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HomeMy WebLinkAboutG13-80 Ordinance No. G13-80 AN ORDINANCE PROHIBITING THE SALE OF SMOKING MATERIALS TO MINORS WHEREAS, it is recognized that smoking tobacco and other smoking material, including marajuana, may be injurious to the health of the smoker; and WHEREAS, it is in the best interests of the residents of the City of Elgin to discourage the spread of smoking of tobacco and other smoking materials by minors, for their general welfare, and to discourage the development of the smoking habit in minors; and WHEREAS, the prohibition of the sale of cigarettes, cigars, smoking papers, pipes of all types, and other loose tobacco and smoking herbs to minors would further the prevention of the spread of smoking by minors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 10.20 of the Elgin Municipal Code, 1976, as amended, entitled "Drug Paraphernalia" be and is hereby repealed. Section 2. That there is hereby added to the Elgin Municipal Code, 1976, as amended, the following: "10.20 Sale or Delivery of Smoking Materials 10.20.010 That the sale, barter, gift or exchange of all cigarettes, cigars, smoking papers, pipes of all types, pipe and other loose tobacco and smoking herbs to minors is hereby prohibited and declared unlawful. 10.20.020 If any person contemplating the sale or furnishing of smoking materials believes or has reason to believe that a sale or delivery of smoking materials is prohibited because of the non- age of the prospective recipient, he shall before making such sale or delivery, demand presentation of some form of positive identifica- tion, containing proof of age, issued by a public officer in the performance of his official duties. No person shall transfer, alter or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information. 10.20.030 Every person engaged in the business of selling smoking materials shall display at all times in a prominent place in his place of business a printed card, which shall be issued by the City of Elgin and which shall read substantially as follows: 'WARNING TO MINORS. You are subject to a fine up to $500.00 under An Ordinance Prohibiting the Sale of Smoking Materials to Minors, Ordinance Number G13-80 of the City of Elgin if you purchase smoking materials or misrepresent your age for the purpose of purchasing or obtaining'smoking materials. ' 10.20.040 A minor child is defined as a person who has not yet attained the age of eighteen years of age. 10.20.050 Any person violating the provisions of this section shall be subject to a fine of not less than $100.00 nor more than $500.00." Section 3. That this ordinance shall be published in pamphlet form by authority of the City Council and shall be in full force and effect ten days after such publication. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 22, 1980 Passed: January 22, 1980 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk Alk