G67-01 (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 •