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90_HB1505
720 ILCS 5/Art. 29D heading new
720 ILCS 5/29D-5 new
720 ILCS 5/29D-10 new
720 ILCS 5/29D-15 new
720 ILCS 675/1 from Ch. 23, par. 2357
Amends the Criminal Code and the Sale of Tobacco to
Minors Act. Makes it unlawful to sell or distribute
cigarettes or other tobacco products through vending
machines. Makes first or second violation within a 12-month
period a petty offense and third or subsequent violation
within a 12-month period a business offense.
LRB9004303DJcd
LRB9004303DJcd
1 AN ACT concerning tobacco products, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 adding Article 29D as follows:
6 (720 ILCS 5/Art. 29D heading new)
7 ARTICLE 29D. SALE OF TOBACCO PRODUCTS
8 THROUGH VENDING MACHINES
9 (720 ILCS 5/29D-5 new)
10 Sec. 29D-5. Sale of tobacco products through vending
11 machines prohibited.
12 (a) In this Article:
13 "Smokeless tobacco" means any finely cut, ground,
14 powdered, or leaf tobacco that is intended to be placed in
15 the oral cavity.
16 "Vending machine" or "vending device" means any
17 mechanical device used or intended to be used for retail
18 sales of products, the operation of which is governed or
19 controlled by the deposit of currency, a coin, or a token.
20 (b) It is unlawful to sell or distribute any cigar,
21 cigarette, smokeless tobacco, or tobacco in any of its forms
22 through a vending machine or vending device.
23 (720 ILCS 5/29D-10 new)
24 Sec. 29D-10. Penalties.
25 (a) A person who violates Section 29D-5 a first or
26 second time within a 12-month period is guilty of a petty
27 offense and shall be fined $200 for the first offense and
28 $400 for the second offense committed within a 12-month
29 period. A person who violates Section 29D-5 a third or
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1 subsequent time within a 12-month period is guilty of a
2 business offense and shall be fined $600 for the third or
3 subsequent offense committed within a 12-month period.
4 (b) One-half of each fine collected under this Section
5 shall be distributed to the unit of local government or other
6 entity that successfully prosecuted the offender and one-half
7 shall be remitted to the State to be used for enforcing this
8 Article.
9 (720 ILCS 5/29D-15 new)
10 Sec. 29D-15. Effect on other Acts. Nothing in this
11 Article shall be construed to affect any tax that may be owed
12 under the Cigarette Tax Act, the Cigarette Use Tax Act, the
13 Tobacco Products Tax Act, or any other Act in connection with
14 the lawful sale or distribution of cigarettes or tobacco in
15 any of its forms through a vending machine or vending device
16 before the effective date of this amendatory Act of 1997.
17 Nothing in this Article shall be construed to affect any
18 other requirements of law with respect to the lawful sale or
19 distribution of cigarettes or tobacco in any of its forms
20 before the effective date of this amendatory Act of 1997.
21 Section 10. The Sale of Tobacco to Minors Act is
22 amended by changing Section 1 as follows:
23 (720 ILCS 675/1) (from Ch. 23, par. 2357)
24 Sec. 1. No minor under 18 years of age shall buy any
25 cigar, cigarette, smokeless tobacco or tobacco in any of its
26 forms. No person shall sell, buy for, distribute samples of
27 or furnish any cigar, cigarette, smokeless tobacco or tobacco
28 in any of its forms, to any minor under 18 years of age.
29 For the purpose of this Section, "smokeless tobacco"
30 means any tobacco products that are suitable for dipping or
31 chewing.
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1 Tobacco products listed above may be sold through a
2 vending machine only in the following locations:
3 (1) Factories, businesses, offices, private clubs,
4 and other places not open to the general public.
5 (2) Places to which minors under 18 years of age
6 are not permitted access.
7 (3) Places where alcoholic beverages are sold and
8 consumed on the premises.
9 (4) Places where the vending machine is under the
10 direct supervision of the owner of the establishment or
11 an employee over 18 years of age. The sale of tobacco
12 products from a vending machine under direct supervision
13 of the owner or an employee of the establishment is
14 considered a sale of tobacco products by that person. As
15 used in this subdivision, "direct supervision" means that
16 the owner or employee has an unimpeded line of sight to
17 the vending machine.
18 (5) Places where the vending machine can only be
19 operated by the owner or an employee over age 18 either
20 directly or through a remote control device if the device
21 is inaccessible to all customers.
22 (Source: P.A. 89-181, eff. 7-19-95.)