HomeMy WebLinkAboutG48-18 Ordinance No. G48-18
AN ORDINANCE
AMENDING CHAPTER 6.72 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "TOBACCO DEALERS"
WHEREAS,the City of Elgin is a home rule unit, and as a home rule unit may exercise
any power and perform any function pertaining to its government and affairs; and
WHEREAS,the City Council has determined that it is necessary and desirable to amend
the regulations in the Elgin Municipal Code regarding tobacco dealers and to include therein the
prohibition of the sale of tobacco products, electronic cigarettes and alternative nicotine products
to persons under twenty-one(21) years of age; and
WHEREAS, the proposed regulations regarding tobacco dealers and the sale of certain
products to persons under twenty-one (21) years of age will further protect the public health and
welfare; and
WHEREAS,the protection of the public health and welfare and regulations regarding the
sale of certain tobacco products to persons under twenty-one (21) years of age pertains to the
government and affairs of the city.
NOW, THEREFORE, 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 further amended to read as follows:
"Chapter 6.72
TOBACCO DEALERS
6.72.010: DEFINITIONS:
The following words and phrases, whenever used in this chapter, shall be construed as
defined in this section:
ADULT-ONLY FACILITY: A facility or restricted area (whether open-air or enclosed)
where the operator ensures or has a reasonable basis to believe (such as by checking
identification as required under State law, or by checking the identification of any person
appearing to be under the age of 30) that no person under legal age is present. A facility
or restricted area need not be permanently restricted to persons under 21 years of age to
constitute an adult-only facility,provided that the operator ensures or has a reasonable basis
to believe that no person under 21 years of age is present during the event or time period
in question.
AGE RESTRICTED AREA: A signed designated area in a retail establishment to which
persons under 21 years of age are not permitted access unless accompanied by a parent or
legal guardian.
ALTERNATIVE NICOTINE PRODUCT: A product or device not consisting of or
containing tobacco that provides for the ingestion into the body of nicotine, whether by
chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other
means. Alternative Nicotine Product does not include: cigarettes as defined in Section 1
of the Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Tobacco
Products Tax Act of 1995; tobacco product and electronic cigarette as defined in this
Section; or any product approved by the United States Food and Drug Administration for
sale as a tobacco cessation product, as a tobacco dependence product, or for other medical
purposes, and is being marketed and sold solely for that approved purpose.
BUSINESS: Any sole proprietorship, joint venture, corporation or other business entity
formed for profit making purposes,including retail establishments where goods or services
are sold as well as professional corporations and other entities where legal,medical,dental,
engineering, architectural or other professional services are delivered in the city.
ELECTRONIC CIGARETTE: means:
(1) any device that employs a battery or other mechanism to heat a solution or
substance to produce a vapor or aerosol intended for inhalation;
(2) any cartridge or container of a solution or substance intended to be used with or in
the device or to refill the device; or
(3) any solution or substance, whether or not it contains nicotine intended for use in
the device. Electronic Cigarette includes, but is not limited to, any electronic
nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe,
electronic hookah, vape pen, or similar product or device, and any components or
parts that can be used to build the product or device. Electronic Cigarette does not
include: cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco
products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995;
tobacco product and alternative nicotine product as defined in this Section; any
product approved by the United States Food and Drug Administration for sale as a
tobacco cessation product, as a tobacco dependence product, or for other medical
purposes, and is being marketed and sold solely for that approved purpose; any
asthma inhaler prescribed by a physician for that condition and is being marketed
and sold solely for that approved purpose; or any therapeutic product approved for
use under the Compassionate Use of Medical Cannabis Pilot Program Act.
LINE OF SIGHT: Means visible to a cashier or other employee.
NICOTINE: Any form of the chemical nicotine, including any salt or complex, regardless
of whether the chemical is naturally or synthetically derived.
PERSON: Any individual, partnership, cooperative association, private corporation,
personal representative, receiver, trustee, assignee, or any other legal entity.
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SELF-SERVICE MERCHANDISING: Open display of tobacco products and point of sale
tobacco products that the public has access to without the intervention of an employee.
TOBACCO DEALER: Any person or business operating a store, stand,booth,concession,
or other place at which the sale or delivery of tobacco products are made to consumers for
consumption or use. A person or business selling or delivering tobacco products for sales
at wholesale shall not be included within the meaning of the term "tobacco dealer".
TOBACCO PRODUCT: Any product containing or made from tobacco that is intended
for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled,
snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes,
cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, and any other smokeless
tobacco product which contained tobacco that is finely cut, ground, powdered, or leaf and
intended to be placed in the oral cavity. Tobacco Product does not include: an electronic
cigarette and alternative nicotine product as defined in this Section; or any product that has
been approved by the United States Food and Drug Administration for sale as a tobacco
cessation product, as a tobacco dependence product, or for other medical purposes, and is
being marketed and sold solely for that approved purpose.
TOBACCO SPECIALTY STORE: A tobacco retailer whose business exclusively or
primarily involves the sale of tobacco products and related goods.
VENDING MACHINE: Any automated,self-service device that,upon insertion of money,
token or other form of payment, dispenses cigarettes or any other tobacco product.
6.72.020: LICENSE; REQUIRED:
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No person or business shall sell or give away any tobacco product in the city without first
being licensed to do so by the city, provided, that no license shall be required for sales of
tobacco products at wholesale.
6.72.030: LICENSE; APPLICATION:
Application for a license as required by section 6.72.020 of this chapter shall be made in
writing to the fiscal services manager. 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 fiscal
services manager together with the license fee hereinafter required.
6.72.040: LICENSE; FEE:
The fee for a license as herein required shall be one hundred dollars ($100.00) 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.
6.72.050: PROHIBITION DECLARED:
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A. No person under 21 years of age shall buy any tobacco product,electronic cigarette,
or alternative nicotine product. No person shall sell, buy for, distribute samples of
or furnish any tobacco product, electronic cigarette, or any alternative nicotine
product to any person under 21 years of age.
B. No person under 16 years of age may sell any tobacco product,electronic cigarette,
or alternative nicotine product at a retail establishment selling tobacco products,
electronic cigarettes, or alternative nicotine 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.
C. Before selling, offering for sale, giving, or furnishing a tobacco product, electronic
cigarette, or alternative nicotine product to another person, the person selling,
offering for sale, giving, or furnishing the tobacco product, electronic cigarette, or
alternative nicotine product shall verify that the person is at least 21 years of age
by:
1. examining from any person that appears to be under 30 years of age a
government-issued photographic identification that establishes the person
to be 21 years of age or older; or
2. for sale of tobacco products, electronic cigarettes, or alternative nicotine
products made through the Internet or other remote sales methods,
performing an age verification through an independent, third party age
verification service that compares information available from public records
to the personal information entered by the person during the ordering
process that establishes the person is 21 years of age or older.
D. No person under 21 years of age in the furtherance of facilitation of obtaining any
tobacco product, electronic cigarette, or alternative nicotine product shall display
or use a false or forged identification care or transfer, alter, or deface an
identification card.
E. A person shall not distribute without charge samples of any tobacco product to any
other person, regardless of age, except for smokeless tobacco in an adult-only
facility. This subsection does not apply to the distribution of a tobacco product,
electronic cigarette, or alternative nicotine product sample in any adult-only
facility.
F. The sale or distribution by any person of a tobacco product as defined herein,
including but not limited to a single or loose cigarette, that is not contained within
a sealed container, pack, or package as provided by the manufacturer, which
container, pack, or package bears the health warning required by federal law, is
prohibited.
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6.72.060: PROHIBITED LOCATIONS:
A tobacco dealer license shall not be issued to any person seeking to sell or distribute
tobacco products at any place located within one hundred feet (100) of any building or
other location used primarily as a school, childcare facility, or for the education or
recreation of children under eighteen (18) years of age. This prohibition shall not apply to
those businesses engaged in the retail sale of tobacco products at a location that would
otherwise be prohibited under this section that were in existence prior to the effective date
of this section.This exemption shall apply to any new owner at the same location providing
the same services.
6.72.070: 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.
6.72.080: WARNING REQUIRED:
Every person engaged in the business of selling tobacco products, electronic cigarettes or
alternative nicotine products 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 PERSONS UNDER 21 YERS OF AGE. Persons under 21 years of age
shall be subject to a fine up to $500.00 under the provisions of the Elgin Municipal Code
for purchasing tobacco products, electronic cigarettes or alternative nicotine products or
misrepresenting his or her age for the purpose of purchasing or obtaining tobacco products,
electronic cigarettes or alternative nicotine products.
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6.72. 090: TOBACCO PRODUCT DISPLAYS:
A. All single packs of cigarettes, and electronic cigarettes, and alternative nicotine
products 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 21 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 21 are prohibited from entering
unless accompanied by a parent or legal guardian.
B. This Section does not prohibit the sale of tobacco products,electronic cigarettes,or
alternative nicotine products from vending machines if such tobacco products,
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electronic cigarettes, and alternative nicotine products are not placed together with
any non-tobacco product, other than matches, in the vending machine and the
vending machine is located in places to which persons under 21 years of age are
not permitted access at any time or places where alcoholic beverages are sold and
consumed on the premises and vending machine operation is under the direct
supervision of the owner or manager.
6.72.100: VIOLATION; PENALTY:
A. Any person violating the provisions of this chapter shall be subject to a fine of not
less than two hundred fifty dollars ($250.00) nor more than five hundred dollars
($500.00).
B. Upon finding a person under 21 years of age guilty of violating the provisions of
section 6.72.050 of this chapter, the court may enter a supervisory order where, in
lieu of paying a fine as stated in subsection A of this section, such person under 21
years of age shall be ordered to attend a smoking cessation program conducted by
an approved social service agency at a cost to the person under 21 years of age that
is to be determined by the social service agency and the city. Upon the completion
of such program, the person under 21 years of age 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 person under 21 years of age does
not provide proof of satisfactorily completing the smoking cessation program at the
return court date,the court may fine the person under 21 years of age in accordance
with the penalties set forth in subsection A of this section."
Section 2. That all ordinances or parts of ordinance in conflict with the provisions of
this ordinance be and are hereby replaced to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. Ka ain, Nfayor
Presented: July 25, 2018
Passed: July 25, 2018
Vote: Yeas: 8 Nays: 1 ori
Recorded: July 25, 2018
Published: July 26, 2018
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Kimberly Dewis, Ci# Clerk j
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