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HomeMy WebLinkAboutG67-01 CITY OF ELGIN ORDINANCE NO. G67-01 AN ORDINANCE AMENDING CHAPTER 6.72 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED "TOBACCO DEALERS" PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 12TH DAY OF SEPTEMBER 2001 r Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 14th day of September 2001. r . . . STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on September 12, 2001, the Corporate Authorities of such municipality passed and approved Ordinance No. G67-01, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G67-01, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on September 14, 2001, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on September 14, 2001. 11• n1-€ C: , Municipal Clerk (SEAL) r Ordinance No. G67-01 AN ORDINANCE AMENDING CHAPTER 6 . 72 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED "TOBACCO DEALERS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 6 . 72 of the Elgin Municipal Code, 1976, as amended, entitled "Tobacco Dealers, " be and is hereby amended to add the following new sections to read as follows : "6 . 72 . 010 LICENSE; REQUIRED. It is unlawful to sell or give away tobacco in the City without being first licensed to do so by the City, provided, that no license shall be required for sales at wholesale . 6 . 72 . 020 LICENSE; APPLICATION. Application for a license as required by Section 6 . 72 . 010 of this Chapter shall be made in writing to the e'` City Clerk. Such application shall contain the name of the applicant, the address at which such sales are to be made, and shall be filed with the City Clerk together with the license fee hereinafter required. 6 . 72 . 030 LICENSE; FEE. The fee for a license as herein required shall be twenty five dollars ($25 . 00) per year. All licenses shall expire on December 31 of the year issued and such fee shall not be prorated as to any part of such term. 6 . 72 . 040 PROHIBITION DECLARED. 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 prohibited and declared unlawful . 6 . 72 . 050 LICENSEE RESPONSIBILITY. For the purposes of this Chapter, every licensee shall be deemed responsible for the unlawful acts of the licensee' s agents or employees whether or not such eft. licensee knowingly permits or has actual knowledge of such unlawful acts . 6 . 72 . 060 IDENTIFICATION REQUIREMENT. 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 age of the prospective recipient, he or she shall , before making such sale or delivery, demand presentation of some form of positive identification, 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. 6 . 72 . 070 WARNING REQUIRED. Every person engaged in the business of selling cigarettes, cigars, smoking papers, pipes of all types, pipe and other loose tobacco and smoking herbs shall display at all times in a prominent place in his or her place of business a printed card, which shall be issued by the City and which shall read substantially as follows : WARNING TO MINORS. Minors shall be subject to a fine up to $500. 00 under the provisions of the Elgin Municipal Code for purchasing smoking materials or misrepresenting his or her age for the purpose of purchasing or obtaining smoking materials. 6 . 72 . 080 MINOR DEFINED. A "minor" shall be defined as a person who has not yet attained the age of eighteen (18) years . 6 . 72 . 090 MINORS; PURCHASE AND POSSESSION. No minor shall purchase, attempt to purchase, accept, possess or consume any cigarette, cigar, smoking papers, pipe of any type, smokeless tobacco or tobacco in any of its forms . 6 . 72 . 100 VIOLATION; PENALTY. A. Any person violating the provisions of this �^" Section shall be subject to a fine of not less than one hundred dollars ($100 . 00) nor more than five hundred dollars ($500 . 00) . B. Upon finding a minor guilty of violating the provisions of Section 6 . 72 . 090 , the court may enter a supervisory order where, in lieu of paying a fine as stated in subsection A of this Section, such minor shall be ordered to attend a smoking cessation program conducted by an approved social service agency at a cost to the minor that is to be determined by the social service agency and the City. Upon the completion of such program, the minor shall return to court on an assigned date and present a certificate of completion from the social service agency providing the smoking cessation program. If the minor does not provide proof of satisfactorily completing the smoking cessation program at the return court date, the court may fine the minor in accordance with the penalties set forth in subsection A of this Section. " Section 2 . That Chapter 10 . 20 of the Elgin Municipal Code, 1976, as amended, entitled "Sale or Delivery of Smoking Materials, " shall be deleted in its entirety. Section 3 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Ed Schoc , Mayor Presented: September 12 , 2001 Passed: September 12, 2001 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: September 13 , 2001 Published: September 14 , 2001 Attest : Dolonna Mecum, City Clerk