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| Public Act 095-0905 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Sale of Tobacco to Minors Act is amended by | ||||
changing Section 1 as follows:
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(720 ILCS 675/1) (from Ch. 23, par. 2357)
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Sec. 1. Prohibition on sale of tobacco to minors; use of | ||||
identification cards; vending machines; lunch
wagons; | ||||
out-of-package sales.
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(a) No minor under 18 years of age shall buy any cigar,
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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. | ||||
(a-5) No minor under 16 years of
age may sell any cigar, | ||||
cigarette, smokeless tobacco, or tobacco in any of its
forms at | ||||
a retail
establishment selling tobacco products. This | ||||
subsection does not apply
to a sales clerk in a family-owned | ||||
business which can prove that the sales
clerk
is in fact a son | ||||
or daughter of the owner.
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(a-6) No minor under 18 years of age in the furtherance or | ||||
facilitation of obtaining any cigar, cigarette, smokeless | ||||
tobacco, or tobacco in any of its forms shall display or use a | ||||
false or forged identification card or transfer, alter, or | ||
deface an identification card.
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For the purpose of this Section, "smokeless tobacco" means | ||
any tobacco
products that are suitable for dipping or chewing.
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(b) Tobacco products listed above may be sold through a | ||
vending machine
only if such tobacco products are not placed | ||
together with any non-tobacco product, other than matches, in | ||
the vending machine and the vending machine is in
any of the | ||
following locations:
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(1) (Blank) Factories, businesses, offices, private | ||
clubs, and other places not
open to the general public.
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(2) Places to which minors under 18 years of age are | ||
not permitted access.
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(3) Places where alcoholic beverages are sold and | ||
consumed on the
premises and vending machine operation is | ||
under the direct supervision of the owner or manager.
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(4) (Blank) 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
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machine.
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(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.
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(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.
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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. | ||
(d) The sale or distribution by any person of a tobacco | ||
product listed above, including but not limited to a single or | ||
loose cigarette, that is not contained within a sealed | ||
container, pack, or package as provided by the manufacturer, | ||
which container, pack, or package bears the health warning | ||
required by federal law, is prohibited.
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(Source: P.A. 93-284, eff. 1-1-04; 93-886, eff. 1-1-05.)
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