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90_SB0958 New Act 30 ILCS 105/5.449 new 35 ILCS 130/4 from Ch. 120, par. 453.4 720 ILCS 675/Act rep. 720 ILCS 680/Act rep. 720 ILCS 685/2 from Ch. 23, par. 2358-2 720 ILCS 685/4 from Ch. 23, par. 2358-4 Creates the Juvenile Tobacco Access Prevention Act. Prohibits the sale, purchase for, or distribution of tobacco products, cigarette papers, or paraphernalia that is designed for the smoking or ingestion of tobacco products to a person under 18 years of age. Prohibits a person under 18 years of age from purchasing, possessing, or using tobacco products. Requires the Illinois Liquor Control Commission, as the Enforcing Agency of the Act, to license the retail sellers of tobacco products. Limits vending machine sales of tobacco products to specific locations. Permits local enforcement. Amends the State Finance Act to create the Tobacco Regulation Fund in the State treasury. Amends the Cigarette Tax Act. Makes a person who was convicted of a second violation of the Juvenile Tobacco Access Prevention Act ineligible to receive a cigarette distributor's license. Repeals the Sale of Tobacco to Minors Act and the Smokeless Tobacco Limitation Act. Amends the Tobacco Accessories and Smoking Herbs Control Act to eliminate provisions relating to minors that are covered by the Juvenile Tobacco Access Prevention Act. Effective July 1, 1997. LRB9003207RCks LRB9003207RCks 1 AN ACT to prevent juvenile access to and use of tobacco 2 products, to provide a regulatory scheme for that purpose, 3 and to amend and repeal named Acts. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 1. Short Title. This Act may be cited as the 7 Juvenile Tobacco Access Prevention Act. 8 Section 5. Policy Statement. The General Assembly finds 9 and declares that the threat posed to the health of the 10 children of this State by use or ingestion of tobacco 11 products must be addressed on a comprehensive basis, and 12 that laws establishing minimum standards applicable 13 statewide are the best approach to the restriction of access 14 to tobacco products. The purpose of this Act is to create 15 and facilitate an intergovernmental approach, coordinated 16 and funded through an Enforcement Agency with statewide 17 responsibilities, and implemented with and through the 18 participation of local government. The General Assembly 19 recognizes the crucial and indispensable role to be 20 undertaken in the implementation and enforcement of this Act 21 by units of local government, and particularly by local law 22 enforcement, and that local officials bear primary 23 responsibilities in the enforcement of the criminal 24 penalties established in this Act. 25 Section 10. Definitions. In this Act: 26 "Distribute" means to give, deliver, sell, offer to give, 27 deliver, sell, or cause or hire any person to give, deliver, 28 or sell, or offer to give, deliver, or sell. 29 "Enforcement Agency" means the Illinois Liquor Control 30 Commission. -2- LRB9003207RCks 1 "Health warning" means any tobacco product label mandated 2 by federal law and intended to alert all users of such 3 tobacco product to the health risks associated with tobacco 4 use, including but not limited to warning labels imposed 5 under the Federal Cigarette Labeling and Advertising Act of 6 1965 and the Comprehensive Smokeless Tobacco Education Act 7 of 1986. 8 "Licensee" means any person obtaining a tobacco seller's 9 license under this Act. 10 "Person" means any natural person, company, corporation, 11 firm, partnership, organization, or other legal entity. 12 "Photographic identification" means any officially issued 13 card that includes a photograph of the person seeking to 14 purchase tobacco products and that is accepted as proof of 15 age under State law. 16 "Point of sale" means a store, stand, vending machine or 17 any other separate place of business or point of 18 distribution maintained by a seller from which tobacco 19 products are made available for sale or distribution to 20 consumers. Point of sale does not include separate cash 21 registers or service counters within a store or other place 22 of business. 23 "Seller" means any natural person, company, corporation, 24 firm, partnership, organization, or other legal entity, who 25 sells, dispenses, distributes, or issues tobacco products for 26 commercial purposes. 27 "Tobacco product" means any substance that contains 28 tobacco, including but not limited to cigarettes, cigars, 29 pipes, snuff, smoking tobacco, or smokeless tobacco. 30 Section 15. Prohibition of the sale or transfer of 31 tobacco products to persons under 18 years of age. 32 (a) No person shall sell, buy for, distribute samples 33 of, or otherwise distribute any tobacco product to any -3- LRB9003207RCks 1 person under 18 years of age. 2 (b) No person shall sell, buy for, distribute samples 3 of, or otherwise distribute any cigarette papers, or any 4 other instrument or paraphernalia that is designed for the 5 smoking or ingestion of any tobacco product, to any person 6 under 18 years of age. 7 (c) It shall be an affirmative defense that the seller 8 of a tobacco product, or other prohibited item, to a person 9 under 18 years of age in violation of this Section had 10 requested and examined a government-issued photographic 11 identification from such person establishing that person's 12 age to be at least 18 prior to selling that person a tobacco 13 product. The failure of the seller to request and examine 14 photographic identification from a person under 18 years of 15 age prior to the sale of a tobacco product, or other 16 prohibited item, to that person shall be construed against 17 the seller and form a conclusive basis for the seller's 18 violation of this Section. 19 (d) Violations and penalties. (1) Any person who 20 violates this Section is guilty of a petty offense and shall 21 be liable for a mandatory fine of $200 for the first 22 violation, a mandatory fine of $400 for a second violation 23 occurring after conviction for a first violation and a 24 mandatory fine of $600 for a third or subsequent violation 25 occurring after conviction for a second violation. In 26 addition, convictions of licensees or employees or agents of 27 licensees under this Section shall result in administrative 28 action against the licensee and license in accordance with 29 rules and regulations adopted by the Enforcement Agency 30 under Section 35 of this Act. 31 (e) The Enforcement Agency shall conduct random, 32 unannounced inspections of retail outlets to monitor 33 compliance with this Act, and may designate local 34 governmental and other appropriate agencies to assist it -4- LRB9003207RCks 1 with this function and otherwise in the enforcement of this 2 Act. It shall not be considered a violation of this Section 3 for the Enforcement Agency or a designee, or a local law 4 enforcement agency, to use persons under 18 years of age to 5 purchase or attempt to purchase tobacco products for the 6 purpose of monitoring compliance with this Section, if those 7 persons are supervised by duly authorized Enforcement Agency 8 or designee personnel, or by the personnel of a local law 9 enforcement agency, and the consent of a parent or guardian 10 is obtained. Nothing in this subsection shall be construed 11 to preclude local law enforcement agencies from conducting 12 independent inspections to monitor compliance with this Act. 13 (f) The Enforcement Agency shall prepare a report on 14 enforcement efforts undertaken pursuant to this Act. The 15 report shall include the number of unannounced inspections 16 conducted by the Agency, a summary of enforcement actions 17 taken under this Act, and an assessment of the progress made 18 in the previous fiscal year in reducing the availability of 19 tobacco products to persons under 18 years of age. The 20 Enforcement Agency shall transmit the report annually, on or 21 before January 1, to the Illinois General Assembly committees 22 having cognizance of matters relating to public health and 23 to children, to the Illinois Department of Public Health, 24 and to the State agency designated as being responsible for 25 reducing the rate at which tobacco products are being sold 26 to persons under 18 years of age. 27 Section 20. Juvenile purchase, possession, and 28 consumption of tobacco. 29 (a) No person under 18 years of age shall purchase, 30 possess, or use any tobacco product. 31 (b) Any person under 18 years of age who violates this 32 Section is guilty of a petty offense, and shall be punished 33 by a fine not to exceed $25 for a first offense, $50 for a -5- LRB9003207RCks 1 second offense and $100 for a third or subsequent offense. 2 Persons convicted under this Section may be required to 3 complete up to 100 hours of community service. Where such 4 programs are available, disposition may also include a 5 requirement for participation in an educational program 6 addressing the risks of tobacco consumption. It shall not 7 be considered a violation of this Section for persons under 8 18 years of age to purchase or possess tobacco products 9 while participating in a program for monitoring compliance 10 with this Section conducted by the Enforcement Agency or a 11 designee, or a local law enforcement agency, as long as 12 those persons are supervised by duly authorized Enforcement 13 Agency or designee personnel, or by the personnel of a local 14 law enforcement agency, and the consent of a parent or 15 guardian is obtained. 16 (c) Law enforcement agencies, acting in conjunction with 17 the State's Attorney of the county in which they function, 18 may establish and implement alternative programs for 19 enforcing this Section. Such programs, which shall be 20 voluntary, may include, but are not limited to the use of 21 peer courts or teen courts, and the prescription of 22 educational or community service activities. 23 Section 25. Juvenile misrepresentation of age. 24 (a) No person under 18 years of age shall falsely 25 represent his or her age through the presentation of a false 26 or altered form of identification or by any other means, for 27 the purpose of purchasing tobacco products. 28 (b) Any person under 18 years of age who violates this 29 Section is guilty of a Class A misdemeanor, and shall be 30 required to complete up to 100 hours of community service. 31 Where those programs are available, disposition may also 32 include a requirement for participation in an educational 33 program addressing the risks of tobacco consumption. -6- LRB9003207RCks 1 Section 30. Licensing of tobacco product retailers. 2 (a) No person shall sell tobacco products, offer tobacco 3 products for sale at retail, or keep tobacco products with 4 the intention of selling at retail without having first 5 obtained a tobacco seller's license from the Enforcement 6 Agency. 7 (b) A separate license must be obtained for each point 8 of sale maintained by the seller within the State of 9 Illinois. 10 (c) The tobacco seller's license shall be displayed 11 prominently at the point of sale for which it is issued. 12 (d) Any person selling, offering or keeping tobacco 13 products in violation of this Section is guilty of a 14 Business Offense, for which a mandatory $1000 fine shall be 15 imposed. A person convicted of a second or subsequent 16 violation is guilty of a Class 4 felony. No person 17 convicted under this Section shall be eligible to apply for 18 a license for a period of at least one year following the 19 date of conviction. 20 (e) The annual fee for the license required in this 21 Section shall be $100 per point of sale. 22 Section 35. Enforcement Agency rule making authority. 23 (a) The Enforcement Agency shall promulgate reasonable 24 rules and regulations consistent with this Act to provide 25 for the implementation and administration of this Act. 26 (b) The rules and regulations of the Enforcement Agency 27 shall establish procedures for administrative action against 28 a licensee when a violation or violations of Sections 15 and 29 50 of this Act occur at a point of sale operated under a 30 license, and for a method of administrative adjudication of 31 the violation or violations. Penalties imposed shall 32 include the following: (1) for a first violation committed 33 by a licensee or the employee or agent of a licensee, an -7- LRB9003207RCks 1 administrative penalty of $500; (2) for a second violation, 2 occurring after conviction for a first violation and within 3 a 12-month period, suspension of the license for up to 6 4 months; and (3) for a third violation occurring after 5 conviction for a second violation and within a 12-month 6 period, revocation of the license. In the event of a 7 revocation, the licensee shall be ineligible to reapply for 8 a license for a period of at least one year from the date of 9 revocation. For purposes of this Section, the terms 10 "violation" and "conviction" shall include determinations 11 made under the administrative adjudication procedures 12 required by this Section, in addition to determinations 13 resulting from criminal prosecutions under Sections 15 and 14 50. 15 (c) The rules and regulations promulgated by the 16 Enforcement Agency shall authorize the waiver of suspension 17 or revocation otherwise mandated by this Act, at the 18 discretion of the Enforcement Agency, upon a showing of due 19 diligence. A due diligence waiver shall be granted only 20 when it is clearly established that the licensee's conduct 21 in no way contributed to the violation, and that the 22 licensee took all reasonable steps to ensure that the 23 licensee's employees were fully aware of the provisions of 24 this Act and of the licensee's commitment to strict 25 compliance. In determining whether to waive suspension or 26 revocation, based upon a licensee's due diligence, the 27 Enforcement Agency may consider the following: 28 (1) Whether the licensee required each employee, as part 29 of the application for employment process, to read this Act 30 or a summary of it and sign a covenant that the employee 31 understands and will comply with the Act; 32 (2) Whether the licensee provided verbal instructions to 33 each employee and required the employee to sign a covenant 34 that verbal instructions have been received and understood; -8- LRB9003207RCks 1 and 2 (3) Whether the licensee provided each employee with a 3 written list of the types of identification, as established 4 in the rules of the Enforcement Agency, that are acceptable 5 to establish legal age; 6 (4) Whether the licensee conspicuously posted and 7 reasonably maintained appropriate signs in areas frequented 8 by employees, such as near time cards or in lunchrooms, 9 reminding them of this Act and the sanctions provided under 10 it; 11 (5) Whether the licensee conspicuously posted and 12 reasonably maintained appropriate signs on or near cash 13 registers or comparable areas reminding employees to check 14 identification before selling tobacco products if in any 15 doubt as to the customer's age; and 16 (6) Whether the licensee conspicuously posted and 17 reasonably maintained point of sale warning signs required 18 under Section 40 of this Act, as well as appropriate signs 19 notifying customers that photographic identification is 20 required to purchase tobacco products. 21 Section 40. Mandated point of sale warning signs. 22 (a) Each seller shall place, and maintain in legible 23 condition, at each point of sale of tobacco products to 24 consumers, including the front of each vending machine, and 25 each restricted cigarette vending machine, a sign stating 26 (1) that the distribution, through sale, gift or other means 27 of delivery, of tobacco products to any person under 18 28 years of age is prohibited by Section 15 of this Act, (2) 29 the purchase, possession or consumption of tobacco products 30 by a person under 18 years of age is prohibited by Section 31 20 of this Act, (3) the misrepresentation of age by a person 32 under 18 years of age to purchase tobacco products is 33 prohibited by Section 5 of this Act and (4) the penalties -9- LRB9003207RCks 1 and fines for violating Sections 15, 20 and 25 of this Act. 2 (b) Any person who fails to place and maintain the sign 3 required by this Section is guilty of a Business Offense and 4 shall be fined not more than $500. 5 Section 45. Restrictions on vending machines. Tobacco 6 products may be sold through vending machines only in the 7 following locations: (1) Factories, businesses, offices, 8 private clubs, and other places not open to the general 9 public; (2) Places to which persons under 18 years of age 10 are not permitted access; (3) Places where alcoholic 11 beverages are sold and consumed on the premises; and (4) 12 Places where the vending machine can only be operated by the 13 owner or an employee over age 18 either directly or through 14 a remote control device if the device is inaccessible to all 15 customers. 16 Section 50. Prohibition on the distribution of tobacco 17 products other than in sealed packages. 18 (a) No person shall distribute tobacco products for 19 commercial purposes other than in a sealed package provided 20 by the manufacturer with the required health warning, or 21 distribute cigarettes, even if sealed and including the 22 required health warning, in packages of less than 20. This 23 subsection does not apply to cigars. 24 (b) Violations and penalties. Any person who violates 25 this Section is guilty of a petty offense and shall be 26 liable for a mandatory fine of $500 for the first violation, 27 and a mandatory fine of $1,000 for a second or subsequent 28 violation. In addition, convictions of licensees or 29 employees or agents or licensees under this Section shall 30 result in administrative action against the licensee and 31 license in accordance with rules and regulations adopted by 32 the Enforcement Agency under Section 35 of this Act. -10- LRB9003207RCks 1 Section 55. Transfers of tobacco products from 2 distributors or wholesalers to retailers. 3 (a) No distributor or wholesaler of tobacco products 4 shall sell, distribute, deliver, or in any other manner 5 transfer any tobacco products for sale at retail, to any 6 person not possessing a valid tobacco seller's license, 7 pertaining to the point of sale for which the tobacco 8 products are intended. 9 (b) Any distributor or wholesaler who violates this 10 Section is guilty of a Business Offense, for which a fine of 11 up to $5,000 may be imposed, for a first offense. For a 12 second offense, the distributor or wholesaler is guilty of a 13 Class 4 felony, and shall become ineligible to hold a 14 tobacco distributor's license. 15 Section 60. Tobacco Regulation Fund. All fees collected 16 for licenses and all fines or penalties imposed for 17 violation of this Act shall be deposited in the Tobacco 18 Regulation Fund in the State Treasury which is created, and 19 shall be appropriated therefrom to the Enforcement Agency 20 for the administration and enforcement of this Act. 50% of 21 the monies in the Fund shall be allocated by the Enforcement 22 Agency to local law enforcement agencies to enhance their 23 ability to enforce this Act. 24 Section 65. Severability. If any Section or provision 25 of this Act is held invalid, such invalidity shall not 26 affect other sections or provisions of this Act, which can 27 be given force and effect without the invalidated Section or 28 provision. 29 Section 70. Local Regulation Preemption. 30 (a) Any city, village or incorporated town may enact an 31 ordinance providing for licensing of sellers of tobacco -11- LRB9003207RCks 1 products operating within its corporate limits and 2 establishing procedures for administrative enforcement. Any 3 city, village or incorporated town may enact an ordinance 4 providing for the enforcement of the penalty provisions of 5 this Act as ordinance violations. The provisions of any 6 ordinance enacted by a city, village or incorporated town 7 shall be at least as stringent as the requirements of this 8 Act. Upon certification by the Enforcement Agency that a 9 local licensing ordinance is at least as stringent as this 10 Act, a license issued under it shall satisfy the licensing 11 requirement of Section 30 of this Act. All license fees or 12 penalties collected under a local licensing or enforcement 13 ordinance shall be used exclusively for purposes of 14 enforcing the ordinance authorized under this Section, or for 15 enforcing this Act. 16 (b) If at any time subsequent to certification of a 17 local ordinance, the Enforcement Agency determines that the 18 ordinance is not being enforced by the enacting authority, 19 it may withdraw certification. In the event of withdrawal 20 of certification, the licensing requirements of this Act 21 shall be reimposed upon the expiration of the current local 22 license, but, in any event, no later than one year from the 23 date of withdrawal. 24 (c) Any city, village or incorporated town may enact an 25 ordinance providing for the establishment of minimum age 26 requirements for persons engaged in selling tobacco products, 27 regulation of placement of tobacco products, regulation of 28 placement and usage of vending machines, establishment and 29 implementation of community-based prevention and education 30 programs, and the specification of enforcement procedures, 31 such as sting operations, and other forms of law enforcement 32 pertaining to the enforcement of this Act or an ordinance 33 adopted under subsection (a). 34 (d) The provisions of this Act establish minimum -12- LRB9003207RCks 1 standards applicable to all cities, villages and 2 incorporated towns electing to license or regulate the sale 3 of tobacco products, including home rule units. 4 Section 905. The State Finance Act is amended by adding 5 Section 5.449 as follows: 6 (30 ILCS 105/5.449 new) 7 Sec. 5.449. The Tobacco Regulation Fund. 8 Section 910. The Cigarette Tax Act is amended by 9 changing Section 4 as follows: 10 (35 ILCS 130/4) (from Ch. 120, par. 453.4) 11 Sec. 4. No person may engage in business as a distributor 12 of cigarettes in this State within the meaning of the first 2 13 definitions of distributor in Section 1 of this Act without 14 first having obtained a license therefor from the Department. 15 Application for license shall be made to the Department in 16 form as furnished and prescribed by the Department. Each 17 applicant for a license under this Section shall furnish to 18 the Department on the form signed and verified by the 19 applicant the following information: 20 (a) The name and address of the applicant; 21 (b) The address of the location at which the applicant 22 proposes to engage in business as a distributor of cigarettes 23 in this State; 24 (c) Such other additional information as the Department 25 may lawfully require by its rules and regulations. 26 The annual license fee
payable to the Departmentfor each 27 distributor's license shall be $1,000 $250. The purpose of 28 such annual license fee is to defray the cost, to the 29 Department, of coding, serializing or coding and serializing 30 cigarette tax stamps, and to assist the Enforcement Agency -13- LRB9003207RCks 1 defined in Section 5 of the Juvenile Tobacco Access 2 Prevention Act with costs associated with the enforcement of 3 that Act. Each applicant for license shall pay such fee to 4 the Department at the time of submitting his application for 5 license to the Department. The fee shall be divided equally 6 between the Department and the Enforcement Agency defined in 7 Section 5 of the Juvenile Tobacco Access Prevention Act. The 8 portion allocable to the Enforcement Agency shall be 9 transferred by the Department to the State Treasurer for 10 deposit in the Tobacco Regulation Fund. 11 Every applicant who is required to procure a 12 distributor's license shall file with his application a joint 13 and several bond. Such bond shall be executed to the 14 Department of Revenue, with good and sufficient surety or 15 sureties residing or licensed to do business within the State 16 of Illinois, in the amount of $2,500, conditioned upon the 17 true and faithful compliance by the licensee with all of the 18 provisions of this Act. Such bond, or a reissue thereof, or a 19 substitute therefor, shall be kept in effect during the 20 entire period covered by the license. A separate application 21 for license shall be made, a separate annual license fee 22 paid, and a separate bond filed, for each place of business 23 at which a person who is required to procure a distributor's 24 license under this Section proposes to engage in business as 25 a distributor in Illinois under this Act. 26 The following are ineligible to receive a distributor's 27 license under this Act: 28 (1) a person who is not of good character and reputation 29 in the community in which he resides; 30 (2) a person who has been convicted of a felony under 31 any Federal or State law, if the Department, after 32 investigation and a hearing, if requested by the applicant, 33 determines that such person has not been sufficiently 34 rehabilitated to warrant the public trust; -14- LRB9003207RCks 1 (3) a corporation, if any officer, manager or director 2 thereof, or any stockholder or stockholders owning in the 3 aggregate more than 5% of the stock of such corporation, 4 would not be eligible to receive a license under this Act for 5 any reason; .6 (4) a person previously licensed as a distributor or 7 wholesaler who has been convicted of a second offense under 8 Section 55 of the Juvenile Tobacco Access Prevention Act. 9 The Department, upon receipt of an application, license 10 fee and bond in proper form, from a person who is eligible to 11 receive a distributor's license under this Act, shall issue 12 to such applicant a license in form as prescribed by the 13 Department, which license shall permit the applicant to which 14 it is issued to engage in business as a distributor at the 15 place shown in his application. All licenses issued by the 16 Department under this Act shall be valid for not to exceed 17 one year after issuance unless sooner revoked, canceled or 18 suspended as provided in this Act. No license issued under 19 this Act is transferable or assignable. Such license shall be 20 conspicuously displayed in the place of business conducted by 21 the licensee in Illinois under such license. 22 (Source: P.A. 78-255.) 23 (720 ILCS 675/Act rep.) 24 Section 990. The Sale of Tobacco to Minors Act is 25 repealed. 26 (720 ILCS 680/Act rep.) 27 Section 995. The Smokeless Tobacco Limitation Act is 28 repealed. 29 Section 1005. The Tobacco Accessories and Smoking Herbs 30 Control Act is amended by changing Sections 2 and 4 as 31 follows: -15- LRB9003207RCks 1 (720 ILCS 685/2) (from Ch. 23, par. 2358-2) 2 Sec. 2. Purpose. The sale and possession of marijuana, 3 hashish, cocaine, opium and their derivatives, is not only 4 prohibited by Illinois Law, but the use of these substances 5 has been deemed injurious to the health of the user. 6 It has further been determined by the Surgeon General of 7 the United States that the use of tobacco is hazardous to 8 human health. 9 The ready availability of smoking herbs to minors could10 lead to the use of tobacco and illegal drugs.11 It is in the best interests of the citizens of the State12 of Illinois to seek to prohibit the spread of illegal drugs,13 tobacco or smoking materials to minors. The prohibition of14 the sale of tobacco and snuff accessories and smoking herbs15 to minors would help to curb the usage of illegal drugs and16 tobacco products, among our youth.17 (Source: P.A. 82-487.) 18 (720 ILCS 685/4) (from Ch. 23, par. 2358-4) 19 Sec. 4. Offenses. 20 (a) (Blank). Sale to minors. No person shall knowingly21 sell, barter, exchange, deliver or give away or cause or22 permit or procure to be sold, bartered, exchanged, delivered,23 or given away tobacco accessories or smoking herbs to any24 person under 18 years of age.25 (b) Sale of cigarette paper. No person shall knowingly 26 offer, sell, barter, exchange, deliver or give away cigarette 27 paper or cause, permit, or procure cigarette paper to be 28 sold, offered, bartered, exchanged, delivered, or given away 29 except from premises or an establishment where other tobacco 30 products are sold. For purposes of this Section, "tobacco 31 products" means cigarettes, cigars, smokeless tobacco, or 32 tobacco in any of its forms. 33 (c) Sale of cigarette paper from vending machines. No -16- LRB9003207RCks 1 person shall knowingly offer, sell, barter, exchange, deliver 2 or give away cigarette paper or cause, permit, or procure 3 cigarette paper to be sold, offered, bartered, exchanged, 4 delivered, or given away by use of a vending or coin-operated 5 machine or device. For purposes of this Section, "cigarette 6 paper" shall not include any paper that is incorporated into 7 a product to which a tax stamp must be affixed under the 8 Cigarette Tax Act or the Cigarette Use Tax Act. 9 (d) (Blank). Use of identification cards. No person in10 the furtherance or facilitation of obtaining smoking11 accessories and smoking herbs shall display or use a false or12 forged identification card or transfer, alter, or deface an13 identification card.14 (e) (Blank). Warning to minors. Any person, firm,15 partnership, company or corporation operating a place of16 business where tobacco accessories and smoking herbs are sold17 or offered for sale shall post in a conspicuous place upon18 the premises a sign upon which there shall be imprinted the19 following statement, "SALE OF TOBACCO ACCESSORIES AND SMOKING20 HERBS TO PERSONS UNDER EIGHTEEN YEARS OF AGE OR THE21 MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED22 BY LAW". The sign shall be printed on a white card in red23 letters at least one-half inch in height.24 (Source: P.A. 87-153.) 25 Section 9999. Effective date. This Act takes effect on 26 July 1, 1997.
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