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HomeMy Public PortalAbout02-25-2019 COW Agenda Packet11111iiiiu....111Iliii�ii w1. -1... 1 I 1 X11■�1�-�11 III 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 �1� ■1 ���1 1 1 �I1��1�� I�1� 1 111 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 M _ AHFALTy AMERICAN �C... Action H RESPIRATORY LUNG 00, V r� iwmaisnrynoemmoF O HEALTH Fnnnrr PHrsoaus ASSOCIATION American Heaz[ Nnencan Stroke Z !� r A,,a,i.1(a As—imiond ASSOCIATION' M march63 3 c' 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 m �N%uTy AMERICAN CancerAction owRESPIRATORY i LUNG Network- iw a c ® HEALTH Fa r _ O > 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 Page 10 M w 0 N 'i Q Q W c (0 O Q o w H a w y o • x W •." z w v LU LULU•'" w on w O .� O � a } _r LU Fn LU Ow w z LU `n > O z 1 � d w O z Lr) V Y d d cu 1'� W 0 O J Z y Y F- a z z qQ LU Y Y LL a IL z 01� w 0 X w o - i w 5 Or 7-5w ,. O z0 a LUw O O J J 0LU 2 00 C� J Z_ J U U , O z_ J_ LU O J Q 2 C) 0 > Y Q O Z U O J U 7 � Z z aQ 0 ��` + U OU p m O LO M N r N co d QA1G� L4 SEE 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. 53 Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506 Page 30 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. Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506 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). 55M Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506 Page 32 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 Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506 Page 33 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—. 57M Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506 Page 34 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 Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506 Page 35 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. 59 Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506 Page 36 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. Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506 Page 37 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. 61 Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506 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). M Tobacco Control Legal Consortium 875 Summit Avenue, Saint Paul, MN 55105-3076 www.publichealthlawcenter.org 651.290.7506 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 ��EALT��s E-Cigarette Use Among Youth and Young Adults '798 " `��' A Report of the Surgeon General Fact Sheet This Surgeon General's report comprehensively reviews the public health issue of e -cigarettes and their impact on U.S. youth and young adults. Studies highlighted in the report cover young adolescents (11-14 years of age); adolescents (15-17 years of age); and/or young adults (18-25 years of age). Scientific evidence contained in this report supports the following facts: E -cigarettes are a rapidly emerging and diversified product class. These devices typically deliver nicotine, flavorings, and other additives to users via an inhaled aerosol. These devices are referred to by a variety of names, including "e-Gigs,"'e-hookahs;"'mods;"'vape pens;"'vapes;' and "tank systems."  E -cigarettes are battery -powered devices that heat a liquid into an aerosol that the user inhales. �% The liquid usually has nicotine, which comes from tobacco; flavoring; and other additives. �% E -cigarette products can also be used as a delivery system for marijuana and other illicit drugs. E -cigarettes are now the most commonly used tobacco product among youth, surpassing conventional cigarettes in 2014. E -cigarette use is strongly associated with the use of other tobacco products among youth and young adults, including cigarettes and other burned tobacco products. �% In 2015, more than 3 million youth in middle and high school, including about 1 of every 6 high school students, used e -cigarettes in the past month. More than a quarter of youth in middle and high school have tried e -cigarettes. Among high school students, e -cigarette use is higher among males, whites, and Hispanics than among females and African-Americans. �% There is a strong association between the use of e -cigarettes, cigarettes, and the use of other burned tobacco products by young people. In 2015, for example, nearly 6 of 10 high school cigarette smokers also used e -cigarettes. �% Research has found that youth who use a tobacco product, such as e -cigarettes, are more likely to go on to use other tobacco products like cigarettes. E -cigarette use among youth and young adults has become a public health concern. In 2014, current use of e -cigarettes by young adults 18-24 years of age surpassed that of adults 25 years of age and older. Among young adults 18-24 years of age, e -cigarette use more than doubled from 2013 to 2014. As of 2014, more than one-third of young adults had tried e -cigarettes. �% The most recent data available show that the prevalence of past 30 -day use of e -cigarettes was 13.6% among young adults (2014) and 16.0% among high school students (2015). �% The most recent data available show that the prevalence of past 30 -day use of e -cigarettes is similar among middle school students (5.3%) and adults 25 years of age and older (5.7%). �% Among young adults, e -cigarette use is higher among males, whites and Hispanics, and those with less education. The use of products containing nicotine poses dangers to youth, pregnant women, and fetuses. The use of products containing nicotine in any form among youth, including in e -cigarettes, is unsafe. Many e -cigarettes contain nicotine, which is highly addictive. �% The brain is the last organ in the human body to develop fully. Brain development continues until the early to mid-20s. Nicotine exposure during periods of significant brain development, such as adolescence, can disrupt the growth of brain circuits that control attention, learning, and susceptibility to addiction. �% The effects of nicotine exposure during youth and young adulthood can be long-lasting and can include lower impulse control and mood disorders. �% The nicotine in e -cigarettes and othertobacco products can prime young brains for addiction to other drugs, such as cocaine and methamphetamine. 73 U.S. Department of Health and Human Services 9 Fact Sheet (continued) ■ Nicotine can cross the placenta and affect fetal and postnatal development. Nicotine exposure during pregnancy can result in multiple adverse consequences, including sudden infant death syndrome (SIDS). ■ Ingestion of e -cigarette liquids containing nicotine can cause acute toxicity and possible death if the contents of refill cartridges or bottles containing nicotine are consumed. E -cigarette aerosol is not harmless. It can contain harmful and potentially harmful constituents including nicotine. Nicotine exposure during adolescence can cause addiction and can harm the developing adolescent brain. ■ The constituents of e -cigarette liquids can include solvents, flavorants, and toxicants. ■ The aerosol created by e -cigarettes can contain ingredients that are harmful and potentially harmful to the public's health, including: nicotine; ultrafine particles; flavorings such as diacetyl, a chemical linked to serious lung disease; volatile organic compounds such as benzene, which is found in car exhaust; and heavy metals, such as nickel, tin, and lead. E -cigarettes are marketed by promoting flavors and using a wide variety of media channels and approaches that have been used in the past for marketing conventional tobacco products to youth and young adults. ■ E -cigarettes are an estimated $3.5 billion business in the United States. In 2014, e -cigarette manufacturers spent $125 million advertising their products in the U.S. In 2014, more than 7 of 10 middle and high school students said they had seen e -cigarette advertising. Retail stores were the most frequent source of this advertising, followed by the internet,TV and movies, and magazines and newspapers. ■ The 2012 Surgeon General's Report on tobacco use among youth and young adults found that tobacco product advertising causes young people to start using tobacco products. Much of today's e -cigarette advertising uses approaches and themes similar to those that were used to promote conventional tobacco products. ■ E -cigarettes are available in a wide variety of flavors, including many that are especially appealing to youth. More than 85% of e -cigarette users ages 12-17 use flavored e -cigarettes, and flavors are the leading reason for youth use. More than 9 of 10 young adult e -cigarette users said they use e -cigarettes flavored to taste like menthol, alcohol, fruit, chocolate, or other sweets. Action can be taken at the national, state, local, tribal and territorial levels to address e -cigarette use among youth and young adults. Actions could include incorporating e -cigarettes into smokefree policies, preventing access to e -cigarettes by youth, price and tax policies, retail licensure, regulation of e -cigarette marketing likely to attract youth, and educational initiatives targeting youth and young adults. ■ The Food and Drug Administration (FDA) now regulates the manufacturing, importing, packaging, labeling, advertising, promotion, sale, and distribution of e -cigarettes. • In August 2016, FDA began enforcing a ban on vending machine sales unless in adult -only facilities and a ban on free samples and sales to minors. Parents, teachers, health care providers, and others who influence youth and young adults can advise and inform them of the dangers of nicotine; discourage youth tobacco use in any form, including e -cigarettes; and set a positive example by being tobacco -free themselves. Citation: U.S. Department of Health and Human Services. E -Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General—Executive Summary. 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, 2016. Website: E-cigarettes.Surgeongeneral.gov 74 U.S. Department of Health and Human Services 10 ON •ry V O a N d 4 W Y O E N L O O v O J d 7 v C rte+ L LM U W Z O N rlN N (6 0 LO ti Illinois Municipalities with Laws Regulating the Use of Electronic Cigarettes 1. Arlington Heights 19. Oak Park 2. Aurora 20. Ogle County 3. Barrington 21. Palatine 4. Braidwood 22. Park Ridge 5. Buffalo Grove 23. Savanna 6. Chicago 24. Schaumberg 7. Deerfield 25. Shorewood 8. Dekalb 26. Skokie 9. East Peoria 27• Washington 10. Elgin 28. Western Springs 11. Elk Grove Village 29• Wheaton 12. Evanston 30. Wilmette 13. Hanover Park 31. Yorkville 14. Highland Park 15. Hoffman Estates Illinois - e -cigarettes are 16. Lincolnshire prohibited on all campuses of State -supported institutions of 17. Naperville higher education 18. New Lenox Communities listed in bold are located in Will County 76 Source: Americans for Nonsmokers' Rights, "States and Municipalities with Laws Regulating the Use of E -Cigarettes, " 2019 Updated: January 2, 2019 12 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. 77 13 Cha ngel-abSolutions Law & policy innovation for the common good. Updated June 2015 (Originally published October 2013) Developed by ChangeLab Solutions This material was made possible by funds received from Grant Number 14-10214 with the California Department of Public Health, California Tobacco Control Program. © 2015 California Department of Public Health. This material may not be reproduced or disseminated without prior written permission from the California Department of Public Health. ChangeLab Solutions is a nonprofit organization that provides legal information on matters relating to public health. The legal information provided in this document does not constitute legal advice or legal representation. For legal advice, readers should consult a lawyer in their state. changelabsolutions.org/tobaccoquestions 14 3 ChangeLabSolutions Introduction ChangeLab Solutions developed this Model Ordinance to help local governments regulate the use and sale of Electronic Smoking Devices (also known as electronic cigarettes, e -cigarettes, or electronic nicotine delivery systems) and their component parts. By restricting the use of electronic smoking devices in places where smoking is prohibited, cities and counties can protect their residents from involuntary exposure to the secondhand byproducts of electronic smoking devices, such as vapor; reduce the likelihood that children will associate the use of electronic smoking devices with healthy behavior; and reduce the likelihood that smoking in public places and places of employment will become "re -normalized." By regulating how electronic smoking devices and their component parts are sold, cities and counties can help promote compliance with local laws regulating business practices, and reduce youth access to electronic smoking devices. In the most recent update of this Model Ordinance (June 2015), the definition of "Electronic Smoking Device" was revised to omit the exemption for products approved by the United States Food and Drug Administration (FDA) for use in the mitigation, treatment, or prevention of disease. This Model Ordinance now prohibits the use of Electronic Smoking Devices—with no exception for FDA -approved products—in any place where smoking is prohibited by law. However, FDA -approved products remain exempt from the sales requirements and prohibitions contained in this Model Ordinance. Note: Many jurisdictions in California already have local laws restricting the use of tobacco products in public places and places of employment. Similarly, many jurisdictions in California already have local laws regulating the sale of tobacco products, such as local tobacco retailer licensing laws or local prohibitions on tobacco sampling. Communities that already have these local laws in place should consider regulating electronic smoking devices by amending their existing tobacco control laws to treat electronic smoking devices like traditional tobacco products. Please see ChangeLab Solutions' flowchart, How to Regulate E -Cigarettes and Other Electronic Smoking Devices in Your Community, to determine whether amending existing local laws is the best approach for your community. ChangeLab Solutions can assist you with this customization. Jurisdictions that do not currently have local laws regulating tobacco products but still wish to regulate electronic smoking devices can use this Model Ordinance. The Model Ordinance offers a variety of options. In some instances, blanks (e.g., [ ] ) prompt you to customize the language to fit your community's needs. In other cases, the ordinance offers you a choice of options (e.g., [ choice one / choice two ] ). Some options are followed by a comment describing the legal provisions in more detail. Some degree of customization is always necessary in order to make sure the ordinance is consistent with a community's existing laws. Your city attorney or county counsel will likely be the best person to check this for you. If you have questions about how to adapt this ordinance for your community, please contact ChangeLab Solutions through our website at www.changelabsolutions.org/tobaccoquestions for assistance. 79 Model California Ordinance Regulating Electronic Smoking Devices 2 15 ChangeLabSvlutions AN ORDINANCE OF THE [ CITY / COUNTY ] OF [ ] AMENDING THE [ ] MUNICIPAL CODE TO REGULATE ELECTRONIC SMOKING DEVICES The [ City Council of the Cit X / Board of Supervisors of the County ] of [ ] does ordain as follows: COMMENT: This is introductory boilerplate language that should be adapted to the conventional form used in the jurisdiction. SECTION I. FINDINGS. The [ City Council of the Cit X / Board of Supervisors of the County ] of [ ] hereby finds and declares as follows: WHEREAS, electronic smoking devices, commonly known as "electronic cigarettes," "e - cigarettes," "e -cigars," "e -cigarillos," "e -pipes," "e -hookahs," "electronic nicotine delivery systems," etc., are battery operated devices designed to deliver nicotine, flavor, and/or other substances through a vapor inhaled by the user'; and WHEREAS, use of electronic smoking devices has increased significantly in recent years, as evidenced by the fact that: • Between 2011 and 2012 the percentage of all youth in grades 6 to 12 who had tried electronic smoking devices doubled;2 • 6.8% of all youth between 6th and 12th grade report trying electronic smoking devices; • 10% of high school students have tried electronic smoking devices;4 • 9.3% of youth who have used electronic smoking devices have never smoked conventional cigarettes;5 • Between 2010 and 2011, rates of both awareness and use of unregulated electronic smoking devices by adults also increased significantly;6 and WHEREAS, existing studies on electronic smoking devices' vapor emissions and cartridge contents have found a number of dangerous substances including: • Chemicals known to the State of California to cause cancer' such as formaldehyde, acetaldehyde, lead, nickel, and chromium;', 9 • PM2.5, acrolein, tin, toluene, and aluminum, 10, 11, 12,13 which are associated with a range of negative health effects such as skin, eye, and respiratory irritation, 14,15,16,17 neurological effects," damage to reproductive systems, 19 and even premature death from heart attacks and stroke;20 • Inconsistent labeling of nicotine levels in electronic smoking device products; 21 and • In one instance, diethylene glycol, an ingredient used in antifreeze and toxic to humans;22 and :C Model California Ordinance Regulating Electronic Smoking Devices 16 0 ChangeLabSolutions WHEREAS, more than one study has concluded that exposure to vapor from electronic smoking devices may cause passive or secondhand vaping;23°24,25 and WHEREAS, some cartridges used by electronic smoking devices can be re -filled with liquid nicotine solution, creating the potential for exposure to dangerous concentrations of nicotine,26 and as a result: • Poisonings from electronic smoking devices have increased dramatically in the last three and half years from "one [a month] in September 2010 to 215 a month in February 2014;" 27 • Analysis of reports of poisonings from electronic smoking devices finds that calls reporting exposure to electronic smoking devices are much more likely to involve adverse health effects when compared to calls reporting exposure to conventional cigarettes; 28 and WHEREAS, clinical studies about the safety and efficacy of these products have not been submitted to the FDA 29 for the more than 400 brands of electronic smoking devices that are on the market30 and for this reason, consumers currently have no way of knowing: 31 Whether electronic smoking devices are safe; What types or concentrations of potentially harmful chemicals the products contain; and What dose of nicotine the products deliver; and WHEREAS, the World Health Organization has strongly advised consumers against the use of electronic smoking devices until they are "deemed safe and effective and of acceptable quality by a competent national regulatory body" ;32 and WHEREAS, the World Medical Association has determined that electronic smoking devices "are not comparable to scientifically -proven methods of smoking cessation" and that "neither their value as therapeutic aids for smoking cessation nor their safety as cigarette replacements is established"; 33 and WHEREAS, the State of California's Tobacco Education and Research Oversight Committee (TEROC) "opposes the use of e -cigarettes in all areas where other tobacco products are banned. ,34 WHEREAS, a study published in the Journal of Environmental and Public Health suggests that electronic smoking devices "may have the capacity to `re -normalize' tobacco use in a demographic that has had significant denormalization of tobacco use previously"; 35 and WHEREAS, electronic smoking devices often mimic conventional tobacco products in shape, size, and color, 36 with the user exhaling a smoke -like vapor similar in appearance to the exhaled smoke from cigarettes and other conventional tobacco products;37 and WHEREAS, the use of electronic smoking devices in smokefree locations threatens to undermine compliance with smoking regulations and reverse the progress that has been made in F-4 Model California Ordinance Regulating Electronic Smoking Devices 4 17 ChangeLabSolutions establishing a social norm that smoking is not permitted in public places and places of employment; 38 WHEREAS, more than 59 jurisdictions within California require retailers to obtain a license to sell electronic smoking devices39 and at least 44 local jurisdictions in California prohibit the use of electronic smoking devices in specific locations. 40 NOW THEREFORE, it is the intent of the [ City Council / County Board of Supervisors ], in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the use of electronic smoking devices around non-users, especially children; by protecting the public from exposure to secondhand byproducts of electronic smoking devices where they live, work, and play; by facilitating uniform and consistent enforcement of smokefree air laws; by reducing the potential for re -normalizing smoking in public places and places of employment; by reducing the potential for children to associate the use of electronic smoking devices with a normative or healthy lifestyle; and by prohibiting the sale or distribution of electronic smoking devices to minors. SECTION II. [ Article / Chanter ] of the [ ] Municipal Code is hereby amended to read as follows: Sec. [ (*1) ]. DEFINITIONS. The following words and phrases, whenever used in this [ article /chanter ] shall have the meanings defined in this section unless the context clearly requires otherwise: (a) "Business" means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes. (b) "Electronic Smoking Device" means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic Smoking Device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. COMMENT: This definition is broad enough to cover all Electronic Smoking Devices that are used to deliver nicotine or other substances. Regulating the use of all varieties of Electronic Smoking Devices, regardless of their nicotine content, protects bystanders from exposure to the hazardous substances found in Electronic Smoking Device vapor, reduces the risk that children may view the use of Electronic Smoking Devices in smokefree areas as normative, and facilitates uniform enforcement. Should a jurisdiction wish to limit its regulation of Electronic Smoking Device sales to only those products that contain nicotine, there is optional language in section [ (*3)(e) ] below. (c) "Electronic Smoking Device Paraphernalia" means cartridges, cartomizers, e -liquid, smoke juice, tips, atomizers, Electronic Smoking Device batteries, Electronic Smoking Device chargers, and any other item specifically designed for the preparation, charging, or use of Electronic Smoking Devices. FIX Model California Ordinance Regulating Electronic Smoking Devices 18 ChangeLabSvlutions COMMENT: This definition is meant to cover only those products that are exclusively designed for use with Electronic Smoking Devices. Products that are designed for general use with other types of devices, such as standard format USB cables, standardized batteries, etc., would not be covered because such devices are not specifically designed for use with Electronic Smoking Devices. (d) "Employee" means any Person who is employed or retained as an independent contractor by any Employer in consideration for direct or indirect monetary wages or profit, or any Person who volunteers his or her services for an Employer. COMMENT: This definition makes clear that volunteers and independent contractors are Employees for purposes of this section. (e) "Employer" means any Business or Nonprofit Entity that retains the service of one or more Employees. (f) "Nonprofit Entity" means any entity that meets the requirements of California Corporations Code section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A government agency is not a Nonprofit Entity within the meaning of this [ article / chanter ]. COMMENT: This definition is broader than the IRS designation of a nonprofit organization in order to cover more informal groups and associations. (g) "Nominal Cost" means the cost of any item imposed for the transfer from one person to another for less than the total of: (1) [ twenty-five percent (25%) ] of the fair market value of the item exclusive of taxes and government fees; plus (2) all taxes and government fees previously paid and all taxes and government fees still due on the item at the time of transfer. COMMENT: "Nominal cost' is used in the definition of "nonsale distribution" below. This definition provides a bright -line rule as to what price is so low for Electronic Smoking Devices as to be prohibited by this ordinance. (h) "Nonsale Distribution" means to give, furnish, or cause or allow to be given or furnished within the jurisdictional limits of the [ gfty /county ], an Electronic Smoking Device or Electronic Smoking Device Paraphernalia at no cost or at Nominal Cost to a Person who is not a Retailer. (i) "Person" means any natural person, cooperative association, Employer, personal representative, receiver, trustee, assignee, or any other legal entity including a government agency. Model California Ordinance Regulating Electronic Smoking Devices 19 F-0 (;1111 ChangeLabSolutions COMMENT: The Municipal Code may already contain a definition of "person"; review any existing definition of "person" in the Municipal Code to determine whether to include the above definition in your ordinance. Note: If Section [ (*5)(g) ]—private citizen enforcement—is included in the ordinance, keep this specific definition of "Person." This definition incorporates numerous entities including Business, Employer, Nonprofit Entity, landlord, and individual. In addition, it includes the City or County. (j) [ "Public Place" means any within the [ city / county 1, public or private, that is open to theeg neral public regardless of any fee or acquirement, including, for example, bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis, and buses [ and means any place used by a membership association or club at which non- member guests are present or permitted, including, for example and without limitation, fraternity and sorority houses_] ]. COMMENT: This entire definition is optional and, if added, can be used to limit the ban on Electronic Smoking Device sampling to sampling that occurs in public places only. Without this provision, all nonsale distributions of Electronic Smoking Devices with a business purpose, even if on private property not open to the public, will be restricted (e.g., private parties such as raves). Note that nonsale distributions that are not for a business purpose, such as friends giving friends Electronic Smoking Devices, are not prohibited by this ordinance. If a "public place" limitation on Electronic Smoking Device sampling is desired, then the jurisdiction must choose whether to regulate membership organizations. To regulate membership organizations, include the phrase that is underlined and bracketed above. However, if membership organizations are to be excluded from coverage, omit that language. Note that membership organizations are covered if the "public place" limitation is not imposed (i.e., no part of this definition is included). (k) "Retailer" means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, Electronic Smoking Devices or Electronic Smoking Device Paraphernalia. "Retailing" means the doing of any of these things. This definition is without regard to the quantity of the Electronic Smoking Devices or Electronic Smoking Device Paraphernalia sold, offered for sale, exchanged, or offered for exchange. (1) "Self -Service Display" means the open display or storage of Electronic Smoking Devices or Electronic Smoking Device Paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of a Retailer or Employee of a Retailer and a direct person-to-person transfer between a Retailer or Employee of a Retailer and any other Person. A vending machine is a form of Self - Service Display. Model California Ordinance Regulating Electronic Smoking Devices 20 (;1111 ChangeLabSolutions (m) "Smoking" means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product intended for human inhalation. COMMENT: This is a conventional definition of smoking, which does not explicitly include the vapors produced by Electronic Smoking Devices. This definition is appropriate for jurisdictions that do not have a local smokefree air law but nevertheless want to adopt a local law in order to restrict the use of electronic cigarettes in places covered by the California Smoke Free Workplace Law. This model ordinance achieves this goal by prohibiting the use of Electronic Smoking Devices in all places where smoking, as that term is conventionally defined, is prohibited. Jurisdictions that wish to adopt a local smokefree air law that prohibits the use of combustible tobacco products and Electronic Smoking Devices in locations that are not covered by the California Smoke Free Workplace Law, or that wish to amend such a law, should use the definition of "Smoking" contained in ChangeLab Solutions' Comprehensive Smokefree Places Ordinance. Sec. [ (*2) ]. PROHIBITION OF ELECTRONIC SMOKING DEVICE USE IN SMOKE-FREE PLACES (a) It shall be a violation of this [article /chanter ] to use an Electronic Smoking Device in any place within the [ City /County of ] where Smoking of tobacco products is prohibited by law. COMMENT: This provision makes it unlawful for a person to use an Electronic Smoking Device in all places where smoking is prohibited by law, including all places of employment subject to the California's Smoke Free Workplace Law (Labor Code Section 6404.5). (b) No Person, Employer, or Nonprofit Entity shall knowingly permit the use of Electronic Smoking Devices in an area under the legal or de facto control of that Person, Employer or Nonprofit Entity and in which Smoking is prohibited by law. COMMENT: This provision makes anyone who is in control of an area responsible for Electronic Smoking Device use in violation of this and other no -smoking laws. Thus, enforcement actions can be taken against a Business, landlord, Employer, or Nonprofit Entity, in addition to an individual user, who knowingly breaks the law. Sec. [ (*3) ]. RETAILING REQUIREMENTS AND PROHIBITIONS (a) Sale to minors prohibited. It shall be a violation of this [ article /chi ] to sell, give or furnish, or cause to be sold, given or furnished, an Electronic Smoking Device or Electronic Smoking Device Paraphernalia to a natural Person under 18 years of age in any place within the [ City /County of ]. Model California Ordinance Regulating Electronic Smoking Devices 21 (;1111 ChangeLabSolutions COMMENT: California Health and Safety Code Section 119405 prohibits the sale of e - cigarettes containing nicotine to anyone under the age of 18. This provision covers a broader range of products because it also includes e -cigarettes that do not contain nicotine. This provision gives a city or county additional enforcement options with regard to e - cigarettes; the jurisdiction can enforce Health and Safety Code section 119405 (pursuant to Penal Code section 830.1) and/or use the enforcement mechanisms created by this ordinance depending on the type of violation. (b) Positive identification required. No Retailer shall sell, give or furnish an Electronic Smoking Device or Electronic Smoking Device Paraphernalia to a natural Person who appears to be under the age of [twenty-seven (27)] years without first examining identification to confirm that the recipient is at least 18 years of age. COMMENT: This provision eliminates the excuse that a purchaser arguably looked to be 18 years old. Perhaps more importantly, it allows compliance checks to be conducted with persons who are 18 or 19 years old, which eliminates the need to seek immunity from the district attorney for youth who act as decoys in operations testing a Retailer's compliance with youth access laws. It also eliminates the issue of potentially putting minors in harm's way. (c) Self -Service Displays of Electronic Smoking Devices or Electronic Smoking Device Paraphernalia are prohibited. COMMENT: This provision prohibits retailers from storing Electronic Smoking Devices and Paraphernalia in places where they are easily accessible to youth, such as on counter tops. It also prohibits the sale of Electronic Smoking Devices or Electronic Smoking Device Paraphernalia through vending machines, because the definition of Self -Service Display includes vending machines. (d) Nonsale Distribution Prohibited. No Person, motivated by an economic or a business purpose, shall engage in the Nonsale Distribution of any Electronic Smoking Device or Electronic Smoking Device Paraphernalia [in any Public Place.l COMMENT: This provision prohibits Nonsale Distribution throughout an entire jurisdiction by default. The prohibition can be limited to Public Places by including the underlined text. If such language is included, the "Public Place" definition noted in the Definitions section must also be included. (e) Exception. No provision in this Sec. [ (*3) ] shall apply to any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease. COMMENT: Although to date no Electronic Smoking Device has been approved by the FDA as a cessation product, this exception exempts Electronic Smoking Devices from the requirements and prohibitions in this section should FDA approval be granted in the future. W. Model California Ordinance Regulating Electronic Smoking Devices 22 (;1111 ChangeLabSolutions (f) [ Subsections (a) - (d) above do not gpply to any product that does not contain nicotine and is not customarilv used to deliver nicotine. 1 COMMENT: By default, section [ (*3) ] is designed to regulate the sale of all Electronic Smoking Devices, regardless of whether they are being used to deliver nicotine or other substances. This allows for consistency in application of the ordinance. This optional provision provides an exemption for jurisdictions that do not wish to regulate the sale of Electronic Smoking Devices that do not contain nicotine and are not used to deliver nicotine. Sec. [ (*4) ]. NON -RETALIATION. No Person, Employer, or Nonprofit Entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another Person who or which seeks to attain compliance with this [ article /chanter ]. Sec. [ (*5) ]. PENALTIES AND ENFORCEMENT. (a) The remedies provided by this [ article /chanter ] are cumulative and in addition to any other remedies available at law or in equity. COMMENT: The following provisions are designed to offer a variety of enforcement options to the drafter and the enforcing agency. Drafters may choose to include some or all of these options. Once the ordinance is enacted, the enforcing agency will have the discretion to choose which enforcement tools to use in general and in a particular case. As a practical matter, these enforcement options would not be applied simultaneously, although multiple remedies might be used against a particularly egregious violator over time. If the City or County Code already includes comprehensive enforcement provisions that apply generally to violations of the Code, these sections of the model ordinance can be replaced with a cross reference to the general enforcement chapter: "A violation of this [ article/ chi ] is punishable as provided in [ article/ chi] of this Code." (b) Each use of an Electronic Smoking Device in violation of this [ article /chanter ] is an infraction subject to a [ one hundred dollar ($100) ] fine [ or otherwise punishable pursuant to section of this code ]. Other violations of this [ article /cha��ter ] may, in the discretion of the [ City Prosecutor / District Attorney ], be prosecuted as infractions or misdemeanors when the interests of justice so require. Enforcement of this chapter shall be the responsibility of [ ]. In addition, any peace officer or code enforcement official also may enforce this chapter. COMMENT: The first sentence establishes the penalty for using Electronic Smoking Devices where they are prohibited. The fine amount can be modified but cannot exceed $100 for a first infraction. (See California Government Code section 36900(b).) It is separated from the main enforcement provision that follows, so that law enforcement officers can simply write a ticket for illegal Electronic Smoking Device use. The second sentence, sometimes called a "wobbler," affords the prosecuting attorney discretion whether to pursue other types of violations as infractions (like a parking ticket) or misdemeanors (punishable by up to a $1,000 fine and/or six months in County Jail). Alternatively, violations can be set as either an infraction or a misdemeanor in all 87 Model California Ordinance Regulating Electronic Smoking Devices 23 IN (;1111 ChangeLabSolutions circumstances. Misdemeanors are more serious crimes for which a jury trial is available to defendants. Fines and other criminal penalties are established by the Penal Code and are typically reflected in the general punishments provision of a local code. This provision also designates a primary enforcement agency, which is recommended, but remains flexible by permitting any enforcement agency to enforce the law. (c) Violations of this [ article /chanter ] are subject to a civil action brought by the [ City /County of ], punishable by a civil fine not less than [ two hundred fifty dollars ($250) ] and not exceeding [ one thousand dollars ($1,000) ] per violation. COMMENT: This provision provides civil fines for violating the ordinance. It requires that the city or county file a traditional civil suit. The fine amounts can be adjusted but cannot exceed $1,000 per violation. Government Code section 36901. (d) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this [ article /chanter ] shall also constitute a violation of this [ article /chanter ]. COMMENT: This is standard language that is typically included in a city or county code and may be omitted if duplicative of existing code provisions. (e) Any violation of this [ article /chanter ] is hereby declared to be a nuisance. COMMENT: By expressly declaring a violation of this ordinance to be a nuisance, this provision allows enforcement by the city or county via the administrative nuisance abatement procedures commonly found in municipal codes. It also facilitates injunctive relief (where a court orders that a defendant do certain things or refrain from doing certain things, such as selling Electronic Smoking Devices to minors). (f) In addition to other remedies provided by this [ article / chatter ] or by other law, any violation of this [ article /chanter ] may be remedied by a civil action brought by the [ City Attorney / County Counsel ], including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. COMMENT: It is common to provide that the local government's lawyers may go to court to seek injunctions and other penalties in addition to fines. The express provision for injunctive relief reduces the showing required to obtain a preliminary or permanent injunction as described in IT Corp. v. County of Imperial, 35 Cal. 3d 63 (1983). Think carefully about the nuisance abatement procedure you choose. A local government may provide for treble damages for the second or subsequent nuisance abatement judgment within a two-year period, as long as the ordinance is enacted pursuant to Government Code section 38773.5. Treble damages are not available, however, under the alternative nuisance abatement procedures in Government Code section 38773.1 and Health & Safety Code section 17980. Government Code section 38773.7 (authorizing treble damages) establishes a procedure for nuisance abatement where the cost of the abatement 88 Model California Ordinance Regulating Electronic Smoking Devices 24 m (;1111 ChangeLabSolutions can be collected via the property tax roll as a special assessment against the property on which the violation occurs. (g) Any Person acting in the interests of him-, her- or itself, its members, or the general public (hereinafter "Private Enforcer") may bring a civil action in any court of competent jurisdiction, including small claims court, to enforce this [ article / chapter ] against any Person who has violated this [article /chanter ] two or more times. Upon proof of the violations, a court shall grant all appropriate relief, including: (1) awarding damages; and (2) issuing an injunction or a conditional judgment. [ If there is insufficient or no proof of actual damages for a violation, the court shall award [ one -hundred and fifty dollars ($150) ] for that violation as statutory damages. ] COMMENT: This provision enables private citizens ("Private Enforcers") to go to court— including a trial court or small claims court—to seek compliance with the ordinance through an injunction (a trial court order to do or not do something) or a conditional judgment (a small claims court order requiring the defendant to pay money or to do or refrain from doing something). Monetary damages are available to compensate for actual financial losses. If the optional last sentence is included, a court could award statutory damages of $150 per violation when actual damages are difficult or impossible to prove. The amount of statutory damages can be adjusted but should not exceed $1,000 to avoid an argument that it is a fine in excess of the City of County's authority under Government Code section 36901. A private citizen may bring a lawsuit against an individual or organization only for alleged repeated violations of the law. This limitation is intended to address concerns about the potential for abusive lawsuits. Note: It is recommended that the term "Person" be included in the list of definitions in Section [ (*1)], even if the Municipal Code already contains another definition of "person," because this subsection relies on the broadly inclusive definition of "Person" in Section [ (*1)], [ (h) Notwithstanding an. other of this [ article/ cha��ter ], a Private Enforcer may brim a civil action to enforce this [article /chanter ] only if the following requirements are met: (1) The Private Enforcer's civil action is begun more than [ sixt 60 ] days after the Private Enforcer has given written notice of the alleged violations of this [ article / chi ] to the [ City Attorney / County Counsel ] and to the alleged violator. (2) On the date the Private Enforcer's civil action is filed, no other Person acting on behalf of the [ City /County ] or the state has commenced or is prosecuting an administrative, civil, or criminal action based upon, in whole or in part, any violation which was the subject of the Private Enforcer's notice. [Q) A Private Enforcer shall provide a cony of his, her, or its action to the [ City Attorney / County Counsel ] within [ seven7 ] days of filing it. ] Model California Ordinance Regulating Electronic Smoking Devices 25 12 WOE (;1111 ChangeLabSolutions Upon a settlement or judgment based upon, in whole or in part, any violation which was the subject of the Private Enforcer's notice, the Private Enforcer shallivg e the [ City Attorney / County Counsel ] notice of the settlement or judgment and final disposition of the case within [ thirt 30 ] days of the date of the settlement or judgment. No settlement by a Private Enforcer of a violation of this [ article /chapter ] shall be valid or enforceable if, within [ thirty ] days of receiving notice of the settlement, the [ City Attorney / County Counsel ] determines the settlement to be unreasonable in light of the purposes of this [ article /chanter ]. Any settlement or judgment that does not meet the requirements of this subsection may be set aside upon motion to a court of competent jurisdiction by the [ City Attorney /County Counsel ]. ] COMMENT: This optional provision enables a City Attorney or County Counsel to exercise "oversight" of private citizen enforcement actions permitted in Section [ (*5)(g)], above. If included, this provision allows a City Attorney or County Counsel to track and monitor Private Enforcer lawsuits, and if desired, pursue local government enforcement instead. This oversight provision is intended to address concerns about the potential for abusive lawsuits or collusive settlements by which a Private Enforcer lets a violator off too easily. This provision requires a Private Enforcer to notify the City Attorney or County Counsel prior to filing the lawsuit. If the optional double -underlined language is included, it would also require the Private Enforcer to share a copy of the complaint with the City Attorney or County Counsel. No affirmative action is required by the City Attorney or County Counsel upon receipt of any of these documents; response is optional. The last part of this subsection requires the Private Enforcer to submit a copy of the final settlement or judgment to the City Attorney or County Counsel. The City Attorney or County Counsel then has the opportunity to review and evaluate settlement agreements (but not court -issued judgments) to assess whether or not such agreements reasonably address the violation. This is designed to avoid potentially collusive or otherwise abusive settlement agreements (i.e., "sweetheart deals"). Finally, the City Attorney or County Counsel also has the authority to ask a court to set aside a court judgment if a Private Enforcer fails to comply with the requisite notice requirements. SECTION III. STATUTORY CONSTRUCTION & SEVERABILITY. It is the intent of the [ City Council / Board of Supervisors ] of the [ Cily /County ] of [ ] to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intent. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The [ City Council / Board of Supervisors ] of the [ City /County ] of [ ] hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof independently, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. COMMENT: This is standard language. Often this "boilerplate" is found at the end of an ordinance, but its location is irrelevant. Model California Ordinance Regulating Electronic Smoking Devices 26 13 (;1111 ChangeLabSolutions 1 U.S. Food and Drug Administration. (2001). Electronic Cigarettes. Retrieved on September 22, 2013 from www.fda.gov/newsevents/publichealthfocus/ucm172906.htm. z Corey, C., Johnson, S., Apelberg, B., et al. (2013). "Notes from the Field: Electronic Cigarette Use Among Middle and High School Students - United States, 2011- 2012." Morbidity and Mortality Weekly Report (MMWR). 62(35):729-730. Available at: www.cdc.gov/mmwr/preview/mmwrhtml/mm6235a6.htm. 3Ibid. 4Ibid. S Ibid. 6 King, B., Alam S., Promoff, G., et al. (2013). "Awareness and Ever Use of Electronic Cigarettes Among U.S. Adults, 2010-2011." Nicotine and Tobacco Research, doi: 10.1093/ntr/ntt013, 2013. ' State of California Environmental Protection Agency, Office of Environmental Health Hazard Assessment, Safe Drinking Water and Toxic Enforcement Act of 1986. (2013) Chemicals known to the State of California to cause cancer or reproductive toxicity. Available at: http://oehha.ca.gov/prop65/prop65 list/files/P65sing1e091313. pdf. 8 German Cancer Research Center. (2013). "Electronic Cigarettes - An Overview" Red Series Tobacco PRevention and Control. Available at: www. dkfz. de/de/tabakkontrolle/download/Publikationen/RoteReihe/Band_19_e- cigarettes_on overview. pdf. 9 Goniewicz M, Knysak J, Gawron M, et al. Levels of selected carcinogens and toxicants in vapour from electronic cigarettes. Tob. Control. 2013;1:1-8. Available at: www.ncbi.nlm.nih.gov/pubmed/23467656. Accessed August 2, 2013. io German Cancer Research Center. (2013). "Electronic Cigarettes -An Overview" Red Series Tobacco Prevention and Control. Available at: www. dkfz. de/de/tabakkontrolle/download/Publikationen/RoteReihe/Band_19_e- cigarettes_on overview.pdf. 11 Goniewicz M, Knysak J, Gawron M, et al. (2013). Levels of selected carcinogens and toxicants in vapour from electronic cigarettes. Tob. Control. 1:1-8. Available at: www. ncbi. nlm. nih. go v/pubmed/23467656. iz Williams, M., Villarreal, A., Bozhilov, K., Lin, S., & Talbot, P. (2013). Metal and silicate particles including nanoparticles are present in electronic cigarette cartomizer fluid and aerosol. PloS one, 8(3), e57987. doi:10.1371/journal.pone.0057987 is Schober W, Szendrei K, Matzen W, et al. (2013). Use of electronic cigarettes (e -cigarettes) impairs indoor air quality and increases FeNO levels of e -cigarette consumers. Int. J. Hyg. Environ. Health. Available at: http://dx.doi.org/10.10161j.ijheh.2013.11.003 14 Agency for Toxic Substances and Disease Registery (ATSDR). (2008). Toxic Substances Portal — Aluminum. Available at: www.atsdr.cdc.gov/phs/phs.asp?id=1076&tid=34. is Agency for Toxic Substances and Disease Registery (ATSDR). (2005). Toxic Substances Portal —Tin. Available at: www.atsdr.cdc.gov/phs/phs.asp?id=541&tid=98. 16 United States Environmental Protection Agency. (N.d.) EPA Schools Monitoring Initiative Fact Sheet. Available at: www.epa.gov/air/sat/pdfs/acroleinupdate. pdf. 17 Agency for Toxic Substances and Disease Registery (ATSDR). (2007). Toxic Substances Portal — Acrolein. Available at: www. atsdr.cdc.gov/PHS/PHS.asp?id=554&tid=102. " State of California Environmental Protection Agency Office of Environmental Health Hazard 91 Model California Ordinance Regulating Electronic Smoking Devices 27 14 (;1111 ChangeLabSolutions Assessment. (n.d.). Chronic Toxicity Summary: Toluene. CAS Registry Number: 108-88-3. Available at: http://oehha.ca.gov/air/chronic rels/pdf/108883.pdf. 19 State of California Environmental Protection Agency Office of Environmental Health Hazard Assessment. (n.d.). Chronic Toxicity Summary: Toluene. CAS Registry Number: 108-88-3. Available at: http://oehha.ca.gov/air/chronic rels/pdf/108883.pdf. " Environmental Protection Agency. (2012). Particle Pollution and Health. Available at: www. epa. gov/pm/2012/fsheal th. pdf. 21 Department of Health and Human Servics Food and Drug Administration. (2009). "FDA Evaluation of E -Cigarettes." Available at: www.fda.gov/downloads/drugs/Scienceresearch/UCM173250.pdf. 22 Department of Health and Human Services Food and Drug Administration. (2009). "FDA Evaluation of E -Cigarettes." Available at: www.fda.gov/downloads/drugs/Scienceresearch/UCM173250.pdf. 23 German Cancer Research Center. (2013). "Electronic Cigarettes - An Overview" Red Series Tobacco PRevention and Control. Available at: www.dkfz.de/de/tabakkontrolle/download/Publikationen/RoteReihe/Band 19 —e - cigarettes— an overview.pdf. 24 Schripp, T., Markewitz, D., Uhde, E., & Salthammer, T. (2013). Does e -cigarette consumption cause passive vaping? Indoor Air. 23(1), 25-31. Doi: 10.1111/j.1600 -0668.2012.00792.x 21 Schober W, Szendrei K, Matzen W, et al. (2013). Use of electronic cigarettes (e -cigarettes) impairs indoor air quality and increases FeNO levels of e -cigarette consumers. Int. J. Hyg. Environ. Health. Available at: http://dx.doi.org/10.1016/j.ijheh.2013.11.003. 21 Yamin C, Bitton A, and Bates D. (2010). "E -Cigarettes: A Rapidly Growing Internet Phenomenon." Annals of Internal Medicine, 153:607-609. 2' Chatham -Stephens, K., Law, R., Taylor, E., Melstrom, P., Bunnell, R., Wang, B., & Apelberg, B. (2014). Calls to Poison Centers for Exposures to Electronic Cigarettes - United States, September 2010 — February 2014. Morbidity and Mortality Weekly Report (MMWR), 63(13), 292-294. 28 Chatham-stephens, K., Law, R., Taylor, E., Melstrom, P., Bunnell, R., Wang, B., & Apelberg, B. (2014). Calls to Poison Centers for Exposures to Electronic Cigarettes - United States, September 2010 — February 2014. Morbidity and Mortality Weekly Report (MMWR), 63(13), 292-294. 29 U.S. Food and Drug Administration. (2009) FDA Warns Of Health Risk Posed By E -Cigarettes. Available at: www.fda.gov/downloads/forconsumers/consumerupdates/UCM173430.pdf. 3o Chen, L. (2013). "FDA Summary of Adverse Events on Electronic Cigarettes." Nicotine & Tobacco Research: Official Journal of the Society for Research on Nicotine and Tobacco. 15(2): 615-6. Doi: 10.1093/ntr/nts145. 31 U.S. Food and Drug Administration. (2009). FDA Warns Of Health Risk Posed By E -Cigarettes. Available at: www.fda.gov/downloads/forconsumers/consumerupdates/UCM173430.pdf. 32 World Health Organization. (2013). Questions and Answers on Electronic Cigarettes or Electronic Nicotine Delivery Systems (ENDS). Available at: www.who.int/tobacc%ommunications/statements/eletronic cigarettes/en/. 33 World Medical Association. (2012). Statement on Electronic Cigarettes and Other Electronic Nicotine Delivery Systems. Available at: www. wma.net/en/30publications/10policies/e1g/index.html. pdf?print-media-type&footer- right=[page]/[toPage]. 34 State of California Tobacco Education and Research Oversight Committee. (2013). Position on Electronic Cigarettes (e -cigarettes). Available at: 92 Model California Ordinance Regulating Electronic Smoking Devices 15 28 (;IIII ChangeLabSolutions www.cdph. ca.gov/services/boards/teroc/Documents/Positions/TEROC%20Official%20Position%20of %20E-Cigs_lune%202013_final. pdf. 3s McMillen R, Maduka J and Winickoff J. (2011). "Use of Emerging Tobacco Products in the United States." Journal of Environmental and Public Health. Doi: 10.1155/2012/989474. 36 Legacy Foundation. (2012). Tobacco Fact Sheet: Electronic Cigarettes (E -Cigarettes). Available at: www.legacyforhealth.org/PDFPublications/ECIGARETTE 0909 temp.pdf. 37 Kuschner WG, Reddy S, Mehrotra N, et al. (2011). "Electronic Cigarettes and Thirdhand Smoke: Two Emerging Health Care Challenges for the Primary Care Provider." International Journal of General Medicine. 4:115-120. Available at: www.ncbi.nlm.nih.gov/pmc/articles/PMC30688751. 38 American Cancer Society Cancer Action Network, American Heart Association, Campaign for Tobacco Free Kids, American Lung Association. (2011). Policy Guidance Document Regarding E -Cigarettes. Available at: www.acscan.org/content/wp-content/uploads/2013/06/Policy-Guidance-on-E- Cigarettes-. pdf. 39 American Lung Association in California, the Center for Tobacco Policy and Organizing. (2013). Tobacco Retailer Licensing and Electronic Cigarettes. Available at: http://center4tobaccopolicy. org/wp-content/uploads/2013/O8/E-cigarettes-in-TRL-8.9.13. pdf. ao American Lung Association in California, the Center for Tobacco Policy and Organizing. (2013). Local Policies on the use of Electronic Cigarettes. Available at: http://Center4tobaccopolicy.orglwp- conten t/uploads/2013/11/Local-Policies-on-Use-of-E-Cigs-Nov-2013. pdf. Model California Ordinance Regulating Electronic Smoking Devices 29 16 93 Will County Health Department Tobacco Control & Prevention Sol Ella Avenue Joliet, IL 60433 Phone: (815) 727-8769 www.willcountyhealth.org Health Department Community Health Center This project was made possible by funds received from the Illinois Department of Public Health E -CIGARETTES SHAPED LIKE USB FLASH DRIVES: Xi INFORMATION FOR PARENTS, EDUCATORS, AND HEALTH CARE PROVIDERS Electronic cigarettes (e -cigarettes) are battery -powered devices that can deliver nicotine and flavorings to the user in the form of an aerosol. E -cigarettes come in many shapes and sizes. WHAT'S THE BOTTOM LINE? O A new e -cigarette shaped like a USB flash drive is being used by students in schools. 0 *�** The use of any tobacco product Q — including e-cigarettes—is Unsafe for young people. U.S. Department of Health and Human Services Centers for Disease Control and Prevention Nicotine is highly addictive and can harm brain development, which continues until about age 25. �__ 40 Parents, ed u ca tors, it & health care providers can help prevent and reduce the use of all tobacco products, including e -cigarettes, by young people. Learn HOW 95 » in this fact sheet. JUUL's nicotine liquid refills are called "pods." JUUL is available in several flavors such as Cool Cucumber, Use of JUUL is sometimes Fruit Medley, Mango, and called "JUULing." Mint. r * ! All JUUL e -cigarettes have a JUUL became available for sale in the United States high level of nicotine. in 2015. As of December 2017, JUUL is the top-selling According to the manufacturer, e -cigarette brand in the United States. a single JUUL pod contains as much nicotine as a pack News outlets and social media sites report widespread of 20 regular cigarettes. use of JUUL by students in schools, including in class- rooms and bathrooms. Other devices are becoming available that look like USB flash drives. Examples include the MarkTen Elite, a nicotine delivery device, and the PAX Era, a marijuana delivery device that looks like JUUL. JUUL MarkTen Elite PAX Era E -cigarette aerosol is not harmless. It can contain harmful ingredients. However, e -cigarette aerosol generally contains fewer harmful chemicals than smoke from burned tobacco products, like regular cigarettes. Most e -cigarettes contain nicotine, which is highly addictive and can harm brain development, which continues until about age 25. r�. YOUNG PEOPLE WHO USE E -CIGARETTES MAY BE MORE LIKELY TO GO ON TO USE REGULAR CIGARETTES. di 97 PARENTS CAN: Learn about the different shapes and types of e -cigarettes and the risks of all forms of e -cigarette use for young people. Talk to their children about the risks of e -cigarette use among young people. Express firm expectations that their children remain tobacco -free. Set a positive example by being tobacco -free E OZ- FP EDa PEDIATRIC HEALTH CARE PROVIDERS CAN: Ask about e -cigarettes, including devices shaped like USB flash drives, when screening patients for the use of any tobacco products. Warn patients about the risks of all forms of tobacco product use, including e -cigarettes, for young people. EDUCATORS CAN: Learn about the different shapes and types of e -cigarettes and the risks of all forms of e -cigarette use for young people. Develop, implement, and enforce tobacco -free school policies. Reject youth tobacco prevention programs sponsored by the tobacco industry. These programs have been found to be ineffective for preventing youth tobacco use. PARENTS, EDUCATORS, AND HEALTH CARE PROVIDERS CAN HELP ��G ��EALT��s E-Cigarette Use Among Youth and Young Adults '798 " `��' A Report of the Surgeon General Fact Sheet This Surgeon General's report comprehensively reviews the public health issue of e -cigarettes and their impact on U.S. youth and young adults. Studies highlighted in the report cover young adolescents (11-14 years of age); adolescents (15-17 years of age); and/or young adults (18-25 years of age). Scientific evidence contained in this report supports the following facts: E -cigarettes are a rapidly emerging and diversified product class. These devices typically deliver nicotine, flavorings, and other additives to users via an inhaled aerosol. These devices are referred to by a variety of names, including "e-Gigs,"'e-hookahs;"'mods;"'vape pens;"'vapes;' and "tank systems."  E -cigarettes are battery -powered devices that heat a liquid into an aerosol that the user inhales. �% The liquid usually has nicotine, which comes from tobacco; flavoring; and other additives. �% E -cigarette products can also be used as a delivery system for marijuana and other illicit drugs. E -cigarettes are now the most commonly used tobacco product among youth, surpassing conventional cigarettes in 2014. E -cigarette use is strongly associated with the use of other tobacco products among youth and young adults, including cigarettes and other burned tobacco products. �% In 2015, more than 3 million youth in middle and high school, including about 1 of every 6 high school students, used e -cigarettes in the past month. More than a quarter of youth in middle and high school have tried e -cigarettes. Among high school students, e -cigarette use is higher among males, whites, and Hispanics than among females and African-Americans. �% There is a strong association between the use of e -cigarettes, cigarettes, and the use of other burned tobacco products by young people. In 2015, for example, nearly 6 of 10 high school cigarette smokers also used e -cigarettes. �% Research has found that youth who use a tobacco product, such as e -cigarettes, are more likely to go on to use other tobacco products like cigarettes. E -cigarette use among youth and young adults has become a public health concern. In 2014, current use of e -cigarettes by young adults 18-24 years of age surpassed that of adults 25 years of age and older. Among young adults 18-24 years of age, e -cigarette use more than doubled from 2013 to 2014. As of 2014, more than one-third of young adults had tried e -cigarettes. �% The most recent data available show that the prevalence of past 30 -day use of e -cigarettes was 13.6% among young adults (2014) and 16.0% among high school students (2015). �% The most recent data available show that the prevalence of past 30 -day use of e -cigarettes is similar among middle school students (5.3%) and adults 25 years of age and older (5.7%). �% Among young adults, e -cigarette use is higher among males, whites and Hispanics, and those with less education. The use of products containing nicotine poses dangers to youth, pregnant women, and fetuses. The use of products containing nicotine in any form among youth, including in e -cigarettes, is unsafe. Many e -cigarettes contain nicotine, which is highly addictive. �% The brain is the last organ in the human body to develop fully. Brain development continues until the early to mid-20s. Nicotine exposure during periods of significant brain development, such as adolescence, can disrupt the growth of brain circuits that control attention, learning, and susceptibility to addiction. �% The effects of nicotine exposure during youth and young adulthood can be long-lasting and can include lower impulse control and mood disorders. �% The nicotine in e -cigarettes and othertobacco products can prime young brains for addiction to other drugs, such as cocaine and methamphetamine. U.S. Department of Health and Human Services Fact Sheet (continued) ■ Nicotine can cross the placenta and affect fetal and postnatal development. Nicotine exposure during pregnancy can result in multiple adverse consequences, including sudden infant death syndrome (SIDS). ■ Ingestion of e -cigarette liquids containing nicotine can cause acute toxicity and possible death if the contents of refill cartridges or bottles containing nicotine are consumed. E -cigarette aerosol is not harmless. It can contain harmful and potentially harmful constituents including nicotine. Nicotine exposure during adolescence can cause addiction and can harm the developing adolescent brain. ■ The constituents of e -cigarette liquids can include solvents, flavorants, and toxicants. ■ The aerosol created by e -cigarettes can contain ingredients that are harmful and potentially harmful to the public's health, including: nicotine; ultrafine particles; flavorings such as diacetyl, a chemical linked to serious lung disease; volatile organic compounds such as benzene, which is found in car exhaust; and heavy metals, such as nickel, tin, and lead. E -cigarettes are marketed by promoting flavors and using a wide variety of media channels and approaches that have been used in the past for marketing conventional tobacco products to youth and young adults. ■ E -cigarettes are an estimated $3.5 billion business in the United States. In 2014, e -cigarette manufacturers spent $125 million advertising their products in the U.S. In 2014, more than 7 of 10 middle and high school students said they had seen e -cigarette advertising. Retail stores were the most frequent source of this advertising, followed by the internet,TV and movies, and magazines and newspapers. ■ The 2012 Surgeon General's Report on tobacco use among youth and young adults found that tobacco product advertising causes young people to start using tobacco products. Much of today's e -cigarette advertising uses approaches and themes similar to those that were used to promote conventional tobacco products. ■ E -cigarettes are available in a wide variety of flavors, including many that are especially appealing to youth. More than 85% of e -cigarette users ages 12-17 use flavored e -cigarettes, and flavors are the leading reason for youth use. More than 9 of 10 young adult e -cigarette users said they use e -cigarettes flavored to taste like menthol, alcohol, fruit, chocolate, or other sweets. Action can be taken at the national, state, local, tribal and territorial levels to address e -cigarette use among youth and young adults. Actions could include incorporating e -cigarettes into smokefree policies, preventing access to e -cigarettes by youth, price and tax policies, retail licensure, regulation of e -cigarette marketing likely to attract youth, and educational initiatives targeting youth and young adults. ■ The Food and Drug Administration (FDA) now regulates the manufacturing, importing, packaging, labeling, advertising, promotion, sale, and distribution of e -cigarettes. • In August 2016, FDA began enforcing a ban on vending machine sales unless in adult -only facilities and a ban on free samples and sales to minors. Parents, teachers, health care providers, and others who influence youth and young adults can advise and inform them of the dangers of nicotine; discourage youth tobacco use in any form, including e -cigarettes; and set a positive example by being tobacco -free themselves. Citation: U.S. Department of Health and Human Services. E -Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General—Executive Summary. 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, 2016. 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