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90_HB1247
New Act
Creates the County Retail License for Tobacco Products
Act. Provides that a county board may require a license and
fee for retailers of tobacco products. Provides that if a
licensee violates the Act, then in addition to a fine the
license may be suspended, revoked, or canceled and that if a
licensee violates the Sale of Tobacco to Minors Act or the
Smokeless Tobacco Limitation Act, then the license shall be
suspended, revoked, or cancelled. Effective immediately.
LRB9004892PTcw
LRB9004892PTcw
1 AN ACT concerning county retail licenses for tobacco
2 products.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 County Retail License for Tobacco Products Act.
7 Section 5. Definitions. For purposes of this Act:
8 "Business" means any trade, occupation, activity, or
9 enterprise that sells tobacco products at retail.
10 "Place of business" means any place where tobacco
11 products are sold at retail, including a vessel, vehicle,
12 airplane, train, or vending machine.
13 "Retailer" means a person engaged in the business of
14 selling tobacco products to consumers in the county,
15 regardless of quantity or number of sales.
16 "Sale" means any transfer, exchange, or barter in any
17 manner or by any means whatsoever for consideration.
18 "Tobacco products" means cigars, cigarettes, smokeless
19 tobacco, or tobacco in any of its forms.
20 Section 10. Licenses. A county board may require
21 retailers within the county's jurisdiction to have a license
22 to sell tobacco products. If the board requires the license,
23 then it shall be unlawful for any person to engage in
24 business as a retailer of tobacco products in the county
25 without first having obtained a license to do so from the
26 county board. Application for that license shall be made to
27 the county board in a form prescribed and furnished by the
28 board. Each applicant for a license shall furnish to the
29 county board on a form, signed and verified by the applicant,
30 the following information:
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1 (1) The name of the applicant.
2 (2) The address of the location at which the
3 applicant proposes to engage in business as a retailer of
4 tobacco products in the county.
5 (3) Other information the board may reasonably
6 require.
7 An applicant who is required to procure a retailer's
8 license shall pay a fee determined by the county board for
9 the administration of the licenses.
10 The county board, upon receipt of an application and fee,
11 may investigate the fitness of the applicant for a license.
12 Within 30 days after the application and fee are received, if
13 the board approves the application, it shall issue to the
14 applicant a license that shall permit the applicant to whom
15 it is issued to engage in business as a retailer at the place
16 shown on his or her application. No license issued under this
17 Act is transferable or assignable. The license shall be
18 conspicuously displayed in the place of business operated by
19 the licensee in the county. Licenses issued by the county
20 board under this Act shall be valid for a period not to
21 exceed one year after issuance unless sooner revoked,
22 canceled, or suspended as provided in this Act.
23 Section 15. License actions. The county board may, after
24 notice and a hearing, revoke, cancel, or suspend the license
25 of any retailer who violates any of the provisions of this
26 Act. The notice shall specify the alleged violation or
27 violations upon which the revocation, cancellation, or
28 suspension proceeding is based.
29 The county board may, by application to the circuit
30 court, obtain an injunction restraining a person who within
31 the county engages in business as a retailer of tobacco
32 products without a license (either because his or her license
33 has been revoked, canceled, or suspended or because of a
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1 failure to obtain a license in the first instance) from
2 engaging in that business until that person, as if that
3 person were a new applicant for a license, complies with all
4 of the conditions, restrictions, and requirements of Section
5 10 of this Act and qualifies for and obtains a license.
6 Refusal or neglect to obey the order of the court may result
7 in punishment for contempt.
8 Section 20. Violations and penalties. Any person who
9 violates any provision of Section 10 of this Act or wilfully
10 violates a rule or regulation of the county board for the
11 administration and enforcement of this Act shall (i) for the
12 first offense be punished by a fine of not less than $100 and
13 not more than $500, (ii) for a second offense within a 2-year
14 period be punished by a fine of not less than $250 and not
15 more than $500, and (iii) for more than 2 offenses within a
16 2-year period be punished by a fine of not less than $500 and
17 not more than $1,000 for each additional offense. The county
18 board may also revoke, cancel, or suspend the license. A
19 person commits a separate offense on each day that he or she
20 engages in business in violation of Section 10 of this Act. A
21 person who violates the Sale of Tobacco to Minors Act or the
22 Smokeless Tobacco Limitation Act shall have the license
23 suspended, revoked, or canceled. A prosecution for a
24 violation described in this Section may be commenced within 3
25 years after the commission of the act constituting the
26 violation.
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.