Public Act 093-0886
 
HB4302 Enrolled LRB093 18119 RLC 43807 b

    AN ACT in relation to tobacco products.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Display of Tobacco Products Act.
 
    Section 5. Definitions. In this Act:
    "Line of sight" means visible to a cashier or other
employee.
    "Age restricted area" means a signed designated area in a
retail establishment to which minors under 18 years of age are
not permitted access unless accompanied by a parent or legal
guardian.
 
    Section 10. Tobacco product displays. All single packs of
cigarettes must be sold from behind the counter or in an age
restricted area or in a sealed display case. Any other tobacco
products must be sold in line of sight.
    The restrictions described in this Section do not apply to
a retail tobacco store that (i) derives at least 90% of its
revenue from tobacco and tobacco related products; (ii) does
not permit persons under the age of 18 to enter the premises
unless accompanied by a parent or legal guardian; and (iii)
posts a sign on the main entrance way stating that persons
under the age of 18 are prohibited from entering unless
accompanied by a parent or legal guardian.
 
    Section 15. Vending machines. This Act does not prohibit
the sale of tobacco products from vending machines if the
location of the vending machines are in compliance with the
provisions of Section 1 of the Sale of Tobacco to Minors Act.
 
    Section 20. Sentence. A violation of this Act is a petty
offense for which the court shall impose a fine of not less
than $100 nor more than $1,000.
 
    Section 105. The Sale of Tobacco to Minors Act is amended
by changing Section 1 as follows:
 
    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
    Sec. 1. Prohibition on sale of tobacco to minors; vending
machines; lunch wagons.
    (a) No minor under 18 years of age shall buy any cigar,
cigarette, smokeless tobacco or tobacco in any of its forms. No
person shall sell, buy for, distribute samples of or furnish
any cigar, cigarette, smokeless tobacco or tobacco in any of
its forms, to any minor under 18 years of age.
    (a-5) No minor under 16 years of age may sell any cigar,
cigarette, smokeless tobacco, or tobacco in any of its forms at
a retail establishment selling tobacco products. This
subsection does not apply to a sales clerk in a family-owned
business which can prove that the sales clerk is in fact a son
or daughter of the owner.
    For the purpose of this Section, "smokeless tobacco" means
any tobacco products that are suitable for dipping or chewing.
    (b) Tobacco products listed above may be sold through a
vending machine only in the following locations:
        (1) Factories, businesses, offices, private clubs, and
    other places not open to the general public.
        (2) Places to which minors under 18 years of age are
    not permitted access.
        (3) Places where alcoholic beverages are sold and
    consumed on the premises.
        (4) Places where the vending machine is under the
    direct supervision of the owner of the establishment or an
    employee over 18 years of age. The sale of tobacco products
    from a vending machine under direct supervision of the
    owner or an employee of the establishment is considered a
    sale of tobacco products by that person. As used in this
    subdivision, "direct supervision" means that the owner or
    employee has an unimpeded line of sight to the vending
    machine.
        (5) Places where the vending machine can only be
    operated by the owner or an employee over age 18 either
    directly or through a remote control device if the device
    is inaccessible to all customers.
    (c) The sale or distribution at no charge of cigarettes
from a lunch wagon engaging in any sales activity within 1,000
feet of any public or private elementary or secondary school
grounds is prohibited.
    For the purpose of this Section, "lunch wagon" means a
mobile vehicle designed and constructed to transport food and
from which food is sold to the general public.
(Source: P.A. 93-284, eff. 1-1-04.)
 
    Section 999. Effective date. This Act takes effect January
1, 2005.