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90_HB0796
65 ILCS 5/11-20-3.1 new
720 ILCS 675/Act title
720 ILCS 675/0.01 from Ch. 23, par. 2356.9
720 ILCS 675/1 from Ch. 23, par. 2357
720 ILCS 675/2 from Ch. 23, par. 2358
Amends the Illinois Municipal Code. Provides that a
municipality may provide for the regulation, licensing, and
inspection of any retail business or establishment selling
cigarettes or other tobacco products, may determine the
number of licenses, and may determine the location for sales.
Amends the Sale of Tobacco to Minors Act. Changes the short
title to the Prevention of Tobacco Use by Minors Act.
Prohibits minors from possessing or smoking tobacco (now only
the buying by and the sale and distribution to minors of
tobacco is prohibited). Provides that the court may impose
for possession or smoking of tobacco products by a minor up
to 25 hours of community service for the first offense, up to
25 hours of community service and a fine not to exceed $25
for the second offense, and up to 50 hours of community
service and a fine not to exceed $50 for the third or
subsequent offense. Exempts from violations the possession or
smoking of tobacco products by minors who are members of the
Armed Forces or Reserve Forces and those who participate in
an experimental or research program that is conducted by an
accredited institution of higher education to study the
effects of tobacco products on minors.
LRB9003781RCks
LRB9003781RCks
1 AN ACT in relation to sale, possession, and use of
2 tobacco products by minors.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 adding Section 11-20-3.1 as follows:
7 (65 ILCS 5/11-20-3.1 new)
8 Sec. 11-20-3.1. Regulation of tobacco vendors. The
9 corporate authorities of a municipality may provide for the
10 regulation, licensing, and inspection of any retail business
11 or establishment that is engaged in the selling of cigarettes
12 or other tobacco products. The corporate authorities of a
13 municipality shall have the power by general ordinance to
14 determine the number of licenses issued within the
15 municipality under the authority granted by this Section and
16 the right to determine the location for the sale of
17 cigarettes or other tobacco products.
18 Section 10. The Sale of Tobacco to Minors Act is amended
19 by changing the title of the Act and Sections 0.01, 1, and 2
20 as follows:
21 (720 ILCS 675/Act title)
22 An Act to prevent the use or possession of tobacco by
23 minors prohibit minors from buying or selling tobacco in any
24 of its forms, to prohibit selling, giving or furnishing
25 tobacco, in any of its forms, to minors, and providing
26 penalties therefor.
27 (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
28 Sec. 0.01. Short title. This Act may be cited as the
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1 Prevention of Tobacco Use by Sale of Tobacco to Minors Act.
2 (Source: P.A. 86-1324.)
3 (720 ILCS 675/1) (from Ch. 23, par. 2357)
4 Sec. 1. Sale to and possession and smoking by minors of
5 tobacco prohibited.
6 (a) No minor under 18 years of age shall buy any cigar,
7 cigarette, smokeless tobacco or tobacco in any of its forms.
8 No person shall sell, buy for, distribute samples of or
9 furnish any cigar, cigarette, smokeless tobacco or tobacco in
10 any of its forms, to any minor under 18 years of age.
11 (b) No minor under 18 years of age shall possess or
12 smoke any cigar, cigarette, smokeless tobacco, or tobacco in
13 any of its forms.
14 (c) For the purpose of this Section, "smokeless tobacco"
15 means any tobacco products that are suitable for dipping or
16 chewing.
17 (d) Tobacco products listed in this Section above may be
18 sold through a vending machine only in the following
19 locations:
20 (1) Factories, businesses, offices, private clubs,
21 and other places not open to the general public.
22 (2) Places to which minors under 18 years of age
23 are not permitted access.
24 (3) Places where alcoholic beverages are sold and
25 consumed on the premises.
26 (4) Places where the vending machine is under the
27 direct supervision of the owner of the establishment or
28 an employee over 18 years of age. The sale of tobacco
29 products from a vending machine under direct supervision
30 of the owner or an employee of the establishment is
31 considered a sale of tobacco products by that person. As
32 used in this subdivision, "direct supervision" means that
33 the owner or employee has an unimpeded line of sight to
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1 the vending machine.
2 (5) Places where the vending machine can only be
3 operated by the owner or an employee over age 18 either
4 directly or through a remote control device if the device
5 is inaccessible to all customers.
6 (e) This Section does not apply to the possession or
7 smoking of a cigar, cigarette, smokeless tobacco, or tobacco
8 in any of its forms by a person under 18 years of age who is:
9 (1) a member of the Armed Services or Reserved
10 Forces of the United States; or
11 (2) participating in an experimental or research
12 program that is conducted by an accredited institution of
13 higher education to study the effects of tobacco products
14 on persons under 18 years of age.
15 (Source: P.A. 89-181, eff. 7-19-95.)
16 (720 ILCS 675/2) (from Ch. 23, par. 2358)
17 Sec. 2. Any person who violates subsection (a) of
18 Section 1 any provision of this Act is guilty of a petty
19 offense and for the first offense shall be fined $200, $400
20 for the second offense in a 12-month period, and $600 for the
21 third or any subsequent offense in a 12-month period. Any
22 person who violates subsection (b) of Section 1 of this Act
23 is guilty of a petty offense and the court may impose a term
24 of up to 25 hours of community service for the first offense,
25 a term of up to 25 hours of community service and a fine not
26 to exceed $25 for the second offense in a 12-month period,
27 and a term of up to 30 hours of community service and a fine
28 not to exceed $50 for the third or any subsequent offense in
29 a 12-month period. One-half of each fine collected under
30 this Section shall be distributed to the unit of local
31 government or other entity that successfully prosecuted the
32 offender and one-half shall be remitted to the State to be
33 used for enforcing this Act.
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1 (Source: P.A. 88-418.)