, records and memoranda as
will readily and | 18 |
| accurately disclose at all times the beneficial
ownership | 19 |
| of such retail licensed business. The accounts, forms,
| 20 |
| records and memoranda shall be available at all reasonable | 21 |
| times for
inspection by authorized representatives of the | 22 |
| State commission or by
any local liquor control | 23 |
| commissioner or his or her authorized representative.
The | 24 |
| commission, may, from time to time, alter, amend or repeal, | 25 |
| in whole
or in part, any uniform system of accounts, or the | 26 |
| form and manner of
keeping accounts.
|
|
|
|
HB0604 Enrolled |
- 6 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| (8) In the conduct of any hearing authorized to be held | 2 |
| by the
commission, to appoint, at the commission's | 3 |
| discretion, hearing officers
to conduct hearings involving | 4 |
| complex issues or issues that will require a
protracted | 5 |
| period of time to resolve, to examine, or cause to be | 6 |
| examined,
under oath, any licensee, and to examine or cause | 7 |
| to be examined the books and
records
of such licensee; to | 8 |
| hear testimony and take proof material for its
information | 9 |
| in the discharge of its duties hereunder; to administer or
| 10 |
| cause to be administered oaths; for any such purpose to | 11 |
| issue
subpoena or subpoenas to require the attendance of | 12 |
| witnesses and the
production of books, which shall be | 13 |
| effective in any part of this State, and
to adopt rules to | 14 |
| implement its powers under this paragraph (8).
| 15 |
| Any Circuit Court may by order duly entered,
require | 16 |
| the attendance of witnesses and the production of relevant | 17 |
| books
subpoenaed by the State commission and the court may | 18 |
| compel
obedience to its order by proceedings for contempt.
| 19 |
| (9) To investigate the administration of laws in | 20 |
| relation to
alcoholic liquors in this and other states and | 21 |
| any foreign countries,
and to recommend from time to time | 22 |
| to the Governor and through him or
her to the legislature | 23 |
| of this State, such amendments to this Act, if any, as
it | 24 |
| may think desirable and as will serve to further the | 25 |
| general broad
purposes contained in Section 1-2 hereof.
| 26 |
| (10) To adopt such rules and regulations consistent |
|
|
|
HB0604 Enrolled |
- 7 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| with the
provisions of this Act which shall be necessary | 2 |
| for the control, sale or
disposition of alcoholic liquor | 3 |
| damaged as a result of an accident, wreck,
flood, fire or | 4 |
| other similar occurrence.
| 5 |
| (11) To develop industry educational programs related | 6 |
| to responsible
serving and selling, particularly in the | 7 |
| areas of overserving consumers and
illegal underage | 8 |
| purchasing and consumption of alcoholic beverages.
| 9 |
| (11.1) To license persons providing education and | 10 |
| training to alcohol
beverage sellers and servers under the
| 11 |
| Beverage Alcohol Sellers and Servers
Education and | 12 |
| Training (BASSET) programs and to develop and administer a | 13 |
| public
awareness program in Illinois to reduce or eliminate | 14 |
| the 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) On or before January 15, 1994, the Commission | 21 |
| shall issue
a written report to the Governor and General | 22 |
| Assembly that is to be based on a
comprehensive study of | 23 |
| the impact on and implications for the State of Illinois
of | 24 |
| Section 1926 of the Federal ADAMHA Reorganization Act of | 25 |
| 1992 (Public Law
102-321). This study shall address the | 26 |
| extent to which Illinois currently
complies with the |
|
|
|
HB0604 Enrolled |
- 8 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| provisions of P.L. 102-321 and the rules promulgated | 2 |
| 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 |
| Sale and Distribution of Tobacco Products to Minors Act | 11 |
| and the Smokeless
Tobacco Limitation Act;
| 12 |
| (iii) the extent and nature of organized | 13 |
| educational and governmental
activities that are | 14 |
| intended to promote, encourage or otherwise secure
| 15 |
| compliance with any Illinois laws that prohibit the | 16 |
| sale or distribution of
tobacco products to minors; and
| 17 |
| (iv) the level of access and availability of | 18 |
| tobacco products to
individuals under the age of 18.
| 19 |
| To obtain the data necessary to comply with the | 20 |
| provisions of P.L. 102-321
and the requirements of this | 21 |
| report, the Commission shall conduct random,
unannounced | 22 |
| inspections of a geographically and scientifically | 23 |
| representative
sample of the State's retail tobacco | 24 |
| distributors.
| 25 |
| The Commission shall consult with the Department of | 26 |
| Public Health, the
Department of Human Services, the
|
|
|
|
HB0604 Enrolled |
- 9 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| Illinois State Police and any
other executive branch | 2 |
| agency, and private organizations that may have
| 3 |
| information relevant to this report.
| 4 |
| The Commission may contract with the Food and Drug | 5 |
| Administration of the
U.S. Department of Health and Human | 6 |
| Services to conduct unannounced
investigations of Illinois | 7 |
| tobacco vendors to determine compliance with federal
laws | 8 |
| relating to the illegal sale of cigarettes and smokeless | 9 |
| tobacco products
to persons under the age of 18.
| 10 |
| (14) On or before April 30, 2008 and every 2 years
| 11 |
| thereafter, the Commission shall present a written
report | 12 |
| to the Governor and the General Assembly that shall
be | 13 |
| based on a study of the impact of this amendatory Act of
| 14 |
| the 95th General Assembly on the business of soliciting,
| 15 |
| selling, and shipping wine from inside and outside of this
| 16 |
| State directly to residents of this State. As part of its
| 17 |
| report, the Commission shall provide all of the
following | 18 |
| information: | 19 |
| (A) The amount of State excise and sales tax
| 20 |
| revenues generated. | 21 |
| (B) The amount of licensing fees received. | 22 |
| (C) The number of cases of wine shipped from inside
| 23 |
| and outside of this State directly to residents of this
| 24 |
| State. | 25 |
| (D) The number of alcohol compliance operations
| 26 |
| conducted. |
|
|
|
HB0604 Enrolled |
- 10 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| (E) The number of winery shipper's licenses
| 2 |
| issued. | 3 |
| (F) The number of each of the following: reported
| 4 |
| violations; cease and desist notices issued by the
| 5 |
| Commission; notices of violations issued by
the | 6 |
| Commission and to the Department of Revenue;
and | 7 |
| notices and complaints of violations to law
| 8 |
| enforcement officials, including, without limitation,
| 9 |
| the Illinois Attorney General and the U.S. Department
| 10 |
| of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | 11 |
| (15) As a means to reduce the underage consumption of
| 12 |
| alcoholic liquors, the Commission shall conduct
alcohol | 13 |
| compliance operations to investigate whether
businesses | 14 |
| that are soliciting, selling, and shipping wine
from inside | 15 |
| or outside of this State directly to residents
of this | 16 |
| State are licensed by this State or are selling or
| 17 |
| attempting to sell wine to persons under 21 years of age in
| 18 |
| violation of this Act. | 19 |
| (16) The Commission shall, in addition to
notifying any | 20 |
| appropriate law enforcement agency, submit
notices of | 21 |
| complaints or violations of Sections 6-29 and
6-29.1 by | 22 |
| persons who do not hold a winery shipper's
license under | 23 |
| this amendatory Act to the Illinois Attorney General and
to | 24 |
| the U.S. Department of Treasury's Alcohol and Tobacco Tax | 25 |
| and Trade Bureau. | 26 |
| (17) (A) A person licensed to make wine under the laws |
|
|
|
HB0604 Enrolled |
- 11 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| of another state who has a winery shipper's license under | 2 |
| this amendatory Act and annually produces less than 25,000 | 3 |
| gallons of wine or a person who has a first-class or | 4 |
| second-class wine manufacturer's license, a first-class or | 5 |
| second-class wine-maker's license, or a limited wine | 6 |
| manufacturer's license under this Act and annually | 7 |
| produces less than 25,000 gallons of wine may make | 8 |
| application to the Commission for a self-distribution | 9 |
| exemption to allow the sale of not more than 5,000 gallons | 10 |
| of the exemption holder's wine to retail licensees per | 11 |
| year. | 12 |
| (B) In the application, which shall be sworn under | 13 |
| penalty of perjury, such person shall state (1) the | 14 |
| date it was established; (2) its volume of production | 15 |
| and sales for each year since its establishment; (3) | 16 |
| its efforts to establish distributor relationships; | 17 |
| (4) that a self-distribution exemption is necessary to | 18 |
| facilitate the marketing of its wine; and (5) that it | 19 |
| will comply with the liquor and revenue laws of the | 20 |
| United States, this State, and any other state where it | 21 |
| is licensed. | 22 |
| (C) The Commission shall approve the application | 23 |
| for a self-distribution exemption if such person: (1) | 24 |
| is in compliance with State revenue and liquor laws; | 25 |
| (2) is not a member of any affiliated group that | 26 |
| produces more than 25,000 gallons of wine per annum or |
|
|
|
HB0604 Enrolled |
- 12 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| produces any other alcoholic liquor; (3) will not | 2 |
| annually produce for sale more than 25,000 gallons of | 3 |
| wine; and (4) will not annually sell more than 5,000 | 4 |
| gallons of its wine to retail licensees. | 5 |
| (D) A self-distribution exemption holder shall | 6 |
| annually certify to the Commission its production of | 7 |
| wine in the previous 12 months and its anticipated | 8 |
| production and sales for the next 12 months. The | 9 |
| Commission may fine, suspend, or revoke a | 10 |
| self-distribution exemption after a hearing if it | 11 |
| finds that the exemption holder has made a material | 12 |
| misrepresentation in its application, violated a | 13 |
| revenue or liquor law of Illinois, exceeded production | 14 |
| of 25,000 gallons of wine in any calendar year, or | 15 |
| become part of an affiliated group producing more than | 16 |
| 25,000 gallons of wine or any other alcoholic liquor. | 17 |
| (E) Except in hearings for violations of this Act | 18 |
| or amendatory Act or a bona fide investigation by duly | 19 |
| sworn law enforcement officials, the Commission, or | 20 |
| its agents, the Commission shall maintain the | 21 |
| production and sales information of a | 22 |
| self-distribution exemption holder as confidential and | 23 |
| shall not release such information to any person. | 24 |
| (F) The Commission shall issue regulations | 25 |
| governing self-distribution exemptions consistent with | 26 |
| this Section and this Act. |
|
|
|
HB0604 Enrolled |
- 13 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| (G) Nothing in this subsection (17) shall prohibit | 2 |
| a self-distribution exemption holder from entering | 3 |
| into or simultaneously having a distribution agreement | 4 |
| with a licensed Illinois distributor. | 5 |
| (H) It is the intent of this subsection (17) to | 6 |
| promote and continue orderly markets. The General | 7 |
| Assembly finds that in order to preserve Illinois' | 8 |
| regulatory distribution system it is necessary to | 9 |
| create an exception for smaller makers of wine as their | 10 |
| wines are frequently adjusted in varietals, mixes, | 11 |
| vintages, and taste to find and create market niches | 12 |
| sometimes too small for distributor or importing | 13 |
| distributor business strategies. Limited | 14 |
| self-distribution rights will afford and allow smaller | 15 |
| makers of wine access to the marketplace in order to | 16 |
| develop a customer base without impairing the | 17 |
| integrity of the 3-tier system.
| 18 |
| (b) On or before April 30, 1999, the Commission shall | 19 |
| present a written
report to the Governor and the General | 20 |
| Assembly that shall be based on a study
of the impact of this | 21 |
| amendatory Act of 1998 on the business of soliciting,
selling, | 22 |
| and shipping
alcoholic liquor from outside of this State | 23 |
| directly to residents of this
State.
| 24 |
| As part of its report, the Commission shall provide the | 25 |
| following
information:
| 26 |
| (i) the amount of State excise and sales tax revenues |
|
|
|
HB0604 Enrolled |
- 14 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| generated as a
result of this amendatory Act of 1998;
| 2 |
| (ii) the amount of licensing fees received as a result | 3 |
| of this amendatory
Act of 1998;
| 4 |
| (iii) the number of reported violations, the number of | 5 |
| cease and desist
notices issued by the Commission, the | 6 |
| number of notices of violations issued
to the Department of | 7 |
| Revenue, and the number of notices and complaints of
| 8 |
| violations to law enforcement officials.
| 9 |
| (Source: P.A. 95-634, eff. 6-1-08 .)
| 10 |
| (235 ILCS 5/6-16.1)
| 11 |
| Sec. 6-16.1. Enforcement actions.
| 12 |
| (a) A licensee or an officer, associate,
member, | 13 |
| representative, agent, or employee of a licensee may sell, | 14 |
| give, or
deliver alcoholic liquor to a person under the age of | 15 |
| 21 years or authorize the
sale, gift, or delivery of alcoholic | 16 |
| liquor to a person under the age of 21
years pursuant to a plan | 17 |
| or action to investigate, patrol, or otherwise conduct
a "sting | 18 |
| operation" or enforcement action against a person employed by | 19 |
| the
licensee or on any licensed premises if the licensee or | 20 |
| officer, associate,
member, representative, agent, or employee | 21 |
| of the licensee provides written
notice, at least 14 days | 22 |
| before the "sting operation" or enforcement action,
unless | 23 |
| governing body of the municipality or county having | 24 |
| jurisdiction sets a
shorter period by ordinance, to the law | 25 |
| enforcement agency having jurisdiction,
the local liquor |
|
|
|
HB0604 Enrolled |
- 15 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| control commissioner, or both. Notice provided under this
| 2 |
| Section shall be valid for a "sting operation" or enforcement | 3 |
| action conducted
within 60 days of the provision of that | 4 |
| notice, unless the governing body of
the municipality or county | 5 |
| having jurisdiction sets a shorter period by
ordinance.
| 6 |
| (b) A local liquor control commission or unit of local | 7 |
| government that
conducts alcohol and tobacco compliance | 8 |
| operations shall establish a policy and
standards for alcohol | 9 |
| and tobacco compliance operations to investigate whether
a | 10 |
| licensee is furnishing (1) alcoholic liquor to persons under 21 | 11 |
| years of age
in violation of this Act or (2) tobacco to persons | 12 |
| in violation of the Sale and Distribution of
Tobacco Products | 13 |
| to Minors Act.
| 14 |
| (c) The Illinois Law Enforcement Training Standards Board | 15 |
| shall
develop a model policy and guidelines for the operation | 16 |
| of alcohol and tobacco
compliance checks by local law | 17 |
| enforcement officers. The Illinois Law
Enforcement Training | 18 |
| Standards Board shall also require the supervising
officers of | 19 |
| such compliance checks to have met a minimum training standard | 20 |
| as
determined by the Board. The Board shall have the right to | 21 |
| waive any training
based on current written policies and | 22 |
| procedures for alcohol and tobacco
compliance check operations | 23 |
| and in-service training already administered by
the local law | 24 |
| enforcement agency, department, or office.
| 25 |
| (d) The provisions of subsections (b) and (c) do not apply | 26 |
| to a home rule
unit with more than 2,000,000 inhabitants.
|
|
|
|
HB0604 Enrolled |
- 16 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| (e) A home rule unit, other than a home rule unit with more | 2 |
| than 2,000,000
inhabitants, may not regulate enforcement | 3 |
| actions in a manner inconsistent with
the regulation of | 4 |
| enforcement actions under this Section. This subsection (e)
is | 5 |
| a limitation under subsection (i) of Section 6 of Article VII | 6 |
| of the
Illinois Constitution on the concurrent exercise by home | 7 |
| rule units
of powers and functions
exercised by the State.
| 8 |
| (f) A licensee who is the subject of an enforcement action | 9 |
| or "sting
operation" under this Section and is found, pursuant | 10 |
| to the enforcement action,
to be in compliance with this Act | 11 |
| shall be notified by the enforcement agency action that no | 12 |
| violation was found within 30 days after the finding.
| 13 |
| (Source: P.A. 92-503, eff. 1-1-02; 93-1057, eff. 12-2-04.)
| 14 |
| Section 10. The Sale of Tobacco to Minors Act is amended by | 15 |
| changing the title of the Act and Sections 0.01 and 1 as | 16 |
| follows:
| 17 |
| (720 ILCS 675/Act title)
| 18 |
| An Act to prohibit minors from buying or
selling tobacco in | 19 |
| any of its forms, to prohibit selling, giving or
furnishing | 20 |
| tobacco, in any of its forms, to minors, and to prohibit the | 21 |
| distribution of tobacco samples and providing penalties
| 22 |
| therefor.
| 23 |
| (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
|
|
|
|
HB0604 Enrolled |
- 17 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| Sec. 0.01. Short title. This Act may be cited as the
Sale | 2 |
| and Distribution of Tobacco Products to Minors Act.
| 3 |
| (Source: P.A. 86-1324.)
| 4 |
| (720 ILCS 675/1) (from Ch. 23, par. 2357)
| 5 |
| Sec. 1. Prohibition on sale of tobacco to minors; | 6 |
| prohibition on the distribution of tobacco samples to any | 7 |
| person; use of identification cards; vending machines; lunch
| 8 |
| wagons; out-of-package sales.
| 9 |
| (a) No minor under 18 years of age shall buy any tobacco | 10 |
| product cigar,
cigarette,
smokeless tobacco or tobacco in any | 11 |
| of its forms . No person shall sell, buy
for, distribute samples | 12 |
| of or furnish any tobacco product cigar, cigarette, smokeless | 13 |
| tobacco
or tobacco in any of its forms, to any minor under 18 | 14 |
| years of age. | 15 |
| (a-5) No minor under 16 years of
age may sell any tobacco | 16 |
| product cigar, cigarette, smokeless tobacco, or tobacco in any | 17 |
| of its
forms at a retail
establishment selling tobacco | 18 |
| products. This subsection does not apply
to a sales clerk in a | 19 |
| family-owned business which can prove that the sales
clerk
is | 20 |
| in fact a son or daughter of the owner.
| 21 |
| (a-6) No minor under 18 years of age in the furtherance or | 22 |
| facilitation of obtaining any tobacco product cigar, | 23 |
| cigarette, smokeless tobacco, or tobacco in any of its forms | 24 |
| shall display or use a false or forged identification card or | 25 |
| transfer, alter, or deface an identification card.
|
|
|
|
HB0604 Enrolled |
- 18 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| (a-7) A person shall not distribute without charge samples | 2 |
| of any tobacco product to any other person, regardless of age: | 3 |
| (1) within a retail establishment selling tobacco | 4 |
| products, unless the retailer has verified the purchaser's | 5 |
| age with a government issued identification; | 6 |
| (2) from a lunch wagon; or | 7 |
| (3) on a public way as a promotion or advertisement of | 8 |
| a tobacco manufacturer or tobacco product. | 9 |
| This subsection (a-7) does not apply to the distribution of | 10 |
| a tobacco product sample in any adult-only facility. | 11 |
| For the purpose of this Section : , | 12 |
| "Adult-only facility means a facility or restricted | 13 |
| area (whether open-air or enclosed) where the operator | 14 |
| ensures or has a reasonable basis to believe (such as by | 15 |
| checking identification as required under State law, or by | 16 |
| checking the identification of any person appearing to be | 17 |
| under the age of 27) that no person under legal age is | 18 |
| present. A facility or restricted area need not be | 19 |
| permanently restricted to persons under legal age to | 20 |
| constitute an adult-only facility, provided that the | 21 |
| operator ensures or has a reasonable basis to believe that | 22 |
| no person under legal age is present during the event or | 23 |
| time period in question. | 24 |
| "Lunch wagon" means a mobile vehicle
designed and | 25 |
| constructed to transport food and from which food is sold | 26 |
| to the
general public. |
|
|
|
HB0604 Enrolled |
- 19 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| "Smokeless "smokeless tobacco" means any tobacco
| 2 |
| products that are suitable for dipping or chewing.
| 3 |
| "Tobacco product" means any cigar, cigarette, | 4 |
| smokeless tobacco, or tobacco in any of its
forms. | 5 |
| (b) Tobacco products listed above may be sold through a | 6 |
| vending machine
only if such tobacco products are not placed | 7 |
| together with any non-tobacco product, other than matches, in | 8 |
| the vending machine and the vending machine is in
any of the | 9 |
| following locations:
| 10 |
| (1) (Blank).
| 11 |
| (2) Places to which minors under 18 years of age are | 12 |
| not permitted access.
| 13 |
| (3) Places where alcoholic beverages are sold and | 14 |
| consumed on the
premises and vending machine operation is | 15 |
| under the direct supervision of the owner or manager.
| 16 |
| (4) (Blank).
| 17 |
| (5) Places where the vending machine can only be | 18 |
| operated by the owner or
an employee over age 18 either | 19 |
| directly or through a remote control device if
the device | 20 |
| is inaccessible to all customers.
| 21 |
| (c) (Blank) The sale or distribution at no charge of | 22 |
| cigarettes from a lunch wagon
engaging in any sales activity | 23 |
| within 1,000 feet of any public or private
elementary or | 24 |
| secondary school grounds is prohibited .
| 25 |
| For the purpose of this Section, "lunch wagon" means a | 26 |
| mobile vehicle
designed and constructed to transport food and |
|
|
|
HB0604 Enrolled |
- 20 - |
LRB096 07343 RLC 17429 b |
|
| 1 |
| from which food is sold to the
general public. | 2 |
| (d) The sale or distribution by any person of a tobacco | 3 |
| product listed above, including but not limited to a single or | 4 |
| loose cigarette, that is not contained within a sealed | 5 |
| container, pack, or package as provided by the manufacturer, | 6 |
| which container, pack, or package bears the health warning | 7 |
| required by federal law, is prohibited.
| 8 |
| (Source: P.A. 95-905, eff. 1-1-09.)
| 9 |
| Section 15. The Display of
Tobacco Products Act is amended | 10 |
| by changing Section 15 as follows: | 11 |
| (720 ILCS 677/15)
| 12 |
| Sec. 15. Vending machines. This Act does not prohibit the | 13 |
| sale
of tobacco products from vending machines if the location | 14 |
| of the
vending machines are in compliance with the provisions | 15 |
| of Section 1 of
the Sale and Distribution of Tobacco Products | 16 |
| to Minors Act.
| 17 |
| (Source: P.A. 93-886, eff. 1-1-05.)
|
|