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VIM-WE OP
PLAINFIELD
Committee of the Whole Workshop of the President and the Board of
Trustees
Monday, February 25, 2019
7:00 PM
24401 W. Lockport Street
Plainfield, IL 60544
In the Boardroom
Agenda
A. CALL TO ORDER, ROLL CALL, PLEDGE
A.1. Seeking a motion to appoint Trustee Bonuchi as this evening's Chair.
B. APPROVAL OF THE MINUTES
B.1. Approval of the Minutes of the Committee of the Whole Workshop held on
February 11, 2019.
02-11-2019 COW Minutes
C. PRESIDENTIAL COMMENTS
D. TRUSTEES COMMENTS
E. PUBLIC COMMENTS (3-5 minutes)
F. WORKSHOP
F.1. TOBACCO 21 INITIATIVE
Village Staff and Representatives from the Will County Health Department will present
information regarding tobacco control and prevention specifically relating to the Tobacco
21 Initiative.
Cigarette and Tobacco Staff Report and Draft Ordinance
Will County Health Department Tobacco Control & Prevention Information
REMINDERS-
• March 4 Next Village Board Meeting — 7: 00 p.m.
• March S Plan Commission — 7: 00 p.m.
• March 11 Next Committee of the Workshop — 7: 00 p.m.
1
Agenda Item No:A.1
Committee of the Whole Workshop of the President and the Board of
Trustees Agenda Item Report
Meeting Date: February 25, 2019
Submitted by: Michelle Gibas
Submitting Department: Administration Department
Item Type: Appointment
Agenda Section:
Subject:
Seeking a motion to appoint Trustee Bonuchi as this evening's Chair.
Suggested Action:
Attachments:
2
Agenda Item No -B.1
Committee of the Whole Workshop of the President and the Board of
Trustees Agenda Item Report
Meeting Date: February 25, 2019
Submitted by: Michelle Gibas
Submitting Department: Administration Department
Item Type: Minutes
Agenda Section:
Subject:
Approval of the Minutes of the Committee of the Whole Workshop held on
February 11, 2019.
Suggested Action:
Attachments:
02-11-2019 COW Minutes
3
Minutes of the Committee of the Whole Workshop of the President and the Board of Trustees
Held on February 11, 2019
In the Boardroom
Mayor Collins called the meeting to order at 7:00 p.m. Board Present: Mayor Collins, Trustee
Bonuchi, Trustee Lamb, Trustee Newton, Trustee O'Rourke, and Trustee Wojowski. Board Absent:
Trustee Larson. Others present: Brian Murphy, Administrator; Jon Proulx, Planning Director; Allen
Persons, Public Works Director; Ken Goska, Building Official; Traci Pleckham, Management
Services Director; and John Konopek, Police Chief.
Trustee Lamb moved to approve the Minutes of the Committee of the Whole Workshop held on
January 28, 2019. Second by Trustee Wojowski. Voice Vote. All in favor, 0 opposed. Motion
carried. Motion carried.
PRESIDENTIAL COMMENTS
No Comments.
TRUSTEE COMMENTS
Trustee Bonuchi wished Trustee Wojowski a Happy Birthday.
PUBLIC COMMENTS
No Comments.
WORKSHOP
1) AFFORDABLE HOUSING PLANNING AND APPEALS ACT
Mr. Jon Proulx, Planning Director, gave an overview of the State Regulations for the Illinois
Affordable Housing Planning and Appeals Act. Mr. Proulx pointed out that the Act identifies a goal
for communities to have housing costs (rent or mortgage payments) for 10 percent of the housing
units in the community to be affordable based on U.S. Census data. The determination of
affordability is based on a calculation of what mortgage or rent payments could be affordable for a
person or household earning 80 percent of the area's median income. Communities in Illinois that
are found to be non-exempt from the law are required to adopt an Affordable Housing Plan within 18
months from the date of notification of its non-exempt status. Plainfield was listed as non-exempt in
December of 2018.
There was some general discussion regarding the Act. Staff will work with CMAP and the
Metropolitan Mayors Caucus to begin outlining a draft of a local plan for discussion at future
meetings.
#2 REVIEW OF FINANCIAL POLICIES
Mrs. Traci Pleckham, Management Services Director, reviewed the Village's Financial Polices and
proposed changes to the policies. Mrs. Pleckham pointed out that the policies are reviewed annually
as part of the budget process. There were no objections to the proposed changes. Staff will bring the
Financial Polies to a future Board meeting for formal approval.
On a motion from Trustee Lamb and second by Trustee Newton, the meeting adjourned at
7:26 p.m.
Michelle Gibas, Village Clerk
4
Agenda Item No:F.1
Committee of the Whole Workshop of the President and the Board of
Trustees Agenda Item Report
Meeting Date: February 25, 2019
Submitted by: John Konopek
Submitting Department: Police Department
Item Type: Department Report
Agenda Section:
Subject:
TOBACCO 21 INITIATIVE
Village Staff and Representatives from the Will County Health Department will present information regarding
tobacco control and prevention specifically relating to the Tobacco 21 Initiative.
Suggested Action:
Attachments:
Cigarette and Tobacco Staff Report and Draft Ordinance
Will County Health Department Tobacco Control & Prevention Information
MEMORANDUM
To: Mayor Collins and Trustees
From: Chief Konopek
Date: February 20, 2019
II I l l lli,•,•lll 11 U. LI, I'f
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VILLAGE OF
PLAINFIELD
Re: An Ordinance Amending the Chapters and Articles Related to the Regulation of Cigarette and
Tobacco Dealers
Background Findings
Attached is a draft Ordinance Amending Chapter 4, Article V of the Village's Code of Ordinances,
Regulating Cigarette and Tobacco Dealers. The draft Ordinance is the result of previous discussions
regarding raising the age for the purchase and possession of electronic cigarettes, tobacco products and
tobacco accessories (as those terms are defined in the Ordinance), to twenty-one (21) years of age.
The attached draft Ordinance provides a comprehensive definition of the term "Electronic Cigarette(s)"
and also prohibits anyone under twenty-one (21) years of age from purchasing or possessing electronic
cigarettes, tobacco products or tobacco accessories. The Ordinance also precludes persons licensed
pursuant to the Ordinance to sell electronic cigarettes, tobacco products or tobacco accessories, from
selling those items to persons under twenty-one (21) years of age.
Policy Considerations
The revisions to the Ordinance are authorized pursuant to State law.
Financial Considerations
There are no financial considerations for the Village.
Recommendation
The amended Ordinance is presented to the Village Board for review and consideration.
R
VILLAGE OF PLAINFIELD
ORDINANCE NO. 2019 -
AN ORDINANCE AMENDING CHAPTER 4, ARTICLE V
OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD
An Ordinance Amending the Chapter and Articles
Regulating Cigarette and Tobacco Dealers
ADOPTED BY THE
PRESIDENT AND BOARD
OF TRUSTEES OF THE
VILLAGE OF PLAINFIELD
THIS DAY OF 2019.
Published in pamphlet form by
the authority of the President
and Board of Trustees of the
Village of Plainfield, Will and
Kendall Counties, Illinois
this day of 2019.
7
ORDINANCE NO. 2019 -
AN ORDINANCE AMENDING CHAPTER 4, ARTICLE V
OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD
An Ordinance Amending the Chapter and Articles
Regulating Cigarette and Tobacco Dealers
WHEREAS, the Village of Plainfield ("Village"), Will and Kendall Counties, Illinois,
as a home rule municipality in accordance with Article VII, Section 6(a) of the
Constitution of the State of Illinois of 1970, is enacting this Ordinance pursuant to its
home rule authority; and
WHEREAS, pursuant to the laws of the State of Illinois, the Village has the
authority to regulate cigarette and tobacco dealers within the Village; and
WHEREAS, the U.S. Food and Drug Administration has warned about the
possible adverse health effects brought about by the use of electronic cigarettes, the
substances used in electronic cigarettes, and other alternative nicotine products, as
they have been found to contain carcinogens and toxic chemicals such as diethylene
glycol, an ingredient used in antifreeze, and has further warned that the health effects of
electronic cigarettes, including any potential negative health effects of second-hand
smoke inhalation, are unknown at this time; and
WHEREAS, the Village President and the Village Board of Trustees ("Village
Board") have determined that, in the interest of promoting the health, safety and welfare
of the Village, it is necessary and desirable to amend the Village's Code of Ordinances
to further comprehensively regulate electronic cigarette, cigarette and tobacco dealers
in the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES,
ILLINOIS, as follows:
SECTION ONE. That the Preamble to this Ordinance and Exhibits are adopted
by this reference as if fully set forth herein.
SECTION TWO. That Chapter 4, Article V, entitled "Cigarette and Tobacco
Dealers" be and hereby is amended as set forth below. The amended text with
document markings is attached hereto as Exhibit "A". Deletions from the Code are
^„o Gk and additions to the Code are double underlined.
SECTION THREE.
Sec. 4-191. Definitions.
The following definitions shall apply to this article:
Bidi cigarette means a product that contains tobacco that is wrapped in temburni
or tendu leaf or that is wrapped in any other material identified by rules of the
department of public health that is similar in appearance or characteristics to the
temburni or tendu leaf.
Electronic Cigarette(s) or e-cigarette(s) 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; and/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 products as defined in this article; any
product approved by the U.S. 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.
7
Hookah shall mean a tobacco pipe with a tube that draws the smoke through
water contained in a bowl.
License shall mean a Tobacco Dealers license issued by the Village.
Person shall mean any natural person, corporation, partnership, limited liability
company, association or other legal entity.
Smoking herbs shall mean all substances of plant origin and their derivatives,
including but not limited to, broom, calea, California poppy, damiana, hops, ginseng,
lobelia, jimson weed and other members of the Datura genus, passion flower and wild
lettuce, which are processed or sold primarily for use as smoking materials.
Tobacco accessories shall mean cigarette papers, pipes, holders of smoking
materials of all types, cigarette rolling machines and other items designed primarily for
the smoking or ingestion of tobacco products or of substances made illegal under any
statute or of substances whose sale, gift, barter or exchange is made unlawful under
this article. For purposes of this article, "cigarette paper" shall not include any paper
that is incorporated into a product to which a tax stamp must be affixed under the
Cigarette Tax Act or the Cigarette Use Tax Act.
Tobacco Dealer shall mean any owner of a tobacco store, stand, booth,
concession or other place at which sale or delivery of electronic cigarettes, tobacco
products and/or tobacco accessories are made to consumers. A person selling or
delivering tobacco products for sale at wholesale shall not be included within the
meaning of the term "Tobacco Dealer".
Tobacco products shall mean 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.
Vending machine shall mean any mechanical, electric or electronic self-service
device operated by insertion of money, tokens or other form of consideration and
dispenses electronic cigarettes, tobacco products and/or tobacco accessories.
(Ord. No. 2067, § II, 10-15-01; Ord. No. 3063, § 3 (Exh. A), 7-16-12; Ord. No. 3169, § 2
(Exh. A), 7-21-14; Ord. No. ; eff )
Sec. 4-192. License required.
(a) It shall be unlawful for any person to sell or deliver or offer for sale or delivery
electronic cigarettes, tobacco products or tobacco accessories, in any form
without first having obtained a license issued by the Village. Applications for
such license shall be made to the Village Clerk in writing. Such license shall
not be required to sell or deliver, or offer to sell or deliver, tobacco products at
wholesale.
10
(b) The license issued by the Village pursuant to this article authorizes the
licensee to display for sale, sell or offer for sale, and deliver electronic
cigarettes, tobacco products and tobacco accessories at the premises
designated on the license, subject to the provisions of this article.
(c) A license shall not be issued or renewed to the following:
(1) A person who is not a citizen or legal resident of the United States.
(2) A person who is not of good character and reputation in the community
in which he/she resides. Not of good character and reputation shall
include, but not be limited to, the situations described in
subparagraphs (4) and (5) below.
(3) A person who is indebted to the Village and is more than thirty (30)
days delinquent in the payment of the indebtedness at the time of filing
the original license application or at the time of seeking renewal of the
license.
(4) A person who has been convicted of a felony under federal or state
law, unless the Village President determines such person has been
sufficiently rehabilitated to public trust after considering matters set
forth in such person's application and further investigation by the
Village's police department. The burden of proof of sufficient
rehabilitation shall be on the applicant.
(5) A person who has been convicted or placed on court supervision for a
violation of any federal, state or municipal law concerning the
possession or sale of electronic cigarettes, tobacco products, tobacco
accessories and/or smoking herbs, or has forfeited a bond to appear in
court to answer to charges for any such violation.
(6) A person who does not own the premises for which a license is sought
or does not have a lease thereon for the full period for which the term
of the license is issued.
(7) An applicant who seeks a license for a location within one hundred
(100) feet of any public or private school, freestanding child care
facility, or other building used for education or recreational programs
typically attended by persons under the age of eighteen (18) years.
This distance shall be measured by a straight line from nearest point of
the licensed premises to the nearest lot line of the school property and
shall include the public right-of-way.
(Ord. No. 979, § 12-1, 6-16-80; Ord. No. 3063, § 3 (Exh. A), 7-16-12; Ord. No. 3169, § 2
(Exh. A), 7-21-14; Ord. No. ; eff )
11
Sec. 4-193. Annual fee.
The annual fee for a license under this article shall be two hundred and fifty
dollars ($250.00). Each application shall be accompanied by payment of the annual
fee.
(Ord. No. 979, § 12-2, 6-16-80; Ord. No. 2067, § 1, 10-15-01; Ord. No. 3063, § 3 (Exh.
A), 7-16-12)
Sec. 4-194. Prohibited acts.
(a) Sale to persons under twenty-one years of age. It shall be unlawful for any
person to sell, barter, exchange, deliver or give away or cause or permit or
procure to be sold, bartered, exchanged, delivered or given away tobacco
accessories, tobacco products, electronic cigarettes and/or smoking herbs to
any person under twenty-one (21) years of age. It shall be the responsibility
of the licensee to ascertain age by examining state issued identification
establishing that the individual seeking to obtain tobacco accessories,
tobacco products, electronic cigarettes and/or smoking herbs is at least
twenty-one (21) years of age.
(b) Sale of bidi cigarettes. It shall be unlawful for any person to sell, barter,
exchange, deliver or give away a bidi cigarette to another person, or cause,
permit or procure a bidi cigarette to be sold, bartered, exchanged, delivered
or given away to another person.
(c) Sale of cigarette paper. It shall be unlawful for any person to offer, sell, barter,
exchange, deliver or give away cigarette paper, or cause, permit or procure
cigarette paper to be sold, offered, bartered, exchanged, delivered or given
away except from premises or an establishment where other tobacco
products are sold.
(d) Sale of tobacco products and tobacco accessories from vending machines. It
shall be unlawful for any person to offer, sell, barter, exchange, deliver or give
away tobacco products or tobacco accessories or cause, permit or procure
tobacco products or tobacco accessories to be sold, offered, bartered,
exchanged, delivered or given away by use of a vending machine.
(e) Sale of hookah(s). It shall be unlawful for any person to offer, sell, barter,
exchange, deliver or give away a hookah to another person, or cause, permit
or procure a hookah to be sold, offered, bartered, exchanged, delivered or
given away to another person.
(f) Self -Service Sales. It shall be unlawful to sell, offer for sale, give away or
display tobacco products, electronic cigarettes or tobacco accessories for
sale at any location where the consumer can acquire those items through
self-service. All tobacco products, electronic cigarettes and tobacco
12
accessories shall be displayed from behind a sales/service counter so no
consumer can access such items without assistance by an employee of the
licensee.
(g) Violation of state law. It shall be unlawful for any person to violate:
(1) The Prevention of Tobacco Use By Minors and Sale and Distribution of
Tobacco Products Act (720 ILCS 675/1 et. seq.), as amended;
(2) The Display of Tobacco Products Act (720 ILCS 677/1 et seq.), as
amended;
(3) The Prevention of Cigarette Sales to Minors Act (720 ILCS 678/1 et seq.),
as amended;
(4) The Smokeless Tobacco Limitation Act (720 ILCS 680/1 et. seq.) as
amended;
(5) The Tobacco Accessories and Smoking Herbs Control Act (720 ILCS
685.1 et seq.), as amended; and
(6) The Cigarette Health Warning Act (410 ILCS 85/1 et seq.), as amended.
(Ord. No. 1534, § 1, 11-15-93; Ord. No. 2067, § 111,10-15-01; Ord. No. 3063, § 3 (Exh.
A, 7-16-12; Ord. No. 3169, § 2 (Exh. A), 7-21-14; Ord. No. ; eff )
Sec. 4-195. Possession by persons under twenty-one years of age prohibited.
It shall be unlawful for any person under the age of twenty-one (21) years to
possess any tobacco products, tobacco accessories or electronic cigarettes; provided
that the possession by a person under the age of twenty-one (21) years under the direct
supervision of the parent or guardian of such person in the privacy of the parent's or
guardian's home shall not be prohibited.
(Ord. No. 1595, § 1, 11-21-94; Ord. No. 3169, § 2 (Exh. A), 7-21-14; Ord. No.
; eff )
Sec. 4-196. Proximity to certain institutions.
It shall be unlawful for any person to sell, offer for sale, give away or deliver
tobacco products or electronic cigarettes within one hundred (100) feet of any public or
private school, freestanding child care facility, or other building used for education or
recreational programs for persons under the age of eighteen (18) years.
(Ord. No. 1595, § 1, 11-21-94; Ord. No. 3063, § 3 (Exh. A), 7-16-12; Ord No.
eff. )
13
Sec. 4-197. Use of identification cards.
No person in the furtherance or facilitation of obtaining electronic cigarettes,
tobacco products, tobacco accessories and/or smoking herbs shall display or use a
false or forged identification card or transfer, alter or deface an identification card.
(Ord. No. 2067, § IV, 10-15-01; Ord. No. ; eff )
Sec. 4-198. Warning to persons under twenty-one years of age.
Any person operating a place of business where electronic cigarettes, tobacco
products, tobacco accessories and/or smoking herbs are sold or offered for sale shall
post in a conspicuous place upon the premises a sign upon which there shall be
imprinted the following statement: "SALE OF ELECTRONIC CIGARETTES, TOBACCO
PRODUCTS, TOBACCO ACCESSORIES AND/OR SMOKING HERBS TO PERSONS
UNDER TWENTY-ONE YEARS OF AGE OR THE MISREPRESENTATION OF AGE
TO PROCURE SUCH A SALE IS PROHIBITED BY LAW." The sign shall be printed on
a white card in red letters at least one-half ('/2) inch in height.
(Ord. No. 2067, § IV, 10-15-01; Ord. No. 3063, § 3 (Exh. A), 7-16-12; Ord. No.
; eff )
Sec. 4-199. Licensee Reporting.
Any licensee who has been convicted of or placed on court supervision for a
violation of any federal, state or municipal law concerning the possession or sale of
tobacco products, tobacco accessories, electronic cigarettes and/or smoking herbs,
shall notify the Village President in writing of such with thirty (30) days after sentencing.
(Ord. No. 3063, § 3 (Exh. A), 7-16-12; Ord. No. ; eff )
Sec. 4-200. Responsibility for agents and employees.
Every act or omission of whatsoever nature, constituting a violation of any of the
provisions of this Article by any officer, director, manager or other agent or employee of
any licensee shall be deemed and held to be the act of such licensee; and such licensee
shall be punishable in the same manner as if such act or omission had been done or
omitted by the licensee personally.
(Ord. No. 3063, § 3 (Exh. A), 7-16-12)
SECTION FOUR. That any Village Ordinance or Resolution, or part thereof, in
conflict with the provisions of this Ordinance is, to the extent of such conflict, expressly
repealed.
14
SECTION FIVE. If any provision of this Ordinance is held invalid by a court of
competent jurisdiction, such provision shall be stricken and shall not affect any other
provision of this Ordinance.
SECTION SIX. This Ordinance shall be in full force and effect after its passage,
approval, and publication in pamphlet form as provided by law.
SECTION SEVEN. This Ordinance shall be numbered as Ordinance No
PASSED the day of , 2019.
AYES:
NAYS:
ABSENT:
APPROVED this day of , 2019.
Michael Collins
Village President
ATTESTED AND FILED IN MY OFFICE:
Michelle Gibas
Village Clerk
15
EXHIBIT "A"
Sec. 4-191. Definitions.
The following definitions shall apply to this article:
Bidi cigarette means a product that contains tobacco that is wrapped in temburni
or tendu leaf or that is wrapped in any other material identified by rules of the
department of public health that is similar in appearance or characteristics to the
temburni or tendu leaf.
L _
..provide a gas derived from
n
liquid RiGOtiRe and/or other substaRGes whiGh M S
Electronic Cigarette(s) or e-ciaarette(s) 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: and/or (3) any solution or
substance, whether or not it contains nicotine, intended for use in the device.
"Electronic cigarette" includes, but is not limitedto, 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 products as defined in this article: any
product approved by the U.S. 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.
Hookah shall mean a tobacco pipe with a tube that draws the smoke through
water contained in a bowl.
License shall mean a Tobacco Dealers license issued by the Village.
Person shall mean any natural person, corporation, partnership, limited liability
company, association or other legal entity.
Smoking herbs shall mean all substances of plant origin and their derivatives,
including but not limited to, broom, calea, California poppy, damiana, hops, ginseng,
16
lobelia, jimson weed and other members of the Datura genus, passion flower and wild
lettuce, which are processed or sold primarily for use as smoking materials.
Tobacco accessories shall mean cigarette papers, pipes, holders of smoking
materials of all types, cigarette rolling machines and other items designed primarily for
the smoking or ingestion of tobacco products or of substances made illegal under any
statute or of substances whose sale, gift, barter or exchange is made unlawful under
this article. For purposes of this article, "cigarette paper" shall not include any paper
that is incorporated into a product to which a tax stamp must be affixed under the
Cigarette Tax Act or the Cigarette Use Tax Act.
Tobacco Dealer shall mean any owner of a tobacco store, stand, booth,
concession or other place at which sale or delivery of electronic cigarettes, tobacco
products and/or tobacco accessories are made to consumers. A person selling or
delivering tobacco products for sale at wholesale shall not be included within the
meaning of the term "Tobacco Dealer".
Tobacco products shall mean 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.
Vending machine shall mean any mechanical, electric or electronic self-service
device operated by insertion of money, tokens or other form of consideration and
dispenses electronic cigarettes, tobacco products and/or tobacco accessories.
(Ord. No. 2067, § II, 10-15-01; Ord. No. 3063, § 3 (Exh. A), 7-16-12; Ord. No. 3169, § 2
(Exh. A), 7-21-14; Ord. No. , eff )
Sec. 4-192. License required.
(a) It shall be unlawful for any person to sell or deliver or offer for sale or delivery
cigarettes, electronic ciaarettes. Gigars ^r +her tobacco products or tobacco
accessories, in any form without first having obtained a license issued by the
Village. Applications for such license shall be made to the Village Clerk in
writing. Such license shall not be required to sell or deliver, or offer to sell or
deliver, tobacco products at wholesale.
(b) The license issued by the Village pursuant to this article authorizes the
licensee to display for sale, sell or offer for sale, and deliver electronic
ciaarettes, tobacco products and tobacco accessories at the premises
designated on the license, subject to the provisions of this article.
(c) A license shall not be issued or renewed to the following:
(1) A person who is not a citizen or legal resident of the United States.
(2) A person who is not of good character and reputation in the community
in which he/she resides. Not of good character and reputation shall
17
include, but not be limited to, the situations described in
subparagraphs (4) and (5) below.
(3) A person who is indebted to the Village and is more than thirty (30)
days delinquent in the payment of the indebtedness at the time of filing
the original license application or at the time of seeking renewal of the
license.
(4) A person who has been convicted of a felony under federal or state
law, unless the Village President determines such person has been
sufficiently rehabilitated to public trust after considering matters set
forth in such person's application and further investigation by the
Village's police department. The burden of proof of sufficient
rehabilitation shall be on the applicant.
(5) A person who has been convicted or placed on court supervision for a
violation of any federal, state or municipal law concerning the
possession or sale of electronic cigarettes, tobacco products, tobacco
accessories and/or smoking herbs, or has forfeited a bond to appear in
court to answer to charges for any such violation.
(6) A person who does not own the premises for which a license is sought
or does not have a lease thereon for the full period for which the term
of the license is issued.
(7) An applicant who seeks a license for a location within one hundred
(100) feet of any public or private school freestanding child care
facility, or other building used for education or recreational proarams
typically attended by persons under the age of eighteen (18) years.
This distance shall be measured by a straight line from nearest point of
the licensed premises to the nearest lot line of the school property and
shall include the public right-of-way.
(Ord. No. 979, § 12-1, 6-16-80; Ord. No. 3063, § 3 (Exh. A), 7-16-12; Ord. No. 3169, § 2
(Exh. A), 7-21-14; Ord. No. ; eff )
Sec. 4-193. Annual fee.
The annual fee for a license under this article shall be two hundred and fifty
dollars ($250.00). Each application shall be accompanied by payment of the annual
fee.
(Ord. No. 979, § 12-2, 6-16-80; Ord. No. 2067, § 1, 10-15-01; Ord. No. 3063, § 3 (Exh.
A), 7-16-12)
Sec. 4-194. Prohibited acts.
(a) Sale to mino persons under twenty-one years of age. It shall be unlawful
for any person to sell, barter, exchange, deliver or give away or cause or
18
permit or procure to be sold, bartered, exchanged, delivered or given away,
tobacco accessories, tobacco products, electronic cigarettes and/or smoking
herbs to any person under eighteen (!&) twenty-one (21) years of age. It
shall be the responsibility of the licensee to ascertain age by examining state
issued identification establishing that the individual seeking to obtain tobacco
accessories, tobacco products electronic cigarettes and/or smoking herbs is
at least eighteen (1 &) twenty-one (2 1 ) years of age.
(b) Sale of bidi cigarettes. It shall be unlawful for any person to sell, barter,
exchange, deliver or give away a bidi cigarette to another person, or cause,
permit or procure a bidi cigarette to be sold, bartered, exchanged, delivered
or given away to another person.
(c) Sale of cigarette paper. It shall be unlawful for any person to offer, sell, barter,
exchange, deliver or give away cigarette paper, or cause, permit or procure
cigarette paper to be sold, offered, bartered, exchanged, delivered or given
away except from premises or an establishment where other tobacco
products are sold.
(d) Sale of tobacco products and tobacco accessories from vending machines. It
shall be unlawful for any person to offer, sell, barter, exchange, deliver or give
away tobacco products or tobacco accessories or cause, permit or procure
tobacco products or tobacco accessories to be sold, offered, bartered,
exchanged, delivered or given away by use of a vending machine.
(e) Sale of hookah(s). It shall be unlawful for any person to offer, sell, barter,
exchange, deliver or give away a hookah to another person, or cause, permit
or procure a hookah to be sold, offered, bartered, exchanged, delivered or
given away to another person.
(f) Self -Service Sales. It shall be unlawful to sell, offer for sale, give away or
display tobacco products, electronic cigarettes or tobacco accessories for
sale at any location where the consumer can acquire those items through
self-service. All tobacco products, electronic cigarettes and tobacco
accessories shall be displayed from behind a sales/service counter so no
consumer can access such items without assistance by an employee of the
licensee.
(g) Violation of state law. It shall be unlawful for any person to violate:
(1) The Prevention of Tobacco Use By Minors and Sale and Distribution of
Tobacco Products Act (720 ILCS 675/1 et. seq.), as amended;
(2) The Display of Tobacco Products Act (720 ILCS 677/1 et seq.), as
amended;
19
(3) The Prevention of Cigarette Sales to Minors Act (720 ILCS 678/1 et seq.),
as amended;
(4) The Smokeless Tobacco Limitation Act (720 ILCS 680/1 et. seq.) as
amended;
(5) The Tobacco Accessories and Smoking Herbs Control Act (720 ILCS
685.1 et seq.), as amended; and
(6) The Cigarette Health Warning Act (410 ILCS 85/1 et seq.), as amended.
(Ord. No. 1534, § 1, 11-15-93; Ord. No. 2067, § 111,10-15-01; Ord. No. 3063, § 3 (Exh.
A, 7-16-12; Ord. No. 3169, § 2 (Exh. A), 7-21-14; Ord. No. , eff )
Sec. 4-195. Possession by minorapersons under twenty-one years of age
prohibited.
It shall be unlawful for any person under the age of eighteen (1 8` twenty-one (21)
years to possess any tobacco products, tobacco accessories or electronic cigarettes;
provided, that the possession by a person under the age of eighte- (18) twenty-one
2Z1 years under the direct supervision of the parent or guardian of such person in the
privacy of the parent's or guardian's home shall not be prohibited.
(Ord. No. 1595, § 1, 11-21-94; Ord. No. 3169, § 2 (Exh. A), 7-21-14; Ord. No.
eff 1
Sec. 4-196. Proximity to certain institutions.
It shall be unlawful for any person to sell, offer for sale, give away or deliver
tobacco products or electronic cigarettes within one hundred (100) feet of any public or
rivate school, freestanding child care facility, or other building used for education or
recreational programs for persons under the age of eighteen (18) years.
(Ord. No. 1595, § 1, 11-21-94; Ord. No. 3063, § 3 (Exh. A), 7-16-12; Ord. No.
eff )
Sec. 4-197. Use of identification cards.
No person in the furtherance or facilitation of obtaining electronic cigarettes,
tobacco products, smoking tobacco accessories and/or smoking herbs shall display or
use a false or forged identification card or transfer, alter or deface an identification card.
(Ord. No. 2067, § IV, 10-15-01; Ord. No. ; eff )
Sec. 4-198. Warning to miners persons under twenty-one years of age.
Any person operating a place of business where electronic cigarettes, tobacco
products tobacco accessories and/or smoking herbs are sold or offered for sale shall
post in a conspicuous place upon the premises a sign upon which there shall be
imprinted the following statement;_ "SALE OF ELECTRONIC CIGARETTES, TOBACCO
PRODUCTS, TOBACCO ACCESSORIES AND/OR SMOKING HERBS TO PERSONS
20
UNDER TWENTY-ONE EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION
OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW." The sign shall be
printed on a white card in red letters at least one-half ('/2) inch in height.
(Ord. No. 2067, § IV, 10-15-01; Ord. No. 3063, § 3 (Exh. A), 7-16-12; Ord. No.
eff
Sec. 4-199. Licensee Reporting.
Any licensee who has been convicted of or placed on court supervision for a
violation of any federal, state or municipal law concerning the possession or sale of
tobacco products, tobacco accessories electronic ciaarettes and/or smoking herbs,
shall notify the Village President in writing of such with thirty (30) days after sentencing.
(Ord. No. 3063, § 3 (Exh. A), 7-16-12; Ord. No. ; eff )
Sec. 4-200. Responsibility for agents and employees.
Every act or omission of whatsoever nature, constituting a violation of any of the
provisions of this Article by any officer, director, manager or other agent or employee of
any licensee shall be deemed and held to be the act of such licensee; and such licensee
shall be punishable in the same manner as if such act or omission had been done or
omitted by the licensee personally.
(Ord. No. 3063, § 3 (Exh. A), 7-16-12)
21
WILL CdVNTY ULCAL7W
t>LrPAkrmL,rmr
D A
Df -I a[
VISIT WWW.WILLCOUNTYHEALTH.ORG OR CALL
(815)-727-8769 TO LEARN MORE ABOUT TOBACCO 21.
This toolkit is designed for Will County Policy Makers and Municipalities who are
looking to implement a Tobacco 21 policy. This toolkit offers suggestions and
resources to assist with the development of a Tobacco 21 ordinance. This toolkit
is intended to provide guidance for policy makers and municipalities who wish
to protect the health and safety of our youth through the implementation of a
Tobacco 21 policy.
All legal questions or advice should be reviewed and answered by your
attorney. This information is not legal advice and should not be treated as such.
The Will County Health Department Tobacco Control & Prevention program is not
responsible for providing any legal advice or documents.
23
TABLE OF CONTENTS
TOBACCO 21 INFOGRAPHIC..................................................................................................................... 3
WILL COUNTY BOARD OF HEALTH RESOLUTION.............................................................................. 5
hleI f_T4l4L91P46y_TOM:I4:111�
NATIONWIDE TREND
WILL COUNTY POLICY MAP.......................................................................................................................... 11
STATES AND LOCALITIES THAT HAVE PASSED T21.................................................................................... 13
HEALTHY TOWNS, HEALTHY KIDS............................................................................................................... 17
CREATING POLICIES/ORDINANCES
MAYWOOD, ILT21 ORDINANCE.................................................................................................................. 23
EXAMPLE DEFINITION OF ELECTRONIC CIGARETTE.................................................................................. 29
GENERAL SAMPLE ORDINANCE................................................................................................................... 30
24
JUALUL
Americans age 17 or
Economists project that
.EGAL
AGE
TO
PURCHI
UOING
in medical costs
M_
001 d
of smokers start
before age 21
of Will County high school seniors
used any tobacco products in the
last 30 days (IYS, 2018)
1 IN 13
Americans age 17 or
Economists project that
younger will die early from a
nationally, Tobacco 21
smoking-related illness
could save $212 BILLION
unless we do something to
in medical costs
reduce their tobacco rates
23Illinois-
09000
Each year, tobacco use costs
Illinois teens alive today will die $5.49 BILLION
prematurely from smokingin
healthcare costs
REALLY??
"Today's teenager is
tomorrow's potential regular
customer, and the
overwhelming majority of
smokers first begin to smoke
1 WIFL SA
$5.27 BILLION
in lost productivity
IVES
TOBACCO 21 is being adopted by hundreds
of communities and will ultimately save
billions in healthcare costs, save lives, and
immediately improve community health.
RESPIRATORY
HEALTH
ASSOCIATION'
Developed with funds paid for by the Illinois Department of Public Health
27
Page 4
Will County Board of Health
Resolution #18-16
Resolution of the Will County Board of Health
Will County, Illinois
SUPPORTING LAWS PROHIBITING THE SALE OF TOBACCO TO ANYONE
UNDER 21
WHEREAS, tobacco use is a contributing factor in the leading causes of death in Will County, including
cancer, heart disease, stroke, and chronic lower respiratory disease, and
WHEREAS, tobacco usage is a significant public health concern and reducing that usage is a goal of
the Will County Health Department, using the Illinois Tobacco -Free Communities Grant and REALITY IL to
prevent usage of tobacco among youth, promote tobacco cessation among youth and adults, eliminate
tobacco -related disparities, and eliminate exposure to secondhand smoke, and
WHEREAS, data from the Centers for Disease Control and Prevention (CDC) show that 95 percent of
adult smokers begin smoking before they turn 21, and that the ages of 18 to 21 are a critical period when many
smokers move from experimental smoking to regular, daily use, and
WHEREAS, a 2015 Institute of Medicine report concludes that raising the minimum legal sale age
(MLSA) for tobacco products nationwide will reduce tobacco initiation, particularly among adolescents aged 15
to 17, and that it will improve health across the lifespan and save lives; and that raising the minimum legal
sales age for tobacco products to 21 nationwide would, over time, lead to a 12 percent decrease in smoking
prevalence, and
WHEREAS, numerous studies demonstrate that raising the MLSA for tobacco products to 21 is an
effective intervention, and
WHEREAS, government agencies, including the Department of Defense, Army, Navy, Marines, and Air
Force have each set goals to become tobacco -free, and military leaders recognize that protecting service
members from early addiction to tobacco is essential to their health, as tobacco use impairs military readiness,
and increases the likelihood of sustained injuries, surgical complications, and delayed wound healing.
NOW THEREFORE, BE IT RESOLVED, that the Will County Board of Health, through its unwavering
commitment to the public's health, supports laws at the municipal and state level that prohibit the sale of
tobacco to individuals under 21 years of age.
DATED THIS -18th day of April 2018.
JameIty
Zelko, Presid nt
Will C Board of Health
Page 5
NN
29
Page 6
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AMERICAN �C... Action H RESPIRATORY
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Learn and Li 'I PHAr
Tobacco 21— Raising the Minimum Legal Sales Age to
Prevent Youth Tobacco Use Initiation
Every year tobacco use COSTS Illinois nearly $2 BILLION in Medicaid spending
Health Impact:
• March 2015, Institute of Medicine study estimates that Tobacco 21 would reduce smoking
among 15-17 year olds by 25% and among 18-20 year olds by 15%
• Preventing smoking before age 18 means fewer long-term smokers, reducing the overall
smoking rates by an estimated 12%
• Young people's brains are particularly susceptible to nicotine addiction while they're
still maturing neurologically.
• 480,000 annual premature deaths in US are caused by tobacco use. 18,300 in Illinois alone.
• Tobacco use causes more premature deaths than AIDS, auto crashes, homicides, alcohol use,
illegal drug use, suicides and fires COMBINED.
Economic Consequences to Illinois:
• Annual health care costs in Illinois directly caused by smoking = $5.49 Billion
• Portion covered by state Medicaid program = $2 Billion
• Illinois residents' state & federal tax burden from smoking -caused government expenditures =
$982 per household
• Smoking -caused productivity losses in Illinois = $5.27 Billion
• Each pack of cigarettes consumed costs our society $18.05 in increased health care and work
related expenditures.
The primary cigarette source for underage smokers is their 18 to 20 year old peers.
• Increasing the legal age of sale would virtually eliminate the ability for high school students to
purchase tobacco products and share those products with younger kids.
Why now?
• After a decade of consistent decreases in tobacco use by teenagers, the National Youth Tobacco
Survey reports that in 2014 overall use of tobacco among youth rose, exposing dangerous new
trends.
• Increased marketing by the tobacco industry of alternative products, such as small cigars,
hookahs, and flavored e -cigarettes has put millions of young people at risk of lifelong deadly
nicotine addiction.
National Support for Tobacco 21:
• A July 2015 CDC study found 75% of U.S. adults, including 70% of current smokers support
Tobacco 21.
30
For more information, please contact Kathy Drea at (217)971-7274 or Kathy.Drea@lung.org or contact
Shana Harrison at (309)645-6909 or sharrison@jandjlegislative.com
Page 7
M
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AMERICAN CancerAction owRESPIRATORY i
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ASSOCIATION. American Ham A—h—Stroke ( ) ASSOCIATION" ?�
A,,,,e,at1„an Aeodatiood s � 9 mQrch ofdimes`'IPHA�o
Learn and Live,
Nationwide momentum: (As of July 2016)
• 170 cities in 13 states, plus the states of Hawaii and California have passed Tobacco 21
legislation.
• Locally: the City of Evanston, the City of Chicago and Oak Park already have a Tobacco 21
ordinance in place.
(**Please see later pages in this toolkit for more updated information regarding this section)
E -cigarettes:
• While youth cigarette smoking in our community and across the country is slowly declining, e -
cigarette use among youth has more than doubled in recent years.
• The health consequences of the use of e -cigarettes and exposure to secondhand e -cigarette
emissions are unknown. There is currently no scientific evidence establishing the safety of e -
cigarettes.
• E -cigarette marketing mirrors strategies used by cigarette companies in the past, which they are
no longer allowed to use because they appeal to youth.
• E -cigarettes produce an aerosol that has nicotine, harmful chemicals, and toxins known to cause
cancer among other things.
• E -cigarettes are NOT approved by the US FDA to help people quit smoking. Scientific studies
are mixed on whether e -cigarettes help people quit using tobacco and nicotine.
The argument: If you can go to war and bear arms at 18 you should have the right to smoke.
• The Department of Defense (DoD) has a goal for tobacco -free installations (bases, posts, etc.) by
2020. Thejoint military base in Hawaii is complying with the state Tobacco 21 law.
• The U.S. Army, the Department of the Navy and the Marine Corps have each announced their
support of Hawaii's new law (source article here: http://www.huffingtonpost.com/entry/hawaii-
becomes-first-state-raise-smoking-age-to-21 us 568577d5e4bOb958f65ba00b)
• Legal age to purchase and consume alcohol on U.S. installations (bases, posts, etc.) is 21.
Other age restrictions:
• Illinois current law requires 21 years of age to buy alcohol, gamble in a casino, to obtain an
Illinois Concealed Carry License. In addition, there are age restriction polices to rent cars and
hotel rooms.
A similar strategy was highly successful in addressing alcohol related problems.
• A national age 21 law for alcohol sales resulted in reduced alcohol consumption among youth,
decreased alcohol dependence and has led to a dramatic reduction in drunk driving fatalities.
31
For more information, please contact Kathy Drea at (217)971-7274 or Kathy.DreaKathy.Drea@lung.org or contact
Shana Harrison at (309)645-6909 or sharrisonsharrison@jandjlegislative.com
Page 8
FACT SHEET
TOBACCO 21
RESPIRATORY
HEALTH
ASSOCIATION'
lungchicago.org
Current tobacco use trends are driving new prevention strategies
In Illinois, 6,300 teens become new daily smokers each year.' In suburban Cook County, 29 percent of
high school seniors use tobacco products.2
While great strides have been made in tobacco prevention, declines in tobacco use rates have slowed
and products like cigarillos, hookah, and e -cigarettes are now used at double the rate of cigarettes .2
Reducing teens' access to tobacco products is a proven means to reduce current use and prevent
initiation.
The age of 21 is important for prevention
• 95 percent of smokers start before the age of 21.3
• The majority of underage tobacco users get their tobacco from a peer; however, 90 percent of those
suppliers are themselves often under the age of 21.4
• Drawing the line at 21 gets legal tobacco purchasers out of high schoolers' social circles.
Tobacco 21 saves lives and improves health
The Institute of Medicine (IOM) projects that Tobacco 21 could reduce overall smoking by 12 percent
by the time today's teenagers become adults; the biggest declines in tobacco use would be seen
among 15-17 year olds (25%) and 18-20 year olds (15%).1
Tobacco 21 would immediately improve community health by reducing inflammation, improving
immune function, and reducing premature births and SIDS.
Based on the IOM report, Tobacco 21 in Illinois would save more than 8,000 lives.
The economic impact of Tobacco 21
• Economists project that nationally, Tobacco 21 could save $212 billion in medical costs.6
• Each year, tobacco use costs Illinois $5.49 billion in health care costs and $5.27 billion in lost
productivity.'
• The impact of Tobacco 21 on retail sales would be minimal since the 18-21 year old age group only
accounts for 2 percent of overall tobacco sales .7
• Applying tobacco economic data to IOM's projected declines in tobacco use resulting from Tobacco
21, Illinois would save more than $2+ billion dollars in future healthcare costs. This doesn't even
include savings in lost productivity costs, which could be nearly as much"
Tobacco 21 enjoys broad support across Illinois and the U.S., even from smokers!
A 2015 CDC study found that 75 percent of adults support Tobacco 21, including 70 percent of
current smokers.$ A recent study also found that 68 percent of 18-24 year olds would support
Tobacco 21.9
More than 300 cities nationally and five states (HI, CA, OR, NJ, ME) have enacted Tobacco 2110
In Illinois, Tobacco 21 has already been adopted by Evanston, Chicago, Oak Park, Highland Park,
Naperville, Deerfield, Maywood, Lincolnshire, Vernon Hills, Berwyn, Buffalo Grove, Elk Grove Village,
Mundelein, Lake County, and Bolingbrook, and is being considered by dozens more communities.
CITATIONS
' Campaign for Tobacco -free Kids. (2017). The Toll of Tobacco in Illinois. Available at http://www.tobaccofreekids.org/facts_issues/toll_us/illinois.
' University of Illinois, Center for Prevention Research & Development. (2016). Illinois Youth Survey. Available at https://iys.cprd.illinois.edu/.
' Centers for Disease Control and Prevention. (2014). Youth and Tobacco Use [fact sheet]. Available at http://www.cdc.00v/tobacco/data_statistics/fact_sheets/youth data/tobacco use/.
° Berman, M., Crane, R., Hemmerich, N. (2015). Running the Numbers - Raising the minimum tobacco sales age to 21 will reduce tobacco use and improve public health in Franklin County, Ohio. The Ohio State
University, College of Public Health, Columbus, OH.
s Institute of Medicine of the National Academies. (2015) Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Available at www.iom.edu/tobaccominimumage.
s Counter Tobacco. (2015). Raising the Minimum Legal Sale Age to 21 [fact sheet]. Available at www.countertobacco.org/raising-minimum-legal-sale-age-21. 32
7 Winickoff, J.P., Hartman, L., Chen, M.L., Gottlieb, M., Nabi, E., DiFranza, J. (2014). Minimum Retail Impact of Raising Tobacco Sales Age to 21. Am J Pub Health, 104(11): e18 -e21.
s King, B.A., Jama, A.O., Marynak, K.L., Promoff, G.R. (2015). Attitudes toward raising the minimum age of sale for tobacco among U.S. adults. Am J Prev Med, 49(4):583-588.
'
Morin, S.R., Winickoff, J.P., Mello, M.M. (2016). Have Tobacco 21 Laws Come of Age? N Eng/ ✓ Med, 374:1601-1604.
10 Campaign for Tobacco -free Kids. (2017). States and Localities that have Raised the Minimum Legal Sale Age for Tobacco Products to 21. Available at http://www.tobaccofreekids.org/content/what_we_do/state_local_
issues/sales _21/states_local ities_MLSA_21.pdf.
11 Campaign for Tobacco -free Kids. (2017). Comprehensive Statewide Tobacco Prevention Programs Save Money. Retrieved from https://www.tobaccofreekids.org/assets/factsheets/0168.pdf.
Page 9
33
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STATES AND LOCALITIES THAT HAVE RAISED THE MINIMUM LEGAL
SALE AGE FOR TOBACCO PRODUCTS TO 21
As of January 8, 2019, six states - California, New Jersey, Massachusetts, Oregon, Hawaii and Maine - have
raised the tobacco age to 21, along with at least 430 localities, including New York City, Chicago, San
Antonio, Boston, Cleveland, Minneapolis, both Kansas Cities and Washington, DC. Some of the localities are
in states that subsequently enacted statewide laws.
States
Hawaii (effective 1/1/16)
California (effective 6/9/16)
New Jersey (effective 11/1/17)
Oregon (effective 1/1/18)
Maine (effective 7/1/18)
Massachusetts (effective 12/31/18)
Localities
Cf:
Page 13
Connecticut (1)
Illinois (cont'd)
Alaska (1)
1. Hartford
30. Wilmette
1. Sitka
Hawaii (1)
Kansas (22)
Arizona (2)
1. Hawaii County
1. Bonner Springs
1. Cottonwood
2. Douglas County2
2. Douglas
Illinois (30)
3. Garden City
1. Arlington Heights
4. Holcomb
Arkansas (3)
2. Aurora
5. Iola
1. Harrison
3. Barrington
6. Johnson County2
2. Helena/West Helena
4. Berwyn
7. Kansas City/Wyandotte Cty
3. Phillips County
5. Bolingbrook
8. Lansing
California (16)'
6. Buffalo Grove
9. Leavenworth
1. Arvin
7. Chicago
10. Leawood
2. Elk Grove
8. Deerfield
11. Lenexa
3. Fairfax
9. Elgin
12. Merriam
4. Healdsburg
10. Elk Grove
13. Mission Hills
5. Kern County
11. Evanston
12. Glen Ellyn
14. Olathe
6. Los Gatos
13. Gurnee
15. Overland Park
7. Novato
14. Highland Park
16. Parsons
8. Palo Alto
15. Hopkins Park
17. Prairie Village
9. San Francisco City/Ctny
16. Lake County2
18 . Roeland Park
10. Santa Clara County
17. Lake Zurich
19. Shawnee County2
11. Santa Cruz County
18. Lincolnshire
20. Topeka
12. Saratoga
19. Maywood
21. Westwood Hills
13. Scotts Valley
20. Mundelein
22. Westwood
14. Sonoma County
21. Naperville
Maine (1)
15. South EI Monte
22• Normal
1. Portland
16. South Pasadena
23. Oak Park
Colorado (4)
24. Peoria
Massachusetts (231)4
1. Aspen
25. Riverwoods
1. Acton
2. Avon
26. Skokie
2. Acushnet
3. Basalt
27. Vernon Hills
3. Adams
4. Carbondale
28. Washington
4. Agawam
29. Wheaton
5. Amesbury
6. Amherst
Cf:
Page 13
Massachusetts (cont'd)
Massachusetts (cont'd)
Massachusetts (cont'd)
7. Andover
62. Essex
117. Marshfield
8. Arlington
63. Everett
118. Mashpee
9. Ashburnham
64. Fall River
119. Maynard
10. Ashby
65. Falmouth
120. Medfield
11. Ashland
66. Fitchburg
121. Medford
12. Athol
67. Foxboro
122. Medway
13. Attleboro
68. Framingham
123. Melrose
14. Avon
69. Franklin
124. Mendon
15. Ayer
70. Georgetown
125. Methuen
16. Barnstable
71. Gill
126. Middleton
17. Bedford
72. Gloucester
127. Milford
18. Belchertown
73. Grafton
128. Millbury
19. Bellingham
74. Great Barrington
129. Millis
20. Belmont
75. Greenfield
130. Milton
21. Beverly
76. Groton
131. Montague
22. Billerica
77. Hadley
132. Nantucket
23. Blackstone
78. Halifax
133. Natick
24. Bolton
79. Hamilton
134. Needham
25. Boston
80. Hanover
135. New Bedford
26. Bourne
81. Harvard
136. Newton
27. Braintree
82. Harwich
137. Norfolk
28. Brewster
83. Hatfield
138. North Adams
29. Bridgewater
84. Haverhill
139. North Andover
30. Brimfield
85. Hingham
140. North Attleboro
31. Brockton
86. Hinsdale
141. Northborough
32. Brookline
87. Holbrook
142. Northbridge
33. Buckland
88. Holden
143. Northampton
34. Burlington
89. Holliston
144. North Reading
35. Cambridge
90. Holyoke
145. Norton
36. Canton
91. Hopedale
146. Norwell
37. Carver
92. Hopkinton
147. Norwood
38. Charlemont
93. Hudson
148. Oak Bluffs
39. Chatham
94. Hull
149. Orange
40. Chelmsford
95. Ipswich
150. Orleans
41. Chelsea
96. Kingston
151. Otis
42. Chicopee
97. Lancaster
152. Oxford
43. Chilmark
98. Lanesborough
153. Palmer
44. Clinton
99. Lawrence
154. Peabody
45. Cohasset
100. Lee
155. Pembroke
46. Concord
101. Lenox
156. Pittsfield
47. Conway
102. Leominster
157. Plainville
48. Danvers
103. Leverett
158. Plymouth
49. Dartmouth
104. Lexington
159. Provincetown
50. Dedham
105. Lincoln
160. Quincy
51. Deerfield
106. Littleton
161. Randolph
52. Dighton
107. Longmeadow
162. Raynham
53. Dover
108. Lowell
163. Reading
54. Dracut
109. Ludlow
164. Revere
55. Duxbury
110. Lynn
165. Rockland
56. East Longmeadow
111. Lynnfield
166. Rockport
57. Eastham
112. Malden
167. Rowley
58. Easthampton
113. Mansfield
168. Rutland
59. Easton
114. Marblehead
169. Salem
60. Edgartown
115. Marion
170. Salisbury
61. Egremont
116. Marlborough
171. Saugus
2
Page 14
37
Massachusetts (cont'd)
Massachusetts (cont'd)
New Hampshire (2)
172. Scituate
227. Winchester
1. Dover
173. Sharon
228. Winthrop
2. Keene
174. Sheffield
229. Woburn
175. Shelburne
230. Worcester
New Jersey (28)
176. Sherborn
231. Yarmouth
1. Belleville
177. Shrewsbury
2. Bergenfield
178. Somerville
Michigan (2)
3. Bloomingdale
179. South Hadley
1. Ann Arbor
4. Bogota
180. Southampton
2. Genesee County'
5. Bradley Beach
181. Southborough
6. Cedar Grove
182. Southbridge
Minnesota
7. East Orange
183. Southwick
ton
1. Bloomington
8. East Rutherford
184. Spencer
2. Brooklyn Center
9. Englewood
185. Springfield
3. Eden Prairie
10. Fairlawn
186. Stockbridge
4. Edina
11. Garfield
187. Stoneham
5. Excelsior
12. Haledon
188. Stoughton
6. Falcon Heights
13. Hanover
189. Stow
7.
14. Highland Park
190. Sturbridge
8. Lauderdale
LauderHermadale
15. Maplewood
191. Sudbury
9. Mendota Heights
16. Oradell
192. Sunderland
10. Minneapolis
17. Paterson
193. Sutton
11. Minnetonka
18. Princeton
194. Swampscott
12. North Mankato
19. Raritan
195. Swansea
13. Otter Tail County
20. Rutherford
196. Taunton
14. Plymouth
21. Sayreville
197. Templeton
15. Pope County
22. Teaneck
198. Tewksbury
16. Richfield
23. Tenafly
199. Tisbury
17. Roseville
24. Trenton
200. Topsfield
18. Shoreview
25. Union City
201. Townsend
19. St. Louis Park
26. West Orange
202. Tyngsboro
20. St. Peter
27. Westwood
203. Uxbridge
21. Waseca
28. Wyckoff
204. Wakefield
205. Walpole
Mississippi (1)
New York (25)
206. Waltham
1. Adams County2
1. Albany County
207. Wareham
Missouri (17)
2. Baxter Estates
208. Watertown
1. Columbia
3. Cattaraugus County
209. Wayland
2. Crestwood
4. Chautauqua County
210. Wellesley
3. Des Peres
5. Cortland County
211. Wellfleet
4. Excelsior Springs
6. Essex County
212. Westboro
5. Gladstone
7. Great Neck Plaza
213. West Boylston
6. Grandview
8. Hempstead
214. Westfield
7. Independence
9. Long Beach
215. Westford
8. Jackson County2
10. Nassau County
216. Weston
9. Jefferson City
11. New Castle
217. Westport
10. Kansas City
12. New York City
218. West Tisbury
11. Lee's Summit
13. North Hempstead
219. Westwood
12. Liberty
14. Onondaga County
220. Weymouth
13. Parkville
15. Orange County
221. Whately
14. Peculiar
16. Port Washington North
222. Whitman
15. Raymore
17. Putnam County
223. Wilbraham
16. St. Louis City
18. Rockland County
224. Williamstown
17. St. Louis County
19. Schenectady County
225. Wilmington
20. Suffolk County
226. Winchendon
21. Sullivan County
191
Page 15
New York (cont'd)
22. Tompkins County
23. Ulster County
24. Westchester County
25. Williston Park
Ohio (20)
1. Akron
2. Bexley
3. Cincinnati
4. Cleveland
5. Cleveland Heights
6. Columbus
7. Dublin
8. Euclid
9. Grandview Heights
10. Green
11. Kent
12. Mogadore
13. New Albany
14. Norton
15. Powell
16. Richfield
17. Twinsburg
18. Upper Arlington
19. Wickliffe
20. Worthington
Oregon (1)
1. Lane County
Rhode Island (2)
1. Barrington'
2. Central Falls
Texas (1)
1. San Antonio
Washington, DC
'CA localities courtesy of ANR
2 Only applies to unincorporated areas of
the County
3Challenged in court
4 MA localities courtesy of the Municipal
Tobacco Control Technical Assistance
Program
Page 16
4
WE
TOBACCO21
"HEALTHYTOWNS, HEALTHY KIDS."„
.m
Page 17
IT'S SIMPLE MATH:
Raising the minimum tobacco sales age to 21 will dramatically reduce tobacco use.
Just 2% of tobacco sales help produce 90% of new smokers.
Cigarette sales to those under 21 account for only 2.12% of total sales. But, because 90% of smokers start by
the age of 21, these are the very sales that help lead to 9 out of every 10 new smokers. This means that the impact on
store owners will be minimal and will only affect a very small percentage of their tobacco sales in the short term.'
Raising the minimum tobacco sales age to 21 can reduce smoking rates to single digits.
Only 10% of smokers start at the age of 21 or older.2 If the current smoking rate is about 20%,3 then by simple
math, if someone reaches the age of 21 as a non-smoker, that individual has only a 2% chance of becoming a
smoker (.1 X.2 =.02=2%).
This strategy is already working.
In 2005, Needham, MA voted to raise and enforce theminimum tobacco sales age of 21. In 2006, before full
enforcement, the town had a youth smoking rate of 13% compared with 15% in the surrounding communities. By
2010, the youth smoking rate in Needham was down to 6.7% while the surrounding communities'rate only
decreased to 12.4%. The percent decline in youth smoking in Needham was nearly triple that of its neighbors 4
Many people who purchase for distribution to minors are between the ages of 18 and 20.5
Since most students do not reach twenty-one years of age while still enrolled in high school, increasing the legal
age of sale would greatly reduce the number of students who could purchase tobacco products. By decreasing
the number of eligible buyers in high school, this action will help reduce youth smoking by decreasing the
access of students to tobacco products.
A similar strategy was highly successful in addressing alcohol sales.
A national age 21 law for alcohol sales resulted in reduced alcohol consumption among youth, decreased alcohol
dependence, and has led to dramatic reductions in drunk driving fatalities6'7 At the time, some critics of the policy
argued that because 18 year-olds can vote and enlist in the military, they should be allowed to be sold alcohol.
Despite these arguments, the increase in the minimum sales age for alcoholic beverages has saved tens of
thousands of lives of young drivers, their passengers, and others on the road. $
Win ickoffJP, Hartman L, Chen ML, Gottlieb M, Nabi-Burza E, DiFranza JR. Minimal Retail Impact of Raising Tobacco Sales Age to 21. American Journal of Public Health. 2014. In Press.
,This is a conservative estimate. Centers for Disease Control and Prevention. National Center for Health Statistics. National Health Interview Survey, 2008. Analysis by the American Lung
Association, Research and Program Services Division using SPSS software.
'CDC. Morbidity and Mortality Weekly Report. "Current Cigarette Smoking. Among Adults — United States, 2011 November 9,2012.61(44);889-894.
Analysis of 2011 Youth Risk Behavior Surveillance System (YRBSS) data by Jonathan P. Winickoff, MD, MPH, Associate Professor of Pediatrics, Harvard Medical School.
'Difranza JR, Wellman RJ, Mermelstein R, et al. The natural history and diagnosis of nicotine addiction. Current Reviews in Pediatrics. 2011;7(2):88-96.
e Wagenaar AC. Minimum drinking age and alcohol availability to youth: Issues and research needs. In: Hilton ME, Bloss G, eds. Economics and the Prevention of Alcohol -Related Problems. Natio41
Institute on Alcohol Abuse and Alcoholism (NIAAA) Research Monograph No. 25, NIH Pub. No. 93-3513. Bethesda, MD: NIAAA; 1993:175-200.
DeJong W, Blanchette J. "Case Closed: Research Evidence on the Positive Public Health Impact of the Age 21 Minimum Legal Drinking Age in the United States."J. Stud. Alcohol Drugs, Supplement
7,108-115, 2014.
' NHTSA's National Center for Statistics and Analysis, March 2005. Washington, DC, U.S., DOT.
Page 18
T21�1
THE VULNERABLE TEEN/YOUNG ADULT BRAIN
Nearly 90% of smokers started smoking by age 20.'
Scientific study of the brain is increasingly showing a distinct gap between when we are physiologically
mature and neurobiologically mature.2
In fact, there could be as much as a 4-7 year difference. During this period the brain continues to be highly
vulnerable.2
The minimum age of military service does not equal readiness to enlist in a lifetime of smoking.
ETHESCIENCE OF BRAIN WIRING
From neuroscience experiments, we know that the frontal lobe - the seat of human judgment - is not fully wired
until age 25.1 This is why some describe the period from 18-25 years as emerging into adulthood.! During this
critical period, the brain remains especially vulnerable to tobacco addiction.'
Delaying the age of initiation of nicotine significantly prevents a lifetime of addiction.
99% of lifetime smokers started smoking before the age of 26.1
Tobacco affects the development of the brain in areas of addiction during this vulnerable period. 'S
The tobacco industry knew all of this as early is 1986
"Raising the legal minimum age for cigarette purchaser to 21 could
gut our key young adult market..."
-Philip Morris report, January 21, 19866
Brain health is public health
' SAMHSA. Calculated based on the data in the 2011 National Survey on Drug Use and Health.
'The Surgeon General Report. 2012."Preventing Youth Tobacco Use.
http://www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/factsheet.html.
'Crews et al, Adolescent Cortical Development: A Critical Period of vulnerability for addiction; Pharmacol Biochem Beh, 2007, pages 189-199.
'Morales et al, Cigarette Exposure, Dependence & Craving are Related to Insula Thickness in Young Adult Smokers; Nature/Neuropsychopharmacology, 2014, pages 1-7 42
5U. S. Department of Health and Human Services. "The Health Consequences of Smoking —50 Years of Progress: A Report of the Surgeon General "Atlanta, GA: U.S.
Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on
Smoking and Health, 2014.
'Philip Morris Discussion Draft of Sociopolitical Strategy http://legacy.1ibrary.ucsf.edu/tid/aba84e00/pdf
Page 19
=T2
RESPONSES TO CONVENIENCE STORE OWNERS'CONCERNS
Big tobacco (RJR and Philip Morris USA) have been working through the retailers.
The arguments you may hear:
We will go out of business.
When Needham increased the sales age to 21 in 2005 not a single convenience store went out of business.
Restaurant and bar owners had the same fear when smoking was banned, and this did not happen.'
Tobacco sales to 18-20 year olds are only 2% of retail tobacco sales.2
CVS and Target have decided to stop selling all tobacco products, leaving more tobacco business for
convenience stores.
We make our profits from the ancillary purchases (milk and bread) when people come in to buy cigarettes.
98% of tobacco sales and all associated ancillary purchases will be unaffected.2
18-20 year olds will have more money for other in-store purchases that are not tobacco.
They will just go to other towns and we will lose business.
Lower smoking rates are better for business.
A city or town that creates fewer smokers will have higher socioeconomic status, better health status, betterjobs,
and better quality of life for all residents.'
Research has shown a minimal retail impact of raising the sales age to 21.2
In fact, since 2005 in Needham, there is no evidence for youth traveling to other towns to purchase tobacco.
Each town that goes to 21 increases the likelihood that the surrounding towns will also to go to 21.
Small decreases in youth access to retail tobacco are strongly associated with lower tobacco use.
The key point is that youth will quit or use less tobacco, and those who don't smoke are less likely to start.','
We want this to go to the state legislature to make it a level playing field.
The banning of tobacco in bars and restaurants was won on the local level first before it went to the state.
This is a ploy by the Tobacco Industry.
When Utah's Senator Reid was asked why Tobacco21 didn't pass at the state level, he explained it to us in
three words: "The Tobacco Lobby."
' Hahn, EJ, "Smokefree Legislation: A Review of Health and Economic Outcomes Research;' American Journal of Preventive Medicine 39(651):566-S76, 2010.
2 WinickoffJP, Hartman L, Chen ML, Gottlieb M, Nabi-Burza E, DiFranza JR. Minimal Retail Impact of Raising Tobacco Sales Age to 21. American Journal of Public Health. 2014. In Press.3 2
U.S. Department of Health and Human Services."The Health Consequences of Smoking 50 Years of Progress: A Report of the Surgeon Genera l"Atlanta, GA: U.S. Department of 43
Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014.
'Scully M, Mcarthy M, Zacher M, Warne C, Wakefield M, White V. Density of tobacco retail outlets near schools and smoking behavior among secondary school students. Aust New
Zealand J Pub Health. 2013;37(6):574-78.
=Henriksen L, Feighery EC, Schleicher NC, Cowling DW, Kline RS, Fortmann SP. Is adolescent smoking related to the density and proximity of tobacco outlets and retail cigarette
advertising near schools? Prev Med. 2008 Aug;47(2):210-4. Page 20
IT211
THE MILITARY/AGE RESTRICTION ARGUMENT
What you can't do until you are 21 years or older:
Buy alcohol
During the Vietnam era, 29 states lowered the alcohol purchase age to 18 and highway death rates
made a significant climb. Raising the sales age back to 21 caused the death rate to drop
significantly.'
Casino gambling
Get a'license to carry' gun permit.
Rent a car (must be age 25 - crash rates don't drop significantly until then)
Renta hotel room in some hotels.
The argument: If you can go to war and bear arms at 18 you should have the
right to smoke.
Response: The minimum age of military service does not equal readiness to
enlist in a lifetime of smoking.
IN FACT:
The U.S. Army Surgeon General says soldiers who smoke are less combat ready and take
longer to hea1.2
The U.S. Military is taking steps to ban all tobacco sales on military bases. Easy access to
cigarettes has led to a 33.6% smoking rate among active duty military. 2
Years of studies, including a comprehensive study on 9.3 million military beneficiaries, have
revealed lung cancer mortality rates are double among Veterans.3
Veterans who served to protect our freedom but contracted emphysema from addiction to
the discounted cigarettes in the military have lost their freedom 4
' DeJong et Blanchette: Case Closed: Research Evidence on the Positive Public health Impact of Age 21 MLDA in the US, Journal of Studies On Alcohol and Drugs/ Supplement
No 17.2014 pg 108-115 44
http://www.army.miI/standto/archive/issue.php?issue=2012-11-20
'A Study of Cancer in the Military Beneficiary Population, Guarantor: Raymond Shelton Crawford III, MD MBA, Contributors: Raymond Shelton Crawford III, MD MBA; Julian Wu, MD MPH; Dae Park,
MD; Galen Lane Barbour, MD; Military Medicine, Vol. 172, October 2007
lhttp://www.iom.ed u/—/media/Fi les/Re port%20Fi les/2009/M i I ita ryS moki ng Cessation/Combating%20Tobacco%20M i I ita ry%20for%20web.pdf
Page 21
45
Page 22
ORDINANCE NO. CO -2017-15
AN ORDINANCE AMENDING
TITLE XI ("BUSINESS REGULATIONS"), CHAPTER 116 ("TOBACCO")
OF THE VILLAGE OF MAYWOOD CODE OF ORDINANCES
TO INCREASE THE MINIMUM AGE
OF SALE, PURCHASE AND POSSESSION OF TOBACCO PRODUCTS
FROM EIGHTEEN (18) YEARS OF AGE TO TWENTY-ONE (21) YEARS OF AGE,
AND REGARDING TOBACCO LICENSING AND ENFORCEMENT
WHEREAS, at the time of passage of this Ordinance, tobacco use remains a
leading cause of preventable premature death in the United States, killing nearly
half -a -million Americans and costing the nation almost $200 billion in healthcare
expenses and lost productivity each year; and
WHEREAS, tobacco use also increases the risks of heart disease, stroke,
asthma, emphysema, pre -term delivery, low birth weight, lung cancer and many other
types of cancer; and
WHEREAS, cigarettes are the only consumer products that, when used exactly
as intended, kill up to one-third of regular users; and
WHEREAS, ninety-five percent (95%) of all adult smokers start smoking before
they turn twenty-one (21) years old, the transition from experimental to regular smoking
typically occurs around twenty (20) years old, and most people who are not smokers by
twenty-one (21) years of age do not start smoking later in their lives; and
WHEREAS, there is strong evidence that people who begin smoking at an early
age are more likely to develop a severe addiction to nicotine than those who start at a
later age; and
WHEREAS, raising the legal sales age for cigarettes and tobacco products will
reduce access to those products in stores among young adults between eighteen (18)
and twenty-one (21) years old, and among youth who are younger than eighteen (18)
years old; and
WHEREAS, raising the sales age will reduce access to cigarettes and tobacco
products by youth because youth often acquire such products from older friends:
ninety percent (90%) of people purchasing cigarettes for minors are between
eighteen (18) and twenty (20) years old; and
WHEREAS, other jurisdictions that have increased the minimum sales age for
cigarettes and tobacco products include the City of Evanston, the Village of Oak Park
and the City of Chicago; and
3784511
Page 23
M.
WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970 provides
that the "powers and functions of home rule units shall be construed liberally," and was
written "with the intention that home rule units be given the broadest powers possible,"
Scadron v. City of Des Plaines, 153 111.2d 164 (1992); and
WHEREAS, pursuant to 65 ILCS 511-2-1, the Village of Maywood (the "Village")
may make all rules and regulations to carry into effect the powers granted to the Village,
such broad and general grant of authority complementing the Village's home rule
powers; and
WHEREAS, the Village Board therefore finds that establishing a minimum
sales age of twenty-one (21) for the legal purchase and sale of tobacco products will
reduce smoking and tobacco use among youth and young adults, and decrease the
likelihood that persons under the age of twenty-one (21) will become smokers later in
life; and
WHEREAS, the Village Board further finds that the increase in the minimum
sales age will also reduce high school students' opportunities to access tobacco
products from sellers and will augment existing tobacco prevention and control
programs and improve the general health of Maywood residents; and
WHEREAS, the Village Board finds that increasing the minimum age for the
sale, purchase and possession of tobacco products, and regulating the continued
licensing of retail tobacco dealers at locations where repeat violations regarding
tobacco sales have occurred, are important to maintaining public safety and are
within the Village's power to regulate, and that these amendments further the public
health, welfare and safety, and are in the best interests of the Village, its residents and
the public.
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MAYWOOD, COOK COUNTY, ILLINOIS, PURSUANT TO THEIR HOME
RULE AUTHORITY, SET FORTH AT ARTICLE VII, SECTION 6 OF THE ILLINOIS
CONSTITUTION OF 1970, AS FOLLOWS:
SECTION 1: The above Whereas paragraphs are incorporated as if fully set
forth herein as material terms and provisions.
SECTION 2: Chapter 116 (Tobacco), Section 116.01 (Legislative Findings and
Declarations) of the Maywood Village Code is amended to read in its entirety as follows:
§ 116.01 LEGISLATIVE FINDINGS AND DECLARATIONS.
The Village President and Board of Trustees expressly find and declare that:
(A) (1) Cigarette smoking is dangerous to human health;
3784511 2 47
Page 24
(2) There exists substantial scientific evidence that the use of tobacco
products causes cancer, heart disease and various other medical disorders;
(3) The Surgeon General of the United States has declared that nicotine
addiction from tobacco is similar to addiction to cocaine, and is the most widespread
example of drug dependence in this country;
(4) The Director of the National Institute on Drug Abuse concluded that the
majority of Americans who die each year from cigarette smoking became addicted to
nicotine as adolescents before the age of legal consent;
(5) The National Institute on Drug Abuse found that cigarette smoking
precedes and may be predictive of adolescent illicit drug use; and
(6) The Village finds that establishing a minimum sales age of twenty-
one (21) for the legal purchase and sale of tobacco products will reduce smoking and
tobacco use among youth and young adults and decrease the likelihood that
persons, under the age of twenty-one (21) will become smokers or electronic
cigarette users later in life. present legislative SGheFne of nrnhihiting sales of tebaGGo
predUGtS t0 peFsens under the age of 18 has proven ineffeGtiv sUGh
persons fmm using to baGGG
(B) The enactment of this chapter directly pertains to and is in furtherance of the
health, welfare and safety of the residents of the Village, particularly those residents
under 4$ 21 years of age.
SECTION 3: Chapter 116 (Tobacco), Section 116.08 (Regulations on Sales or
Distribution of Tobacco Products) of the Maywood Village Code is amended to read at
subsections (A), (B) and (C) as follows:
§ 116.08 REGULATIONS ON SALES OR DISTRIBUTION OF TOBACCO
PRODUCTS.
(A) Age restriction. It shall be unlawful for any person, including any licensee or
retailer, to sell, offer for sale, give away or deliver tobacco products to any person under
the age of 4-9 21 years.
(B) Proof of identification. Each licensee shall request and examine the
photographic identification of any person purchasing tobacco products so as to verify
that the purchaser is 4-6 21 years of age or older.
(C) Required signs. Signs informing the public of the age restrictions provided for
herein shall be posted by every licensee at every display of tobacco products which
offers tobacco products for sale or which is visible by any customer. Each such sign
shall be plainly visible and shall state:
378451_1 3
Page 25
"THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN TWENTY-
ONE YEARS OF AGE IS PROHIBITED BY LAW."
The text of such signs shall be in red letters on a white background, said letters to be at
least 1- inch high.
SECTION 4: Chapter 116 (Tobacco), Section 116.09 (Minimum Age to Sell
Tobacco Products) of the Maywood Village Code is amended to read in its entirety as
follows:
§ 116.09 MINIMUM AGE TO SELL TOBACCO PRODUCTS.
It shall be unlawful for any licensee or any officer, associate, member, representative,
agent or employee of such licensee, to engage, employ or permit any person under 4-8
21 years of age to sell tobacco products in any licensed premises.
SECTION 5: Chapter 116 (Tobacco), Section 116.10 (Purchase or Possession
by Minors Prohibited) of the Maywood Village Code is amended to read in its entirety as
follows:
§ 116.10 PURCHASE OR POSSESSION BY MINORS PERSONS UNDER AGE 21
PROHIBITED.
(A) Purchase prohibited. It shall be unlawful for any person under the age of 4-9 21
years to purchase tobacco products, or to misrepresent their identity or age, or to use
any false or altered identification for the purpose of purchasing tobacco products.
(B) Possession prohibited. It shall be unlawful for any person under the age of 1$ 21
years to possess any tobacco products, provided that the posse6sion by a pars ren under
the age of 18 yea-- under the d'reGt SUPeNiSiGn of the paFent or guardiaR of GUE;h
. the pFivaGy ef the parent's or guardian's home shall Rot be pmhibi
C Any law enforcement officer who finds a person under twenty-one21 ears of
age to be in possession of a tobacco product is authorized to seize and destroy the
tobacco product.
SECTION 6: Chapter 116 (Tobacco) of the Maywood Village Code is amended
by inserting new Section 116.13 (Post -Enforcement Matters), to read in its entirety as
follows:
§ 116.13 POST -ENFORCEMENT MATTERS.
(A) During a twelve (12) month period following the revocation of a tobacco dealer's
license for a business operating at a location within the Village, the Village shall not
378451_1
Page 26
we
consider orapprove-any applicant fora new tobacco dealer's license at that same
location.
SECTION 7: To the extent necessary, all table of contents, indexes, headings
and internal references or cross-references to sections contained in the Maywood
Village Code, as amended, that have been deleted or amended by the Code
Amendments set forth above, shall be amended by the Village's codifier so as to be
consistent with the Code Amendments of this Ordinance.
SECTION 8: Each section, paragraph, clause and provision of this Ordinance is
severable, and if any provision is held unconstitutional or invalid for any reason, such
decision shall not affect the remainder of this Ordinance, nor any part thereof, other
than that part affected by such decision.
SECTION 9: Except as to the Code amendments set forth above in this
Ordinance, all Chapters and Sections of the Maywood Village Code, as amended, shall
remain in full force and effect.
SECTION 10: This Ordinance shall be in full force and effect from and after its
adoption, approval and publication in the manner provided by law.
ADOPTED this 2nd day of May, 2017, pursuant to a roll call vote as follows:
AYES: Mayor Edwenna Perkins, Trustee(s) H. Yarbrough, Sr., I. Brandon,
A. Dorris, M. Rogers, M. L.ightford and R. Rivers.
NAYS: None
ABSENT: None
APPROVED by me this 4th day of May, 2017, and attested by the Village Cleric
on the same day.
378451_1
Page 27
50
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
CLERK'S. CERTIFICATE
I, Viola Mims, Clerk of the Village of Maywood, in the County of Cook and State
of Illinois, certify that the attached and foregoing is a true and correct copy of that certain
Ordinance now on file in my Office, entitled:
ORDINANCE NO. CO -2017-15
AN ORDINANCE AMENDING
TITLE XI ("BUSINESS REGULATIONS"), CHAPTER 116 ("TOBACCO")
OF THE VILLAGE OF MAYWOOD CODE OF ORDINANCES
TO INCREASE THE MINIMUM AGE
OF SALE, PURCHASE AND POSSESSION OF TOBACCO PRODUCTS
FROM EIGHTEEN (18) YEARS OF AGE TO TWENTY-ONE (21) YEARS OF AGE,
AND REGARDING TOBACCO LICENSING AND ENFORCEMENT
which Ordinance was passed by the Board of Trustees of the Village of Maywood at a
Regular Village Board Meeting on the 2" d day of May, 2017, at which meeting a quorum
was present, and approved by the President of the Village of Maywood on the 4th day of
May, 2017.
further certify that the vote on the question of the passage of said Ordinance by
the Board of Trustees of the Village of Maywood was taken by Ayes and Nays and
recorded in the minutes of the Board of Trustees of the Village of Maywood, and that the
result of said vote was as follows, to -wit:
AYES: Mayor Edwenna Perkins, Trustee(s) H. Yarbrough, Sr., I. Brandon,
A. Dorris, M. Rogers, M. Lightford and R. Rivers.
NAYS: None
ABSENT: None
do further certify that the original Ordinance, of which the foregoing is a true
copy, is entrusted to my care for safekeeping, and that I am the lawful keeper of the
same.
3784511
Page 28
Example Definition of Electronic Cigarettes
Definition written by the Illinois Attorney
General's Office in 2018
"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.
52
Page 29
Tobacco Control
Legal Consortium '
Sample Ordinance Creating a Minimum Legal Sales Age of 21
for Tobacco Products
Tobacco products kill half a million Americans each year. Youth access to tobacco products
compounds this problem because young people exposed to nicotine are particularly likely to
become lifelong users. In 1992, Congress took a step to address this issue with the Synar
Amendment, which penalizes states that do not effectively prohibit the distribution of tobacco
products to minors. Recently, many communities, including the state of Hawaii, have gone even
further to restrict youth access by raising the minimum legal sales age ("MLSA"), prohibiting the
sale of tobacco products to people under the age of 21. A large majority of Americans supports
raising the MLSA for tobacco products to 21, and evidence suggests that doing so will lower
smoking rates while only minimally impacting retail tobacco sales.
A strong tobacco MLSA 21 ordinance would contain the following:
✓ A definition of tobacco products that includes current and future tobacco products;
✓ A prohibition on the distribution of tobacco products to recipients under the age of 21;
✓ A requirement that tobacco retailers post notices stating that no person under the age of
21 may purchase tobacco products; and
✓ Authority for the county or municipality to inspect distributors for compliance.
The Tobacco Control Legal Consortium has created the following sample ordinance to assist
counties and municipalities that are considering a measure to raise the minimum legal sales age
for tobacco products. The document provides detailed annotations explaining the reasoning
behind the policy language, and is intended to be used only as a guide. Each county or
municipality should consider modifications that reflect local needs and situations. Be sure to
review your policy with an attorney familiar with the laws of your jurisdiction to ensure
consistency with other laws in your jurisdiction, especially if you change terms or delete
provisions. You might also want to research to what extent state authority might preempt any
part of your ordinance, and to what extent your ordinance might conflict with other local
authority.
The Consortium's publication Raising the Minimum Legal Sale Age for Tobacco and Related
Products provides an in-depth discussion about legal issues related to raising the tobacco MLSA.
For more information about general policy drafting, please refer to our website at
www.publichealthlawcenter.org and our Policy Drafting Checklists. The Consortium also offers
training to certain local communities on effective drafting methods, and may be able to review a
draft of your ordinance. Please check our website at www.publichealthlawcenter.org for the
latest version of this model ordinance. To request assistance or provide suggestions, e-mail
publichealthlaw(amitchellhamline. edu.
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Sample Ordinance Creating a MLSA of 21 for Tobacco Products / 2
I. Findings of Fact and Purpose
a. [County/municipality] recognizes that the use
of tobacco products has devastating health and
economic consequences.
b. Tobacco use is the foremost preventable cause
of premature death in America.' It causes half
a million deaths annually2 and has been
responsible for 20.8 million premature deaths
in the U.S. over the past 50 years since the first
Surgeon General's report on smoking in 1964.3
c. This leads to more than $300 billion in health
care and lost worker productivity costs each
year.4
d. [County/municipality] further recognizes that
young people are particularly susceptible to
the addictive properties of tobacco products,
and are particularly likely to become lifelong
users.
e. An estimated 5.6 million youth aged 0 to 17
are projected to die prematurely from a
tobacco -related illness if prevalence rates do
not change.5
Findings:
The purpose of including
findings in a tobacco MLSA
21 ordinance is to clearly
identify the problems to be
addressed with the policy.
Findings can provide
guidance to not only the
policy drafters and decision
makers, but the readers of the
policy as well.
Common findings associated
with a comprehensive
tobacco MLSA policy will
identify health concerns and
other problems related to use
and/or access to tobacco.
Findings specific to your
jurisdiction, such as use rates
among local teens and young
adults, will provide further
rationale for your ordinance.
f. National data show that 95 percent of adult smokers begin smoking before they
turn 21. The ages of 18 to 21 are a critical period when many smokers move from
experimental smoking to regular, daily use.6
g. Young minds are particularly susceptible to the addictive properties of nicotine.
Tobacco industry documents show that those who start smoking by the age of 18
are almost twice as likely to become lifetime smokers as those who start after they
turn 2 L'
h. Electronic smoking device use among minors
has recently tripled.9
i. In 2015, the Institute of Medicine concluded
that raising the minimum legal sales age for
tobacco products nationwide will reduce
tobacco initiation, particularly among
adolescents aged 15 to 17, improve health
Electronic Smoking
Devices:
This finding supports the
inclusion of electronic
smoking devices in the sales
restriction.
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Page 31
54
Sample Ordinance Creating a MLSA of 21 for Tobacco Products / 3
across the lifespan, and save lives; and that raising the minimum legal sales age
for tobacco products nationwide to 21 would, over time, lead to a 12 percent
decrease in smoking prevalence. 10
j. The Institute of Medicine also predicts that raising the minimum legal sales age
for tobacco products nationwide to 21would result in 223,000 fewer premature
deaths, 50,000 fewer deaths from lung cancer, and 4.2 million fewer years of life
lost for those born between 2000 and 2019, and would result in near immediate
reductions in preterm birth, low birth weight, and sudden infant death syndrome.l 1
k. A growing number of communities, including
the state of Hawaii, have enacted MLSA 21
laws to further restrict access to tobacco. 12
Three-quarters of adults favor raising the
MLSA for tobacco products to 21, including
seven in ten smokers. 13
in. The financial impact of tobacco MLSA 21
ordinances on retailers is likely to be minimal,
decreasing tobacco sales by only 2%.14
n. Raising the minimum age to purchase tobacco
products is consistent with raising the legal
drinking age to 21, which led to reduced alcohol
use and dependence among youth, and contributed
to the decline in drunk driving fatalities. 15
o. [County/municipality] adopts the following
tobacco MLSA 21 ordinance to reduce tobacco
use by keeping tobacco products out of the hands
of young people.
II. Jurisdiction
Retail impact:
Tobacco retailers may
oppose a tobacco MLSA 21
ordinance out of concern that
they may lose business. This
finding addresses that
concern.
Legal drinking age:
Raising the legal drinking
age to 21 has had
significant public health
benefits. Raising the
tobacco MLSA to 21 may
have similar benefits.
Pursuant to [provide applicable citation], this ordinance applies throughout [describe
area subject to regulation].
Jurisdiction:
Some ordinances include a description of where the regulations that follow will apply.
This type of provision can be particularly important when one type of local government
(such as a county) has the authority to enforce its regulation within another unit of
government (such as a city or village).
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Sample Ordinance Creating a MLSA of 21 for Tobacco Products / 4
III. Definitions
As used in this ordinance:
Definitions:
A thorough definitions section explains the language and wording used in an ordinance
and also helps ensure the language is consistent throughout the entire document. A well -
thought -out definition section can help reduce ambiguity and confusion. For example,
defining "tobacco products" is important so those responsible for enforcing the policy
know what products are included. This is critical because the tobacco industry is
developing new ways to deliver nicotine to users.
Before writing a definitions section, you need to determine to what extent your county or
municipality has the power to define terms. It is also important to see if any of these terms
are already defined in other local authority. If one or more of these terms are defined
differently, you might consider using an alternative term to avoid confusion.
a. "Distribute" or "Distribution" means to
furnish, give, provide, or to attempt to do so,
whether gratuitously or for any type of
compensation.
b. "Distributor" means a person who
distributes a tobacco product.
"Electronic smoking device" means any device
that can be used to deliver aerosolized or
vaporized nicotine to the person inhaling from
the device, including, but not limited to, an e -
cigarette, e -cigar, e -pipe, vape pen or e -hookah.
Electronic smoking device includes any
component, part, or accessory of such a device,
whether or not sold separately, and includes any
substance intended to be aerosolized or
"Distribute" and
"distributor" are common
terms in local ordinances,
and may already be defined
elsewhere. If so, and if they
mean something different
than what you intend,
consider using other terms
instead to avoid confusion.
Electronic smoking devices:
Electronic smoking devices
should be defined because
they are included in this
ordinance's age -based sales
restriction.
vaporized during the use of the device.
Electronic smoking device does not include drugs, devices, or combination
products authorized for sale by the U.S. Food and Drug Administration, as those
terms are defined in the Federal Food, Drug and Cosmetic Act.
RET
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Sample Ordinance Creating a MLSA of 21 for Tobacco Products / 5
d. "Person" means any natural person, partnership, joint venture, society, club,
trustee, trust, association, organization, or corporation, or any officer, agent,
employee, factor, or any other personal representative thereof, in any capacity.
C. "Recipient" means any person who obtains or attempts to obtain a tobacco
product.
f. "Tobacco product" means any
product that is made from or derived
from tobacco, and is intended for
human consumption or is likely to be
consumed, whether smoked, heated,
chewed, absorbed, dissolved, inhaled
or ingested by any other means,
including, but not limited to, a
cigarette, a cigar, pipe tobacco,
chewing tobacco, snuff, snus, or an
electronic smoking device. The term
includes any component or accessory
used in the consumption of a tobacco
product, such as filters, rolling papers,
pipes, or liquids used in electronic
smoking devices. Tobacco product
does not include drugs, devices, or
combination products authorized for
sale by the U.S. Food and Drug
Administration, as those terms are
defined in the Federal Food, Drug and
Cosmetic Act.
Tobacco product:
A strong tobacco control policy must
contain a thorough "tobacco
product" definition.
First, a comprehensive definition(s)
will cover all current, known tobacco
products (as well as pipes, rolling
papers, electronic smoking devices,
and other "related" devices), and will
be likely to cover future products as
well.
Second, unless cessation products
are specifically exempted, the sale of
those products to persons under 21
may also be prohibited.
Finally, providing a comprehensive
definition of "tobacco products" can
aid in compliance and enforcement
by clearly specifying what exactly is
being prohibited.
IV. Minimum Legal Sales Age for Tobacco Products
The sale or distribution of any tobacco product to a person under the age of 21 is
prohibited.
Grandfather Clause: Some tobacco MLSA laws contain an exemption for those who
were 18 or older at the time the new regulation went into effect:
It shall be unlawful for any person to distribute a tobacco product to any person under
twenty-one years of age, with an exception provided for any person who was eighteen
years of age or older on , 201—.
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Sample Ordinance Creating a MLSA of 21 for Tobacco Products / 6
Possession, Use, and Purchase by Underage Individuals:
Prohibiting the possession, use, and purchase (PUP) of tobacco products by underage persons is a part
of many ordinances. However, this ordinance does not include restrictions on the possession or use of
tobacco products by those under 21.
PUP provisions may be unlikely to reduce youth smoking significantly. Also, they may undermine
other conventional avenues of youth discipline, divert attention from more effective tobacco control
strategies, and relieve the tobacco industry of responsibility for its marketing practices. Some
communities are concerned that PUP provisions may be enforced inconsistently with respect to youth
from certain racial and ethnic groups, resulting in their introduction into the criminal justice system.
If a PUP provision seems politically necessary, it could be worded as follows:
The purchase or attempted purchase of any tobacco product by or on behalf of a person under the
age of 21 is prohibited.
It may also be possible to include non -monetary consequences in the penalties section:
Individuals under the age of 21 who unlawfully purchase or attempt to purchase tobacco products
may be subject to tobacco -related education classes, diversion programs, community service, or
other penalties that [County/municipality] believes will be appropriate and effective.
For a discussion of the merits of PUP laws, see Gary Giovino & Melanie Wakefield, Teen Penalties for
Tobacco Possession, Use and Purchase: Evidence and Issues, 12 TOBACCO CONTROL 6 (2003),
http://tobaccocontrol.bmi.com/content/12/sLippl 1 /i6.full.
V. Age Verification
Before distributing any tobacco product, the distributor shall verify that the recipient
is at least 21 years of age.
Each distributor shall examine the recipient's government -issued photographic
identification. No such verification is required for a person over the age of 30. That a
recipient appeared to be 30 years of age or older shall not constitute a defense to a
violation of this section.
Age Verification:
Federal regulations require distributors to "card" cigarette and smokeless tobacco recipients
who look younger than 27 years old. 21 C.F.R. § 1140.14(b)(2). However, state and local
governments generally can adopt more restrictive tobacco regulations without being
preempted by federal law. 21 U.S.C.A. § 387p.
Because this ordinance raises the minimum legal sale age for tobacco products, it makes sense
to make a corresponding increase to the minimum carding age. For example, 30 years old is a
simple, intuitive visual age line.
Ell
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Sample Ordinance Creating a MLSA of 21 for Tobacco Products / 7
VI. Signage
No person shall sell or permit the sale of
tobacco products in [county/municipality]
unless a clearly visible notice is posted at the
location where tobacco products are
available for purchase. The
[County/municipality] shall provide this
notice, which shall state "No person under
the age of 21 may purchase tobacco
products," legibly printed in letters at least
one-half inch high.
VII. Enforcement
[County/municipality] or
its authorized designee
may conduct random,
unannounced inspections
at locations where
tobacco products are
distributed to test and
ensure compliance with
this ordinance.
VIII. Penalties
Enforcement:
Signage:
Requiring tobacco sellers to post a
standardized notice raises
awareness of the age restriction
(both among distributors and the
general public) and helps promote
compliance.
If a state or local authority has an
existing age-related signage
requirement, mirroring that
standard may be preferable.
An enforcement section empowers your county or
municipality to inspect distributors for compliance.
It may be helpful to grant enforcement authority to
multiple agencies, such as law enforcement agencies,
the health department, and the local agency that
enforces general business licensing laws.
This can help ensure that youth can be used to test for
compliance. It may also result in compliance checks
of stores without a tobacco retailer license.
a. In General. Any person found to have
violated this ordinance shall be subject
to a fine of no less than $300 for the first
offense, no less than $600 for the second
offense, and no less than $1000 for each
offense thereafter. Each violation, and
every day in which a violation occurs,
shall constitute a separate violation.
b. Licensees. In addition to any other
penalty, a licensee who violates any
provision of this ordinance may be
subject to license suspension, revocation,
and/or non -renewal.
Penalties:
A penalties section specifies the
consequences for violations.
Local governments often have the
ability to impose criminal and/or
civil penalties for ordinance
violations.
When deciding what penalty to
attach to these violations, you may
want to review the authority for
penalties provided for similar
offenses in your county or
municipality.
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Sample Ordinance Creating a MLSA of 21 for Tobacco Products / 8
Licensing Consequences:
When distributors are licensed by the county or other municipality, the threat of license
suspension revocation may be a more effective deterrent than a fine or other related sanction.
Regardless of whether tobacco retailer licensing exists in your jurisdiction, penalties can be
imposed against any general business license.
See the Consortium's publication License to Kill?: Tobacco Retailer Licensing as an
Effective Enforcement Tool for further discussion of tobacco license penalties.
IX.
c. Criminal Prosecution. Nothing in this section shall prohibit the
[County/municipality] from initiating criminal proceedings for any alleged
violation of this ordinance.
Exceptions and Defenses
a. The penalties in this
ordinance do not apply to
a person younger than 21
years old who purchases
or attempts to purchase
tobacco products while
under the direct
supervision of
[County/municipality]
staff for training,
education, research, or
enforcement purposes.
Employment Exemption:
This exemption clarifies that underage employees
can sell or otherwise handle tobacco products.
Because young retail clerks are more likely to sell
tobacco to underage buyers, an ordinance may want
to omit this exception. For an argument against
allowing retail clerks under the age of 21 to sell
tobacco, see Joseph DiFranza & Mardia Coleman,
Sources of Tobacco for Youths in Communities with
Strong Enforcement of Youth Access Laws, 10
TOBACCO CONTROL 323 (2001),
http://tobaccocontrol.bmj.com/content/ 10/4/323. full.
b. Nothing in this ordinance prohibits an underage person from handling tobacco
products in the course of lawful employment.
c. It shall be an affirmative defense to a violation of this ordinance for a person to
have reasonably relied on proof of age as described by state law.
Severability
If any provision of this ordinance, or the
application thereof to any person or circumstance,
is held invalid, such invalidity shall not affect any
other provision of this ordinance that can be given
effect without the invalid provision or application.
Each invalid provision or application of this
ordinance is severable.
Severability Clause:
A severability clause
improves the likelihood that
even if some part of this
ordinance is found invalid,
the rest will stand.
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Sample Ordinance Creating a MLSA of 21 for Tobacco Products / 9
XL Effective Date
This ordinance shall take effect on [effective date].
Last updated.• February 2016
Notes
Effective date:
A county or municipality
should select an effective
date that will provide
sufficient time to educate
distributors and the public of
these new restrictions.
1 Ctrs. for Disease Control & Prevention, Current Cigarette Smoking Among Adults, United
States, 2011, 61(44) MORBIDITY & MORTALITY WLY. REP. 889, 889 (2012),
http://www.cdc.gov/mmwr/
pdf/wk/mm6l44.pdf.
2 U.S. DEP'T OF HEALTH & HUMAN SERVS., THE HEALTH CONSEQUENCES OF SMOKING — 50
YEARS OF PROGRESS: A REPORT OF THE SURGEON GENERAL, ch. 12 p. 659 (2014),
http://www.surgeon eg neral.gov/library/reports/50-years-of-progress/index.html.
3 Id.
4 Id. at 679; see also Xin Xu et al., Annual Health Care Spending Attributable to Cigarette Smoking: An
Update, 48 AM. J PREV. MED. (2015).
5 U.S. DEP'T OF HEALTH & HUMAN SERVS., supra note 2.
6 Calculated by the Campaign for Tobacco -Free Kids based on data in the National Survey on
Drug Use and Health (2013),
http://www. samhsa. gov/data/sites/default/files/NSDUHresultsPDFWHTML2013/Web/NSDUHr
esults2013.pdf.
7 Angelica M. Morales et al., Cigarette Exposure, Dependence, and Craving Are Related to
Insula Thickness in Young Adult Smokers, 39 NEUROPSYCHOPHARMACOLOGY 1816 (2014),
http://www.nature.coMLnpp/joumal/v39/n8/full/npp2Ol448a.html.
a Estimated Change in Industry Trend Following Federal Excise Tax Increase, LEGACY
TOBACCO DOCUMENTS LIBRARY (Sept. 10, 1982), at 2,
https://industrydocuments.libM.ucsf. edu/tobacco/docs/#id=nnnwOO84.
9 E -cigarette Use Triples Among Middle and High School Students in Just One Year, CTRS. FOR
DISEASE CONTROL AND PREVENTION (Apr. 16, 2015),
http://www.cdc.gov/media/releases/2015/ O4l6-e-cigarette-use.html.
10 INST. OF MED., Public Health Implications of Raising the Minimum Age of Legal Access to
Tobacco Products (2015),
http: //iom. nationalacademies. org/Reports/2015/TobaccoMinimumAgeReport. aspx.
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Page 38
Sample Ordinance Creating a MLSA of 21 for Tobacco Products / 10
" Id.
12 Tobacco 21 Cities, TOBACco21.ORG (Apr. 2015), http://tobacco2l.org/state-by-state; HAW.
REV. STAT. § 709-908 (2015) (effective Jan. 1, 2016).
13 Brian A. King et al., Attitudes Toward Raising the Minimum Age of Sale for Tobacco Among
U.S. Adults, 49 (4) Am. J. PREVENTATIVE MED. 583, 583 (2015).
14 See Jonathan P. Winickoff et al., Retail Impact of Raising Tobacco Sales Age to Twenty -One,
104 AM. J. PUB. HEALTH 18,18 (2014).
15 William DeJong & Jason Blanchette, Case Closed: Research Evidence on the Positive Public
Health Impact of the Age 21 Minimum Legal Drinking Age in the United States, J. STUD.
ALCOHOL DRUGS 108 (SUPP. 17 2014).
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Page 39
Will County Health Department
Tobacco Control & Prevention
501 Ella Avenue
Joliet, IL 60433
Phone: (815) 727-8769
www.willcountyhealth.org
This project was made possible by funds received from the Illinois Department of Public Health
Will County Health
Department
Tobacco Control
& Prevention
Program
FS,
Restricting the Use of
in
For more information:
tv
Health Department Depepartment & Visit www.willcountyhealth.org Q
W Hea
Community Health Center
or call (815) 774-7312
This toolkit is designed for Will County policymakers and municipalities who are
looking to implement a policy restricting electronic cigarette use in public places. This
toolkit offers suggestions and resources to assist with the development of this policy.
This toolkit is intended to provide guidance for policymakers and municipalities who
wish to protect the health and safety of the Will County community.
All legal questions or advice should be reviewed and answered by your attorney.
This information is not legal advice and should not be treated as such. The Will
County Health Department, Tobacco Control & Prevention Program is not 65
responsible for providing any legal advice or documents.
TABLE OF CONTENTS
INFOGRAPHIC.....................................................................................................................
FACT SHEETS
• "Electronic Cigarettes — What's the Bottom Line?" ..........................................
• "E -Cigarette Use Among Youth and Young Adults" ..........................................
STATEWIDE AND LOCAL GROWING TREND
• Will County Map of Policies.................................................................................
• List of Illinois Municipalities with Laws Regulating the Use of Electronic
Cigarettes................................................................................................................
POLICY RESOURCES
• Example Definition of Electronic Cigarettes.......................................................
• Model California Ordinance Regulating Electronic Smoking Devices .............
Pg. 3
Pg. 11
Pg. 12
Pg. 13
Pg. 14-29
W.
S�
• r
i
Restricting the Use of
ELECTRONIC
CIGARETTES
Electronic cigarette use in thepast 30 days by
Will County Youth
Source: Illinois Youth Survey, 2018
ABOUT ELECTRONIC CIGARETTES
(E -CIGARETTES)
• There are many names for e -cigarettes including: a-cigs,
e -hookah, mods, vape pens, vapes, and electronic nicotine
delivery systems (ENDS)
• are more likely to use e -cigarettes than adults in the
United States
• The FDA has approved e -cigarettes as a quit smoking aid
• Most e -cigarettes contain the highly addictive chemical,
, which can have long-term health effects
Source: Office on Smoking and Health, National Center for Chronic Disease Prevention and Health Promotion, 2018
Join the growing trend in Illinois and
Will County to protect our youth
So far, over 30 communities in Illinois
have restricted e -cigarette use
indoors
I @ Communities
are located in
Will County
Source: American Nonsmokers' Rights Foundation, 2019
(815) 774-7312
3
» E -cigarettes have the potential to benefit adult smokers who are not
pregnant if used as a complete substitute for regular cigarettes and
other smoked tobacco products.
» E -cigarettes are not safe for youth, young adults, pregnant women, or
adults who do not currently use tobacco products.
» While e -cigarettes have the potential to benefit some people and harm
others, scientists still have a lot to learn about whether e -cigarettes are
effective for quitting smoking.
» If you've never smoked or used other tobacco products or e -cigarettes,
don't start.
» E -cigarettes are known by many different names. They are sometimes called "e-cigs," "e -hookahs,"
"mods," "vape pens," "vapes," "tank systems," and "electronic nicotine delivery systems."
» Some e -cigarettes are made to look like regular cigarettes, cigars, or pipes. Some resemble pens,
USB sticks, and other everyday items.
» E -cigarettes produce an aerosol by heating a liquid that usually contains nicotine—the addictive
drug in regular cigarettes, cigars, and other tobacco products—flavorings, and other chemicals
that help to make the aerosol. Users inhale this aerosol into their lungs. Bystanders can also
breathe in this aerosol when the user exhales into the air.
» E -cigarettes can be used to deliver marijuana and other drugs.
U.S. Department of
Health and Human Services
Centers for Disease
Control and Prevention 4
MP
THE E -CIGARETTE AEROSOL THAT USERS BREATHE FROM THE DEVICE AND
EXHALE CAN CONTAIN HARMFUL AND POTENTIALLY HARMFUL SUBSTANCES:
It is difficult for consumers to know what e -cigarette products contain. For example,
some e -cigarettes marketed as containing zero percent nicotine have been found to
contain nicotine.
YES, but that doesn't
mean e -cigarettes are safe.
E -cigarette aerosol generally contains fewer toxic
chemicals than the deadly mix of 7,000 chemicals in
smoke from regular cigarettes. However, e -cigarette
aerosol is not harmless. It can contain harmful and
potentially harmful substances, including nicotine,
heavy metals like lead, volatile organic compounds,
and cancer-causing agents.
s
ZZ
WHAT ARE THE HEALTH EFFECTS OF USING E -CIGARETTES?
Besides nicotine, e -cigarette aerosol can contain
substances that harm the body.
This includes cancer-causing chemicals and tiny particles
that reach deep into lungs. However, e -cigarette aerosol
generally contains fewer harmful chemicals than smoke
from burned tobacco products.
E -cigarettes can cause unintended injuries.
Defective e -cigarette batteries have caused fires and '
explosions, some of which have resulted in serious
injuries.
In addition, acute nicotine exposure can be toxic.
Children and adults have been poisoned by swallowing,
breathing, or absorbing e -cigarette liquid.
E -CIGARETTES ARE NOT CURRENTLY APPROVED BY THE
FDA AS A QUIT SMOKING AID.
The U.S. Preventive Services Task Force, a group of health experts that makes recommendations
about preventive health care, concluded that the evidence is insufficient to recommend e -cigarettes
for smoking cessation in adults, including pregnant women.
4 1 _ �l�
HOWEVER, e -cigarettes
may help non -pregnant adult
smokers if used as a complete
substitute for all cigarettes and
other smoked tobacco products.
TO DATE, THE FEW STUDIES ON THE ISSUE ARE MIXED.
Evidence from two randomized controlled trials found that e -cigarettes with nicotine can help smokers
stop smoking in the long term compared with placebo (non -nicotine) e -cigarettes.
71
E -CIGARETTES ARE THE MOST COMMONLY USED
TOBACCO PRODU T AMONG YOU H.
In 2018, more than
3.6 MILLION
U.S. middle and high school
students used e -cigarettes in
c
4m9%
the past 30 days, including:
20.8
MIDDLE SCHOOL
IN THE U.S., STUDENTS HIGH SCHOOL
YOU HARE let STUDENTS
MORE LIKELY
THAN ADU TSS
TO USE _
E -CIGARETTE -<D-
AMONG CURRENT E -CIGARETTE USERS AGED 45 YEARS AND OLDER
in 2015, most were either current or former regular cigarette smokers, and
1.3% had never been cigarette smokers.
IN CONTRAST, AMONG CURRENT E -CIGARETTE USERS AGED 18-24 YEARS,
40.0% had NEVER BEEN regular cigarette smokers
IN 2015, AMONG ADU T E -CIGARETTE
USERS OVERALL:
29.8%
were former
regular cigarette
smokers
11.4%
had never been
regular cigarette
smokers
In 2017, 2■8%
of U.S. adults were cur
e -cigarette users
58.8%
were current regular
cigarette smokers
72
��G ��E A L T ��s E - C i g a r e t t e U s e A m o n g Y o u t h a n d
Y o u n g A d u l t s
'