HomeMy Public PortalAboutOrdinance 3407 VILLAGE OF PLAINFIELD
ORDINANCE NO. 3407
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 4TH DAY OF MARCH 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 5t" day of March 2019.
ORDINANCE NO. 3407
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
ovcrctruck 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) ore-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.
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.
(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 )
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 bicli 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 (72C) 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, § II1,10-15-01; 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.
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 ('h) 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.
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. 3407.
PASSED the 4th day of March 2019.
AYES: Lamb, Newton, O'Rourke, Wojowski, Bonuchi
NAYS: Larson
ABSENT: None
APPROVED this 4th day of March 2019.
c.,,,,,/id
Michael P. Collins
/Village President
ES D AND FILED, MY OFFICE:
/, // `'
Michelle Gibas
Village Clerk
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.
igarette means any electronic device usually composed
of a mouthpiccc, a h ting clement or at:••' - , . e- --. . •e - - _ -
provide a gas derived from liquid nicotine and/or other substances which is inhaled by a
user simulating smoking. The to •• •• -e- - • e- - -__ _ - _ •- e- _
the product app arance or markt. -: . --, _- -- _ - . _ _ - -_ _ - -•• _
cigarette, cigar, pipe or other smoking device.
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.
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, § Il, 10-15-01; Ord. No. 3063, § 3 (Exh. A), 7-16-12; Ord. No. 3169, § 2
(Exh. A), 7-21-14; Ord. No. _Leff )
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 cigarettes, cigars, or other 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
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 )
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 miners 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 eighteen (18)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 (18) twenty-one (21) years of age.
(b) Sale of bidi cigarettes. It shall be unlawful for any person to sell, barter,
exchange, deliver or gve 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;
(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, § II1,10-15-01; 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 miners persons under twenty-one years of age
prohibited.
It shall be unlawful for any person under the age of cightccn (18) 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 cightccn (18) twenty-one
an 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
Sec. 4-197. Use of identification cards.
No person in the furtherance or facilitation of obtaining electronic cigarettes,
tobacco products, g 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 minors 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 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 (%) 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 accessorieselectronic 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)