Public Act 93-0284

SB1030 Enrolled                      LRB093 03421 RLC 03441 b

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Sale of Tobacco to Minors Act is amended
by changing Section 1 as follows:

    (720 ILCS 675/1) (from Ch. 23, par. 2357)
    Sec.  1.  Prohibition  on  sale  of  tobacco  to  minors;
vending machines; lunch wagons.
    (a)  No minor under 18 years of age shall buy any  cigar,
cigarette,  smokeless tobacco or tobacco in any of its forms.
No person shall sell,  buy  for,  distribute  samples  of  or
furnish any cigar, cigarette, smokeless tobacco or tobacco in
any of its forms, to any minor under 18 years of age.
    For  the  purpose  of  this  Section, "smokeless tobacco"
means any tobacco products that are suitable for  dipping  or
chewing.
    (b)  Tobacco  products listed above may be sold through a
vending machine only in the following locations:
         (1)  Factories, businesses, offices, private  clubs,
    and other places not open to the general public.
         (2)  Places  to  which  minors under 18 years of age
    are not permitted access.
         (3)  Places where alcoholic beverages are  sold  and
    consumed on the premises.
         (4)  Places  where  the vending machine is under the
    direct supervision of the owner of the  establishment  or
    an  employee  over  18 years of age.  The sale of tobacco
    products from a vending machine under direct  supervision
    of  the  owner  or  an  employee  of the establishment is
    considered a sale of tobacco products by that person.  As
    used in this subdivision, "direct supervision" means that
    the owner or employee has an unimpeded line of  sight  to
    the vending machine.
         (5)  Places  where  the  vending machine can only be
    operated by the owner or an employee over age  18  either
    directly or through a remote control device if the device
    is inaccessible to all customers.
    (c)  The  sale or distribution at no charge of cigarettes
from a lunch wagon engaging  in  any  sales  activity  within
1,000  feet  of any public or private elementary or secondary
school grounds is prohibited.
    For the purpose of this Section, "lunch  wagon"  means  a
mobile vehicle designed and constructed to transport food and
from which food is sold to the general public.
(Source: P.A. 89-181, eff. 7-19-95.)

Effective Date: 1/1/2004