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Home My WebLink AboutG67-01 (2) 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 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 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. s/ Ed Schock Ed Schock, Mayor Presented: September 12 , 2001 Passed: September 12 , 2001 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: September 13 , 2001 Published: September 14 , 2001 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk <k OFfCC. Agenda Item No. (I]; ;0 ir I City of Elgin g L G � �. August 17, 2001 N rl TO: Mayor and Member of the City Council ECONOMIC GROWTH FROM: Joyce A. Parker, City Manager SUBJECT: Proposed Amendments to the Tobacco Dealers Licensing Ordinance PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information on a proposed ordinance amending the City' s existing tobacco dealer licensing ordinance . rBACKGROUND The Illinois Liquor Control Commission encourages local liquor commissions to promote the enforcement of retailer compliance with minimum-age tobacco laws through its "Kids Can' t Buy 'Em Here" tobacco program. Through this program, over 10, 000 tobacco retailers will receive educational materials and training on minimum-age tobacco laws and local communities will conduct over 17, 000 compliance checks . Responding to the state liquor control commission' s appeal, Councilman Stuart Wasilowski, a member of the City of Elgin Local Liquor Control Commission, requested that staff review the City' s existing tobacco-related ordinances to determine whether they could be improved to further discourage tobacco sales to minors . The draft ordinance attached for your review incorporates enhanced enforcement policies that were identified in response to Councilman Wasilowski' s request . The draft ordinance combines the tobacco sale prohibition to minors currently codified at Chapter 10 . 20 . 010 of the code with the existing tobacco dealer licensing provisions located within Chapter 6 . 72 . New ordinance provisions added provide (1) that it shall be an offense for minors (persons under 18 years of age) to rpossess tobacco (Section 6 . 72 . 090) , and (2) that tobacco dealer license holders shall be responsible for the unlawful acts of their agents or employees whether or not the licensee knowingly permits or has actual knowledge of such unlawful acts (Section 6 . 72 . 050) . Proposed Amendment to Tobacco Dealer Ordinance August 17, 2001 Page 2 The City Clerk surveyed thirteen similar or neighboring municipalities to determine the manner in which they enforced minimum-age tobacco laws . That survey revealed that ten of the thirteen municipalities contacted had ordinances prohibiting the possession of tobacco by minors . A copy of the chart summarizing those findings is attached for your reference . The Local Liquor Control Commission recommended adoption of the ordinance at its meeting of August 1, 2001 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Local Liquor Control Commission. FINANCIAL IMPACT N` The current annual tobacco dealers license fee is $25 . 00 . As part of the 2002 budget process, the tobacco dealers license fee as well as other license fees are under review. Recommendations for any changes will be forthcoming. \rofmn/LEGAL IMPACT None. ALTERNATIVES 1 . Adoption of the ordinance or any acceptable portions . 2. Rejection of the ordinance. RECOMMENDATION Adoption of the proposed ordinance . Re .ectfully submitted, i Joyce A.1 Parker City Manager Attachments Illegal..IllegaITI Illegal to / Ordinance Enforcement possess purchase Penalty Complaint Sting Community Yes No Yes No driven Operation School Site Arlington Heights X X X X X $5.00 TO $750.00 WITH MUST APPEAR IN COURT TICKET. SMOKING EDUCATION CLASS SOMETIMES REQUIRED Aurora X X X X X PENATLIES ARE THE SAME AS VIOLATING ANY OTHER C)FFFNSF IN THEIR ORIlINANCFS DesPlaines X X X X X FIRST OFFENSE$20.00 TO $50.00 OR EDUCATION PROGRAM. SECOND OFFENCE $50.00 TO $100.00 Evanston X X X X Glencoe X X X X X FIRST OFFENSE MINOR WORKS WITH YOUTH OFFICER SECOND OFFENSE$10.00 TO $250.00 Hoffman Estates X X X X Highland Park X X X X $50.00 TO $1000.00 OR EDUCATION PROGRAM. PEER JURY IS AN OPTION. Morton Grove X X Naperville X X X X FIRST OFFENSE-$100.00 TO$200.00 OR ATTENDANCE AT EDUCATION PROGRAM SECOND OFFENSE $75.00 TO $150.00 AND REQUIRED ATTENDANCE OF EDUCATION PROGRAM THIRD OFFENSE$250.00 TO $350.00 AND 10 DAYS COMMUNITY SERVICE AND ATTENDANCE OF EDUCATION PROGRAM FOURTH OFFENSE$350.00 TO $750 AND 30 DAYS COMMUNITY SERVICE AND EDUCATION PROGRAM Oak Park X X X $50.00 TO $200.00 FINE Schaumburg X X X X Waukegan X X Wilmette X X Total 10 3 7 6 1 0 4 9 9 •