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90_HB0944
New Act
35 ILCS 130/4 from Ch. 120, par. 453.4
35 ILCS 135/4 from Ch. 120, par. 453.34
235 ILCS 5/3-12 from Ch. 43, par. 108
720 ILCS 675/Act rep.
720 ILCS 680/Act rep.
Creates the Illinois Underage Purchase, Possession and
Sales Prevention Act of 1997. Provides penalties for the
distribution of tobacco to a person under 18 years of age.
Prohibits a person under 18 years from acquiring or
attempting to acquire tobacco. Provides certain training
requirements for retail clerks who sell tobacco. Provides
that no person may sell tobacco through a vending machine
unless certain guidelines concerning who may have access to
the machine are met. Prohibits the sale of tobacco other
than in sealed packages. Requires that tobacco retailers be
licensed. Provides that the Act shall be enforced by the
Liquor Control Commission. Provides various penalties for
various violations of the Act. Provides that a second or
subsequent violation of the prohibition against selling
tobacco products at retail is a Class B misdemeanor.
Preempts home rule. Amends the Cigarette Tax Act. Provides
that part of the fee for a distributor's license under the
Act shall be used to assist the Liquor Control Commission in
enforcing the Illinois Underage Purchase, Possession, and
Sales Prevention Act of 1997. Amends the Cigarette Use Tax
Act. Provides that a portion of the fee for a distributor's
license under the Act shall be used to assist the Liquor
Control Commission in enforcing the Illinois Underage
Purchase, Possession, and Sales Prevention Act of 1997.
Amends the Liquor Control Act of 1934. Removes obsolete
provisions. Provides that the Liquor Control Commission
shall be responsible for issuing licenses to engage in the
retail sale of tobacco products. Repeals the Sale of Tobacco
to Minors Act and the Smokeless Tobacco Limitation Act.
Effective immediately.
LRB9003963LDdv
LRB9003963LDdv
1 AN ACT in relation to tobacco products, creating a new
2 Act, and amending certain named Acts, and repealing certain
3 Acts.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 1. Short title. This Act may be cited as the
7 Illinois Underage Purchase, Possession, and Sales Prevention
8 Act of 1997.
9 Section 5. Definitions. For purposes of this Act:
10 "Distribute" means to give, deliver, sell, furnish, or
11 provide tobacco products, including tobacco product samples,
12 to the ultimate consumer.
13 "Enforcement agency" means the Illinois Liquor Control
14 Commission.
15 "Inspection" means the inspection described in Section
16 1926(b) of the Federal Public Health Service Act (42 U.S.C.
17 300x-26(b)).
18 "Person" means any natural person, company, corporation,
19 firm, partnership, organization, or other legal entity.
20 "Proof of age" means a driver's license or other
21 documentary or written evidence that purports to establish
22 that the person is 18 years of age or older.
23 "Sample" means a tobacco product distributed for members
24 of the general public at no cost for purposes of promoting
25 the product.
26 "Seller" means any person who distributes tobacco
27 products for commercial purposes.
28 "Tobacco product" means any product that contains tobacco
29 and is intended for human consumption.
30 "Vending machine" means any mechanical, electric, or
31 electronic self-service device which, upon insertion of
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1 money, tokens, or any other form of payment, automatically
2 dispenses tobacco products.
3 Section 10. Prohibition of sale or distribution of
4 tobacco products to persons under 18 years of age.
5 (a) No person shall sell, buy for, or distribute any
6 tobacco product to another person who has not attained 18
7 years of age; provided however, that it shall not be unlawful
8 to distribute a tobacco product to any employee when required
9 in the performance of the employee's duties.
10 (b) It shall be an affirmative defense to any action
11 brought pursuant to this Section if the defendant shows any
12 one of the following:
13 (1) That the purchaser or recipient falsely
14 represented that he or she had attained the age of 18;
15 (2) That the purchaser or recipient presented
16 purported proof of age showing that he or she had
17 attained the age of 18;
18 (3) That the appearance of the purchaser or
19 recipient was such that an ordinary and prudent person
20 would believe that the purchaser had attained the age of
21 18; or
22 (4) That the sale was made in good faith and
23 reasonable reliance on the purported proof of age and
24 appearance of the purchaser or recipient in the belief by
25 the seller that the purchaser or recipient had attained
26 the age of 18.
27 (c) A person who distributes tobacco products at retail
28 shall not be convicted of a violation of this Section unless
29 the person under 18 years of age who purchased, attempted to
30 purchase, or possessed tobacco products has been convicted
31 under Section 15, provided such purchase, attempt to
32 purchase, or possession did not occur pursuant to Section 50.
33 (d) Any person with a license under Section 40 and any
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1 employee or agent of such person who violates this Section is
2 guilty of a petty offense and for the first offense shall be
3 fined $200, for the second offense in a 12-month period,
4 $400, and for the third or subsequent offense in a 12-month
5 period, $500. Any other person who sells or distributes
6 tobacco products in violation of this Section is guilty of a
7 petty offense and for the first offense shall be fined $200,
8 for the second offense in a 12-month period, $400, and for
9 the third or subsequent offense in a 12-month period, $500.
10 (e) For purposes of determining the liability of a
11 person controlling franchises or business operations in
12 multiple locations for a second or subsequent violation of
13 this Section, each individual franchise or business location
14 shall be deemed a separate entity.
15 Section 15. Juvenile purchase, possession, and
16 consumption of tobacco.
17 (a) Except as provided in Section 50 of this Act, no
18 person under 18 years of age shall attempt to purchase,
19 purchase, accept receipt of, possess, use, or offer to any
20 person any purported proof of age that is false, fraudulent,
21 or not actually his or her own, for the purpose of purchasing
22 or receiving any tobacco product; provided, however, that it
23 shall not be unlawful for such a person to accept receipt of
24 a tobacco product from an employer when required in the
25 performance of the employee's duties.
26 (b) Any person under 18 years of age who violates this
27 Section shall be guilty of a petty offense and shall be
28 penalized as follows:
29 (1) For the first offense, by a mandatory
30 suspension of his or her Illinois driver's license (or in
31 the case of a person without an Illinois driver's
32 license, a postponement of driver's license application
33 eligibility) for a period not to exceed 60 days.
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1 (2) For a second offense, a $200 fine and a
2 mandatory suspension of his or her Illinois driver's
3 license (or in the case of a person without an Illinois
4 driver's license, a postponement of driver's license
5 application eligibility) for a 90-day period.
6 (3) For a third or subsequent offense, a $500 fine
7 and a mandatory suspension of his or her Illinois
8 driver's license (or in the case of a person without an
9 Illinois driver's license a postponement of driver's
10 license application eligibility) for a 180-day period.
11 In geographic areas in which educational programs
12 addressing the risks of tobacco consumption are available, a
13 court may also require participation in such an educational
14 program.
15 Section 20. Training of retail clerks.
16 (a) Every person engaged in the business of selling
17 tobacco products at retail shall notify each individual
18 employed by that person as a retail sales clerk that State
19 law prohibits the sale or distribution of tobacco products to
20 any person under 18 years of age and out-of-package sales of
21 cigarettes and smokeless tobacco. This notice shall be
22 provided before the individual commences work as a retail
23 sales clerk, or, in the case of an individual employed as a
24 retail sales clerk on the effective date of this Act, within
25 30 days of that date. The individual shall signify that he
26 or she has received the notice required by this Section by
27 signing a form stating as follows:
28 "I understand that State law prohibits the sale or
29 distribution of tobacco products to persons under 18
30 years of age and out-of-package sales of cigarettes and
31 smokeless tobacco products. I promise, as a condition of
32 my employment, to observe this law."
33 Each form signed by such individual shall indicate the date
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1 of signature. The employer shall retain the form signed by
2 each individual employed as a retail sales clerk until 120
3 days after the individual has left the employer's employ.
4 (b) Any employer who fails to comply with the
5 requirements of this Section is guilty of a petty offense and
6 for the first offense shall be fined $200, for the second
7 offense in a 12-month period, $400, and for the third or
8 subsequent offense in a 12-month period, $500. An employer
9 who complies with the requirements o this Section and who has
10 in effect a training program designed to make his or her
11 employees aware of how to comply with the requirements of
12 Section 10 shall not be subject to any civil penalty or
13 suspension, revocation, denial, or nonrenewal of a license by
14 reason of a sale to a person 18 years of age by a retail
15 sales clerk if the sales clerk had not been convicted of a
16 first offense under that Section prior to such sale.
17 Section 25. Signs.
18 (a) On and after the effective date of this Act, every
19 person who sells tobacco products at retail over the counter
20 shall post and maintain in legible condition, a sign stating
21 the following:
22 "STATE LAW STRICTLY PROHIBITS THE SALE OF TOBACCO
23 PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE, THE PURCHASE
24 OF OR ATTEMPT TO PURCHASE SUCH TOBACCO PRODUCTS BY
25 PERSONS UNDER 18 YEARS OF AGE, OR THE OFFERING OF FALSE
26 PROOF OF AGE IN ORDER TO PURCHASE SUCH PRODUCTS."
27 (b) Any person who fails to place and maintain the sign
28 required by this Section 25 is guilty of a petty offense and
29 shall be fined not more than $100.
30 Section 30. Restriction on vending machines.
31 (a) No person shall sell tobacco products through a
32 vending machine unless the vending machine is located:
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1 (1) In an area of factories, businesses, offices,
2 private clubs, and other places not open to the general
3 public;
4 (2) In an area that is open to the public but to
5 which persons under the age of 18 years are denied
6 access;
7 (3) In a place where alcoholic beverages are sold
8 for consumption on the premises;
9 (4) In other places, but only if the machine (i) is
10 under the continuous supervision of the owner or lessee
11 of the premises or an employee thereof, (ii) can be
12 operated only by the activation of an electronic switch
13 by the owner or lessee of the premises or an employee
14 thereof prior to each purchase, and (iii) is inaccessible
15 to the public when the establishment is closed.
16 (b) A person who violates this Section 30 is guilty of a
17 petty offense and shall be fined $200 for the first offense,
18 $400 for the second offense in a 12-month period, and $500
19 for the third or any subsequent offense in a 12-month period.
20 Section 35. Prohibition on distribution of tobacco
21 products other than in sealed packages.
22 (a) No person shall sell cigarettes or smokeless tobacco
23 products other than in an unopened package originating with
24 the manufacturer.
25 (b) A person who violates this Section 35 is guilty of a
26 petty offense and shall be fined $200 for the first offense,
27 $400 for the second offense in a 12-month period, and $500
28 for the third or any subsequent offense in a 12-month period.
29 Section 40. Licensing of tobacco product retailers.
30 (a) No person shall engage in the retail sale of tobacco
31 products over the counter or through any vending machine on
32 or after 180 days after the effective date of this Act,
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1 unless the person is authorized to do so by a license issued
2 pursuant to this Section 40, or is an employee or agent of a
3 person who has been issued a license pursuant to this Section
4 40. For purposes of this Section 40, the person deemed to be
5 engaged in the retail sale of tobacco products through a
6 vending machine shall be the owner of the business
7 establishment where the vending machine is located
8 (b) The annual license fee for the retail sale of
9 tobacco products shall be as follows:
10 (1) Twenty-five dollars for each place of business
11 where tobacco products are sold over the counter at
12 retail. A separate license shall be required for each
13 place of business where tobacco products are sold over
14 the counter at retail.
15 (2) Twenty-five dollars for each vending machine.
16 A separate license shall be required for each vending
17 machine through which tobacco products are sold.
18 (c) Every application for a license under this Section
19 40 shall be made upon a form provided by the Enforcement
20 Agency and shall set forth the name under which the applicant
21 transacts or intends to transact business, the location of
22 the place of business or vending machine for which the
23 license is to be issued, and any other identifying
24 information that the Enforcement Agency may require.
25 (d) Every license issued by the Enforcement Agency
26 pursuant to this Section 40 shall be valid for one year from
27 the date of issuance and shall be renewed upon application
28 except as otherwise provided in this Act. Upon notification
29 of a change of address, if required by the Enforcement
30 Agency, a license shall be reissued for the new address
31 without the filing of a new application.
32 (e) On or before 90 days after the effective date of
33 this Act, the Enforcement Agency shall notify every person in
34 this State who engages in the retail sale of tobacco
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1 products, including retail sale through vending machines, of
2 the license requirements imposed by this Section 40.
3 (f) The Agency shall issue a license or renewal of a
4 license within 30 days of receiving a properly completed
5 application and the applicable license fee. A license or
6 renewal thereof shall not be withheld or denied; provided,
7 however, that (i) no license shall be issued for the sale of
8 tobacco products through a vending machine that dispenses any
9 product in addition to tobacco products, and (ii) no license
10 shall be issued for the sale of tobacco products through a
11 vending machine unless the applicant certifies compliance
12 with the restrictions set forth in Section 30(a) with respect
13 to the machine for which the license is issued. No terms or
14 conditions shall be imposed by any governmental body for the
15 issuance, maintenance, or renewal of a license for the retail
16 sale of tobacco products except as specified in this Section
17 40.
18 (g) Any person who engages in the retail sale of tobacco
19 products without a license as required by this Section 40, or
20 after a license issued pursuant to this Section 40 has been
21 suspended is guilty of a business offense, for which a
22 mandatory $1,000 fine shall be imposed. A person convicted of
23 a second or subsequent violation of this Section 40 is guilty
24 of a Class B misdemeanor. No person shall be liable for more
25 than one violation per day.
26 (h) A license issued under this Section 40 is not
27 assignable and is valid only for the person in whose name it
28 is issued and for the place of business or vending machine
29 designated therein. No license shall be required and no fee
30 shall be specified for the retail sale of tobacco products
31 other than the license required and the fee specified under
32 this Section 40. License fees shall not be raised except by
33 act of the General Assembly.
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1 Section 45. Suspension, revocation, denial, and
2 nonrenewal of licenses.
3 (a) Upon finding that a licensee or an employee or agent
4 of the licensee has been determined by a court of competent
5 jurisdiction to have committed during the license term 3 or
6 more violations of this Act involving the same place of
7 business or vending machine for which the license was issued,
8 the Enforcement Agency shall notify the licensee in writing,
9 served personally or by mail, that any subsequent violation
10 thereof during the license term may result in an
11 administrative action to suspend the license for a period not
12 to exceed 30 days.
13 (b) Upon finding that a further violation has occurred
14 during the license term notwithstanding the notice provided
15 under subsection (a) of this Section 45 involving the same
16 place of business or vending machine for which the license
17 was issued, the Enforcement Agency may initiate an
18 administrative action to suspend the license. No license
19 shall be suspended except after a hearing by the Enforcement
20 Agency with reasonable notice to the licensee served by
21 registered or certified mail with return receipt requested at
22 least 5 days prior to the hearing at the last place of
23 business of the licensee and after an opportunity to appear
24 and defend. Such notice shall specify the time and place of
25 the hearing and the nature of the charges. The findings of
26 the Enforcement Agency shall be predicated upon competent
27 evidence.
28 (c) The Enforcement Agency may initiate an
29 administrative action to revoke a license that previously has
30 been suspended under subsection (b) of this Section 45 if,
31 during the license term, a further violation of this Act is
32 committed involving the same place of business or vending
33 machine for which the license was issued. No license shall
34 be suspended except after a hearing by the Enforcement Agency
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1 with reasonable notice to the licensee served by registered
2 or certified mail with return receipt requested at least 5
3 days prior to the hearings at the last place of business of
4 the licensee and after an opportunity to appear and defend.
5 Such notice shall specify the time and place of the hearing
6 and the nature of the charges. The findings of the
7 Enforcement Agency shall be predicated upon competent
8 evidence.
9 (d) A copy of the order or decision of the Enforcement
10 Agency, in any proceeding before it, certified under the seal
11 of the Enforcement Agency, shall be served upon each party of
12 record to the proceeding before the Enforcement Agency and
13 service upon any attorney of record for any such party shall
14 be deemed service upon such party. Each party appearing
15 before the Enforcement Agency shall enter his or her
16 appearance and indicate to the Enforcement Agency his or her
17 address for the service of a copy of any order, decision, or
18 notice and the mailing of a copy of an order or decision of
19 the Enforcement Agency or of a notice by the Enforcement
20 Agency in the proceeding to that party at his or her address
21 shall be deemed service upon that party. Within 20 days
22 after the service of an order or decision of the Enforcement
23 Agency upon a party to the proceeding, that party may apply
24 for a rehearing with respect to any matter determined by the
25 Enforcement Agency. If a rehearing is granted, the Agency
26 shall hold the rehearing and render a decision within 20 days
27 after the filing of the application for rehearing with the
28 secretary of the Enforcement Agency. The time for holding
29 the rehearing and tendering a decision may be extended for a
30 period not to exceed 30 days, for good cause shown, and by
31 notice in writing to all parties of interest. No action for
32 the judicial review of any decision of the Enforcement Agency
33 shall be allowed unless the party commencing the action has
34 first filed an application for a rehearing and the
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1 Enforcement Agency has acted upon that application. Only one
2 rehearing may be granted by the Enforcement Agency on
3 application of any one party.
4 (e) The Enforcement Agency may refuse to grant or renew
5 a license under this Act to any person determined by a court
6 of competent jurisdiction to have committed more than 3
7 violations of this Act during the year preceding the date on
8 which the license or renewal application was filed with the
9 Enforcement Agency. Before refusing to grant or renew a
10 license under this Act, the Enforcement Agency shall give the
11 applicant an opportunity, at least 14 days after written
12 notice is served, personally or by mail upon the applicant,
13 to show why the denial or nonrenewal would be unwarranted or
14 unjust.
15 (f) A person whose license has been suspended or revoked
16 pursuant to this Act shall pay the Enforcement Agency a fee
17 of $50 for the renewal or reissuance of the license. For
18 purposes of determining the liability of a person controlling
19 franchises or business operations in multiple locations for a
20 second or subsequent violation of this Act, each individual
21 franchise or business location shall be deemed a separate
22 entity.
23 (g) All final administrative decisions of the
24 Enforcement Agency under this Act shall be subject to
25 judicial review pursuant to the provisions of the
26 Administrative Review Law and the rules adopted pursuant to
27 the Administrative Review Law. The term "administrative
28 decision" has the same meaning as in Section 3-101 of the
29 Code of Civil Procedure.
30 Section 50. Unannounced inspections; reporting and
31 compliance.
32 (a) The Enforcement Agency shall enforce this Act in a
33 manner that can reasonably be expected to reduce the extent
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1 to which tobacco products are sold or distributed to persons
2 under 18 years of age, and shall annually conduct random,
3 unannounced inspections at locations where tobacco products
4 are sold or distributed, including vending machines, to
5 ensure compliance with this Act. The Enforcement Agency may
6 enter into contracts with the following law enforcement
7 agencies, if those law enforcement agencies demonstrate a
8 pattern of enforcement of Section 15 of this Act, under which
9 the agencies will be authorized to conduct inspections, and
10 engage in enforcement actions, as provided in this Section:
11 (1) the Illinois State Police;
12 (2) the sheriff of a county; or
13 (3) the head of the police department or police
14 force of any county, city, town, or village.
15 (b) The program of inspections authorized under this
16 Section 50 shall cover a range of licensed establishments
17 that reflects the distribution of the population under 18
18 years of age throughout the State where persons under 18
19 years of age are most likely to attempt to purchase tobacco
20 products. Licensed establishments shall not be selected for
21 inspection on the basis of evidence concerning prior
22 violations. If the Enforcement Agency conducts an inspection
23 at an establishment that does not result in evidence of a
24 violation, the Enforcement Agency shall not conduct another
25 inspection at the same establishment for a period of not less
26 than one year.
27 (c) For purposes of inspections and enforcement actions
28 undertaken pursuant to this Section 50, persons under 18
29 years of age may be enlisted to attempt to purchase or to
30 purchase tobacco products, provided that such persons shall
31 have the prior written consent of a parent or legal guardian,
32 and provided further that such persons shall be directly
33 supervised during the conduct of each inspection or
34 enforcement action by an adult employee of the Enforcement
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1 Agency or by the Illinois State Police, the sheriff of a
2 county, county police department, the head of the police
3 department or police force of any county, city, town, or
4 village, or any officer or employee thereof. No person under
5 18 years of age may misrepresent his or her age for the
6 purpose of purchasing or attempting to purchase tobacco
7 products. If questioned about his or her age during an
8 attempt to purchase or receive tobacco products, a person
9 under 18 years of age shall state his or her true age and
10 that he or she is under 18 years of age. A person under 18
11 years of age shall not be used in any inspection or
12 enforcement action at an establishment in which that person
13 is a regular customer. A photograph or video recording of
14 any person under 18 years of age assisting in an inspection
15 or enforcement action shall be taken prior to and after each
16 inspection or enforcement action, or shift of inspections or
17 enforcement actions, and retained for 2 years. The
18 appearance of a person under 18 years of age participating in
19 an inspection or enforcement action shall not be altered.
20 (d) The owner or an authorized employee of an
21 establishment where an inspection or enforcement action under
22 this Section 50 takes place shall be informed of the results
23 of the inspection or enforcement action not more than 72
24 hours after the inspection or enforcement action is
25 completed. The employee of the department or law enforcement
26 officer who directly supervised an inspection conducted
27 pursuant to this Section shall prepare a written report
28 within 7 days after completion. A copy of that report shall
29 be delivered to the owner of the establishment where the
30 inspection took place within 14 days of completion. The
31 report shall include the name and position of the person who
32 directly supervised the inspection, the age and date of birth
33 of the person under 18 years of age who assisted with the
34 inspection, the date and time of the inspection, a reasonably
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1 detailed description of the inspection, and the result of the
2 inspection. Any use of persons under 18 years of age other
3 than that permitted by this Section 50 to measure compliance
4 with or to enforce Section 10 or any other prohibitions of
5 like or similar import shall be unlawful and the person or
6 persons responsible for such use shall be subject to the
7 penalties prescribed for violation of Section 10.
8 (e) The Enforcement Agency shall compile the results of
9 inspections performed pursuant to this Section 50, and shall
10 prepare an annual report reflecting such results for
11 submission with the State's application for federal block
12 grants for substance abuse prevention and treatment in
13 accordance with the requirements of Section 1926 of the
14 federal Public Health Services Act (42 U.S.C. 300x-26).
15 (f) Failure to comply with any requirement of
16 subsections (a) through (d) of this Section 50 during an
17 inspection or enforcement action shall be an affirmative
18 defense to any action for violation of Section 10 brought as
19 a result of such inspection or enforcement action.
20 Information gathered during an inspection or enforcement
21 action that was conducted in a manner not in accordance with
22 this Section shall not be admitted as evidence in any action
23 and shall not be used in any report, filing, application, or
24 publication prepared by the Enforcement Agency or any other
25 agency of the State, including any report under Section 1926
26 of the federal Public Health Services Act (42 U.S.C.
27 300x-26).
28 (g) The Enforcement Agency shall negotiate annually with
29 the United States Secretary of Health and Human Services
30 interim performance targets and the time frame for achieving
31 the ultimate performance objective as provided in 45 C.F.R.
32 96.130. The Enforcement Agency shall not agree to any
33 interim performance target or any such time frame that is not
34 realistic and attainable, and shall strive consistent with
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1 this Section 50 and with Section 10 to ensure continued
2 federal funding for the State's substance abuse programs.
3 (h) To support inspections and enforcement actions
4 authorized under this Section, the Enforcement Agency may
5 expend funds from the following to the full extent permitted
6 by federal law:
7 (1) The primary prevention set-aside portion of
8 federal block grants for substance abuse prevention and
9 treatment (45 C.F.R. 96.124(b)(1));
10 (2) The Centers for Disease Control's Preventive
11 Health and Health Services Block Grant (42 U.S.C. par.
12 300-w et seq.); and
13 (3) Any other available source of federal funds.
14 Section 55. Offset for enforcement and inspection.
15 License fees and penalties collected pursuant to this Act
16 shall be distributed to the Enforcement Agency for the
17 administration and enforcement of this Act.
18 Section 60. Preemption.
19 (a) Except as provided in subsection (b) of this
20 Section, a home rule or non-home rule unit of local
21 government in this State shall not have the power or
22 authority to enact or enforce any laws, ordinances, rules, or
23 regulations concerning the sale, distribution, display, use,
24 advertising or promotion of tobacco products. Except as
25 provided in subsection (b) of this Section, the power and
26 authority to regulate the sale, distribution, display, use
27 advertising, and promotion of tobacco products is an
28 exclusive State power or function. This Act is a denial and
29 limitation of home rule powers and functions under subsection
30 (h) of Section 6 of Article VII of the Illinois Constitution.
31 (b) Subsection (a) shall not preclude a home rule or
32 non-home rule unit from continuing to require a license or
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1 permit as a condition of selling tobacco products pursuant to
2 an ordinance enacted prior to the effective date of this Act
3 for the sole purpose of collecting the license or permit fee;
4 provided, that the fee imposed to obtain such permit or
5 license may not exceed the fee in effect on the effective
6 date of this Act.
7 Section 150. The Cigarette Tax Act is amended by
8 changing Section 4 as follows:
9 (35 ILCS 130/4) (from Ch. 120, par. 453.4)
10 Sec. 4. No person may engage in business as a distributor
11 of cigarettes in this State within the meaning of the first 2
12 definitions of distributor in Section 1 of this Act without
13 first having obtained a license therefor from the Department.
14 Application for license shall be made to the Department in
15 form as furnished and prescribed by the Department. Each
16 applicant for a license under this Section shall furnish to
17 the Department on the form signed and verified by the
18 applicant the following information:
19 (a) The name and address of the applicant;
20 (b) The address of the location at which the applicant
21 proposes to engage in business as a distributor of cigarettes
22 in this State;
23 (c) Such other additional information as the Department
24 may lawfully require by its rules and regulations.
25 The annual license fee payable to the Department for each
26 distributor's license shall be $250. The purpose of such
27 annual license fee is to defray the cost, to the Department,
28 of coding, serializing or coding and serializing, cigarette
29 tax stamps, and to assist the Enforcement Agency defined in
30 Section 5 of the Illinois Underage Purchase, Possession, and
31 Sales Prevention Act of 1997 with costs associated with the
32 enforcement of that Act. Each applicant for license shall pay
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1 such fee to the Department at the time of submitting his
2 application for license to the Department. Such fee shall be
3 divided equally between the Department and the Enforcement
4 Agency defined in Section 5 of the Illinois Underage
5 Purchase, Possession, and Sales Prevention Act of 1997. The
6 portion allocable to the Enforcement Agency shall be
7 transferred by the Department to the Enforcement Agency.
8 Every applicant who is required to procure a
9 distributor's license shall file with his application a joint
10 and several bond. Such bond shall be executed to the
11 Department of Revenue, with good and sufficient surety or
12 sureties residing or licensed to do business within the State
13 of Illinois, in the amount of $2,500, conditioned upon the
14 true and faithful compliance by the licensee with all of the
15 provisions of this Act. Such bond, or a reissue thereof, or a
16 substitute therefor, shall be kept in effect during the
17 entire period covered by the license. A separate application
18 for license shall be made, a separate annual license fee
19 paid, and a separate bond filed, for each place of business
20 at which a person who is required to procure a distributor's
21 license under this Section proposes to engage in business as
22 a distributor in Illinois under this Act.
23 The following are ineligible to receive a distributor's
24 license under this Act:
25 (1) a person who is not of good character and reputation
26 in the community in which he resides;
27 (2) a person who has been convicted of a felony under
28 any Federal or State law, if the Department, after
29 investigation and a hearing, if requested by the applicant,
30 determines that such person has not been sufficiently
31 rehabilitated to warrant the public trust;
32 (3) a corporation, if any officer, manager or director
33 thereof, or any stockholder or stockholders owning in the
34 aggregate more than 5% of the stock of such corporation,
-18- LRB9003963LDdv
1 would not be eligible to receive a license under this Act for
2 any reason;
3 (4) a person previously licensed as a distributor or
4 wholesaler who has been convicted of a second offense under
5 Section 35 of the Illinois Underage Purchase, Possession, and
6 Sales Prevention Act of 1997.
7 The Department, upon receipt of an application, license
8 fee and bond in proper form, from a person who is eligible to
9 receive a distributor's license under this Act, shall issue
10 to such applicant a license in form as prescribed by the
11 Department, which license shall permit the applicant to which
12 it is issued to engage in business as a distributor at the
13 place shown in his application. All licenses issued by the
14 Department under this Act shall be valid for not to exceed
15 one year after issuance unless sooner revoked, canceled or
16 suspended as provided in this Act. No license issued under
17 this Act is transferable or assignable. Such license shall be
18 conspicuously displayed in the place of business conducted by
19 the licensee in Illinois under such license.
20 (Source: P.A. 78-255.)
21 Section 160. The Cigarette Use Tax Act is amended by
22 changing Section 4 as follows:
23 (35 ILCS 135/4) (from Ch. 120, par. 453.34)
24 Sec. 4. A distributor maintaining a place of business in
25 this State, if required to procure a license or allowed to
26 obtain a permit as a distributor under the Cigarette Tax Act,
27 need not obtain an additional license or permit under this
28 Act, but shall be deemed to be sufficiently licensed or
29 registered by virtue of his being licensed or registered
30 under the Cigarette Tax Act.
31 Every distributor maintaining a place of business in this
32 State, if not required to procure a license or allowed to
-19- LRB9003963LDdv
1 obtain a permit as a distributor under the Cigarette Tax Act,
2 shall make a verified application to the Department (upon a
3 form prescribed and furnished by the Department) for a
4 license to act as a distributor under this Act. In completing
5 such application, the applicant shall furnish such
6 information as the Department may reasonably require.
7 The annual license fee payable to the Department for each
8 distributor's license shall be $250. The purpose of such
9 annual license fee is to defray the cost, to the Department,
10 of coding, serializing, or coding and serializing cigarette
11 tax stamps, and to assist the Enforcement Agency defined in
12 Section 5 of the Illinois Underage Purchase, Possession, and
13 Sales Prevention Act of 1997 with costs associated with the
14 enforcement of that Act. The applicant for license shall pay
15 such fee to the Department at the time of submitting the
16 application for license to the Department. Such fee shall be
17 divided equally between the Department and the Enforcement
18 Agency defined in Section 5 of the Illinois Underage
19 Purchase, Possession, and Sales Prevention Act of 1997. The
20 portion allocable to the Enforcement Agency shall be
21 transferred by the Department to the Enforcement Agency.
22 Such applicant shall file, with his application, a joint
23 and several bond. Such bond shall be executed to the
24 Department of Revenue, with good and sufficient surety or
25 sureties residing or licensed to do business within the State
26 of Illinois, in the amount of $2,500, conditioned upon the
27 true and faithful compliance by the licensee with all of the
28 provisions of this Act. Such bond, or a reissue thereof, or a
29 substitute therefor, shall be kept in effect during the
30 entire period covered by the license. A separate application
31 for license shall be made, a separate annual license fee
32 paid, and a separate bond filed, for each place of business
33 at or from which the applicant proposes to act as a
34 distributor under this Act and for which the applicant is not
-20- LRB9003963LDdv
1 required to procure a license or allowed to obtain a permit
2 as a distributor under the Cigarette Tax Act.
3 The following are ineligible to receive a distributor's
4 license under this Act:
5 (1) a person who is not of good character and reputation
6 in the community in which he resides;
7 (2) a person who has been convicted of a felony under
8 any Federal or State law, if the Department, after
9 investigation and a hearing, if requested by the applicant,
10 determines that such person has not been sufficiently
11 rehabilitated to warrant the public trust;
12 (3) a corporation, if any officer, manager or director
13 thereof, or any stockholder or stockholders owning in the
14 aggregate more than 5% of the stock of such corporation,
15 would not be eligible to receive a license hereunder for any
16 reason;
17 (4) a person previously licensed as a distributor or
18 wholesaler who has been convicted of a second offense under
19 Section 35 of the Illinois Underage Purchase, Possession, and
20 Sales Prevention Act of 1997.
21 Upon approval of such application and bond and payment of
22 the required annual license fee, the Department shall issue a
23 license to the applicant. Such license shall permit the
24 applicant to engage in business as a distributor at or from
25 the place shown in his application. All licenses issued by
26 the Department under this Act shall be valid for not to
27 exceed one year after issuance unless sooner revoked,
28 canceled or suspended as in this Act provided. No license
29 issued under this Act is transferable or assignable. Such
30 license shall be conspicuously displayed at the place of
31 business for which it is issued.
32 (Source: P.A. 78-255.)
33 Section 180. The Liquor Control Act of 1934 is amended
-21- LRB9003963LDdv
1 by changing Section 3-12 as follows:
2 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
3 (Text of Section before amendment by P.A. 89-507)
4 Sec. 3-12. The State commission shall have the following
5 powers, functions and duties:
6 (1) To receive applications and to issue licenses to
7 manufacturers, foreign importers, importing distributors,
8 distributors, non-resident dealers, on premise consumption
9 retailers, off premise sale retailers, special event retailer
10 licensees, special use permit licenses, auction liquor
11 licenses, brew pubs, caterer retailers, non-beverage users,
12 railroads, including owners and lessees of sleeping, dining
13 and cafe cars, airplanes and boats, in accordance with the
14 provisions of this Act, and to suspend or revoke such
15 licenses upon the State commission's determination, upon
16 notice after hearing, that a licensee has violated any
17 provision of this Act or any rule or regulation issued
18 pursuant thereto and in effect for 30 days prior to such
19 violation.
20 In lieu of suspending or revoking a license, the
21 commission may impose a fine, upon the State commission's
22 determination and notice after hearing, that a licensee has
23 violated any provision of this Act or any rule or regulation
24 issued pursuant thereto and in effect for 30 days prior to
25 such violation. The fine imposed under this paragraph may
26 not exceed $500 for each violation. Each day that the
27 activity, which gave rise to the original fine, continues is
28 a separate violation. The maximum fine that may be levied
29 against any licensee, for the period of the license, shall
30 not exceed $20,000.
31 (2) To adopt such rules and regulations consistent with
32 the provisions of this Act which shall be necessary to carry
33 on its functions and duties to the end that the health,
-22- LRB9003963LDdv
1 safety and welfare of the People of the State of Illinois
2 shall be protected and temperance in the consumption of
3 alcoholic liquors shall be fostered and promoted and to
4 distribute copies of such rules and regulations to all
5 licensees affected thereby.
6 (3) To call upon other administrative departments of the
7 State, county and municipal governments, county and city
8 police departments and upon prosecuting officers for such
9 information and assistance as it deems necessary in the
10 performance of its duties.
11 (4) To recommend to local commissioners rules and
12 regulations, not inconsistent with the law, for the
13 distribution and sale of alcoholic liquors throughout the
14 State.
15 (5) To inspect, or cause to be inspected, any premises
16 where alcoholic liquors are manufactured, distributed or
17 sold.
18 (6) To hear and determine appeals from orders of a local
19 commission in accordance with the provisions of this Act, as
20 hereinafter set forth. Hearings under this subsection shall
21 be held in Springfield or Chicago, at whichever location is
22 the more convenient for the majority of persons who are
23 parties to the hearing.
24 (7) The commission shall establish uniform systems of
25 accounts to be kept by all retail licensees having more than
26 4 employees, and for this purpose the commission may classify
27 all retail licensees having more than 4 employees and
28 establish a uniform system of accounts for each class and
29 prescribe the manner in which such accounts shall be kept.
30 The commission may also prescribe the forms of accounts to be
31 kept by all retail licensees having more than 4 employees,
32 including but not limited to accounts of earnings and
33 expenses and any distribution, payment, or other distribution
34 of earnings or assets, and any other forms, records and
-23- LRB9003963LDdv
1 memoranda which in the judgment of the commission may be
2 necessary or appropriate to carry out any of the provisions
3 of this Act, including but not limited to such forms, records
4 and memoranda as will readily and accurately disclose at all
5 times the beneficial ownership of such retail licensed
6 business. The accounts, forms, records and memoranda shall
7 be available at all reasonable times for inspection by
8 authorized representatives of the State commission or by any
9 local liquor control commissioner or his or her authorized
10 representative. The commission, may, from time to time,
11 alter, amend or repeal, in whole or in part, any uniform
12 system of accounts, or the form and manner of keeping
13 accounts.
14 (8) In the conduct of any hearing authorized to be held
15 by the commission, to examine, or cause to be examined, under
16 oath, any licensee, and to examine or cause to be examined
17 the books and records of such licensee; to hear testimony and
18 take proof material for its information in the discharge of
19 its duties hereunder; to administer or cause to be
20 administered oaths; and for any such purpose to issue
21 subpoena or subpoenas to require the attendance of witnesses
22 and the production of books, which shall be effective in any
23 part of this State.
24 Any Circuit Court may by order duly entered, require the
25 attendance of witnesses and the production of relevant books
26 subpoenaed by the State commission and the court may compel
27 obedience to its order by proceedings for contempt.
28 (9) To investigate the administration of laws in
29 relation to alcoholic liquors in this and other states and
30 any foreign countries, and to recommend from time to time to
31 the Governor and through him or her to the legislature of
32 this State, such amendments to this Act, if any, as it may
33 think desirable and as will serve to further the general
34 broad purposes contained in Section 1-2 hereof.
-24- LRB9003963LDdv
1 (10) To adopt such rules and regulations consistent with
2 the provisions of this Act which shall be necessary for the
3 control, sale or disposition of alcoholic liquor damaged as a
4 result of an accident, wreck, flood, fire or other similar
5 occurrence.
6 (11) To develop industry educational programs related to
7 responsible serving and selling, particularly in the areas of
8 overserving consumers and illegal underage purchasing and
9 consumption of alcoholic beverages.
10 (12) To develop and maintain a repository of license and
11 regulatory information.
12 (13) (Blank). On or before January 15, 1994, the
13 Commission shall issue a written report to the Governor and
14 General Assembly that is to be based on a comprehensive study
15 of the impact on and implications for the State of Illinois
16 of Section 1926 of the Federal ADAMHA Reorganization Act of
17 1992 (Public Law 102-321). This study shall address the
18 extent to which Illinois currently complies with the
19 provisions of P.L. 102-321 and the rules promulgated pursuant
20 thereto.
21 As part of its report, the Commission shall provide the
22 following essential information:
23 (i) the number of retail distributors of tobacco
24 products, by type and geographic area, in the State;
25 (ii) the number of reported citations and
26 successful convictions, categorized by type and location
27 of retail distributor, for violation of the Sale of
28 Tobacco to Minors Act and the Smokeless Tobacco
29 Limitation Act;
30 (iii) the extent and nature of organized
31 educational and governmental activities that are intended
32 to promote, encourage or otherwise secure compliance with
33 any Illinois laws that prohibit the sale or distribution
34 of tobacco products to minors; and
-25- LRB9003963LDdv
1 (iv) the level of access and availability of
2 tobacco products to individuals under the age of 18.
3 To obtain the data necessary to comply with the
4 provisions of P.L. 102-321 and the requirements of this
5 report, the Commission shall conduct random, unannounced
6 inspections of a geographically and scientifically
7 representative sample of the State's retail tobacco
8 distributors.
9 The Commission shall consult with the Department of
10 Public Health, the Department of Alcoholism and Substance
11 Abuse, the Illinois State Police and any other executive
12 branch agency, and private organizations that may have
13 information relevant to this report.
14 (14) The Commission shall receive and issue licenses to
15 persons engaged in the retail sales of tobacco products over
16 the counter or through any vending machine, as specified in
17 Section 40 of the Illinois Underage Purchase, Possession, and
18 Sales Prevention Act of 1997. The Commission shall enforce
19 the Illinois Underage Purchase Possession, and Sales
20 Prevention Act of 1997, conduct the inspections described in
21 Section 50 of that Act, and submit the report required by
22 Section 1926 of the federal Public Health Service Act (42
23 U.S.C. 300x-26). The Commission shall not promulgate any
24 rules with respect to the Illinois Underage Purchase,
25 Possession, and Sales Prevention Act of 1997.
26 Notwithstanding any other provision of this Act, and except
27 as specifically provided in Sections 40 and 45 of the
28 Illinois Underage Purchase, Possession, and Sales Prevention
29 Act of 1997, the Commission shall not exercise any authority
30 with respect to the licensing of sellers of tobacco products,
31 the sale or distribution of such products, or the inspection
32 of establishments that sell such products at retail.
33 (Source: P.A. 88-91; 88-418; 88-670, eff. 12-2-94.)
34 (Text of Section after amendment by P.A. 89-507)
-26- LRB9003963LDdv
1 Sec. 3-12. The State commission shall have the following
2 powers, functions and duties:
3 (1) To receive applications and to issue licenses to
4 manufacturers, foreign importers, importing distributors,
5 distributors, non-resident dealers, on premise consumption
6 retailers, off premise sale retailers, special event retailer
7 licensees, special use permit licenses, auction liquor
8 licenses, brew pubs, caterer retailers, non-beverage users,
9 railroads, including owners and lessees of sleeping, dining
10 and cafe cars, airplanes and boats, in accordance with the
11 provisions of this Act, and to suspend or revoke such
12 licenses upon the State commission's determination, upon
13 notice after hearing, that a licensee has violated any
14 provision of this Act or any rule or regulation issued
15 pursuant thereto and in effect for 30 days prior to such
16 violation.
17 In lieu of suspending or revoking a license, the
18 commission may impose a fine, upon the State commission's
19 determination and notice after hearing, that a licensee has
20 violated any provision of this Act or any rule or regulation
21 issued pursuant thereto and in effect for 30 days prior to
22 such violation. The fine imposed under this paragraph may
23 not exceed $500 for each violation. Each day that the
24 activity, which gave rise to the original fine, continues is
25 a separate violation. The maximum fine that may be levied
26 against any licensee, for the period of the license, shall
27 not exceed $20,000.
28 (2) To adopt such rules and regulations consistent with
29 the provisions of this Act which shall be necessary to carry
30 on its functions and duties to the end that the health,
31 safety and welfare of the People of the State of Illinois
32 shall be protected and temperance in the consumption of
33 alcoholic liquors shall be fostered and promoted and to
34 distribute copies of such rules and regulations to all
-27- LRB9003963LDdv
1 licensees affected thereby.
2 (3) To call upon other administrative departments of the
3 State, county and municipal governments, county and city
4 police departments and upon prosecuting officers for such
5 information and assistance as it deems necessary in the
6 performance of its duties.
7 (4) To recommend to local commissioners rules and
8 regulations, not inconsistent with the law, for the
9 distribution and sale of alcoholic liquors throughout the
10 State.
11 (5) To inspect, or cause to be inspected, any premises
12 where alcoholic liquors are manufactured, distributed or
13 sold.
14 (6) To hear and determine appeals from orders of a local
15 commission in accordance with the provisions of this Act, as
16 hereinafter set forth. Hearings under this subsection shall
17 be held in Springfield or Chicago, at whichever location is
18 the more convenient for the majority of persons who are
19 parties to the hearing.
20 (7) The commission shall establish uniform systems of
21 accounts to be kept by all retail licensees having more than
22 4 employees, and for this purpose the commission may classify
23 all retail licensees having more than 4 employees and
24 establish a uniform system of accounts for each class and
25 prescribe the manner in which such accounts shall be kept.
26 The commission may also prescribe the forms of accounts to be
27 kept by all retail licensees having more than 4 employees,
28 including but not limited to accounts of earnings and
29 expenses and any distribution, payment, or other distribution
30 of earnings or assets, and any other forms, records and
31 memoranda which in the judgment of the commission may be
32 necessary or appropriate to carry out any of the provisions
33 of this Act, including but not limited to such forms, records
34 and memoranda as will readily and accurately disclose at all
-28- LRB9003963LDdv
1 times the beneficial ownership of such retail licensed
2 business. The accounts, forms, records and memoranda shall
3 be available at all reasonable times for inspection by
4 authorized representatives of the State commission or by any
5 local liquor control commissioner or his or her authorized
6 representative. The commission, may, from time to time,
7 alter, amend or repeal, in whole or in part, any uniform
8 system of accounts, or the form and manner of keeping
9 accounts.
10 (8) In the conduct of any hearing authorized to be held
11 by the commission, to examine, or cause to be examined, under
12 oath, any licensee, and to examine or cause to be examined
13 the books and records of such licensee; to hear testimony and
14 take proof material for its information in the discharge of
15 its duties hereunder; to administer or cause to be
16 administered oaths; and for any such purpose to issue
17 subpoena or subpoenas to require the attendance of witnesses
18 and the production of books, which shall be effective in any
19 part of this State.
20 Any Circuit Court may by order duly entered, require the
21 attendance of witnesses and the production of relevant books
22 subpoenaed by the State commission and the court may compel
23 obedience to its order by proceedings for contempt.
24 (9) To investigate the administration of laws in
25 relation to alcoholic liquors in this and other states and
26 any foreign countries, and to recommend from time to time to
27 the Governor and through him or her to the legislature of
28 this State, such amendments to this Act, if any, as it may
29 think desirable and as will serve to further the general
30 broad purposes contained in Section 1-2 hereof.
31 (10) To adopt such rules and regulations consistent with
32 the provisions of this Act which shall be necessary for the
33 control, sale or disposition of alcoholic liquor damaged as a
34 result of an accident, wreck, flood, fire or other similar
-29- LRB9003963LDdv
1 occurrence.
2 (11) To develop industry educational programs related to
3 responsible serving and selling, particularly in the areas of
4 overserving consumers and illegal underage purchasing and
5 consumption of alcoholic beverages.
6 (12) To develop and maintain a repository of license and
7 regulatory information.
8 (13) (Blank). On or before January 15, 1994, the
9 Commission shall issue a written report to the Governor and
10 General Assembly that is to be based on a comprehensive study
11 of the impact on and implications for the State of Illinois
12 of Section 1926 of the Federal ADAMHA Reorganization Act of
13 1992 (Public Law 102-321). This study shall address the
14 extent to which Illinois currently complies with the
15 provisions of P.L. 102-321 and the rules promulgated pursuant
16 thereto.
17 As part of its report, the Commission shall provide the
18 following essential information:
19 (i) the number of retail distributors of tobacco
20 products, by type and geographic area, in the State;
21 (ii) the number of reported citations and
22 successful convictions, categorized by type and location
23 of retail distributor, for violation of the Sale of
24 Tobacco to Minors Act and the Smokeless Tobacco
25 Limitation Act;
26 (iii) the extent and nature of organized
27 educational and governmental activities that are intended
28 to promote, encourage or otherwise secure compliance with
29 any Illinois laws that prohibit the sale or distribution
30 of tobacco products to minors; and
31 (iv) the level of access and availability of
32 tobacco products to individuals under the age of 18.
33 To obtain the data necessary to comply with the
34 provisions of P.L. 102-321 and the requirements of this
-30- LRB9003963LDdv
1 report, the Commission shall conduct random, unannounced
2 inspections of a geographically and scientifically
3 representative sample of the State's retail tobacco
4 distributors.
5 The Commission shall consult with the Department of
6 Public Health, the Department of Human Services, the Illinois
7 State Police and any other executive branch agency, and
8 private organizations that may have information relevant to
9 this report.
10 (14) The Commission shall receive and issue licenses to
11 persons engaged in the retail sales of tobacco products over
12 the counter or through any vending machine, as specified in
13 Section 40 of the Illinois Underage Purchase, Possession, and
14 Sales Prevention Act of 1997. The Commission shall enforce
15 the Illinois Underage Purchase Possession, and Sales
16 Prevention Act of 1997, conduct the inspections described in
17 Section 50 of such Act, and submit the report required by
18 Section 1926 of the federal Public Health Service Act (42
19 U.S.C. 300x-26). The Commission shall not promulgate any
20 rules with respect to the Illinois Underage Purchase,
21 Possession, and Sales Prevention Act of 1997.
22 Notwithstanding any other provision of this Act, and except
23 as specifically provided in Sections 40 and 45 of the
24 Illinois Underage Purchase, Possession, and Sales Prevention
25 Act of 1997, the Commission shall not exercise any authority
26 with respect to the licensing of sellers of tobacco products,
27 the sale or distribution of such products, or the inspection
28 of establishments that sell such products at retail.
29 (Source: P.A. 88-91; 88-418; 88-670, eff. 12-2-94; 89-507,
30 eff. 7-1-97.)
31 (720 ILCS 675/Act rep.)
32 Section 300. The Sale of Tobacco to Minors Act is
33 repealed.
-31- LRB9003963LDdv
1 (720 ILCS 680/Act rep.)
2 Section 400. The Smokeless Tobacco Limitation Act is
3 repealed.
4 Section 995. No acceleration or delay. Where this Act
5 makes changes in a statute that is represented in this Act by
6 text that is not yet or no longer in effect (for example, a
7 Section represented by multiple versions), the use of that
8 text does not accelerate or delay the taking effect of (i)
9 the changes made by this Act or (ii) provisions derived from
10 any other Public Act.
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.