Rep. Melissa Conyears-Ervin

Filed: 3/7/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3208

2    AMENDMENT NO. ______. Amend House Bill 3208 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Cigarette Tax Act is amended by changing
5Section 6 as follows:
 
6    (35 ILCS 130/6)  (from Ch. 120, par. 453.6)
7    Sec. 6. Revocation, cancellation, or suspension of
8license. The Department may, after notice and hearing as
9provided for by this Act, revoke, cancel or suspend the license
10of any distributor, secondary distributor, or retailer for the
11violation of any provision of this Act, or for noncompliance
12with any provision herein contained, or for any noncompliance
13with any lawful rule or regulation promulgated by the
14Department under Section 8 of this Act, or because the licensee
15is determined to be ineligible for a distributor's license for
16any one or more of the reasons provided for in Section 4 of

 

 

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1this Act, or because the licensee is determined to be
2ineligible for a secondary distributor's license for any one or
3more of the reasons provided for in Section 4c of this Act, or
4because the licensee is determined to be ineligible for a
5retailer's license for any one or more of the reasons provided
6for in Section 4g of this Act. However, no such license shall
7be revoked, cancelled or suspended, except after a hearing by
8the Department with notice to the distributor, secondary
9distributor, or retailer, as aforesaid, and affording such
10distributor, secondary distributor, or retailer a reasonable
11opportunity to appear and defend, and any distributor,
12secondary distributor, or retailer aggrieved by any decision of
13the Department with respect thereto may have the determination
14of the Department judicially reviewed, as herein provided.
15    The Department may revoke, cancel, or suspend the license
16of any distributor for a violation of the Tobacco Product
17Manufacturers' Escrow Enforcement Act as provided in Section 30
18of that Act. The Department may revoke, cancel, or suspend the
19license of any secondary distributor for a violation of
20subsection (e) of Section 15 of the Tobacco Product
21Manufacturers' Escrow Enforcement Act.
22    If the retailer has a training program that facilitates
23compliance with minimum-age tobacco laws, the Department shall
24suspend for 3 days the license of that retailer for a fourth or
25subsequent violation of the Prevention of Tobacco Use by
26Persons under 21 Years of Age Minors and Sale and Distribution

 

 

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1of Tobacco Products Act, as provided in subsection (a) of
2Section 2 of that Act. For the purposes of this Section, any
3violation of subsection (a) of Section 2 of the Prevention of
4Tobacco Use by Persons under 21 Years of Age Minors and Sale
5and Distribution of Tobacco Products Act occurring at the
6retailer's licensed location during a 24-month period shall be
7counted as a violation against the retailer.
8    If the retailer does not have a training program that
9facilitates compliance with minimum-age tobacco laws, the
10Department shall suspend for 3 days the license of that
11retailer for a second violation of the Prevention of Tobacco
12Use by Persons under 21 Years of Age Minors and Sale and
13Distribution of Tobacco Products Act, as provided in subsection
14(a-5) of Section 2 of that Act.
15    If the retailer does not have a training program that
16facilitates compliance with minimum-age tobacco laws, the
17Department shall suspend for 7 days the license of that
18retailer for a third violation of the Prevention of Tobacco Use
19by Persons under 21 Years of Age Minors and Sale and
20Distribution of Tobacco Products Act, as provided in subsection
21(a-5) of Section 2 of that Act.
22    If the retailer does not have a training program that
23facilitates compliance with minimum-age tobacco laws, the
24Department shall suspend for 30 days the license of a retailer
25for a fourth or subsequent violation of the Prevention of
26Tobacco Use by Persons under 21 Years of Age Minors and Sale

 

 

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1and Distribution of Tobacco Products Act, as provided in
2subsection (a-5) of Section 2 of that Act.
3    A training program that facilitates compliance with
4minimum-age tobacco laws must include at least the following
5elements: (i) it must explain that only individuals displaying
6valid identification demonstrating that they are 21 18 years of
7age or older shall be eligible to purchase cigarettes or
8tobacco products and (ii) it must explain where a clerk can
9check identification for a date of birth. The training may be
10conducted electronically. Each retailer that has a training
11program shall require each employee who completes the training
12program to sign a form attesting that the employee has received
13and completed tobacco training. The form shall be kept in the
14employee's file and may be used to provide proof of training.
15    Any distributor, secondary distributor, or retailer
16aggrieved by any decision of the Department under this Section
17may, within 20 days after notice of the decision, protest and
18request a hearing. Upon receiving a request for a hearing, the
19Department shall give notice in writing to the distributor,
20secondary distributor, or retailer requesting the hearing that
21contains a statement of the charges preferred against the
22distributor, secondary distributor, or retailer and that
23states the time and place fixed for the hearing. The Department
24shall hold the hearing in conformity with the provisions of
25this Act and then issue its final administrative decision in
26the matter to the distributor, secondary distributor, or

 

 

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1retailer. In the absence of a protest and request for a hearing
2within 20 days, the Department's decision shall become final
3without any further determination being made or notice given.
4    No license so revoked, as aforesaid, shall be reissued to
5any such distributor, secondary distributor, or retailer
6within a period of 6 months after the date of the final
7determination of such revocation. No such license shall be
8reissued at all so long as the person who would receive the
9license is ineligible to receive a distributor's license under
10this Act for any one or more of the reasons provided for in
11Section 4 of this Act, is ineligible to receive a secondary
12distributor's license under this Act for any one or more of the
13reasons provided for in Section 4c of this Act, or is
14determined to be ineligible for a retailer's license under the
15Act for any one or more of the reasons provided for in Section
164g of this Act.
17    The Department upon complaint filed in the circuit court
18may by injunction restrain any person who fails, or refuses, to
19comply with any of the provisions of this Act from acting as a
20distributor, secondary distributor, or retailer of cigarettes
21in this State.
22(Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16.)
 
23    Section 10. The Tobacco Products Tax Act of 1995 is amended
24by changing Section 10-25 as follows:
 

 

 

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1    (35 ILCS 143/10-25)
2    Sec. 10-25. License actions.
3    (a) The Department may, after notice and a hearing, revoke,
4cancel, or suspend the license of any distributor or retailer
5who violates any of the provisions of this Act. The notice
6shall specify the alleged violation or violations upon which
7the revocation, cancellation, or suspension proceeding is
8based.
9    (b) The Department may revoke, cancel, or suspend the
10license of any distributor for a violation of the Tobacco
11Product Manufacturers' Escrow Enforcement Act as provided in
12Section 20 of that Act.
13    (c) If the retailer has a training program that facilitates
14compliance with minimum-age tobacco laws, the Department shall
15suspend for 3 days the license of that retailer for a fourth or
16subsequent violation of the Prevention of Tobacco Use by
17Persons under 21 Years of Age Minors and Sale and Distribution
18of Tobacco Products Act, as provided in subsection (a) of
19Section 2 of that Act. For the purposes of this Section, any
20violation of subsection (a) of Section 2 of the Prevention of
21Tobacco Use by Persons under 21 Years of Age Minors and Sale
22and Distribution of Tobacco Products Act occurring at the
23retailer's licensed location, during a 24-month period, shall
24be counted as a violation against the retailer.
25    If the retailer does not have a training program that
26facilitates compliance with minimum-age tobacco laws, the

 

 

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1Department shall suspend for 3 days the license of that
2retailer for a second violation of the Prevention of Tobacco
3Use by Persons under 21 years of age Minors and Sale and
4Distribution of Tobacco Products Act, as provided in subsection
5(a-5) of Section 2 of that Act.
6    If the retailer does not have a training program that
7facilitates compliance with minimum-age tobacco laws, the
8Department shall suspend for 7 days the license of that
9retailer for a third violation of the Prevention of Tobacco Use
10by Persons under 21 Years of Age Minors and Sale and
11Distribution of Tobacco Products Act, as provided in subsection
12(a-5) of Section 2 of that Act.
13    If the retailer does not have a training program that
14facilitates compliance with minimum-age tobacco laws, the
15Department shall suspend for 30 days the license of a retailer
16for a fourth or subsequent violation of the Prevention of
17Tobacco Use by Persons under 21 Years of Age Minors and Sale
18and Distribution of Tobacco Products Act, as provided in
19subsection (a-5) of Section 2 of that Act.
20    A training program that facilitates compliance with
21minimum-age tobacco laws must include at least the following
22elements: (i) it must explain that only individuals displaying
23valid identification demonstrating that they are 21 18 years of
24age or older shall be eligible to purchase cigarettes or
25tobacco products and (ii) it must explain where a clerk can
26check identification for a date of birth. The training may be

 

 

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1conducted electronically. Each retailer that has a training
2program shall require each employee who completes the training
3program to sign a form attesting that the employee has received
4and completed tobacco training. The form shall be kept in the
5employee's file and may be used to provide proof of training.
6    (d) The Department may, by application to any circuit
7court, obtain an injunction restraining any person who engages
8in business as a distributor of tobacco products without a
9license (either because his or her license has been revoked,
10canceled, or suspended or because of a failure to obtain a
11license in the first instance) from engaging in that business
12until that person, as if that person were a new applicant for a
13license, complies with all of the conditions, restrictions, and
14requirements of Section 10-20 of this Act and qualifies for and
15obtains a license. Refusal or neglect to obey the order of the
16court may result in punishment for contempt.
17(Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16.)
 
18    Section 15. The Liquor Control Act of 1934 is amended by
19changing Sections 3-12 and 6-16.1 as follows:
 
20    (235 ILCS 5/3-12)
21    Sec. 3-12. Powers and duties of State Commission.
22    (a) The State commission shall have the following powers,
23functions, and duties:
24        (1) To receive applications and to issue licenses to

 

 

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1    manufacturers, foreign importers, importing distributors,
2    distributors, non-resident dealers, on premise consumption
3    retailers, off premise sale retailers, special event
4    retailer licensees, special use permit licenses, auction
5    liquor licenses, brew pubs, caterer retailers,
6    non-beverage users, railroads, including owners and
7    lessees of sleeping, dining and cafe cars, airplanes,
8    boats, brokers, and wine maker's premises licensees in
9    accordance with the provisions of this Act, and to suspend
10    or revoke such licenses upon the State commission's
11    determination, upon notice after hearing, that a licensee
12    has violated any provision of this Act or any rule or
13    regulation issued pursuant thereto and in effect for 30
14    days prior to such violation. Except in the case of an
15    action taken pursuant to a violation of Section 6-3, 6-5,
16    or 6-9, any action by the State Commission to suspend or
17    revoke a licensee's license may be limited to the license
18    for the specific premises where the violation occurred.
19        In lieu of suspending or revoking a license, the
20    commission may impose a fine, upon the State commission's
21    determination and notice after hearing, that a licensee has
22    violated any provision of this Act or any rule or
23    regulation issued pursuant thereto and in effect for 30
24    days prior to such violation.
25        For the purpose of this paragraph (1), when determining
26    multiple violations for the sale of alcohol to a person

 

 

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1    under the age of 21, a second or subsequent violation for
2    the sale of alcohol to a person under the age of 21 shall
3    only be considered if it was committed within 5 years after
4    the date when a prior violation for the sale of alcohol to
5    a person under the age of 21 was committed.
6        The fine imposed under this paragraph may not exceed
7    $500 for each violation. Each day that the activity, which
8    gave rise to the original fine, continues is a separate
9    violation. The maximum fine that may be levied against any
10    licensee, for the period of the license, shall not exceed
11    $20,000. The maximum penalty that may be imposed on a
12    licensee for selling a bottle of alcoholic liquor with a
13    foreign object in it or serving from a bottle of alcoholic
14    liquor with a foreign object in it shall be the destruction
15    of that bottle of alcoholic liquor for the first 10 bottles
16    so sold or served from by the licensee. For the eleventh
17    bottle of alcoholic liquor and for each third bottle
18    thereafter sold or served from by the licensee with a
19    foreign object in it, the maximum penalty that may be
20    imposed on the licensee is the destruction of the bottle of
21    alcoholic liquor and a fine of up to $50.
22        (2) To adopt such rules and regulations consistent with
23    the provisions of this Act which shall be necessary to
24    carry on its functions and duties to the end that the
25    health, safety and welfare of the People of the State of
26    Illinois shall be protected and temperance in the

 

 

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1    consumption of alcoholic liquors shall be fostered and
2    promoted and to distribute copies of such rules and
3    regulations to all licensees affected thereby.
4        (3) To call upon other administrative departments of
5    the State, county and municipal governments, county and
6    city police departments and upon prosecuting officers for
7    such information and assistance as it deems necessary in
8    the performance of its duties.
9        (4) To recommend to local commissioners rules and
10    regulations, not inconsistent with the law, for the
11    distribution and sale of alcoholic liquors throughout the
12    State.
13        (5) To inspect, or cause to be inspected, any premises
14    in this State where alcoholic liquors are manufactured,
15    distributed, warehoused, or sold. Nothing in this Act
16    authorizes an agent of the Commission to inspect private
17    areas within the premises without reasonable suspicion or a
18    warrant during an inspection. "Private areas" include, but
19    are not limited to, safes, personal property, and closed
20    desks.
21        (5.1) Upon receipt of a complaint or upon having
22    knowledge that any person is engaged in business as a
23    manufacturer, importing distributor, distributor, or
24    retailer without a license or valid license, to notify the
25    local liquor authority, file a complaint with the State's
26    Attorney's Office of the county where the incident

 

 

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1    occurred, or initiate an investigation with the
2    appropriate law enforcement officials.
3        (5.2) To issue a cease and desist notice to persons
4    shipping alcoholic liquor into this State from a point
5    outside of this State if the shipment is in violation of
6    this Act.
7        (5.3) To receive complaints from licensees, local
8    officials, law enforcement agencies, organizations, and
9    persons stating that any licensee has been or is violating
10    any provision of this Act or the rules and regulations
11    issued pursuant to this Act. Such complaints shall be in
12    writing, signed and sworn to by the person making the
13    complaint, and shall state with specificity the facts in
14    relation to the alleged violation. If the Commission has
15    reasonable grounds to believe that the complaint
16    substantially alleges a violation of this Act or rules and
17    regulations adopted pursuant to this Act, it shall conduct
18    an investigation. If, after conducting an investigation,
19    the Commission is satisfied that the alleged violation did
20    occur, it shall proceed with disciplinary action against
21    the licensee as provided in this Act.
22        (6) To hear and determine appeals from orders of a
23    local commission in accordance with the provisions of this
24    Act, as hereinafter set forth. Hearings under this
25    subsection shall be held in Springfield or Chicago, at
26    whichever location is the more convenient for the majority

 

 

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1    of persons who are parties to the hearing.
2        (7) The commission shall establish uniform systems of
3    accounts to be kept by all retail licensees having more
4    than 4 employees, and for this purpose the commission may
5    classify all retail licensees having more than 4 employees
6    and establish a uniform system of accounts for each class
7    and prescribe the manner in which such accounts shall be
8    kept. The commission may also prescribe the forms of
9    accounts to be kept by all retail licensees having more
10    than 4 employees, including but not limited to accounts of
11    earnings and expenses and any distribution, payment, or
12    other distribution of earnings or assets, and any other
13    forms, records and memoranda which in the judgment of the
14    commission may be necessary or appropriate to carry out any
15    of the provisions of this Act, including but not limited to
16    such forms, records and memoranda as will readily and
17    accurately disclose at all times the beneficial ownership
18    of such retail licensed business. The accounts, forms,
19    records and memoranda shall be available at all reasonable
20    times for inspection by authorized representatives of the
21    State commission or by any local liquor control
22    commissioner or his or her authorized representative. The
23    commission, may, from time to time, alter, amend or repeal,
24    in whole or in part, any uniform system of accounts, or the
25    form and manner of keeping accounts.
26        (8) In the conduct of any hearing authorized to be held

 

 

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1    by the commission, to appoint, at the commission's
2    discretion, hearing officers to conduct hearings involving
3    complex issues or issues that will require a protracted
4    period of time to resolve, to examine, or cause to be
5    examined, under oath, any licensee, and to examine or cause
6    to be examined the books and records of such licensee; to
7    hear testimony and take proof material for its information
8    in the discharge of its duties hereunder; to administer or
9    cause to be administered oaths; for any such purpose to
10    issue subpoena or subpoenas to require the attendance of
11    witnesses and the production of books, which shall be
12    effective in any part of this State, and to adopt rules to
13    implement its powers under this paragraph (8).
14        Any Circuit Court may by order duly entered, require
15    the attendance of witnesses and the production of relevant
16    books subpoenaed by the State commission and the court may
17    compel obedience to its order by proceedings for contempt.
18        (9) To investigate the administration of laws in
19    relation to alcoholic liquors in this and other states and
20    any foreign countries, and to recommend from time to time
21    to the Governor and through him or her to the legislature
22    of this State, such amendments to this Act, if any, as it
23    may think desirable and as will serve to further the
24    general broad purposes contained in Section 1-2 hereof.
25        (10) To adopt such rules and regulations consistent
26    with the provisions of this Act which shall be necessary

 

 

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1    for the control, sale or disposition of alcoholic liquor
2    damaged as a result of an accident, wreck, flood, fire or
3    other similar occurrence.
4        (11) To develop industry educational programs related
5    to responsible serving and selling, particularly in the
6    areas of overserving consumers and illegal underage
7    purchasing and consumption of alcoholic beverages.
8        (11.1) To license persons providing education and
9    training to alcohol beverage sellers and servers for
10    mandatory and non-mandatory training under the Beverage
11    Alcohol Sellers and Servers Education and Training
12    (BASSET) programs and to develop and administer a public
13    awareness program in Illinois to reduce or eliminate the
14    illegal purchase and consumption of alcoholic beverage
15    products by persons under the age of 21. Application for a
16    license shall be made on forms provided by the State
17    Commission.
18        (12) To develop and maintain a repository of license
19    and regulatory information.
20        (13) (Blank). On or before January 15, 1994, the
21    Commission shall issue a written report to the Governor and
22    General Assembly that is to be based on a comprehensive
23    study of the impact on and implications for the State of
24    Illinois of Section 1926 of the Federal ADAMHA
25    Reorganization Act of 1992 (Public Law 102-321). This study
26    shall address the extent to which Illinois currently

 

 

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1    complies with the provisions of P.L. 102-321 and the rules
2    promulgated pursuant thereto.
3        As part of its report, the Commission shall provide the
4    following essential information:
5            (i) the number of retail distributors of tobacco
6        products, by type and geographic area, in the State;
7            (ii) the number of reported citations and
8        successful convictions, categorized by type and
9        location of retail distributor, for violation of the
10        Prevention of Tobacco Use by Minors and Sale and
11        Distribution of Tobacco Products Act and the Smokeless
12        Tobacco Limitation Act;
13            (iii) the extent and nature of organized
14        educational and governmental activities that are
15        intended to promote, encourage or otherwise secure
16        compliance with any Illinois laws that prohibit the
17        sale or distribution of tobacco products to minors; and
18            (iv) the level of access and availability of
19        tobacco products to individuals under the age of 18.
20        To obtain the data necessary to comply with the
21    provisions of P.L. 102-321 and the requirements of this
22    report, the Commission shall conduct random, unannounced
23    inspections of a geographically and scientifically
24    representative sample of the State's retail tobacco
25    distributors.
26        The Commission shall consult with the Department of

 

 

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1    Public Health, the Department of Human Services, the
2    Illinois State Police and any other executive branch
3    agency, and private organizations that may have
4    information relevant to this report.
5        The Commission may contract with the Food and Drug
6    Administration of the U.S. Department of Health and Human
7    Services to conduct unannounced investigations of Illinois
8    tobacco vendors to determine compliance with federal laws
9    relating to the illegal sale of cigarettes and smokeless
10    tobacco products to persons under the age of 18.
11        (14) On or before April 30, 2008 and every 2 years
12    thereafter, the Commission shall present a written report
13    to the Governor and the General Assembly that shall be
14    based on a study of the impact of Public Act 95-634 this
15    amendatory Act of the 95th General Assembly on the business
16    of soliciting, selling, and shipping wine from inside and
17    outside of this State directly to residents of this State.
18    As part of its report, the Commission shall provide all of
19    the following information:
20            (A) The amount of State excise and sales tax
21        revenues generated.
22            (B) The amount of licensing fees received.
23            (C) The number of cases of wine shipped from inside
24        and outside of this State directly to residents of this
25        State.
26            (D) The number of alcohol compliance operations

 

 

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1        conducted.
2            (E) The number of winery shipper's licenses
3        issued.
4            (F) The number of each of the following: reported
5        violations; cease and desist notices issued by the
6        Commission; notices of violations issued by the
7        Commission and to the Department of Revenue; and
8        notices and complaints of violations to law
9        enforcement officials, including, without limitation,
10        the Illinois Attorney General and the U.S. Department
11        of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
12        (15) As a means to reduce the underage consumption of
13    alcoholic liquors, the Commission shall conduct alcohol
14    compliance operations to investigate whether businesses
15    that are soliciting, selling, and shipping wine from inside
16    or outside of this State directly to residents of this
17    State are licensed by this State or are selling or
18    attempting to sell wine to persons under 21 years of age in
19    violation of this Act.
20        (16) The Commission shall, in addition to notifying any
21    appropriate law enforcement agency, submit notices of
22    complaints or violations of Sections 6-29 and 6-29.1 by
23    persons who do not hold a winery shipper's license under
24    this amendatory Act to the Illinois Attorney General and to
25    the U.S. Department of Treasury's Alcohol and Tobacco Tax
26    and Trade Bureau.

 

 

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1        (17) (A) A person licensed to make wine under the laws
2    of another state who has a winery shipper's license under
3    this amendatory Act and annually produces less than 25,000
4    gallons of wine or a person who has a first-class or
5    second-class wine manufacturer's license, a first-class or
6    second-class wine-maker's license, or a limited wine
7    manufacturer's license under this Act and annually
8    produces less than 25,000 gallons of wine may make
9    application to the Commission for a self-distribution
10    exemption to allow the sale of not more than 5,000 gallons
11    of the exemption holder's wine to retail licensees per
12    year.
13            (B) In the application, which shall be sworn under
14        penalty of perjury, such person shall state (1) the
15        date it was established; (2) its volume of production
16        and sales for each year since its establishment; (3)
17        its efforts to establish distributor relationships;
18        (4) that a self-distribution exemption is necessary to
19        facilitate the marketing of its wine; and (5) that it
20        will comply with the liquor and revenue laws of the
21        United States, this State, and any other state where it
22        is licensed.
23            (C) The Commission shall approve the application
24        for a self-distribution exemption if such person: (1)
25        is in compliance with State revenue and liquor laws;
26        (2) is not a member of any affiliated group that

 

 

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1        produces more than 25,000 gallons of wine per annum or
2        produces any other alcoholic liquor; (3) will not
3        annually produce for sale more than 25,000 gallons of
4        wine; and (4) will not annually sell more than 5,000
5        gallons of its wine to retail licensees.
6            (D) A self-distribution exemption holder shall
7        annually certify to the Commission its production of
8        wine in the previous 12 months and its anticipated
9        production and sales for the next 12 months. The
10        Commission may fine, suspend, or revoke a
11        self-distribution exemption after a hearing if it
12        finds that the exemption holder has made a material
13        misrepresentation in its application, violated a
14        revenue or liquor law of Illinois, exceeded production
15        of 25,000 gallons of wine in any calendar year, or
16        become part of an affiliated group producing more than
17        25,000 gallons of wine or any other alcoholic liquor.
18            (E) Except in hearings for violations of this Act
19        or Public Act 95-634 amendatory Act or a bona fide
20        investigation by duly sworn law enforcement officials,
21        the Commission, or its agents, the Commission shall
22        maintain the production and sales information of a
23        self-distribution exemption holder as confidential and
24        shall not release such information to any person.
25            (F) The Commission shall issue regulations
26        governing self-distribution exemptions consistent with

 

 

10000HB3208ham001- 21 -LRB100 04765 RLC 23037 a

1        this Section and this Act.
2            (G) Nothing in this subsection (17) shall prohibit
3        a self-distribution exemption holder from entering
4        into or simultaneously having a distribution agreement
5        with a licensed Illinois distributor.
6            (H) It is the intent of this subsection (17) to
7        promote and continue orderly markets. The General
8        Assembly finds that in order to preserve Illinois'
9        regulatory distribution system it is necessary to
10        create an exception for smaller makers of wine as their
11        wines are frequently adjusted in varietals, mixes,
12        vintages, and taste to find and create market niches
13        sometimes too small for distributor or importing
14        distributor business strategies. Limited
15        self-distribution rights will afford and allow smaller
16        makers of wine access to the marketplace in order to
17        develop a customer base without impairing the
18        integrity of the 3-tier system.
19        (18) (A) A class 1 brewer licensee, who must also be
20    either a licensed brewer or licensed non-resident dealer
21    and annually manufacture less than 930,000 gallons of beer,
22    may make application to the State Commission for a
23    self-distribution exemption to allow the sale of not more
24    than 232,500 gallons of the exemption holder's beer to
25    retail licensees per year.
26            (B) In the application, which shall be sworn under

 

 

10000HB3208ham001- 22 -LRB100 04765 RLC 23037 a

1        penalty of perjury, the class 1 brewer licensee shall
2        state (1) the date it was established; (2) its volume
3        of beer manufactured and sold for each year since its
4        establishment; (3) its efforts to establish
5        distributor relationships; (4) that a
6        self-distribution exemption is necessary to facilitate
7        the marketing of its beer; and (5) that it will comply
8        with the alcoholic beverage and revenue laws of the
9        United States, this State, and any other state where it
10        is licensed.
11            (C) Any application submitted shall be posted on
12        the State Commission's website at least 45 days prior
13        to action by the State Commission. The State Commission
14        shall approve the application for a self-distribution
15        exemption if the class 1 brewer licensee: (1) is in
16        compliance with the State, revenue, and alcoholic
17        beverage laws; (2) is not a member of any affiliated
18        group that manufactures manufacturers more than
19        930,000 gallons of beer per annum or produces any other
20        alcoholic beverages; (3) shall not annually
21        manufacture for sale more than 930,000 gallons of beer;
22        (4) shall not annually sell more than 232,500 gallons
23        of its beer to retail licensees; and (5) has
24        relinquished any brew pub license held by the licensee,
25        including any ownership interest it held in the
26        licensed brew pub.

 

 

10000HB3208ham001- 23 -LRB100 04765 RLC 23037 a

1            (D) A self-distribution exemption holder shall
2        annually certify to the State Commission its
3        manufacture of beer during the previous 12 months and
4        its anticipated manufacture and sales of beer for the
5        next 12 months. The State Commission may fine, suspend,
6        or revoke a self-distribution exemption after a
7        hearing if it finds that the exemption holder has made
8        a material misrepresentation in its application,
9        violated a revenue or alcoholic beverage law of
10        Illinois, exceeded the manufacture of 930,000 gallons
11        of beer in any calendar year or became part of an
12        affiliated group manufacturing more than 930,000
13        gallons of beer or any other alcoholic beverage.
14            (E) The State Commission shall issue rules and
15        regulations governing self-distribution exemptions
16        consistent with this Act.
17            (F) Nothing in this paragraph (18) shall prohibit a
18        self-distribution exemption holder from entering into
19        or simultaneously having a distribution agreement with
20        a licensed Illinois importing distributor or a
21        distributor. If a self-distribution exemption holder
22        enters into a distribution agreement and has assigned
23        distribution rights to an importing distributor or
24        distributor, then the self-distribution exemption
25        holder's distribution rights in the assigned
26        territories shall cease in a reasonable time not to

 

 

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1        exceed 60 days.
2            (G) It is the intent of this paragraph (18) to
3        promote and continue orderly markets. The General
4        Assembly finds that in order to preserve Illinois'
5        regulatory distribution system, it is necessary to
6        create an exception for smaller manufacturers in order
7        to afford and allow such smaller manufacturers of beer
8        access to the marketplace in order to develop a
9        customer base without impairing the integrity of the
10        3-tier system.
11    (b) On or before April 30, 1999, the Commission shall
12present a written report to the Governor and the General
13Assembly that shall be based on a study of the impact of Public
14Act 90-739 this amendatory Act of 1998 on the business of
15soliciting, selling, and shipping alcoholic liquor from
16outside of this State directly to residents of this State.
17    As part of its report, the Commission shall provide the
18following information:
19        (i) the amount of State excise and sales tax revenues
20    generated as a result of Public Act 90-739 this amendatory
21    Act of 1998;
22        (ii) the amount of licensing fees received as a result
23    of Public Act 90-739 this amendatory Act of 1998;
24        (iii) the number of reported violations, the number of
25    cease and desist notices issued by the Commission, the
26    number of notices of violations issued to the Department of

 

 

10000HB3208ham001- 25 -LRB100 04765 RLC 23037 a

1    Revenue, and the number of notices and complaints of
2    violations to law enforcement officials.
3(Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15;
498-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;
5revised 9-13-16.)
 
6    (235 ILCS 5/6-16.1)
7    Sec. 6-16.1. Enforcement actions.
8    (a) A licensee or an officer, associate, member,
9representative, agent, or employee of a licensee may sell,
10give, or deliver alcoholic liquor to a person under the age of
1121 years or authorize the sale, gift, or delivery of alcoholic
12liquor to a person under the age of 21 years pursuant to a plan
13or action to investigate, patrol, or otherwise conduct a "sting
14operation" or enforcement action against a person employed by
15the licensee or on any licensed premises if the licensee or
16officer, associate, member, representative, agent, or employee
17of the licensee provides written notice, at least 14 days
18before the "sting operation" or enforcement action, unless
19governing body of the municipality or county having
20jurisdiction sets a shorter period by ordinance, to the law
21enforcement agency having jurisdiction, the local liquor
22control commissioner, or both. Notice provided under this
23Section shall be valid for a "sting operation" or enforcement
24action conducted within 60 days of the provision of that
25notice, unless the governing body of the municipality or county

 

 

10000HB3208ham001- 26 -LRB100 04765 RLC 23037 a

1having jurisdiction sets a shorter period by ordinance.
2    (b) A local liquor control commission or unit of local
3government that conducts alcohol and tobacco compliance
4operations shall establish a policy and standards for alcohol
5and tobacco compliance operations to investigate whether a
6licensee is furnishing (1) alcoholic liquor to persons under 21
7years of age in violation of this Act or (2) tobacco to persons
8in violation of the Prevention of Tobacco Use by Persons under
921 Years of Age Minors and Sale and Distribution of Tobacco
10Products Act.
11    (c) The Illinois Law Enforcement Training Standards Board
12shall develop a model policy and guidelines for the operation
13of alcohol and tobacco compliance checks by local law
14enforcement officers. The Illinois Law Enforcement Training
15Standards Board shall also require the supervising officers of
16such compliance checks to have met a minimum training standard
17as determined by the Board. The Board shall have the right to
18waive any training based on current written policies and
19procedures for alcohol and tobacco compliance check operations
20and in-service training already administered by the local law
21enforcement agency, department, or office.
22    (d) The provisions of subsections (b) and (c) do not apply
23to a home rule unit with more than 2,000,000 inhabitants.
24    (e) A home rule unit, other than a home rule unit with more
25than 2,000,000 inhabitants, may not regulate enforcement
26actions in a manner inconsistent with the regulation of

 

 

10000HB3208ham001- 27 -LRB100 04765 RLC 23037 a

1enforcement actions under this Section. This subsection (e) is
2a limitation under subsection (i) of Section 6 of Article VII
3of the Illinois Constitution on the concurrent exercise by home
4rule units of powers and functions exercised by the State.
5    (f) A licensee who is the subject of an enforcement action
6or "sting operation" under this Section and is found, pursuant
7to the enforcement action, to be in compliance with this Act
8shall be notified by the enforcement agency action that no
9violation was found within 30 days after the finding.
10(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
1196-1000, eff. 7-2-10.)
 
12    Section 20. The Juvenile Court Act of 1987 is amended by
13changing Sections 5-615 and 5-710 as follows:
 
14    (705 ILCS 405/5-615)
15    Sec. 5-615. Continuance under supervision.
16    (1) The court may enter an order of continuance under
17supervision for an offense other than first degree murder, a
18Class X felony or a forcible felony:
19        (a) upon an admission or stipulation by the appropriate
20    respondent or minor respondent of the facts supporting the
21    petition and before the court makes a finding of
22    delinquency, and in the absence of objection made in open
23    court by the minor, his or her parent, guardian, or legal
24    custodian, the minor's attorney or the State's Attorney; or

 

 

10000HB3208ham001- 28 -LRB100 04765 RLC 23037 a

1        (b) upon a finding of delinquency and after considering
2    the circumstances of the offense and the history,
3    character, and condition of the minor, if the court is of
4    the opinion that:
5            (i) the minor is not likely to commit further
6        crimes;
7            (ii) the minor and the public would be best served
8        if the minor were not to receive a criminal record; and
9            (iii) in the best interests of justice an order of
10        continuance under supervision is more appropriate than
11        a sentence otherwise permitted under this Act.
12    (2) (Blank).
13    (3) Nothing in this Section limits the power of the court
14to order a continuance of the hearing for the production of
15additional evidence or for any other proper reason.
16    (4) When a hearing where a minor is alleged to be a
17delinquent is continued pursuant to this Section, the period of
18continuance under supervision may not exceed 24 months. The
19court may terminate a continuance under supervision at any time
20if warranted by the conduct of the minor and the ends of
21justice or vacate the finding of delinquency or both.
22    (5) When a hearing where a minor is alleged to be
23delinquent is continued pursuant to this Section, the court
24may, as conditions of the continuance under supervision,
25require the minor to do any of the following:
26        (a) not violate any criminal statute of any

 

 

10000HB3208ham001- 29 -LRB100 04765 RLC 23037 a

1    jurisdiction;
2        (b) make a report to and appear in person before any
3    person or agency as directed by the court;
4        (c) work or pursue a course of study or vocational
5    training;
6        (d) undergo medical or psychotherapeutic treatment
7    rendered by a therapist licensed under the provisions of
8    the Medical Practice Act of 1987, the Clinical Psychologist
9    Licensing Act, or the Clinical Social Work and Social Work
10    Practice Act, or an entity licensed by the Department of
11    Human Services as a successor to the Department of
12    Alcoholism and Substance Abuse, for the provision of drug
13    addiction and alcoholism treatment;
14        (e) attend or reside in a facility established for the
15    instruction or residence of persons on probation;
16        (f) support his or her dependents, if any;
17        (g) pay costs;
18        (h) refrain from possessing a firearm or other
19    dangerous weapon, or an automobile;
20        (i) permit the probation officer to visit him or her at
21    his or her home or elsewhere;
22        (j) reside with his or her parents or in a foster home;
23        (k) attend school;
24        (k-5) with the consent of the superintendent of the
25    facility, attend an educational program at a facility other
26    than the school in which the offense was committed if he or

 

 

10000HB3208ham001- 30 -LRB100 04765 RLC 23037 a

1    she committed a crime of violence as defined in Section 2
2    of the Crime Victims Compensation Act in a school, on the
3    real property comprising a school, or within 1,000 feet of
4    the real property comprising a school;
5        (l) attend a non-residential program for youth;
6        (m) contribute to his or her own support at home or in
7    a foster home;
8        (n) perform some reasonable public or community
9    service;
10        (o) make restitution to the victim, in the same manner
11    and under the same conditions as provided in subsection (4)
12    of Section 5-710, except that the "sentencing hearing"
13    referred to in that Section shall be the adjudicatory
14    hearing for purposes of this Section;
15        (p) comply with curfew requirements as designated by
16    the court;
17        (q) refrain from entering into a designated geographic
18    area except upon terms as the court finds appropriate. The
19    terms may include consideration of the purpose of the
20    entry, the time of day, other persons accompanying the
21    minor, and advance approval by a probation officer;
22        (r) refrain from having any contact, directly or
23    indirectly, with certain specified persons or particular
24    types of persons, including but not limited to members of
25    street gangs and drug users or dealers;
26        (r-5) undergo a medical or other procedure to have a

 

 

10000HB3208ham001- 31 -LRB100 04765 RLC 23037 a

1    tattoo symbolizing allegiance to a street gang removed from
2    his or her body;
3        (s) refrain from having in his or her body the presence
4    of any illicit drug prohibited by the Cannabis Control Act,
5    the Illinois Controlled Substances Act, or the
6    Methamphetamine Control and Community Protection Act,
7    unless prescribed by a physician, and submit samples of his
8    or her blood or urine or both for tests to determine the
9    presence of any illicit drug; or
10        (t) comply with any other conditions as may be ordered
11    by the court.
12    (6) A minor whose case is continued under supervision under
13subsection (5) shall be given a certificate setting forth the
14conditions imposed by the court. Those conditions may be
15reduced, enlarged, or modified by the court on motion of the
16probation officer or on its own motion, or that of the State's
17Attorney, or, at the request of the minor after notice and
18hearing.
19    (7) If a petition is filed charging a violation of a
20condition of the continuance under supervision, the court shall
21conduct a hearing. If the court finds that a condition of
22supervision has not been fulfilled, the court may proceed to
23findings, adjudication, and disposition or adjudication and
24disposition. The filing of a petition for violation of a
25condition of the continuance under supervision shall toll the
26period of continuance under supervision until the final

 

 

10000HB3208ham001- 32 -LRB100 04765 RLC 23037 a

1determination of the charge, and the term of the continuance
2under supervision shall not run until the hearing and
3disposition of the petition for violation; provided where the
4petition alleges conduct that does not constitute a criminal
5offense, the hearing must be held within 30 days of the filing
6of the petition unless a delay shall continue the tolling of
7the period of continuance under supervision for the period of
8the delay.
9    (8) When a hearing in which a minor is alleged to be a
10delinquent for reasons that include a violation of Section
1121-1.3 of the Criminal Code of 1961 or the Criminal Code of
122012 is continued under this Section, the court shall, as a
13condition of the continuance under supervision, require the
14minor to perform community service for not less than 30 and not
15more than 120 hours, if community service is available in the
16jurisdiction. The community service shall include, but need not
17be limited to, the cleanup and repair of the damage that was
18caused by the alleged violation or similar damage to property
19located in the municipality or county in which the alleged
20violation occurred. The condition may be in addition to any
21other condition.
22    (8.5) When a hearing in which a minor is alleged to be a
23delinquent for reasons that include a violation of Section 3.02
24or Section 3.03 of the Humane Care for Animals Act or paragraph
25(d) of subsection (1) of Section 21-1 of the Criminal Code of
261961 or paragraph (4) of subsection (a) of Section 21-1 or the

 

 

10000HB3208ham001- 33 -LRB100 04765 RLC 23037 a

1Criminal Code of 2012 is continued under this Section, the
2court shall, as a condition of the continuance under
3supervision, require the minor to undergo medical or
4psychiatric treatment rendered by a psychiatrist or
5psychological treatment rendered by a clinical psychologist.
6The condition may be in addition to any other condition.
7    (9) When a hearing in which a minor is alleged to be a
8delinquent is continued under this Section, the court, before
9continuing the case, shall make a finding whether the offense
10alleged to have been committed either: (i) was related to or in
11furtherance of the activities of an organized gang or was
12motivated by the minor's membership in or allegiance to an
13organized gang, or (ii) is a violation of paragraph (13) of
14subsection (a) of Section 12-2 or paragraph (2) of subsection
15(c) of Section 12-2 of the Criminal Code of 1961 or the
16Criminal Code of 2012, a violation of any Section of Article 24
17of the Criminal Code of 1961 or the Criminal Code of 2012, or a
18violation of any statute that involved the unlawful use of a
19firearm. If the court determines the question in the
20affirmative the court shall, as a condition of the continuance
21under supervision and as part of or in addition to any other
22condition of the supervision, require the minor to perform
23community service for not less than 30 hours, provided that
24community service is available in the jurisdiction and is
25funded and approved by the county board of the county where the
26offense was committed. The community service shall include, but

 

 

10000HB3208ham001- 34 -LRB100 04765 RLC 23037 a

1need not be limited to, the cleanup and repair of any damage
2caused by an alleged violation of Section 21-1.3 of the
3Criminal Code of 1961 or the Criminal Code of 2012 and similar
4damage to property located in the municipality or county in
5which the alleged violation occurred. When possible and
6reasonable, the community service shall be performed in the
7minor's neighborhood. For the purposes of this Section,
8"organized gang" has the meaning ascribed to it in Section 10
9of the Illinois Streetgang Terrorism Omnibus Prevention Act.
10    (10) The court shall impose upon a minor placed on
11supervision, as a condition of the supervision, a fee of $50
12for each month of supervision ordered by the court, unless
13after determining the inability of the minor placed on
14supervision to pay the fee, the court assesses a lesser amount.
15The court may not impose the fee on a minor who is made a ward
16of the State under this Act while the minor is in placement.
17The fee shall be imposed only upon a minor who is actively
18supervised by the probation and court services department. A
19court may order the parent, guardian, or legal custodian of the
20minor to pay some or all of the fee on the minor's behalf.
21    (11) (Blank). If a minor is placed on supervision for a
22violation of subsection (a-7) of Section 1 of the Prevention of
23Tobacco Use by Minors Act, the court may, in its discretion,
24and upon recommendation by the State's Attorney, order that
25minor and his or her parents or legal guardian to attend a
26smoker's education or youth diversion program as defined in

 

 

10000HB3208ham001- 35 -LRB100 04765 RLC 23037 a

1that Act if that program is available in the jurisdiction where
2the offender resides. Attendance at a smoker's education or
3youth diversion program shall be time-credited against any
4community service time imposed for any first violation of
5subsection (a-7) of Section 1 of that Act. In addition to any
6other penalty that the court may impose for a violation of
7subsection (a-7) of Section 1 of that Act, the court, upon
8request by the State's Attorney, may in its discretion require
9the offender to remit a fee for his or her attendance at a
10smoker's education or youth diversion program.
11    For purposes of this Section, "smoker's education program"
12or "youth diversion program" includes, but is not limited to, a
13seminar designed to educate a person on the physical and
14psychological effects of smoking tobacco products and the
15health consequences of smoking tobacco products that can be
16conducted with a locality's youth diversion program.
17    In addition to any other penalty that the court may impose
18under this subsection (11):
19        (a) If a minor violates subsection (a-7) of Section 1
20    of the Prevention of Tobacco Use by Minors Act, the court
21    may impose a sentence of 15 hours of community service or a
22    fine of $25 for a first violation.
23        (b) A second violation by a minor of subsection (a-7)
24    of Section 1 of that Act that occurs within 12 months after
25    the first violation is punishable by a fine of $50 and 25
26    hours of community service.

 

 

10000HB3208ham001- 36 -LRB100 04765 RLC 23037 a

1        (c) A third or subsequent violation by a minor of
2    subsection (a-7) of Section 1 of that Act that occurs
3    within 12 months after the first violation is punishable by
4    a $100 fine and 30 hours of community service.
5        (d) Any second or subsequent violation not within the
6    12-month time period after the first violation is
7    punishable as provided for a first violation.
8(Source: P.A. 97-1150, eff. 1-25-13; 98-62, eff. 1-1-14.)
 
9    (705 ILCS 405/5-710)
10    Sec. 5-710. Kinds of sentencing orders.
11    (1) The following kinds of sentencing orders may be made in
12respect of wards of the court:
13        (a) Except as provided in Sections 5-805, 5-810, 5-815,
14    a minor who is found guilty under Section 5-620 may be:
15            (i) put on probation or conditional discharge and
16        released to his or her parents, guardian or legal
17        custodian, provided, however, that any such minor who
18        is not committed to the Department of Juvenile Justice
19        under this subsection and who is found to be a
20        delinquent for an offense which is first degree murder,
21        a Class X felony, or a forcible felony shall be placed
22        on probation;
23            (ii) placed in accordance with Section 5-740, with
24        or without also being put on probation or conditional
25        discharge;

 

 

10000HB3208ham001- 37 -LRB100 04765 RLC 23037 a

1            (iii) required to undergo a substance abuse
2        assessment conducted by a licensed provider and
3        participate in the indicated clinical level of care;
4            (iv) on and after the effective date of this
5        amendatory Act of the 98th General Assembly and before
6        January 1, 2017, placed in the guardianship of the
7        Department of Children and Family Services, but only if
8        the delinquent minor is under 16 years of age or,
9        pursuant to Article II of this Act, a minor for whom an
10        independent basis of abuse, neglect, or dependency
11        exists. On and after January 1, 2017, placed in the
12        guardianship of the Department of Children and Family
13        Services, but only if the delinquent minor is under 15
14        years of age or, pursuant to Article II of this Act, a
15        minor for whom an independent basis of abuse, neglect,
16        or dependency exists. An independent basis exists when
17        the allegations or adjudication of abuse, neglect, or
18        dependency do not arise from the same facts, incident,
19        or circumstances which give rise to a charge or
20        adjudication of delinquency;
21            (v) placed in detention for a period not to exceed
22        30 days, either as the exclusive order of disposition
23        or, where appropriate, in conjunction with any other
24        order of disposition issued under this paragraph,
25        provided that any such detention shall be in a juvenile
26        detention home and the minor so detained shall be 10

 

 

10000HB3208ham001- 38 -LRB100 04765 RLC 23037 a

1        years of age or older. However, the 30-day limitation
2        may be extended by further order of the court for a
3        minor under age 15 committed to the Department of
4        Children and Family Services if the court finds that
5        the minor is a danger to himself or others. The minor
6        shall be given credit on the sentencing order of
7        detention for time spent in detention under Sections
8        5-501, 5-601, 5-710, or 5-720 of this Article as a
9        result of the offense for which the sentencing order
10        was imposed. The court may grant credit on a sentencing
11        order of detention entered under a violation of
12        probation or violation of conditional discharge under
13        Section 5-720 of this Article for time spent in
14        detention before the filing of the petition alleging
15        the violation. A minor shall not be deprived of credit
16        for time spent in detention before the filing of a
17        violation of probation or conditional discharge
18        alleging the same or related act or acts. The
19        limitation that the minor shall only be placed in a
20        juvenile detention home does not apply as follows:
21            Persons 18 years of age and older who have a
22        petition of delinquency filed against them may be
23        confined in an adult detention facility. In making a
24        determination whether to confine a person 18 years of
25        age or older who has a petition of delinquency filed
26        against the person, these factors, among other

 

 

10000HB3208ham001- 39 -LRB100 04765 RLC 23037 a

1        matters, shall be considered:
2                (A) the age of the person;
3                (B) any previous delinquent or criminal
4            history of the person;
5                (C) any previous abuse or neglect history of
6            the person;
7                (D) any mental health history of the person;
8            and
9                (E) any educational history of the person;
10            (vi) ordered partially or completely emancipated
11        in accordance with the provisions of the Emancipation
12        of Minors Act;
13            (vii) subject to having his or her driver's license
14        or driving privileges suspended for such time as
15        determined by the court but only until he or she
16        attains 18 years of age;
17            (viii) put on probation or conditional discharge
18        and placed in detention under Section 3-6039 of the
19        Counties Code for a period not to exceed the period of
20        incarceration permitted by law for adults found guilty
21        of the same offense or offenses for which the minor was
22        adjudicated delinquent, and in any event no longer than
23        upon attainment of age 21; this subdivision (viii)
24        notwithstanding any contrary provision of the law;
25            (ix) ordered to undergo a medical or other
26        procedure to have a tattoo symbolizing allegiance to a

 

 

10000HB3208ham001- 40 -LRB100 04765 RLC 23037 a

1        street gang removed from his or her body; or
2            (x) placed in electronic home detention under Part
3        7A of this Article.
4        (b) A minor found to be guilty may be committed to the
5    Department of Juvenile Justice under Section 5-750 if the
6    minor is at least 13 years and under 20 years of age,
7    provided that the commitment to the Department of Juvenile
8    Justice shall be made only if the minor was found guilty of
9    a felony offense or first degree murder. The court shall
10    include in the sentencing order any pre-custody credits the
11    minor is entitled to under Section 5-4.5-100 of the Unified
12    Code of Corrections. The time during which a minor is in
13    custody before being released upon the request of a parent,
14    guardian or legal custodian shall also be considered as
15    time spent in custody.
16        (c) When a minor is found to be guilty for an offense
17    which is a violation of the Illinois Controlled Substances
18    Act, the Cannabis Control Act, or the Methamphetamine
19    Control and Community Protection Act and made a ward of the
20    court, the court may enter a disposition order requiring
21    the minor to undergo assessment, counseling or treatment in
22    a substance abuse program approved by the Department of
23    Human Services.
24    (2) Any sentencing order other than commitment to the
25Department of Juvenile Justice may provide for protective
26supervision under Section 5-725 and may include an order of

 

 

10000HB3208ham001- 41 -LRB100 04765 RLC 23037 a

1protection under Section 5-730.
2    (3) Unless the sentencing order expressly so provides, it
3does not operate to close proceedings on the pending petition,
4but is subject to modification until final closing and
5discharge of the proceedings under Section 5-750.
6    (4) In addition to any other sentence, the court may order
7any minor found to be delinquent to make restitution, in
8monetary or non-monetary form, under the terms and conditions
9of Section 5-5-6 of the Unified Code of Corrections, except
10that the "presentencing hearing" referred to in that Section
11shall be the sentencing hearing for purposes of this Section.
12The parent, guardian or legal custodian of the minor may be
13ordered by the court to pay some or all of the restitution on
14the minor's behalf, pursuant to the Parental Responsibility
15Law. The State's Attorney is authorized to act on behalf of any
16victim in seeking restitution in proceedings under this
17Section, up to the maximum amount allowed in Section 5 of the
18Parental Responsibility Law.
19    (5) Any sentencing order where the minor is committed or
20placed in accordance with Section 5-740 shall provide for the
21parents or guardian of the estate of the minor to pay to the
22legal custodian or guardian of the person of the minor such
23sums as are determined by the custodian or guardian of the
24person of the minor as necessary for the minor's needs. The
25payments may not exceed the maximum amounts provided for by
26Section 9.1 of the Children and Family Services Act.

 

 

10000HB3208ham001- 42 -LRB100 04765 RLC 23037 a

1    (6) Whenever the sentencing order requires the minor to
2attend school or participate in a program of training, the
3truant officer or designated school official shall regularly
4report to the court if the minor is a chronic or habitual
5truant under Section 26-2a of the School Code. Notwithstanding
6any other provision of this Act, in instances in which
7educational services are to be provided to a minor in a
8residential facility where the minor has been placed by the
9court, costs incurred in the provision of those educational
10services must be allocated based on the requirements of the
11School Code.
12    (7) In no event shall a guilty minor be committed to the
13Department of Juvenile Justice for a period of time in excess
14of that period for which an adult could be committed for the
15same act. The court shall include in the sentencing order a
16limitation on the period of confinement not to exceed the
17maximum period of imprisonment the court could impose under
18Article V of the Unified Code of Corrections.
19    (7.5) In no event shall a guilty minor be committed to the
20Department of Juvenile Justice or placed in detention when the
21act for which the minor was adjudicated delinquent would not be
22illegal if committed by an adult.
23    (7.6) In no event shall a guilty minor be committed to the
24Department of Juvenile Justice for an offense which is a Class
254 felony under Section 19-4 (criminal trespass to a residence),
2621-1 (criminal damage to property), 21-1.01 (criminal damage to

 

 

10000HB3208ham001- 43 -LRB100 04765 RLC 23037 a

1government supported property), 21-1.3 (criminal defacement of
2property), 26-1 (disorderly conduct), or 31-4 (obstructing
3justice), of the Criminal Code of 2012.
4    (7.75) In no event shall a guilty minor be committed to the
5Department of Juvenile Justice for an offense that is a Class 3
6or Class 4 felony violation of the Illinois Controlled
7Substances Act unless the commitment occurs upon a third or
8subsequent judicial finding of a violation of probation for
9substantial noncompliance with court-ordered court ordered
10treatment or programming.
11    (8) A minor found to be guilty for reasons that include a
12violation of Section 21-1.3 of the Criminal Code of 1961 or the
13Criminal Code of 2012 shall be ordered to perform community
14service for not less than 30 and not more than 120 hours, if
15community service is available in the jurisdiction. The
16community service shall include, but need not be limited to,
17the cleanup and repair of the damage that was caused by the
18violation or similar damage to property located in the
19municipality or county in which the violation occurred. The
20order may be in addition to any other order authorized by this
21Section.
22    (8.5) A minor found to be guilty for reasons that include a
23violation of Section 3.02 or Section 3.03 of the Humane Care
24for Animals Act or paragraph (d) of subsection (1) of Section
2521-1 of the Criminal Code of 1961 or paragraph (4) of
26subsection (a) of Section 21-1 of the Criminal Code of 2012

 

 

10000HB3208ham001- 44 -LRB100 04765 RLC 23037 a

1shall be ordered to undergo medical or psychiatric treatment
2rendered by a psychiatrist or psychological treatment rendered
3by a clinical psychologist. The order may be in addition to any
4other order authorized by this Section.
5    (9) In addition to any other sentencing order, the court
6shall order any minor found to be guilty for an act which would
7constitute, predatory criminal sexual assault of a child,
8aggravated criminal sexual assault, criminal sexual assault,
9aggravated criminal sexual abuse, or criminal sexual abuse if
10committed by an adult to undergo medical testing to determine
11whether the defendant has any sexually transmissible disease
12including a test for infection with human immunodeficiency
13virus (HIV) or any other identified causative agency of
14acquired immunodeficiency syndrome (AIDS). Any medical test
15shall be performed only by appropriately licensed medical
16practitioners and may include an analysis of any bodily fluids
17as well as an examination of the minor's person. Except as
18otherwise provided by law, the results of the test shall be
19kept strictly confidential by all medical personnel involved in
20the testing and must be personally delivered in a sealed
21envelope to the judge of the court in which the sentencing
22order was entered for the judge's inspection in camera. Acting
23in accordance with the best interests of the victim and the
24public, the judge shall have the discretion to determine to
25whom the results of the testing may be revealed. The court
26shall notify the minor of the results of the test for infection

 

 

10000HB3208ham001- 45 -LRB100 04765 RLC 23037 a

1with the human immunodeficiency virus (HIV). The court shall
2also notify the victim if requested by the victim, and if the
3victim is under the age of 15 and if requested by the victim's
4parents or legal guardian, the court shall notify the victim's
5parents or the legal guardian, of the results of the test for
6infection with the human immunodeficiency virus (HIV). The
7court shall provide information on the availability of HIV
8testing and counseling at the Department of Public Health
9facilities to all parties to whom the results of the testing
10are revealed. The court shall order that the cost of any test
11shall be paid by the county and may be taxed as costs against
12the minor.
13    (10) When a court finds a minor to be guilty the court
14shall, before entering a sentencing order under this Section,
15make a finding whether the offense committed either: (a) was
16related to or in furtherance of the criminal activities of an
17organized gang or was motivated by the minor's membership in or
18allegiance to an organized gang, or (b) involved a violation of
19subsection (a) of Section 12-7.1 of the Criminal Code of 1961
20or the Criminal Code of 2012, a violation of any Section of
21Article 24 of the Criminal Code of 1961 or the Criminal Code of
222012, or a violation of any statute that involved the wrongful
23use of a firearm. If the court determines the question in the
24affirmative, and the court does not commit the minor to the
25Department of Juvenile Justice, the court shall order the minor
26to perform community service for not less than 30 hours nor

 

 

10000HB3208ham001- 46 -LRB100 04765 RLC 23037 a

1more than 120 hours, provided that community service is
2available in the jurisdiction and is funded and approved by the
3county board of the county where the offense was committed. The
4community service shall include, but need not be limited to,
5the cleanup and repair of any damage caused by a violation of
6Section 21-1.3 of the Criminal Code of 1961 or the Criminal
7Code of 2012 and similar damage to property located in the
8municipality or county in which the violation occurred. When
9possible and reasonable, the community service shall be
10performed in the minor's neighborhood. This order shall be in
11addition to any other order authorized by this Section except
12for an order to place the minor in the custody of the
13Department of Juvenile Justice. For the purposes of this
14Section, "organized gang" has the meaning ascribed to it in
15Section 10 of the Illinois Streetgang Terrorism Omnibus
16Prevention Act.
17    (11) If the court determines that the offense was committed
18in furtherance of the criminal activities of an organized gang,
19as provided in subsection (10), and that the offense involved
20the operation or use of a motor vehicle or the use of a
21driver's license or permit, the court shall notify the
22Secretary of State of that determination and of the period for
23which the minor shall be denied driving privileges. If, at the
24time of the determination, the minor does not hold a driver's
25license or permit, the court shall provide that the minor shall
26not be issued a driver's license or permit until his or her

 

 

10000HB3208ham001- 47 -LRB100 04765 RLC 23037 a

118th birthday. If the minor holds a driver's license or permit
2at the time of the determination, the court shall provide that
3the minor's driver's license or permit shall be revoked until
4his or her 21st birthday, or until a later date or occurrence
5determined by the court. If the minor holds a driver's license
6at the time of the determination, the court may direct the
7Secretary of State to issue the minor a judicial driving
8permit, also known as a JDP. The JDP shall be subject to the
9same terms as a JDP issued under Section 6-206.1 of the
10Illinois Vehicle Code, except that the court may direct that
11the JDP be effective immediately.
12    (12) (Blank). If a minor is found to be guilty of a
13violation of subsection (a-7) of Section 1 of the Prevention of
14Tobacco Use by Minors Act, the court may, in its discretion,
15and upon recommendation by the State's Attorney, order that
16minor and his or her parents or legal guardian to attend a
17smoker's education or youth diversion program as defined in
18that Act if that program is available in the jurisdiction where
19the offender resides. Attendance at a smoker's education or
20youth diversion program shall be time-credited against any
21community service time imposed for any first violation of
22subsection (a-7) of Section 1 of that Act. In addition to any
23other penalty that the court may impose for a violation of
24subsection (a-7) of Section 1 of that Act, the court, upon
25request by the State's Attorney, may in its discretion require
26the offender to remit a fee for his or her attendance at a

 

 

10000HB3208ham001- 48 -LRB100 04765 RLC 23037 a

1smoker's education or youth diversion program.
2    For purposes of this Section, "smoker's education program"
3or "youth diversion program" includes, but is not limited to, a
4seminar designed to educate a person on the physical and
5psychological effects of smoking tobacco products and the
6health consequences of smoking tobacco products that can be
7conducted with a locality's youth diversion program.
8    In addition to any other penalty that the court may impose
9under this subsection (12):
10        (a) If a minor violates subsection (a-7) of Section 1
11    of the Prevention of Tobacco Use by Minors Act, the court
12    may impose a sentence of 15 hours of community service or a
13    fine of $25 for a first violation.
14        (b) A second violation by a minor of subsection (a-7)
15    of Section 1 of that Act that occurs within 12 months after
16    the first violation is punishable by a fine of $50 and 25
17    hours of community service.
18        (c) A third or subsequent violation by a minor of
19    subsection (a-7) of Section 1 of that Act that occurs
20    within 12 months after the first violation is punishable by
21    a $100 fine and 30 hours of community service.
22        (d) Any second or subsequent violation not within the
23    12-month time period after the first violation is
24    punishable as provided for a first violation.
25(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;
2699-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, eff. 1-1-17;

 

 

10000HB3208ham001- 49 -LRB100 04765 RLC 23037 a

1revised 9-2-16.)
 
2    Section 25. The Prevention of Tobacco Use by Minors and
3Sale and Distribution of Tobacco Products Act is amended by
4changing the title of the Act and Sections 0.01, 1, and 2 as
5follows:
 
6    (720 ILCS 675/Act title)
7An Act to prohibit persons under 21 years of age minors
8from buying or , selling, or possessing tobacco in any of its
9forms, to prohibit selling, giving or furnishing tobacco, in
10any of its forms, to persons under 21 years of age minors, and
11to prohibit the distribution of tobacco samples and providing
12penalties therefor.
 
13    (720 ILCS 675/0.01)  (from Ch. 23, par. 2356.9)
14    Sec. 0.01. Short title. This Act may be cited as the
15Prevention of Tobacco Use by Persons under 21 years of Age
16Minors and Sale and Distribution of Tobacco Products Act.
17(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
1896-1000, eff. 7-2-10.)
 
19    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
20    Sec. 1. Prohibition on sale to and possession of tobacco
21products, electronic cigarettes, and alternative nicotine
22products to persons under 21 years of age by minors;

 

 

10000HB3208ham001- 50 -LRB100 04765 RLC 23037 a

1prohibition on the distribution of tobacco product samples,
2electronic cigarette samples, and alternative nicotine product
3samples to any person; use of identification cards; vending
4machines; lunch wagons; out-of-package sales.
5    (a) No person minor under 21 18 years of age shall buy any
6tobacco product, electronic cigarette, or alternative nicotine
7product. No person shall sell, buy for, distribute samples of
8or furnish any tobacco product, electronic cigarette, or any
9alternative nicotine product to any person minor under 21 18
10years of age.
11    (a-5) No person minor under 16 years of age may sell any
12tobacco product, electronic cigarette, or alternative nicotine
13product at a retail establishment selling tobacco products,
14electronic cigarettes, or alternative nicotine products. This
15subsection does not apply to a sales clerk in a family-owned
16business which can prove that the sales clerk is in fact a son
17or daughter of the owner.
18    (a-5.1) Before selling, offering for sale, giving, or
19furnishing a tobacco product, electronic cigarette, or
20alternative nicotine product to another person, the person
21selling, offering for sale, giving, or furnishing the tobacco
22product, electronic cigarette, or alternative nicotine product
23shall verify that the person is at least 21 years of age by:
24        (1) examining from any person that appears to be under
25    30 years of age a government-issued photographic
26    identification that establishes the person to be 21 years

 

 

10000HB3208ham001- 51 -LRB100 04765 RLC 23037 a

1    of age or older; or
2        (2) for sales of tobacco products, electronic
3    cigarettes, or alternative nicotine products made through
4    the Internet or other remote sales methods, performing an
5    age verification through an independent, third party age
6    verification service that compares information available
7    from public records to the personal information entered by
8    the person during the ordering process that establishes the
9    person is 21 years of age or older.
10    (a-6) No person minor under 21 18 years of age in the
11furtherance or facilitation of obtaining any tobacco product,
12electronic cigarette, or alternative nicotine product shall
13display or use a false or forged identification card or
14transfer, alter, or deface an identification card.
15     (a-7) (Blank). No minor under 18 years of age shall
16possess any cigar, cigarette, smokeless tobacco, or tobacco in
17any of its forms.
18    (a-8) A person shall not distribute without charge samples
19of any tobacco product, electronic cigarette, or alternative
20nicotine product to any other person, regardless of age:
21        (1) within a retail establishment selling tobacco
22    products, electronic cigarettes, or alternative nicotine
23    products unless the retailer has verified the purchaser's
24    age with a government issued identification;
25        (2) from a lunch wagon; or
26        (3) on a public way as a promotion or advertisement of

 

 

10000HB3208ham001- 52 -LRB100 04765 RLC 23037 a

1    a tobacco manufacturer, or tobacco product, electronic
2    cigarette, or alternative nicotine product.
3    This subsection (a-8) does not apply to the distribution of
4a tobacco product, electronic cigarette, or alternative
5nicotine product sample in any adult-only facility.
6    (a-9) For the purpose of this Section:
7        "Adult-only facility means a facility or restricted
8    area (whether open-air or enclosed) where the operator
9    ensures or has a reasonable basis to believe (such as by
10    checking identification as required under State law, or by
11    checking the identification of any person appearing to be
12    under the age of 30 27) that no person under legal age is
13    present. A facility or restricted area need not be
14    permanently restricted to persons under 21 years of legal
15    age to constitute an adult-only facility, provided that the
16    operator ensures or has a reasonable basis to believe that
17    no person under 21 years of legal age is present during the
18    event or time period in question.
19        "Alternative nicotine product" means a product or
20    device not consisting of or containing tobacco that
21    provides for the ingestion into the body of nicotine,
22    whether by chewing, smoking, absorbing, dissolving,
23    inhaling, snorting, sniffing, or by any other means.
24    "Alternative nicotine product" does not include:
25    cigarettes as defined in Section 1 of the Cigarette Tax Act
26    and tobacco products as defined in Section 10-5 of the

 

 

10000HB3208ham001- 53 -LRB100 04765 RLC 23037 a

1    Tobacco Products Tax Act of 1995; tobacco product and
2    electronic cigarette as defined in this Section; or any
3    product approved by the United States Food and Drug
4    Administration for sale as a tobacco cessation product, as
5    a tobacco dependence product, or for other medical
6    purposes, and is being marketed and sold solely for that
7    approved purpose.
8    "Electronic cigarette" means:
9        (1) any device that employs a battery or other
10    mechanism to heat a solution or substance to produce a
11    vapor or aerosol intended for inhalation;
12        (2) any cartridge or container of a solution or
13    substance intended to be used with or in the device or to
14    refill the device; or
15        (3) any solution or substance, whether or not it
16    contains nicotine intended for use in the device.
17    "Electronic cigarette" includes, but is not limited to, any
18    electronic nicotine delivery system, electronic cigar,
19    electronic cigarillo, electronic pipe, electronic hookah,
20    vape pen, or similar product or device, and any components
21    or parts that can be used to build the product or device.
22    "Electronic cigarette" does not include: cigarettes as
23    defined in Section 1 of the Cigarette Tax Act and tobacco
24    products as defined in Section 10-5 of the Tobacco Products
25    Tax Act of 1995; tobacco product and alternative nicotine
26    product as defined in this Section; any product approved by

 

 

10000HB3208ham001- 54 -LRB100 04765 RLC 23037 a

1    the United States Food and Drug Administration for sale as
2    a tobacco cessation product, as a tobacco dependence
3    product, or for other medical purposes, and is being
4    marketed and sold solely for that approved purpose; any
5    asthma inhaler prescribed by a physician for that condition
6    and is being marketed and sold solely for that approved
7    purpose; or any therapeutic product approved for use under
8    the Compassionate Use of Medical Cannabis Pilot Program
9    Act.
10        "Lunch wagon" means a mobile vehicle designed and
11    constructed to transport food and from which food is sold
12    to the general public.
13        "Nicotine" means any form of the chemical nicotine,
14    including any salt or complex, regardless of whether the
15    chemical is naturally or synthetically derived.
16        "Smokeless tobacco" means any tobacco products that
17    are suitable for dipping or chewing.
18        "Tobacco product" means any product containing or made
19    from tobacco that is intended for human consumption,
20    whether smoked, heated, chewed, absorbed, dissolved,
21    inhaled, snorted, sniffed, or ingested by any other means,
22    including, but not limited to, cigarettes, cigars, little
23    cigars, chewing tobacco, pipe tobacco, snuff, snus, and any
24    other smokeless tobacco product which contains tobacco
25    that is finely cut, ground, powdered, or leaf and intended
26    to be placed in the oral cavity. "Tobacco product" includes

 

 

10000HB3208ham001- 55 -LRB100 04765 RLC 23037 a

1    any component, part, or accessory of a tobacco product,
2    whether or not sold separately. "Tobacco product" does not
3    include: an electronic cigarette and alternative nicotine
4    product as defined in this Section; or any product that has
5    been approved by the United States Food and Drug
6    Administration for sale as a tobacco cessation product, as
7    a tobacco dependence product, or for other medical
8    purposes, and is being marketed and sold solely for that
9    approved purpose means any cigar, cigarette, smokeless
10    tobacco, or tobacco in any of its forms.
11    (b) Tobacco products, electronic cigarettes, and
12alternative nicotine products listed in this Section may be
13sold through a vending machine only if such tobacco products,
14electronic cigarettes, and alternative nicotine products are
15not placed together with any non-tobacco product, other than
16matches, in the vending machine and the vending machine is in
17any of the following locations:
18        (1) (Blank).
19        (2) Places to which persons minors under 21 18 years of
20    age are not permitted access at any time.
21        (3) Places where alcoholic beverages are sold and
22    consumed on the premises and vending machine operation is
23    under the direct supervision of the owner or manager.
24        (4) (Blank).
25        (5) (Blank). Places where the vending machine can only
26    be operated by the owner or an employee over age 18 either

 

 

10000HB3208ham001- 56 -LRB100 04765 RLC 23037 a

1    directly or through a remote control device if the device
2    is inaccessible to all customers.
3    (c) (Blank).
4    (d) The sale or distribution by any person of a tobacco
5product as defined in this Section, including but not limited
6to a single or loose cigarette, that is not contained within a
7sealed container, pack, or package as provided by the
8manufacturer, which container, pack, or package bears the
9health warning required by federal law, is prohibited.
10    (e) It is not a violation of this Act for a person under 21
1118 years of age to purchase or possess a tobacco product,
12electronic cigarette, or alternative nicotine product cigar,
13cigarette, smokeless tobacco or tobacco in any of its forms if
14the person under the age of 21 18 purchases or is given the
15cigar, cigarette, smokeless tobacco or tobacco product,
16electronic cigarette, or alternative nicotine product in any of
17its forms from a retail seller of tobacco products, electronic
18cigarettes, or alternative nicotine products or an employee of
19the retail seller pursuant to a plan or action to investigate,
20patrol, or otherwise conduct a "sting operation" or enforcement
21action against a retail seller of tobacco products, electronic
22cigarettes, or alternative nicotine products or a person
23employed by the retail seller of tobacco products, electronic
24cigarettes, or alternative nicotine products or on any premises
25authorized to sell tobacco products, electronic cigarettes, or
26alternative nicotine products to determine if tobacco

 

 

10000HB3208ham001- 57 -LRB100 04765 RLC 23037 a

1products, electronic cigarettes, or alternative nicotine
2products are being sold or given to persons under 21 18 years
3of age if the "sting operation" or enforcement action is
4approved by, conducted by, or conducted on behalf of the
5Department of State Police, the county sheriff, a municipal
6police department, the Department of Revenue, the Department of
7Public Health, or a local health department. The results of any
8sting operation or enforcement action, including the name of
9the clerk, shall be provided to the retail seller within 7
10business days.
11(Source: P.A. 98-1055, eff. 1-1-16.)
 
12    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
13    Sec. 2. Penalties.
14    (a) Any person who violates subsection (a), or (a-5),
15(a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or
16(c) of Section 1.5 of this Act is guilty of a petty offense.
17For the first offense in a 24-month period, the person shall be
18fined $200 if his or her employer has a training program that
19facilitates compliance with minimum-age tobacco laws. For the
20second offense in a 24-month period, the person shall be fined
21$400 if his or her employer has a training program that
22facilitates compliance with minimum-age tobacco laws. For the
23third offense in a 24-month period, the person shall be fined
24$600 if his or her employer has a training program that
25facilitates compliance with minimum-age tobacco laws. For the

 

 

10000HB3208ham001- 58 -LRB100 04765 RLC 23037 a

1fourth or subsequent offense in a 24-month period, the person
2shall be fined $800 if his or her employer has a training
3program that facilitates compliance with minimum-age tobacco
4laws. For the purposes of this subsection, the 24-month period
5shall begin with the person's first violation of the Act. The
6penalties in this subsection are in addition to any other
7penalties prescribed under the Cigarette Tax Act and the
8Tobacco Products Tax Act of 1995.
9    (a-5) Any retailer who violates subsection (a), or (a-5),
10(a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or
11(c) of Section 1.5 of this Act is guilty of a petty offense.
12For the first offense in a 24-month period, the retailer shall
13be fined $200 if it does not have a training program that
14facilitates compliance with minimum-age tobacco laws. For the
15second offense in a 24-month period, the retailer shall be
16fined $400 if it does not have a training program that
17facilitates compliance with minimum-age tobacco laws. For the
18third offense within a 24-month period, the retailer shall be
19fined $600 if it does not have a training program that
20facilitates compliance with minimum-age tobacco laws. For the
21fourth or subsequent offense in a 24-month period, the retailer
22shall be fined $800 if it does not have a training program that
23facilitates compliance with minimum-age tobacco laws. For the
24purposes of this subsection, the 24-month period shall begin
25with the person's first violation of the Act. The penalties in
26this subsection are in addition to any other penalties

 

 

10000HB3208ham001- 59 -LRB100 04765 RLC 23037 a

1prescribed under the Cigarette Tax Act and the Tobacco Products
2Tax Act of 1995.
3    (a-6) For the purpose of this Act, a training program that
4facilitates compliance with minimum-age tobacco laws must
5include at least the following elements: (i) it must explain
6that only individuals displaying valid identification
7demonstrating that they are 21 18 years of age or older shall
8be eligible to purchase cigarettes or tobacco products,
9electronic cigarettes, or alternative nicotine products and
10(ii) it must explain where a clerk can check identification for
11a date of birth. The training may be conducted electronically.
12Each retailer that has a training program shall require each
13employee who completes the training program to sign a form
14attesting that the employee has received and completed tobacco
15training. The form shall be kept in the employee's file and may
16be used to provide proof of training.
17    (b) (Blank). If a minor violates subsection (a-7) of
18Section 1 or subsection (d) of Section 1.5 he or she is guilty
19of a petty offense and the court may impose a sentence of 25
20hours of community service and a fine of $50 for a first
21violation. If a minor violates subsection (a-6) of Section 1,
22he or she is guilty of a Class A misdemeanor.
23    (c) (Blank). A second violation by a minor of subsection
24(a-7) of Section 1 or subsection (d) of Section 1.5 that occurs
25within 12 months after the first violation is punishable by a
26fine of $75 and 50 hours of community service.

 

 

10000HB3208ham001- 60 -LRB100 04765 RLC 23037 a

1    (d) (Blank). A third or subsequent violation by a minor of
2subsection (a-7) of Section 1 or subsection (d) of Section 1.5
3that occurs within 12 months after the first violation is
4punishable by a $200 fine and 50 hours of community service.
5    (e) (Blank). Any second or subsequent violation not within
6the 12-month time period after the first violation is
7punishable as provided for a first violation.
8    (f) (Blank). If a minor is convicted of or placed on
9supervision for a violation of subsection (a-6) or (a-7) of
10Section 1 or subsection (d) of Section 1.5, the court may, in
11its discretion, and upon recommendation by the State's
12Attorney, order that minor and his or her parents or legal
13guardian to attend a smoker's education or youth diversion
14program if that program is available in the jurisdiction where
15the offender resides. Attendance at a smoker's education or
16youth diversion program shall be time-credited against any
17community service time imposed for any first violation of
18subsection (a-7) of Section 1. In addition to any other penalty
19that the court may impose for a violation of subsection (a-7)
20of Section 1 or subsection (d) of Section 1.5, the court, upon
21request by the State's Attorney, may in its discretion require
22the offender to remit a fee for his or her attendance at a
23smoker's education or youth diversion program.
24    (g) (Blank). For purposes of this Section, "smoker's
25education program" or "youth diversion program" includes, but
26is not limited to, a seminar designed to educate a person on

 

 

10000HB3208ham001- 61 -LRB100 04765 RLC 23037 a

1the physical and psychological effects of smoking tobacco
2products and alternative nicotine products and the health
3consequences of smoking tobacco products and alternative
4nicotine products that can be conducted with a locality's youth
5diversion program.
6    (h) All moneys collected as fines for violations of
7subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) or
8(a-7) of Section 1 and subsection (b), (c), or (d) of Section
91.5 shall be distributed in the following manner:
10        (1) one-half of each fine shall be distributed to the
11    unit of local government or other entity that successfully
12    prosecuted the offender; and
13        (2) one-half shall be remitted to the State to be used
14    for enforcing this Act.
15    Any violation of subsection (a) or (a-5) of Section 1 or
16subsection (b) or (c) of Section 1.5 shall be reported to the
17Department of Revenue within 7 business days.
18(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16;
1999-192, eff. 1-1-16; 99-496, eff. 6-1-16; revised 9-14-16.)
 
20    (720 ILCS 675/1.5 rep.)
21    Section 30. The Prevention of Tobacco Use by Minors and
22Sale and Distribution of Tobacco Products Act is amended by
23repealing Section 1.5.
 
24    Section 35. The Display of Tobacco Products Act is amended

 

 

10000HB3208ham001- 62 -LRB100 04765 RLC 23037 a

1by changing Sections 5, 10, and 15 as follows:
 
2    (720 ILCS 677/5)
3    Sec. 5. Definitions. In this Act:
4    "Electronic cigarette" "Alternative nicotine product" has
5the meaning ascribed to it in Section 1 1.5 of the Prevention
6of Tobacco Use by Persons under 21 Years of Age Minors and Sale
7and Distribution of Tobacco Products Act.
8    "Alternative nicotine product" has the meaning ascribed to
9it in Section 1 of the Prevention of Tobacco Use by Persons
10under 21 Years of Age and Sale and Distribution of Tobacco
11Products Act.
12    "Line of sight" means visible to a cashier or other
13employee.
14    "Age restricted area" means a signed designated area in a
15retail establishment to which persons minors under 21 18 years
16of age are not permitted access unless accompanied by a parent
17or legal guardian.
18(Source: P.A. 98-983, eff. 1-1-15.)
 
19    (720 ILCS 677/10)
20    Sec. 10. Tobacco product displays. All single packs of
21cigarettes, and electronic cigarettes, and alternative
22nicotine products must be sold from behind the counter or in an
23age restricted area or in a sealed display case. Any other
24tobacco products must be sold in line of sight.

 

 

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1    The restrictions described in this Section do not apply to
2a retail tobacco store that (i) derives at least 90% of its
3revenue from tobacco and tobacco related products; (ii) does
4not permit persons under the age of 21 18 to enter the premises
5unless accompanied by a parent or legal guardian; and (iii)
6posts a sign on the main entrance way stating that persons
7under the age of 21 18 are prohibited from entering unless
8accompanied by a parent or legal guardian.
9(Source: P.A. 98-983, eff. 1-1-15.)
 
10    (720 ILCS 677/15)
11    Sec. 15. Vending machines. This Act does not prohibit the
12sale of tobacco products, electronic cigarettes, or
13alternative nicotine products from vending machines if the
14location of the vending machines are in compliance with the
15provisions of Section 1 of the Prevention of Tobacco Use by
16Persons under 21 Years of Age Minors and Sale and Distribution
17of Tobacco Products Act.
18(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
1996-1000, eff. 7-2-10.)
 
20    Section 40. The Prevention of Cigarette Sales to Minors Act
21is amended by changing Sections 1, 5, 6, 7, and 8 as follows:
 
22    (720 ILCS 678/1)
23    Sec. 1. Short title. This Act may be cited as the

 

 

10000HB3208ham001- 64 -LRB100 04765 RLC 23037 a

1Prevention of Cigarette Sales to Persons Under 21 Years of Age
2Minors Act.
3(Source: P.A. 93-960, eff. 8-20-04.)
 
4    (720 ILCS 678/5)
5    Sec. 5. Unlawful shipment or transportation of cigarettes.
6    (a) It is unlawful for any person engaged in the business
7of selling cigarettes to ship or cause to be shipped any
8cigarettes unless the person shipping the cigarettes:
9        (1) is licensed as a distributor under either the
10    Cigarette Tax Act, or the Cigarette Use Tax Act; or
11    delivers the cigarettes to a distributor licensed under
12    either the Cigarette Tax Act or the Cigarette Use Tax Act;
13    or
14        (2) ships them to an export warehouse proprietor
15    pursuant to Chapter 52 of the Internal Revenue Code, or an
16    operator of a customs bonded warehouse pursuant to Section
17    1311 or 1555 of Title 19 of the United States Code.
18    For purposes of this subsection (a), a person is a licensed
19distributor if the person's name appears on a list of licensed
20distributors published by the Illinois Department of Revenue.
21The term cigarette has the same meaning as defined in Section 1
22of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax
23Act. Nothing in this Act prohibits a person licensed as a
24distributor under the Cigarette Tax Act or the Cigarette Use
25Tax Act from shipping or causing to be shipped any cigarettes

 

 

10000HB3208ham001- 65 -LRB100 04765 RLC 23037 a

1to a registered retailer under the Retailers' Occupation Tax
2Act provided the cigarette tax or cigarette use tax has been
3paid.
4    (b) A common or contract carrier may transport cigarettes
5to any individual person in this State only if the carrier
6reasonably believes such cigarettes have been received from a
7person described in paragraph (a)(1). Common or contract
8carriers may make deliveries of cigarettes to licensed
9distributors described in paragraph (a)(1) of this Section.
10Nothing in this subsection (b) shall be construed to prohibit a
11person other than a common or contract carrier from
12transporting not more than 1,000 cigarettes at any one time to
13any person in this State.
14    (c) A common or contract carrier may not complete the
15delivery of any cigarettes to persons other than those
16described in paragraph (a)(1) of this Section without first
17obtaining from the purchaser an official written
18identification from any state or federal agency that displays
19the person's date of birth or a birth certificate that includes
20a reliable confirmation that the purchaser is at least 21 18
21years of age; that the cigarettes purchased are not intended
22for consumption by an individual who is younger than 21 18
23years of age; and a written statement signed by the purchaser
24that certifies the purchaser's address and that the purchaser
25is at least 21 18 years of age. The statement shall also
26confirm: (1) that the purchaser understands that signing

 

 

10000HB3208ham001- 66 -LRB100 04765 RLC 23037 a

1another person's name to the certification is illegal; (2) that
2the sale of cigarettes to individuals under 21 18 years of age
3is illegal; and (3) that the purchase of cigarettes by
4individuals under 21 18 years of age is illegal under the laws
5of Illinois.
6    (d) When a person engaged in the business of selling
7cigarettes ships or causes to be shipped any cigarettes to any
8person in this State, other than in the cigarette
9manufacturer's or tobacco products manufacturer's original
10container or wrapping, the container or wrapping must be
11plainly and visibly marked with the word "cigarettes".
12    (e) When a peace officer of this State or any duly
13authorized officer or employee of the Illinois Department of
14Public Health or Department of Revenue discovers any cigarettes
15which have been or which are being shipped or transported in
16violation of this Section, he or she shall seize and take
17possession of the cigarettes, and the cigarettes shall be
18subject to a forfeiture action pursuant to the procedures
19provided under the Cigarette Tax Act or Cigarette Use Tax Act.
20(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
21    (720 ILCS 678/6)
22    Sec. 6. Prevention of delivery sales to persons under 21
23years of age minors.
24    (a) No person shall make a delivery sale of cigarettes to
25any individual who is under 21 18 years of age.

 

 

10000HB3208ham001- 67 -LRB100 04765 RLC 23037 a

1    (b) Each person accepting a purchase order for a delivery
2sale shall comply with the provisions of this Act and all other
3laws of this State generally applicable to sales of cigarettes
4that occur entirely within this State.
5(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
6    (720 ILCS 678/7)
7    Sec. 7. Age verification and shipping requirements to
8prevent delivery sales to to persons under 21 of age minors.
9    (a) No person, other than a delivery service, shall mail,
10ship, or otherwise cause to be delivered a shipping package in
11connection with a delivery sale unless the person:
12        (1) prior to the first delivery sale to the prospective
13    consumer, obtains from the prospective consumer a written
14    certification which includes a statement signed by the
15    prospective consumer that certifies:
16            (A) the prospective consumer's current address;
17        and
18            (B) that the prospective consumer is at least the
19        legal minimum age;
20        (2) informs, in writing, such prospective consumer
21    that:
22            (A) the signing of another person's name to the
23        certification described in this Section is illegal;
24            (B) sales of cigarettes to individuals under 21 18
25        years of age are illegal;

 

 

10000HB3208ham001- 68 -LRB100 04765 RLC 23037 a

1            (C) the purchase of cigarettes by individuals
2        under 21 18 years of age is illegal; and
3            (D) the name and identity of the prospective
4        consumer may be reported to the state of the consumer's
5        current address under the Act of October 19, 1949 (15
6        U.S.C. § 375, et seq.), commonly known as the Jenkins
7        Act;
8        (3) makes a good faith effort to verify the date of
9    birth of the prospective consumer provided pursuant to this
10    Section by:
11            (A) comparing the date of birth against a
12        commercially available database; or
13            (B) obtaining a photocopy or other image of a
14        valid, government-issued identification stating the
15        date of birth or age of the prospective consumer;
16        (4) provides to the prospective consumer a notice that
17    meets the requirements of subsection (b);
18        (5) receives payment for the delivery sale from the
19    prospective consumer by a credit or debit card that has
20    been issued in such consumer's name, or by a check or other
21    written instrument in such consumer's name; and
22        (6) ensures that the shipping package is delivered to
23    the same address as is shown on the government-issued
24    identification or contained in the commercially available
25    database.
26    (b) The notice required under this Section shall include:

 

 

10000HB3208ham001- 69 -LRB100 04765 RLC 23037 a

1        (1) a statement that cigarette sales to consumers below
2    21 18 years of age are illegal;
3        (2) a statement that sales of cigarettes are restricted
4    to those consumers who provide verifiable proof of age in
5    accordance with subsection (a);
6        (3) a statement that cigarette sales are subject to tax
7    under Section 2 of the Cigarette Tax Act (35 ILCS 130/2),
8    Section 2 of the Cigarette Use Tax Act, and Section 3 of
9    the Use Tax Act and an explanation of how the correct tax
10    has been, or is to be, paid with respect to such delivery
11    sale.
12    (c) A statement meets the requirement of this Section if:
13        (1) the statement is clear and conspicuous;
14        (2) the statement is contained in a printed box set
15    apart from the other contents of the communication;
16        (3) the statement is printed in bold, capital letters;
17        (4) the statement is printed with a degree of color
18    contrast between the background and the printed statement
19    that is no less than the color contrast between the
20    background and the largest text used in the communication;
21    and
22        (5) for any printed material delivered by electronic
23    means, the statement appears at both the top and the bottom
24    of the electronic mail message or both the top and the
25    bottom of the Internet website homepage.
26    (d) Each person, other than a delivery service, who mails,

 

 

10000HB3208ham001- 70 -LRB100 04765 RLC 23037 a

1ships, or otherwise causes to be delivered a shipping package
2in connection with a delivery sale shall:
3        (1) include as part of the shipping documents a clear
4    and conspicuous statement stating: "Cigarettes: Illinois
5    Law Prohibits Shipping to Individuals Under 21 18 and
6    Requires the Payment of All Applicable Taxes";
7        (2) use a method of mailing, shipping, or delivery that
8    requires a signature before the shipping package is
9    released to the consumer; and
10        (3) ensure that the shipping package is not delivered
11    to any post office box.
12(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
13    (720 ILCS 678/8)
14    Sec. 8. Registration and reporting requirements to prevent
15delivery sales to persons under 21 years of age minors.
16    (a) Not later than the 15th day of each month, each person
17making a delivery sale during the previous calendar month shall
18file a report with the Department containing the following
19information:
20        (1) the seller's name, trade name, and the address of
21    such person's principal place of business and any other
22    place of business;
23        (2) the name and address of the consumer to whom such
24    delivery sale was made;
25        (3) the brand style or brand styles of the cigarettes

 

 

10000HB3208ham001- 71 -LRB100 04765 RLC 23037 a

1    that were sold in such delivery sale;
2        (4) the quantity of cigarettes that were sold in such
3    delivery sale;
4        (5) an indication of whether or not the cigarettes sold
5    in the delivery sale bore a tax stamp evidencing payment of
6    the tax under Section 2 of the Cigarette Tax Act (35 ILCS
7    130/2); and
8        (6) such other information the Department may require.
9    (b) Each person engaged in business within this State who
10makes an out-of-state sale shall, for each individual sale,
11submit to the appropriate tax official of the state in which
12the consumer is located the information required in subsection
13(a).
14    (c) Any person that satisfies the requirements of 15 U.S.C.
15Section 376 shall be deemed to satisfy the requirements of
16subsections (a) and (b).
17    (d) The Department is authorized to disclose to the
18Attorney General any information received under this title and
19requested by the Attorney General. The Department and the
20Attorney General shall share with each other the information
21received under this title and may share the information with
22other federal, State, or local agencies for purposes of
23enforcement of this title or the laws of the federal government
24or of other states.
25    (e) This Section shall not be construed to impose liability
26upon any delivery service, or officers or employees thereof,

 

 

10000HB3208ham001- 72 -LRB100 04765 RLC 23037 a

1when acting within the scope of business of the delivery
2service.
3    (f) The Department may establish procedures requiring
4electronic transmission of the information required by this
5Section directly to the Department on forms prescribed and
6furnished by the Department.
7(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
8    (720 ILCS 680/Act rep.)
9    Section 45. The Smokeless Tobacco Limitation Act is
10repealed.
 
11    Section 50. The Tobacco Accessories and Smoking Herbs
12Control Act is amended by changing Sections 2 and 4 as follows:
 
13    (720 ILCS 685/2)  (from Ch. 23, par. 2358-2)
14    Sec. 2. Purpose. The sale and possession of marijuana,
15hashish, cocaine, opium and their derivatives, is not only
16prohibited by Illinois Law, but the use of these substances has
17been deemed injurious to the health of the user.
18    It has further been determined by the Surgeon General of
19the United States that the use of tobacco is hazardous to human
20health.
21    The ready availability of smoking herbs to persons under 21
22years of age minors could lead to the use of tobacco and
23illegal drugs.

 

 

10000HB3208ham001- 73 -LRB100 04765 RLC 23037 a

1    It is in the best interests of the citizens of the State of
2Illinois to seek to prohibit the spread of illegal drugs,
3tobacco or smoking materials to persons under 21 years of age
4minors. The prohibition of the sale of tobacco and snuff
5accessories and smoking herbs to persons under 21 years of age
6minors would help to curb the usage of illegal drugs and
7tobacco products, among our youth.
8(Source: P.A. 82-487.)
 
9    (720 ILCS 685/4)  (from Ch. 23, par. 2358-4)
10    Sec. 4. Offenses.
11    (a) Sale to persons under 21 years of age minors. No person
12shall knowingly sell, barter, exchange, deliver or give away or
13cause or permit or procure to be sold, bartered, exchanged,
14delivered, or given away tobacco accessories or smoking herbs
15to any person under 21 18 years of age.
16    (a-5) Sale of bidi cigarettes. No person shall knowingly
17sell, barter, exchange, deliver, or give away a bidi cigarette
18to another person, nor shall a person cause or permit or
19procure a bidi cigarette to be sold, bartered, exchanged,
20delivered, or given away to another person.
21    (b) Sale of cigarette paper. No person shall knowingly
22offer, sell, barter, exchange, deliver or give away cigarette
23paper or cause, permit, or procure cigarette paper to be sold,
24offered, bartered, exchanged, delivered, or given away except
25from premises or an establishment where other tobacco products

 

 

10000HB3208ham001- 74 -LRB100 04765 RLC 23037 a

1are sold. For purposes of this Section, "tobacco products"
2means cigarettes, cigars, smokeless tobacco, or tobacco in any
3of its forms.
4    (b-5) Sale of flavored wrapping paper and wrapping leaf. A
5person shall not knowingly sell, give away, barter, exchange,
6or otherwise furnish to any person any wrapping paper or
7wrapping leaf, however characterized, including, without
8limitation, cigarette papers, blunt wraps, cigar wraps, or
9tubes of paper or leaf, or any similar device, for the purpose
10of making a roll of tobacco or herbs for smoking, that is or is
11held out to be, impregnated, scented, or imbibed with, or aged
12or dipped in, a characterizing flavor, other than tobacco or
13menthol, including, without limitation, alcoholic or liquor
14flavor, or both, chocolate, fruit flavoring, vanilla, peanut
15butter, jelly, or any combination of those flavors or similar
16child attractive scent or flavor.
17    (c) Sale of cigarette paper from vending machines. No
18person shall knowingly offer, sell, barter, exchange, deliver
19or give away cigarette paper or cause, permit, or procure
20cigarette paper to be sold, offered, bartered, exchanged,
21delivered, or given away by use of a vending or coin-operated
22machine or device. For purposes of this Section, "cigarette
23paper" shall not include any paper that is incorporated into a
24product to which a tax stamp must be affixed under the
25Cigarette Tax Act or the Cigarette Use Tax Act.
26    (d) Use of identification cards. No person in the

 

 

10000HB3208ham001- 75 -LRB100 04765 RLC 23037 a

1furtherance or facilitation of obtaining smoking accessories
2and smoking herbs shall display or use a false or forged
3identification card or transfer, alter, or deface an
4identification card.
5    (e) Warning to persons under 21 years of age minors. Any
6person, firm, partnership, company or corporation operating a
7place of business where tobacco accessories and smoking herbs
8are sold or offered for sale shall post in a conspicuous place
9upon the premises a sign upon which there shall be imprinted
10the following statement, "SALE OF TOBACCO ACCESSORIES AND
11SMOKING HERBS TO PERSONS UNDER 21 EIGHTEEN YEARS OF AGE OR THE
12MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED
13BY LAW". The sign shall be printed on a white card in red
14letters at least one-half inch in height.
15(Source: P.A. 97-917, eff. 8-9-12.)".