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| Public Act 093-0960 |
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AN ACT concerning tobacco.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Prevention of Cigarette Sales to Minors Act. | ||||
Section 5. Unlawful shipment or transportation of | ||||
cigarettes. | ||||
(a) It is unlawful for any person engaged in the business | ||||
of selling cigarettes to ship or cause to be shipped any | ||||
cigarettes unless the person shipping the cigarettes:
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(1) is licensed as a distributor under either
the | ||||
Cigarette Tax Act, or the Cigarette Use Tax Act; or
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delivers the cigarettes to a distributor licensed under | ||||
either the Cigarette Tax Act or the Cigarette Use Tax Act; | ||||
or | ||||
(2) ships them to an export warehouse proprietor | ||||
pursuant to
Chapter 52 of the Internal Revenue Code, or an | ||||
operator of
a customs bonded warehouse pursuant to Section | ||||
1311 or
1555 of Title 19 of the United States Code.
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For purposes of this subsection (a), a person is a licensed | ||||
distributor if the person's name appears on a list of licensed | ||||
distributors published by the Illinois Department of Revenue.
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The term cigarette has the same meaning as defined in Section 1 | ||||
of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax | ||||
Act.
Nothing in this Act prohibits a person licensed as a | ||||
distributor under the Cigarette Tax Act or the Cigarette Use | ||||
Tax Act from shipping or causing to be shipped any cigarettes | ||||
to a registered retailer under the Retailers' Occupation Tax | ||||
Act provided the cigarette tax or cigarette use tax has been | ||||
paid.
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(b) A common or contract carrier may transport cigarettes | ||||
to any individual person in this State only if the carrier | ||||
reasonably believes such cigarettes have been received from a | ||
person described in paragraph (a)(1). Common or contract | ||
carriers may make deliveries of cigarettes to licensed | ||
distributors described in paragraph (a)(1) of this Section. | ||
Nothing in this subsection (b) shall be construed to prohibit a | ||
person other than a common or contract carrier from | ||
transporting not more than 1,000 cigarettes at any one time to | ||
any person in this State.
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(c) A common or contract carrier may not complete the | ||
delivery of any cigarettes to persons other than those | ||
described in paragraph (a)(1) of this Section without first | ||
obtaining from the purchaser an official written | ||
identification from any state or federal agency that displays | ||
the person's date of birth or a birth certificate that includes | ||
a reliable confirmation that the purchaser is at least 18 years | ||
of age; that the cigarettes purchased are not intended for | ||
consumption by an individual who is younger than 18 years of | ||
age; and a written statement signed by the purchaser that | ||
certifies the purchaser's address and that the purchaser is at | ||
least 18 years of age. The statement shall also confirm: (1) | ||
that the purchaser understands that signing another person's | ||
name to the certification is illegal; (2) that the sale of | ||
cigarettes to individuals under 18 years of age is illegal; and | ||
(3) that the purchase of cigarettes by individuals under 18 | ||
years of age is illegal under the laws of Illinois. | ||
(d) When a person engaged in the business of selling
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cigarettes ships or causes to be shipped any cigarettes to any | ||
person in this State, other than in the cigarette | ||
manufacturer's or tobacco products manufacturer's original | ||
container or wrapping, the container or wrapping must be | ||
plainly and visibly marked with the word "cigarettes".
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(e) When a peace officer of this State or any duly | ||
authorized officer or employee of the Illinois Department of | ||
Public Health or Department of Revenue discovers any cigarettes | ||
which have been or which are being shipped or transported in | ||
violation of this Section, he or she shall seize and take | ||
possession of the cigarettes, and the cigarettes shall be | ||
subject to a forfeiture action pursuant to the procedures | ||
provided under the Cigarette Tax Act or Cigarette Use Tax Act.
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Section 10. Violation. | ||
(a) A person who violates subsection (a), (b), or (c) of | ||
Section 5 is guilty of a Class A misdemeanor. A second or | ||
subsequent violation of subsection (a), (b), or (c) of Section | ||
5 is a Class 4 felony.
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(b) The Department of Revenue shall impose a civil penalty | ||
not to exceed $5,000 on any person who violates subsection (a), | ||
(b), or (c) of Section 5. The Department of Revenue shall | ||
impose a civil penalty not to exceed $5,000 on any person | ||
engaged in the business of selling cigarettes who ships or | ||
causes to be shipped any such cigarettes to any person in this | ||
State in violation of subsection (d) of Section 5.
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(c) Any person aggrieved by any decision of the Department | ||
of Revenue may, within 60 days after notice of that decision, | ||
protest in writing and request a hearing. The Department of | ||
Revenue shall give notice to the person of the time and place | ||
for the hearing and shall hold a hearing before it issues a | ||
final administrative decision. Absent a written protest within | ||
60 days, the Department's decision shall become final without | ||
any further determination made or notice given.
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Section 99. Effective date. This Act takes effect July 1, | ||
2004.
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