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reasonably believes such cigarettes have been received from a |
person described in paragraph (a)(1). Common or contract |
carriers may make deliveries of cigarettes to licensed |
distributors described in paragraph (a)(1) of this Section. |
Nothing in this subsection (b) shall be construed to prohibit a |
person other than a common or contract carrier from |
transporting not more than 1,000 cigarettes at any one time to |
any person in this State.
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(c) A common or contract carrier may not complete the |
delivery of any cigarettes to persons other than those |
described in paragraph (a)(1) of this Section without first |
obtaining from the purchaser an official written |
identification from any state or federal agency that displays |
the person's date of birth or a birth certificate that includes |
a reliable confirmation that the purchaser is at least 18 years |
of age; that the cigarettes purchased are not intended for |
consumption by an individual who is younger than 18 years of |
age; and a written statement signed by the purchaser that |
certifies the purchaser's address and that the purchaser is at |
least 18 years of age. The statement shall also confirm: (1) |
that the purchaser understands that signing another person's |
name to the certification is illegal; (2) that the sale of |
cigarettes to individuals under 18 years of age is illegal; and |
(3) that the purchase of cigarettes by individuals under 18 |
years of age is illegal under the laws of Illinois. |
(d) When a person engaged in the business of selling
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cigarettes ships or causes to be shipped any cigarettes to any |
person in this State, other than in the cigarette |
manufacturer's or tobacco products manufacturer's original |
container or wrapping, the container or wrapping must be |
plainly and visibly marked with the word "cigarettes".
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(e) When a peace officer of this State or any duly |
authorized officer or employee of the Illinois Department of |
Public Health or Department of Revenue discovers any cigarettes |
which have been or which are being shipped or transported in |
violation of this Section, he or she shall seize and take |
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possession of the cigarettes, and the cigarettes shall be |
subject to a forfeiture action pursuant to the procedures |
provided under the Cigarette Tax Act or Cigarette Use Tax Act.
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Section 10. Violation. |
(a) A person who violates subsection (a), (b), or (c) of |
Section 5 is guilty of a Class A misdemeanor. A second or |
subsequent violation of subsection (a), (b), or (c) of Section |
5 is a Class 4 felony.
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(b) The Department of Revenue shall impose a civil penalty |
not to exceed $5,000 on any person who violates subsection (a), |
(b), or (c) of Section 5. The Department of Revenue shall |
impose a civil penalty not to exceed $5,000 on any person |
engaged in the business of selling cigarettes who ships or |
causes to be shipped any such cigarettes to any person in this |
State in violation of subsection (d) of Section 5.
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(c) Any person aggrieved by any decision of the Department |
of Revenue may, within 60 days after notice of that decision, |
protest in writing and request a hearing. The Department of |
Revenue shall give notice to the person of the time and place |
for the hearing and shall hold a hearing before it issues a |
final administrative decision. Absent a written protest within |
60 days, the Department's decision shall become final without |
any further determination made or notice given.
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Section 99. Effective date. This Act takes effect July 1, |
2004.
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