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90_HB3345
720 ILCS 675/1 from Ch. 23, par. 2357
720 ILCS 675/2 from Ch. 23, par. 2358
720 ILCS 675/3 new
720 ILCS 675/4 new
720 ILCS 675/5 new
720 ILCS 675/6 new
720 ILCS 675/7 new
Amends the Sale of Tobacco to Minors Act. Requires
tobacco vendors to obtain a license from the State.
Increases penalties for the distribution of tobacco to
persons under 18 years of age. Requires persons who sell
tobacco products to obtain a license from the State.
LRB9009791LDdv
LRB9009791LDdv
1 AN ACT to amend the Sale of Tobacco to Minors Act by
2 changing Sections 1 and 2 and adding Sections 3, 4, 5, 6 and
3 7.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Sale of Tobacco to Minors Act is amended
7 by changing Sections 1 and 2 and adding Sections 3, 4, 5, 6
8 and 7 as follows:
9 (720 ILCS 675/1) (from Ch. 23, par. 2357)
10 Sec. 1. No minor under 18 years of age shall buy any
11 cigar, cigarette, smokeless tobacco or tobacco in any of its
12 forms. No retailer person shall sell, buy for, distribute
13 samples of or furnish any cigar, cigarette, smokeless tobacco
14 or tobacco product in any of its forms, to any minor under 18
15 years of age.
16 For the purpose of this Section, "smokeless tobacco"
17 means any tobacco products that are suitable for dipping or
18 chewing.
19 Tobacco products listed above may be sold through a
20 vending machine only in the following locations:
21 (1) Factories, businesses, offices, private clubs,
22 and other places not open to the general public.
23 (2) Places to which minors under 18 years of age
24 are not permitted access.
25 (3) Taverns, if the vending machine is at least 25
26 feet from any entrance Places where alcoholic beverages
27 are sold and consumed on the premises.
28 (4) Places where the vending machine is under the
29 direct supervision of the owner of the establishment or
30 an employee over 18 years of age. The sale of tobacco
31 products from a vending machine under direct supervision
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1 of the owner or an employee of the establishment is
2 considered a sale of tobacco products by that person. As
3 used in this subdivision, "direct supervision" means that
4 the owner or employee has an unimpeded line of sight to
5 the vending machine.
6 (5) Places where the vending machine can only be
7 operated by the owner or an employee over age 18 either
8 directly or through a remote control device if the device
9 is inaccessible to all customers.
10 (Source: P.A. 89-181, eff. 7-19-95.)
11 (720 ILCS 675/2) (from Ch. 23, par. 2358)
12 Sec. 2. Any retailer person who violates any provision
13 of this Act is guilty of a petty offense and for the first
14 offense shall be fined $250 $200, $500 and a 30 day
15 suspension of that retailer's license $400 for the second
16 offense in a 12-month period, and $1,000 and a one year
17 suspension of that retailer's license $600 for the third or
18 any subsequent offense in a 12-month period. One-half of each
19 fine collected under this Section shall be distributed to the
20 unit of local government or other entity that successfully
21 prosecuted the offender and one-half shall be remitted to the
22 State to be used for enforcing this Act. Any person who sells
23 tobacco products without a license as required by this Act or
24 after a suspension of a license pursuant to this Act is
25 guilty of a petty offense and shall be fined $500. Each
26 instance in which a person sells tobacco products without a
27 valid license shall constitute a separate and distinct
28 violation.
29 (Source: P.A. 88-418.)
30 (720 ILCS 675/3 new)
31 Sec. 3. Definitions. As used in this Act:
32 "Retailer" means a person who sells tobacco products to
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1 individuals for personal consumption or who operates a
2 facility containing vending machines that dispense tobacco
3 products or self-service displays of tobacco products.
4 "Tobacco product" means any substance containing tobacco
5 leaf, including but not limited to cigarettes, cigars, snuff,
6 smoking tobacco, and smokeless tobacco.
7 "Person" means an individual, firm, partnership, joint
8 venture, association, corporation, estate, trust, trustee, or
9 other group or combination acting as a unit, except the
10 United States of America, the State of Illinois, or any
11 political subdivision thereof.
12 "Tobacco product sample" means a tobacco product
13 distributed to members of the general public at no cost or at
14 nominal cost for purposes of promoting the product.
15 "Vending machine" means a mechanical, electronic, or
16 self-service device that, upon insertion of money, tokens, or
17 any other form of payment, automatically dispenses tobacco
18 products.
19 "Distribute" means to give, sell, deliver, dispense, or
20 issue or offer to give, sell, deliver, dispense, or issue, or
21 cause or hire any person to give, sell, deliver, dispense,
22 issue, or offer to give, sell, deliver, dispense, or issue.
23 "Public place" means any area to which the public is
24 invited or permitted.
25 "Tavern" means an enclosed place of business kept, used,
26 maintained, advertised, or held out to the public as a place
27 that primarily serves alcoholic liquor for consumption on the
28 premises and in which providing entertainment or the serving
29 of food is only incidental or secondary to the sale of
30 alcoholic beverages for immediate consumption. "Tavern" does
31 not include a restaurant, catering hall, bowling alley,
32 billiard parlor, discotheque, theater, or arena.
33 "Photographic identification" means any officially issued
34 card containing the bearer's date of birth that includes a
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1 photograph of a person that is accepted as proof of age under
2 Illinois law.
3 "Point of sale" means a store, stand, building, boat,
4 vending machine, or any other separate place of business
5 maintained by a seller from which tobacco products are made
6 available for distribution to consumers. "Point of sale"
7 does not include separate cash registers or service counters
8 within a store or other place of business.
9 "Licensee" means a person who holds a tobacco product
10 retailer's license under this Act.
11 (720 ILCS 675/4 new)
12 Sec. 4. Prohibitions on distribution of tobacco
13 products.
14 (a) Each retailer shall request and examine the
15 photographic identification of any person purchasing tobacco
16 products to verify that the purchaser is over 18 years of
17 age. No such verification is required for any person who
18 appears without reasonable doubt to be over 27 years of age.
19 (b) No retailer may break or otherwise open a cigarette
20 or smokeless tobacco package to distribute individual
21 cigarettes or a number of unpackaged cigarettes that is
22 smaller than the minimum cigarette package size of 20
23 cigarettes or any quantity of cigarette tobacco or smokeless
24 tobacco that is smaller than the smallest package distributed
25 by the manufacturer for individual consumer use.
26 (c) No person shall give away, barter, exchange,
27 distribute or in any way dispense free of charge or at
28 nominal cost any tobacco product samples or any coupon
29 redeemable for any tobacco products (i) on any public street,
30 alley, sidewalk; (ii) in any public park, ground, or
31 playground; (iii) in any area open to the public in any
32 publicly owned or operated building; or (iv) at any place
33 located within 500 feet of any building or other location
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1 used primarily as a school, child care facility, or for the
2 education or recreation of children under 18 years of age.
3 (d) No retailer shall distribute tobacco products at any
4 place located within 500 feet of any building or other
5 location used primarily as a school, child care facility, or
6 for the education or recreation of children under 18 years of
7 age. This prohibition shall not apply to any business
8 engaged in the retail sale of tobacco products from a
9 location from which it was selling tobacco products on the
10 effective date of this Act. This exemption shall apply to any
11 new owner at the same location providing the same service.
12 (720 ILCS 675/5 new)
13 Sec. 5. Vending machine signs.
14 (a) A retailer of tobacco products shall place and
15 maintain, in legible condition, at each point of sale of
16 tobacco products to consumers, including the front of each
17 vending machine, a sign stating:
18 "WARNING
19 It is a violation of the law for cigarettes or other
20 tobacco products to be sold to any person under the age of 18
21 years."
22 The sign shall not be less than 8 inches by 11 inches in
23 size, except for a sign placed on the front of a vending
24 machine. The sign for a vending machine shall not be less
25 than 4 inches by 4 inches in size. The text of the sign
26 shall be in red letters at least one inch high on a white
27 background.
28 (b) The Department of Public Health shall issue an
29 adhesive self-voiding license emblem to be placed on each
30 licensed tobacco product vending machine. Each license
31 emblem shall be coded to identify the retailer who has
32 control over each tobacco product vending machine. The
33 license emblem shall bear the words "Licensed Tobacco Product
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1 Vending Machine". The license shall designate the period for
2 which the license is valid, shall contain a reproduction of
3 the State seal, shall contain a space for a brief description
4 of the name, style, and type of vending machine to be
5 licensed and the location of the vending machine. A
6 replacement license emblem will not be issued unless the
7 application for the replacement emblem is accompanied by a
8 police report of the incident in which the emblem to be
9 replaced was lost, stolen, or mutilated or unless the
10 remnants of the emblem being replaced are submitted with the
11 replacement application.
12 (720 ILCS 675/6 new)
13 Sec. 6. Licensing of tobacco product retailers.
14 (a) Begining July 1, 1999, no person shall engage in the
15 retail sale of tobacco products or operate a facility
16 containing vending machines that dispense tobacco products
17 unless the person is authorized to do so by a license issued
18 pursuant to this Act or is an employee or agent of a person
19 who has been issued a license pursuant to this Act. A
20 separate license must be obtained for each point of sale
21 maintained by the retailer. A license to sell tobacco
22 products shall be displayed prominently at the point of sale
23 for which it is issued.
24 (b) The Department of Public Health shall administer the
25 licensing of retailers of tobacco products and shall approve
26 or deny all applications for licenses and revoke existing
27 licenses pursuant to this Act.
28 (c) An application for a tobacco retailer's license
29 shall be filed in writing with the Department of Public
30 Health on a form provided by the Department. Each
31 application for a license shall contain the following:
32 (1) the applicant's full name, the address and
33 telephone number where the applicant is engaged in the
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1 business of the retail sale of tobacco products, and the
2 name, address, and telephone number of a person
3 authorized to receive notices issued pursuant to this
4 Act;
5 (2) if the applicant is a corporation, the
6 corporate name, the address and telephone number of its
7 principal place of business, the date and state of
8 incorporation, the names of the corporate officers, and
9 the name, address, and telephone number of a person
10 authorized to receive notices issued pursuant to this
11 Act;
12 (3) if the applicant is a partnership, the name,
13 address, and telephone number of the principal place of
14 business, the names of all partners, and the name,
15 address, and telephone number of a person authorized to
16 receive notices issued pursuant to this Act. Any retailer
17 whose license is revoked for violating this Act shall be
18 prohibited from obtaining a tobacco retailer's license
19 for one year.
20 (d) Every retailer's license shall be issued for an
21 annual period beginning January 1 of a given year and ending
22 December 31 of that year. Each license shall expire on the
23 last day of the license year for which the license was
24 issued.
25 (e) The annual license fee for a retailer shall be $125
26 per license. If a licensee operates more than one vending
27 machine at the same premises, the licensee shall pay the
28 annual license fee of $125 for the first vending machine
29 license and $25 for each additional vending machine license.
30 (f) The transfer of any license issued pursuant to this
31 Act is prohibited. Any such purported transfer is void.
32 (720 ILCS 675/7 new)
33 Sec. 7. Severability. The provisions of this Act are
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1 severable under Section 1.31 of the Statute on Statutes.