G42-02 . .
CITY OF ELGIN
ORDINANCE NO. G42-02
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 26th DAY OF JUNE 2002
Published in pamphlet form by authority of the
City Council of the City of Elgin, Kane and
Cook Counties, Illinois, on this
28th day of June 2002.
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 June 26, 2002, the Corporate Authorities of such
municipality passed and approved Ordinance No. G42-02, which provided by its terms
that it should be published in pamphlet form.
The pamphlet form of Ordinance No. G42-02, including the Ordinance and
a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the
municipal building commencing on June 28, 2002, and continuing for at least ten days
thereafter. Copies of such Ordinance were also available for public inspection upon
r' request in the office of the municipal clerk.
DATED at Elgin, Illinois, on June 28, 2002.
Municipal C erk
(SEAL)
"" Ordinance No. G42-02
AN ORDINANCE
AMENDING CHAPTER 6 . 72 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "TOBACCO DEALERS"
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
WHEREAS, substantial scientific evidence exists that the use
of tobacco products causes cancer, heart disease, and various other
medical disease and the United States Surgeon General has found
that tobacco-caused diseases are the leading cause of premature,
preventable death and disability in the United States, and;
WHEREAS, the National Centers for Disease Control have found
that at least four hundred thirty-four thousand (434, 000) Americans
die each year from tobacco-caused diseases and the United States
Surgeon General and the U. S . Department of Health and Human
Services have found that a majority of those Americans die of
tobacco caused diseases became addicted to nicotine in tobacco
products as adolescents before the age of legal consent, and;
WHEREAS, the National Institute on Drug Abuse has concluded
that the nicotine in tobacco products is a powerful addictive drug
and identify nicotine addiction as the most widespread example of
drug dependence in the United States, and;
WHEREAS, the United States Surgeon General has found that
nicotine in tobacco products is as addictive as cocaine and heroin,
and;
WHEREAS, the National Institute on Drug Abuse has found that
tobacco use by adolescents precedes and is predictive of adolescent
illicit drug use, and;
WHEREAS, City Council of the City of Elgin finds and declares
it in the public interest to prohibit self-service sales, self-
service displays, racks and shelves of tobacco products .
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
amended to read as follows :
"6 . 72 . 010 : DEFINITIONS :
The following words and phrases, whenever used in this
article, shall be construed as defined in this section:
"Business" means 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.
"Minor" shall mean any person who has not yet attained the age
of eighteen (18) years .
"Person" shall mean any individual, partnership, cooperative
association, private corporation, personal representative,
receiver, trustee, assignee, or any other legal entity.
"Self-service merchandising" means open display of tobacco
products and point-of-sale tobacco products that the public
has access to without the intervention of an employee .
"Tobacco product" means any tobacco cigarette, cigar, pipe
tobacco, smokeless tobacco, snuff or any other form of tobacco
which may be utilized for smoking, chewing inhalation or other
manner of ingestion.
"Tobacco dealer" shall mean 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 delivery
tobacco products for sales at wholesale shall not be included
within the meaning of the term "tobacco dealer. "
"Vending machine" means any automated, self-service device
that, upon insertion of money, token or other form of payment,
dispenses cigarettes or any other tobacco product .
"Tobacco specialty store" shall mean a tobacco retailer whose
business exclusively or primarily involves the sale of tobacco
products and related goods .
6 . 72 . 020 : LICENSE; REQUIRED:
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 one hundred
dollars ($100 . 00) per year. All licenses shall expire on
December 31st of the year issued and such fee shall not be
prorated as to any part of such term.
6 . 72 . 050 : 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 . 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 100 feet of any building or other location used
primarily as a school, child care facility, or for the
education or recreation of children under 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 : 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
f
false or forged identification card, or obtain an
identification card by means of false information.
6 . 72 . 090 : 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 . 100 : MINORS; PURCHASE AND POSSESSION:
No minor shall purchase, accept, possess or consume any
cigarette, cigar, smoking papers, pipe of any type, smokeless
tobacco or tobacco in any of its forms .
6 . 75 . 110 : DISPLAY OF TOBACCO PRODUCTS :
It shall be unlawful for any person, business or tobacco
dealer to sell , offer for sale, give away, or display tobacco
products for sale at any location by means of self-service
merchandising. All tobacco products shall be displayed from
behind a sales or service counter so that no customer can
access tobacco products without receiving assistance from an
employee of the licensee, subject to the following exceptions :
A. A tobacco specialty store shall not be required to
display premium cigars, pipe tobacco and chewing tobacco
from behind a sales or service counter nor shall a
customer in any such tobacco specialty store be required
to receive assistance from an employee of the tobacco
specialty store when accessing premium cigars, pipe
tobacco or chewing tobacco. Any such tobacco specialty
store licensee shall display cigarettes from behind a
sales or service counter so that no customer can access
the cigarette products without receiving assistance from
an employee of the licensee .
B. The prohibitions of this section shall not apply to a
consumer self-service tobacco vending machine provided
that any such self-service tobacco vending machine is
operated in a location that is not open to the public.
6 . 72 . 120 : VIOLATION; PENALTY:
A. Any person violating the provisions of this Section 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 minor guilty of violating the provisions
of Section 6 . 72 . 100, 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.
Ed Schock, Mayor
Presented: June 26, 2002
Passed: June 26, 2002
Omnibus Vote : Yeas : 7 Nays : 0
Recorded: June 27, 2002
Published: June 28 , 2002
Attest :
Dolonna Mecum, Ci y Clerk
r