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| Public Act 093-0886 |
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AN ACT in relation to tobacco products.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Display of
Tobacco Products Act.
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Section 5. Definitions. In this Act:
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"Line of sight" means visible to a cashier or other | ||||
employee.
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"Age restricted area" means a signed designated area in a | ||||
retail establishment to which minors under 18 years of age are | ||||
not permitted access unless accompanied by a parent or legal | ||||
guardian.
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Section 10. Tobacco product displays. All single packs of | ||||
cigarettes must be sold from behind the counter or in an age | ||||
restricted area or in a sealed display case. Any other tobacco | ||||
products must be sold in line of sight.
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The restrictions described in this Section do not apply to | ||||
a
retail tobacco store that (i) derives at least 90% of its | ||||
revenue from tobacco
and tobacco related products; (ii) does | ||||
not permit persons under the age of 18
to enter the premises | ||||
unless accompanied by a parent or legal guardian; and (iii) | ||||
posts a sign on the main entrance way stating
that persons | ||||
under the age of 18 are prohibited from entering unless | ||||
accompanied by a parent or legal guardian.
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Section 15. Vending machines. This Act does not prohibit | ||||
the sale
of tobacco products from vending machines if the | ||||
location of the
vending machines are in compliance with the | ||||
provisions of Section 1 of
the Sale of Tobacco to Minors Act.
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Section 20. Sentence. A violation of this Act is a petty | ||||
offense for which
the court shall impose a fine of not less | ||
than $100 nor more than $1,000.
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Section 105. The Sale of Tobacco to Minors Act is amended | ||
by changing Section 1 as follows:
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(720 ILCS 675/1) (from Ch. 23, par. 2357)
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Sec. 1. Prohibition on sale of tobacco to minors; vending | ||
machines; lunch
wagons.
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(a) No minor under 18 years of age shall buy any cigar,
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cigarette,
smokeless tobacco or tobacco in any of its forms. No | ||
person shall sell, buy
for, distribute samples of or furnish | ||
any cigar, cigarette, smokeless tobacco
or tobacco in any of | ||
its forms, to any minor under 18 years of age. | ||
(a-5) No minor under 16 years of
age may sell any cigar, | ||
cigarette, smokeless tobacco, or tobacco in any of its
forms at | ||
a retail
establishment selling tobacco products. This | ||
subsection does not apply
to a sales clerk in a family-owned | ||
business which can prove that the sales
clerk
is in fact a son | ||
or daughter of the owner.
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For the purpose of this Section, "smokeless tobacco" means | ||
any tobacco
products that are suitable for dipping or chewing.
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(b) Tobacco products listed above may be sold through a | ||
vending machine
only in
the following locations:
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(1) Factories, businesses, offices, private clubs, and | ||
other places not
open to the general public.
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(2) Places to which minors under 18 years of age are | ||
not permitted access.
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(3) Places where alcoholic beverages are sold and | ||
consumed on the
premises.
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(4) Places where the vending machine is under the | ||
direct supervision of
the owner of the establishment or an | ||
employee over 18 years of age. The sale
of tobacco products | ||
from a vending machine under direct supervision of the
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owner or an employee of the establishment is considered a | ||
sale of tobacco
products by that person. As used in this | ||
subdivision, "direct supervision"
means that the owner or | ||
employee has an unimpeded line of sight to the vending
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machine.
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(5) Places where the vending machine can only be | ||
operated by the owner or
an employee over age 18 either | ||
directly or through a remote control device if
the device | ||
is inaccessible to all customers.
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(c) The sale or distribution at no charge of cigarettes | ||
from a lunch wagon
engaging in any sales activity within 1,000 | ||
feet of any public or private
elementary or secondary school | ||
grounds is prohibited.
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For the purpose of this Section, "lunch wagon" means a | ||
mobile vehicle
designed and constructed to transport food and | ||
from which food is sold to the
general public.
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(Source: P.A. 93-284, eff. 1-1-04.)
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Section 999. Effective date. This Act takes effect January | ||
1, 2005. | ||