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91_HB2357
LRB9104677LDmb
1 AN ACT to amend the Sale of Tobacco to Minors Act by
2 changing Sections 1 and 2 and adding Sections 1.1, 1.5, 1.6,
3 1.7, and 1.8.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Sale of Tobacco to Minors Act is amended
7 by changing Sections 1 and 2 and adding Sections 1.1, 1.5,
8 1.6, 1.7, and 1.8 as follows:
9 (720 ILCS 675/1) (from Ch. 23, par. 2357)
10 Sec. 1. No minor under 18 years of age shall buy any
11 cigar, cigarette, smokeless tobacco or tobacco product in any
12 of its forms. No person shall sell, offer for sale, give
13 away, deliver, buy for, distribute samples of, or furnish any
14 cigar, cigarette, smokeless tobacco or tobacco product in any
15 of its forms, to any minor under 18 years of age.
16 For the purpose of this Act, "tobacco product" means any
17 cigar, cigarette, smokeless tobacco, pipe tobacco, or tobacco
18 in any of its forms.
19 For the purpose of this Act Section, "smokeless tobacco"
20 means any tobacco products that are suitable for dipping or
21 chewing.
22 For the purpose of this Act, "vending machine" means any
23 mechanical, electric, or electronic self-service device
24 which, upon insertion of money, tokens, or any other form of
25 payment, dispenses tobacco products.
26 Tobacco products listed above may be sold through a
27 vending machine only in the following locations:
28 (1) Factories, businesses, offices, private clubs,
29 and other places not open to the general public.
30 (2) Places to which minors under 18 years of age
31 are not permitted access.
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1 (3) Places where alcoholic beverages are sold and
2 consumed on the premises.
3 (4) Places where the vending machine is under the
4 direct supervision of the owner of the establishment or
5 an employee over 18 years of age. The sale of tobacco
6 products from a vending machine under direct supervision
7 of the owner or an employee of the establishment is
8 considered a sale of tobacco products by that person. As
9 used in this subdivision, "direct supervision" means that
10 the owner or employee has an unimpeded line of sight to
11 the vending machine.
12 (5) Places where the vending machine can only be
13 operated by the owner or an employee over age 18 either
14 directly or through a remote control device if the device
15 is inaccessible to all customers.
16 (Source: P.A. 89-181, eff. 7-19-95.)
17 (720 ILCS 675/1.1 new)
18 Sec. 1.1. Affirmative defenses. It is an affirmative
19 defense to a prosecution under Section 1 that:
20 (i) in the case of a sale, the person who sold the
21 tobacco product was presented with, and reasonably relied
22 upon, an identification card which identified the person
23 buying or receiving the tobacco product as being over 18
24 years of age; or
25 (ii) the tobacco product was given or delivered to the
26 person under 18 years of age by his or her parent or guardian
27 and the tobacco product was given or delivered to the person
28 for use in the privacy of his or her parent's or guardian's
29 home or under the direct supervision of the parent or
30 guardian.
31 (720 ILCS 675/1.5 new)
32 Sec. 1.5. Posted notice required. Any person who sells
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1 tobacco products shall post signs informing the public of the
2 age restrictions provided by this Act at or near every
3 display of tobacco products and on or upon every vending
4 machine that offers tobacco products for sale. Each sign
5 shall be plainly visible and shall contain a statement
6 communicating that the sale of tobacco products to persons
7 under 18 years of age is prohibited by law.
8 (720 ILCS 675/1.6 new)
9 Sec. 1.6. Misrepresentation of age or identity.
10 (a) No person under the age of 18 years shall
11 misrepresent his or her identity or age or use any false or
12 altered identification for the purpose of purchasing tobacco
13 products.
14 (b) Any person violating subsection (a) of this Section
15 is guilty of a petty offense punishable by a fine of not more
16 than $25. Upon a conviction for violation of subsection (a)
17 of this Section, the court may allow the defendant to perform
18 community service and be granted credit against his fine and
19 court costs at the rate of $5 for each hour of work
20 performed.
21 (720 ILCS 675/1.7 new)
22 Sec. 1.7. Possession or use by minors prohibited.
23 (a) It is unlawful for any person under the age of 18
24 years to possess or use any tobacco products.
25 (b) Any person violating subsection (a) of this Section
26 is guilty of a petty offense punishable by a fine of not more
27 than $25. Upon a conviction for violation of subsection (a)
28 of this Section, the court may allow the defendant to perform
29 community service and be granted credit against his or her
30 fine and court costs at the rate of $5 for each hour of work
31 performed.
32 (c) It is an affirmative defense to a prosecution under
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1 subsection (a) of this Section that the defendant possessed
2 or used the tobacco product in the home of or under the
3 direct supervision of his or her parent or guardian.
4 (720 ILCS 675/1.8 new)
5 Sec. 1.8. Further regulation by local ordinance. This
6 Act shall not be construed to prohibit the imposition by
7 local law or ordinance of further regulation or prohibition
8 upon the sale of tobacco products to or the use or possession
9 of tobacco products by any person under 18 years of age in a
10 manner that is more stringent than as provided in this Act.
11 (720 ILCS 675/2) (from Ch. 23, par. 2358)
12 Sec. 2. Except as provided in Section 1.6 or 1.7, any
13 person who violates any provision of this Act is guilty of a
14 petty offense and for the first offense shall be fined $200,
15 $400 for the second offense in a 12-month period, and $600
16 for the third or any subsequent offense in a 12-month period.
17 One-half of each fine collected under this Section shall be
18 distributed to the unit of local government or other entity
19 that successfully prosecuted the offender and one-half shall
20 be remitted to the State to be used for enforcing this Act.
21 (Source: P.A. 88-418.)