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91_HB1779 LRB9100156RCks 1 AN ACT to amend the Sale of Tobacco to Minors Act by 2 changing Sections 1 and 2 and adding Sections 0.05, 1.1, 1.2, 3 and 1.3. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Sale of Tobacco to Minors Act is amended 7 by changing Sections 1 and 2 and adding Sections 0.05, 1.1, 8 1.2, and 1.3 as follows: 9 (720 ILCS 675/0.05 new) 10 Sec. 0.05. Definitions. As used in this Act: 11 "Retailer" means a person who sells tobacco products to 12 individuals for personal consumption or who operates a 13 facility containing vending machines that dispense tobacco 14 products or self-service displays of tobacco products. 15 "Tobacco product" means any substance containing tobacco 16 leaf, including but not limited to cigarettes, cigars, snuff, 17 smoking tobacco, and smokeless tobacco. 18 "Person" means an individual, firm, partnership, joint 19 venture, association, corporation, estate, trust, trustee, or 20 other group or combination acting as a unit, except the 21 United States of America, the State of Illinois, or any 22 political subdivision thereof. 23 "Tobacco product sample" means a tobacco product 24 distributed to members of the general public at no cost or at 25 nominal cost for purposes of promoting the product. 26 "Vending machine" means a mechanical, electronic, or 27 self-service device that, upon insertion of money, tokens, or 28 any other form of payment, automatically dispenses tobacco 29 products. 30 "Distribute" means to give, sell, deliver, dispense, or 31 issue or offer to give, sell, deliver, dispense, or issue, or -2- LRB9100156RCks 1 cause or hire any person to give, sell, deliver, dispense, 2 issue, or offer to give, sell, deliver, dispense, or issue. 3 "Public place" means any area to which the public is 4 invited or permitted. 5 "Tavern" means an enclosed place of business kept, used, 6 maintained, advertised, or held out to the public as a place 7 that primarily serves alcoholic liquor for consumption on the 8 premises and in which providing entertainment or the serving 9 of food is only incidental or secondary to the sale of 10 alcoholic beverages for immediate consumption. "Tavern" does 11 not include a restaurant, catering hall, bowling alley, 12 billiard parlor, discotheque, theater, or arena. 13 "Photographic identification" means any officially issued 14 card containing the bearer's date of birth that includes a 15 photograph of a person that is accepted as proof of age under 16 Illinois law. 17 "Point of sale" means a store, stand, building, boat, 18 vending machine, or any other separate place of business 19 maintained by a seller from which tobacco products are made 20 available for distribution to consumers. "Point of sale" 21 does not include separate cash registers or service counters 22 within a store or other place of business. 23 "Licensee" means a person who holds a tobacco product 24 retailer's license under this Act. 25 (720 ILCS 675/1) (from Ch. 23, par. 2357) 26 Sec. 1. No minor under 18 years of age shall buy any 27 cigar, cigarette, smokeless tobacco or tobacco in any of its 28 forms. No retailer
personshall sell, buy for, distribute 29 samples of or furnish any cigar, cigarette, smokeless tobacco30 ortobacco product in any of its forms,to any minor under 18 31 years of age. 32 For the purpose of this Section, "smokeless tobacco" 33 means any tobacco products that are suitable for dipping or -3- LRB9100156RCks 1 chewing. 2 Tobacco products listed abovemay be sold through a 3 vending machine only in the following locations: 4 (1) Factories, businesses, offices, private clubs, 5 and other places not open to the general public. 6 (2) Places to which minors under 18 years of age 7 are not permitted access. 8 (3) Taverns, if the vending machine is at least 25 9 feet from any entrance Places where alcoholic beverages10 are sold and consumed on the premises. 11 (4) Places where the vending machine is under the 12 direct supervision of the owner of the establishment or 13 an employee over 18 years of age. The sale of tobacco 14 products from a vending machine under direct supervision 15 of the owner or an employee of the establishment is 16 considered a sale of tobacco products by that person. As 17 used in this subdivision, "direct supervision" means that 18 the owner or employee has an unimpeded line of sight to 19 the vending machine. 20 (5) Places where the vending machine can only be 21 operated by the owner or an employee over age 18 either 22 directly or through a remote control device if the device 23 is inaccessible to all customers. 24 (Source: P.A. 89-181, eff. 7-19-95.) 25 (720 ILCS 675/1.1 new) 26 Sec. 1.1. Prohibitions on distribution of tobacco 27 products. 28 (a) Each retailer shall request and examine the 29 photographic identification of any person purchasing tobacco 30 products to verify that the purchaser is over 18 years of 31 age. No such verification is required for any person who 32 appears without reasonable doubt to be over 27 years of age. 33 (b) No retailer may break or otherwise open a cigarette -4- LRB9100156RCks 1 or smokeless tobacco package to distribute individual 2 cigarettes or a number of unpackaged cigarettes that is 3 smaller than the minimum cigarette package size of 20 4 cigarettes or any quantity of cigarette tobacco or smokeless 5 tobacco that is smaller than the smallest package distributed 6 by the manufacturer for individual consumer use. 7 (c) No person shall give away, barter, exchange, 8 distribute or in any way dispense free of charge or at 9 nominal cost any tobacco product samples or any coupon 10 redeemable for any tobacco products (i) on any public street, 11 alley, sidewalk; (ii) in any public park, ground, or 12 playground; (iii) in any area open to the public in any 13 publicly owned or operated building; or (iv) at any place 14 located within 500 feet of any building or other location 15 used primarily as a school, child care facility, or for the 16 education or recreation of children under 18 years of age. 17 (d) No retailer shall distribute tobacco products at any 18 place located within 500 feet of any building or other 19 location used primarily as a school, child care facility, or 20 for the education or recreation of children under 18 years of 21 age. This prohibition shall not apply to any business 22 engaged in the retail sale of tobacco products from a 23 location from which it was selling tobacco products on the 24 effective date of this Act. This exemption shall apply to any 25 new owner at the same location providing the same service. 26 (720 ILCS 675/1.2 new) 27 Sec. 1.2. Vending machine signs. 28 (a) A retailer of tobacco products shall place and 29 maintain, in legible condition, at each point of sale of 30 tobacco products to consumers, including the front of each 31 vending machine, a sign stating: 32 "WARNING 33 It is a violation of the law for cigarettes or other -5- LRB9100156RCks 1 tobacco products to be sold to any person under the age of 18 2 years." 3 The sign shall not be less than 8 inches by 11 inches in 4 size, except for a sign placed on the front of a vending 5 machine. The sign for a vending machine shall not be less 6 than 4 inches by 4 inches in size. The text of the sign 7 shall be in red letters at least one inch high on a white 8 background. 9 (b) The Department of Public Health shall issue an 10 adhesive self-voiding license emblem to be placed on each 11 licensed tobacco product vending machine. Each license 12 emblem shall be coded to identify the retailer who has 13 control over each tobacco product vending machine. The 14 license emblem shall bear the words "Licensed Tobacco Product 15 Vending Machine". The license shall designate the period for 16 which the license is valid, shall contain a reproduction of 17 the State seal, shall contain a space for a brief description 18 of the name, style, and type of vending machine to be 19 licensed and the location of the vending machine. A 20 replacement license emblem will not be issued unless the 21 application for the replacement emblem is accompanied by a 22 police report of the incident in which the emblem to be 23 replaced was lost, stolen, or mutilated or unless the 24 remnants of the emblem being replaced are submitted with the 25 replacement application. 26 (720 ILCS 675/1.3 new) 27 Sec. 1.3. Licensing of tobacco product retailers. 28 (a) Beginning July 1, 2000, no person shall engage in 29 the retail sale of tobacco products or operate a facility 30 containing vending machines that dispense tobacco products 31 unless the person is authorized to do so by a license issued 32 pursuant to this Act or is an employee or agent of a person 33 who has been issued a license pursuant to this Act. A -6- LRB9100156RCks 1 separate license must be obtained for each point of sale 2 maintained by the retailer. A license to sell tobacco 3 products shall be displayed prominently at the point of sale 4 for which it is issued. 5 (b) The Department of Public Health shall administer the 6 licensing of retailers of tobacco products and shall approve 7 or deny all applications for licenses and revoke existing 8 licenses pursuant to this Act. 9 (c) An application for a tobacco retailer's license 10 shall be filed in writing with the Department of Public 11 Health on a form provided by the Department. Each 12 application for a license shall contain the following: 13 (1) the applicant's full name, the address and 14 telephone number where the applicant is engaged in the 15 business of the retail sale of tobacco products, and the 16 name, address, and telephone number of a person 17 authorized to receive notices issued pursuant to this 18 Act; 19 (2) if the applicant is a corporation, the 20 corporate name, the address and telephone number of its 21 principal place of business, the date and state of 22 incorporation, the names of the corporate officers, and 23 the name, address, and telephone number of a person 24 authorized to receive notices issued pursuant to this 25 Act; 26 (3) if the applicant is a partnership, the name, 27 address, and telephone number of the principal place of 28 business, the names of all partners, and the name, 29 address, and telephone number of a person authorized to 30 receive notices issued pursuant to this Act. Any retailer 31 whose license is revoked for violating this Act shall be 32 prohibited from obtaining a tobacco retailer's license 33 for one year. 34 (d) Every retailer's license shall be issued for an -7- LRB9100156RCks 1 annual period beginning January 1 of a given year and ending 2 December 31 of that year. Each license shall expire on the 3 last day of the license year for which the license was 4 issued. 5 (e) The annual license fee for a retailer shall be $125 6 per license. If a licensee operates more than one vending 7 machine at the same premises, the licensee shall pay the 8 annual license fee of $125 for the first vending machine 9 license and $25 for each additional vending machine license. 10 (f) The transfer of any license issued pursuant to this 11 Act is prohibited. Any such purported transfer is void. 12 (720 ILCS 675/2) (from Ch. 23, par. 2358) 13 Sec. 2. Any retailer personwho violates any provision 14 of this Act is guilty of a petty offense and for the first 15 offense shall be fined $250 $200, $500 and a 30 day 16 suspension of that retailer's license $400for the second 17 offense in a 12-month period, and $1,000 and a one year 18 suspension of that retailer's license $600for the third or 19 any subsequent offense in a 12-month period. One-half of each 20 fine collected under this Section shall be distributed to the 21 unit of local government or other entity that successfully 22 prosecuted the offender and one-half shall be remitted to the 23 State to be used for enforcing this Act. Any person who sells 24 tobacco products without a license as required by this Act or 25 after a suspension of a license pursuant to this Act is 26 guilty of a petty offense and shall be fined $500. Each 27 instance in which a person sells tobacco products without a 28 valid license shall constitute a separate and distinct 29 violation. 30 (Source: P.A. 88-418.) 31 Section 95. Severability. The provisions of this Act are 32 severable under Section 1.31 of the Statute on Statutes.
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