093_SB0403

 
                                     LRB093 09333 MBS 09566 b

 1        AN ACT in relation to criminal law.

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

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

 6        (720 ILCS 675/1) (from Ch. 23, par. 2357)
 7        Sec.  1.   No  minor  under 18 years of age shall buy any
 8    cigar, cigarette, smokeless tobacco or tobacco in any of  its
 9    forms.  No  person shall sell, buy for, distribute samples of
10    or furnish any cigar, cigarette, smokeless tobacco or tobacco
11    in any of its forms, to any minor under 18 years of  age.  No
12    minor  under  18 years of age may be employed or permitted to
13    sell any cigar, cigarette, smokeless tobacco, or  tobacco  in
14    any of its forms at a retail establishment authorized to sell
15    tobacco  products.   No  minor under 18 years of age may sell
16    any cigar, cigarette, smokeless tobacco, or tobacco in any of
17    its forms  at  a  retail  establishment  authorized  to  sell
18    tobacco  products.   This  Section  does not apply to a sales
19    clerk in a family-owned business which  can  prove  that  the
20    sales clerk is in fact a son or daughter of the owner.
21        For  the  purpose  of  this  Section, "smokeless tobacco"
22    means any tobacco products that are suitable for  dipping  or
23    chewing.
24        Tobacco  products  listed  above  may  be  sold through a
25    vending machine only in the following locations:
26             (1)  Factories, businesses, offices, private  clubs,
27        and other places not open to the general public.
28             (2)  Places  to  which  minors under 18 years of age
29        are not permitted access.
30             (3)  Places where alcoholic beverages are  sold  and
31        consumed on the premises.
 
                            -2-      LRB093 09333 MBS 09566 b
 1             (4)  Places  where  the vending machine is under the
 2        direct supervision of the owner of the  establishment  or
 3        an  employee  over  18 years of age.  The sale of tobacco
 4        products from a vending machine under direct  supervision
 5        of  the  owner  or  an  employee  of the establishment is
 6        considered a sale of tobacco products by that person.  As
 7        used in this subdivision, "direct supervision" means that
 8        the owner or employee has an unimpeded line of  sight  to
 9        the vending machine.
10             (5)  Places  where  the  vending machine can only be
11        operated by the owner or an employee over age  18  either
12        directly or through a remote control device if the device
13        is inaccessible to all customers.
14    (Source: P.A. 89-181, eff. 7-19-95.)