G13-80 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amended, entitled "Drug Paraphernalia" be and is hereby repealed.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