G67-01 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
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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.
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. . .
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)
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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