|
offense for which
the court shall impose a fine of not less |
than $100 nor more than $1,000.
|
Section 105. The Sale of Tobacco to Minors Act is amended |
by changing Section 1 as follows:
|
(720 ILCS 675/1) (from Ch. 23, par. 2357)
|
Sec. 1. Prohibition on sale of tobacco to minors; vending |
machines; lunch
wagons.
|
(a) No minor under 18 years of age shall buy any cigar,
|
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.
|
For the purpose of this Section, "smokeless tobacco" means |
any tobacco
products that are suitable for dipping or chewing.
|
(b) Tobacco products listed above may be sold through a |
vending machine
only in
the following locations:
|
(1) Factories, businesses, offices, private clubs, and |
other places not
open to the general public.
|
(2) Places to which minors under 18 years of age are |
not permitted access.
|
(3) Places where alcoholic beverages are sold and |
consumed on the
premises.
|
(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
|
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
|
machine.
|
(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.
|
(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.
|
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.
|
(Source: P.A. 93-284, eff. 1-1-04.)
|
Section 999. Effective date. This Act takes effect January |
1, 2005. |
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