Full Text of SB2825 95th General Assembly
SB2825 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2825
Introduced 2/15/2008, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED: |
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720 ILCS 675/1 |
from Ch. 23, par. 2357 |
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Amends the Sale of Tobacco to Minors Act. Provides that a minor under 18 years of age in the furtherance or facilitation of obtaining any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms shall not display or use a false or forged identification card or transfer, alter, or deface an identification card. Provides that tobacco products may be sold through a vending machine only if such tobacco products are not placed together with any non-tobacco product, other than matches, in the vending machine. Provides that the sale or distribution by any person of a tobacco product, including but not limited to a single or loose cigarette, that is not contained within a sealed container, pack, or package as provided by the manufacturer, which container, pack, or package bears the health warning required by federal law, is prohibited. Eliminates provisions that permit tobacco vending machines in: (1) factories, businesses, offices, private clubs, and other places not open to the general public; (2) places where alcoholic beverages are sold and consumed on the premises; and (3) places where the vending machine is under the direct supervision of the owner of the establishment or an employee over 18 years of age.
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A BILL FOR
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SB2825 |
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LRB095 20011 RLC 46447 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sale of Tobacco to Minors Act is amended by | 5 |
| changing Section 1 as follows:
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| (720 ILCS 675/1) (from Ch. 23, par. 2357)
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| Sec. 1. Prohibition on sale of tobacco to minors; use of | 8 |
| identification cards; vending machines; lunch
wagons ; | 9 |
| out-of-package sales .
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| (a) No minor under 18 years of age shall buy any cigar,
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| cigarette,
smokeless tobacco or tobacco in any of its forms. No | 12 |
| person shall sell, buy
for, distribute samples of or furnish | 13 |
| any cigar, cigarette, smokeless tobacco
or tobacco in any of | 14 |
| its forms, to any minor under 18 years of age. | 15 |
| (a-5) No minor under 16 years of
age may sell any cigar, | 16 |
| cigarette, smokeless tobacco, or tobacco in any of its
forms at | 17 |
| a retail
establishment selling tobacco products. This | 18 |
| subsection does not apply
to a sales clerk in a family-owned | 19 |
| business which can prove that the sales
clerk
is in fact a son | 20 |
| or daughter of the owner.
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| (a-6) No minor under 18 years of age in the furtherance or | 22 |
| facilitation of obtaining any cigar, cigarette, smokeless | 23 |
| tobacco, or tobacco in any of its forms shall display or use a |
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SB2825 |
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LRB095 20011 RLC 46447 b |
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| false or forged identification card or transfer, alter, or | 2 |
| deface an identification card.
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| For the purpose of this Section, "smokeless tobacco" means | 4 |
| any tobacco
products that are suitable for dipping or chewing.
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| (b) Tobacco products listed above may be sold through a | 6 |
| vending machine
only if such tobacco products are not placed | 7 |
| together with any non-tobacco product, other than matches, in | 8 |
| the vending machine and the vending machine is in
any of the | 9 |
| following locations:
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| (1) Factories, businesses, offices, private clubs, and | 11 |
| other places not
open to the general public.
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| (1)
(2) Places to which minors under 18 years of age | 13 |
| are not permitted access.
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| (3) Places where alcoholic beverages are sold and | 15 |
| consumed on the
premises.
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| (4) Places where the vending machine is under the | 17 |
| direct supervision of
the owner of the establishment or an | 18 |
| employee over 18 years of age. The sale
of tobacco products | 19 |
| from a vending machine under direct supervision of the
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| owner or an employee of the establishment is considered a | 21 |
| sale of tobacco
products by that person. As used in this | 22 |
| subdivision, "direct supervision"
means that the owner or | 23 |
| employee has an unimpeded line of sight to the vending
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| machine.
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| (2)
(5) Places where the vending machine can only be | 26 |
| operated by the owner or
an employee over age 18 either |
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SB2825 |
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LRB095 20011 RLC 46447 b |
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| directly or through a remote control device if
the device | 2 |
| is inaccessible to all customers.
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| (c) The sale or distribution at no charge of cigarettes | 4 |
| from a lunch wagon
engaging in any sales activity within 1,000 | 5 |
| feet of any public or private
elementary or secondary school | 6 |
| grounds is prohibited.
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| For the purpose of this Section, "lunch wagon" means a | 8 |
| mobile vehicle
designed and constructed to transport food and | 9 |
| from which food is sold to the
general public. | 10 |
| (d) The sale or distribution by any person of a tobacco | 11 |
| product listed above, including but not limited to a single or | 12 |
| loose cigarette, that is not contained within a sealed | 13 |
| container, pack, or package as provided by the manufacturer, | 14 |
| which container, pack, or package bears the health warning | 15 |
| required by federal law, is prohibited.
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| (Source: P.A. 93-284, eff. 1-1-04; 93-886, eff. 1-1-05.)
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