Illinois General Assembly - Full Text of SB1032
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Full Text of SB1032  93rd General Assembly

SB1032 93rd General Assembly


                                     LRB093 03420 RLC 03440 b

 1        AN ACT in relation to criminal law.

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

 4        Section 5.  The Sale of Tobacco to Minors Act is  amended
 5    by  changing Sections 1 and 2 and adding Sections 0.05, 3, 4,
 6    5, and 6 as follows:

 7        (720 ILCS 675/0.05 new)
 8        Sec. 0.05.  Definitions.  In this Act:
 9        "Retailer" means a person who sells tobacco  products  to
10    individuals  for  personal  consumption  or  who  operates  a
11    facility  containing  vending  machines that dispense tobacco
12    products or self-service displays of tobacco products.
13        "Smokeless tobacco" means any tobacco products  that  are
14    suitable for dipping or chewing.
15        "Tobacco  product" means any substance containing tobacco
16    leaf, including but not limited to cigarettes, cigars, snuff,
17    smoking tobacco, and smokeless tobacco.
18        "Person" means an individual,  firm,  partnership,  joint
19    venture, association, corporation, estate, trust, trustee, or
20    other  group  or  combination  acting  as  a unit, except the
21    United States of America,  the  State  of  Illinois,  or  any
22    political subdivision of the State of Illinois.
23        "Tobacco   product   sample"   means  a  tobacco  product
24    distributed to members of the general public at no cost or at
25    nominal cost for purposes of promoting the product.
26        "Vending machine"  means  a  mechanical,  electronic,  or
27    self-service device that, upon insertion of money, tokens, or
28    any  other  form  of payment, automatically dispenses tobacco
29    products.
30        "Distribute" means to give, sell, deliver,  dispense,  or
31    issue or offer to give, sell, deliver, dispense, or issue, or
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 1    cause  or  hire  any person to give, sell, deliver, dispense,
 2    issue, or offer to give, sell, deliver, dispense, or issue.
 3        "Public place" means any area  to  which  the  public  is
 4    invited or permitted.
 5        "Tavern"  means an enclosed place of business kept, used,
 6    maintained, advertised, or held out to the public as a  place
 7    that primarily serves alcoholic liquor for consumption on the
 8    premises  and in which providing entertainment or the serving
 9    of food is only  incidental  or  secondary  to  the  sale  of
10    alcoholic beverages for immediate consumption.  "Tavern" does
11    not  include  a  restaurant,  catering  hall,  bowling alley,
12    billiard parlor, discotheque, theater, or arena.
13        "Photographic identification" means any officially issued
14    card containing the bearer's date of birth  that  includes  a
15    photograph of a person that is accepted as proof of age under
16    Illinois law.
17        "Point  of  sale"  means  a store, stand, building, boat,
18    vending machine, or any  other  separate  place  of  business
19    maintained  by  a seller from which tobacco products are made
20    available for distribution to  consumers.   "Point  of  sale"
21    does  not include separate cash registers or service counters
22    within a store or other place of business.
23        "Licensee" means a person who  holds  a  tobacco  product
24    retailer's license under this Act.

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

25        (720 ILCS 675/2) (from Ch. 23, par. 2358)
26        Sec. 2.  Any retailer person who violates  any  provision
27    of  this  Act  is guilty of a petty offense and for the first
28    offense  shall  be  fined  $250  $200,  $500  and  a  30  day
29    suspension of that retailer's license  $400  for  the  second
30    offense  in  a  12-month  period,  and  $1,000 and a one year
31    suspension of that retailer's license $600 for the  third  or
32    any subsequent offense in a 12-month period. One-half of each
33    fine collected under this Section shall be distributed to the
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 1    unit  of  local  government or other entity that successfully
 2    prosecuted the offender and one-half shall be remitted to the
 3    State to be used for enforcing this Act. Any person who sells
 4    tobacco products without a license as required by this Act or
 5    after a suspension of a license under this Act is guilty of a
 6    petty offense and shall be fined $500. Each instance in which
 7    a person sells tobacco products without a valid license shall
 8    constitute a separate and distinct violation.
 9    (Source: P.A. 88-418.)

10        (720 ILCS 675/3 new)
11        Sec.  3.  Prohibitions   on   distribution   of   tobacco
12    products.
13        (a)   Each   retailer   shall  request  and  examine  the
14    photographic identification of any person purchasing  tobacco
15    products  to  verify  that  the purchaser is over 18 years of
16    age.  A verification is  not  required  for  any  person  who
17    appears without reasonable doubt to be over 27 years of age.
18        (b)  A  retailer  may  not  break  or  otherwise  open  a
19    cigarette   or   smokeless   tobacco  package  to  distribute
20    individual cigarettes or a number  of  unpackaged  cigarettes
21    that is smaller than the minimum cigarette package size of 20
22    cigarettes  or any quantity of cigarette tobacco or smokeless
23    tobacco that is smaller than the smallest package distributed
24    by the manufacturer for individual consumer use.
25        (c)  A  person  may  not  give  away,  barter,  exchange,
26    distribute or in any  way  dispense  free  of  charge  or  at
27    nominal  cost  any  tobacco  product  samples  or  any coupon
28    redeemable for any tobacco products (i) on any public street,
29    alley,  sidewalk;  (ii)  in  any  public  park,  ground,   or
30    playground;  (iii)  in  any  area  open  to the public in any
31    publicly owned or operated building; or  (iv)  at  any  place
32    located  within  500  feet  of any building or other location
33    used primarily as a school, child care facility, or  for  the
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 1    education or recreation of children under 18 years of age.
 2        (d)  A  retailer  may  not distribute tobacco products at
 3    any place located within 500 feet of any  building  or  other
 4    location  used primarily as a school, child care facility, or
 5    for the education or recreation of children under 18 years of
 6    age.  This prohibition does not apply to any business engaged
 7    in the retail sale of tobacco products from a  location  from
 8    which  it  was selling tobacco products on the effective date
 9    of this amendatory Act of the  93rd  General  Assembly.  This
10    exemption  applies  to  any  new  owner  at the same location
11    providing the same service.

12        (720 ILCS 675/4 new)
13        Sec. 4.  Vending machine signs.
14        (a)  A retailer  of  tobacco  products  shall  place  and
15    maintain,  in  legible  condition,  at  each point of sale of
16    tobacco products to consumers, including the  front  of  each
17    vending machine, a sign stating:
18                              "WARNING
19        It  is  a  violation  of  the law for cigarettes or other
20    tobacco products to be sold to any person under the age of 18
21    years."
22        The sign may not be less than 8 inches by  11  inches  in
23    size,  except  for  a  sign  placed on the front of a vending
24    machine.  The sign for a vending machine may not be less than
25    4 inches by 4 inches in size.  The text of the sign shall  be
26    in red letters at least one inch high on a white background.
27        (b)   The  Department  of  Public  Health  shall issue an
28    adhesive self-voiding license emblem to  be  placed  on  each
29    licensed  tobacco  product  vending  machine.   Each  license
30    emblem  shall  be  coded  to  identify  the  retailer who has
31    control over  each  tobacco  product  vending  machine.   The
32    license emblem shall bear the words "Licensed Tobacco Product
33    Vending  Machine". The license shall designate the period for
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 1    which the license is valid, shall contain a  reproduction  of
 2    the State seal, shall contain a space for a brief description
 3    of  the  name,  style,  and  type  of  vending  machine to be
 4    licensed  and  the  location  of  the  vending   machine.   A
 5    replacement  license  emblem  will  not  be issued unless the
 6    application for the replacement emblem is  accompanied  by  a
 7    police  report  of  the  incident  in  which the emblem to be
 8    replaced  was  lost,  stolen,  or  mutilated  or  unless  the
 9    remnants of the emblem being replaced are submitted with  the
10    replacement application.

11        (720 ILCS 675/5 new)
12        Sec. 5. Licensing of tobacco product retailers.
13        (a)  Beginning  July  1, 2004, a person may not engage in
14    the retail sale of tobacco products  or  operate  a  facility
15    containing  vending  machines  that dispense tobacco products
16    unless the person is authorized to do so by a license  issued
17    under this Act or is an employee or agent of a person who has
18    been  issued  a  license  under this Act.  A separate license
19    must be obtained for each point of  sale  maintained  by  the
20    retailer.  A  license  to  sell  tobacco  products  shall  be
21    displayed  prominently  at  the point of sale for which it is
22    issued.
23        (b)  The Department of Public Health shall administer the
24    licensing of retailers of tobacco products and shall  approve
25    or  deny  all  applications  for licenses and revoke existing
26    licenses under this Act.
27        (c)  An application  for  a  tobacco  retailer's  license
28    shall  be  filed  in  writing  with  the Department of Public
29    Health  on  a  form  provided  by   the   Department.    Each
30    application for a license shall contain the following:
31             (1)  the  applicant's  full  name,  the  address and
32        telephone number where the applicant is  engaged  in  the
33        business  of the retail sale of tobacco products, and the
                            -7-      LRB093 03420 RLC 03440 b
 1        name,  address,  and  telephone  number   of   a   person
 2        authorized to receive notices issued under this Act;
 3             (2)  if   the   applicant   is  a  corporation,  the
 4        corporate name, the address and telephone number  of  its
 5        principal  place  of  business,  the  date  and  state of
 6        incorporation, the names of the corporate  officers,  and
 7        the  name,  address,  and  telephone  number  of a person
 8        authorized to receive notices issued under this Act;
 9             (3)  if the applicant is a  partnership,  the  name,
10        address,  and  telephone number of the principal place of
11        business, the  names  of  all  partners,  and  the  name,
12        address,  and  telephone number of a person authorized to
13        receive notices issued under this Act. Any retailer whose
14        license is  revoked  for  violating  this  Act  shall  be
15        prohibited  from  obtaining  a tobacco retailer's license
16        for one year.
17        (d)  Every retailer's license  shall  be  issued  for  an
18    annual  period beginning January 1 of a given year and ending
19    December 31 of that year.  Each license shall expire  on  the
20    last  day  of  the  license  year  for  which the license was
21    issued.
22        (e)  The annual license fee for a retailer shall be  $125
23    per  license.   If  a licensee operates more than one vending
24    machine at the same premises,  the  licensee  shall  pay  the
25    annual  license  fee  of  $125  for the first vending machine
26    license and $25 for each additional vending machine license.
27        (f)  The transfer of any license issued under this Act is
28    prohibited. Any such purported transfer is void.

29        (720 ILCS 675/6 new)
30        Sec. 6. Severability.  The provisions  of  this  Act  are
31    severable under Section 1.31 of the Statute on Statutes.