093_HB0077
LRB093 02629 DRJ 02639 b
1 AN ACT concerning tobacco.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Sale of Tobacco to Minors Act is amended
5 by changing the title of the Act and Sections 0.01 and 1 as
6 follows:
7 (720 ILCS 675/Act title)
8 An Act to prohibit persons under 19 years of age minors
9 from buying or selling tobacco in any of its forms, to
10 prohibit selling, giving or furnishing tobacco, in any of its
11 forms, to those persons minors, and providing penalties
12 therefor.
13 (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
14 Sec. 0.01. Short title. This Act may be cited as the
15 Sale of Tobacco to Underage Persons Minors Act.
16 (Source: P.A. 86-1324.)
17 (720 ILCS 675/1) (from Ch. 23, par. 2357)
18 Sec. 1. Except as otherwise provided in this Section, no
19 person minor under 19 18 years of age shall buy any cigar,
20 cigarette, smokeless tobacco or tobacco in any of its forms.
21 Except as otherwise provided in this Section, no person shall
22 sell, buy for, distribute samples of or furnish any cigar,
23 cigarette, smokeless tobacco or tobacco in any of its forms,
24 to any person minor under 19 18 years of age.
25 For the purpose of this Section, "smokeless tobacco"
26 means any tobacco products that are suitable for dipping or
27 chewing.
28 Tobacco products listed above may be sold through a
29 vending machine only in the following locations:
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1 (1) Factories, businesses, offices, private clubs,
2 and other places not open to the general public.
3 (2) Places to which persons minors under 19 18
4 years of age are not permitted access.
5 (3) Places where alcoholic beverages are sold and
6 consumed on the premises.
7 (4) Places where the vending machine is under the
8 direct supervision of the owner of the establishment or
9 an employee 19 over 18 years of age or older. The sale
10 of tobacco products from a vending machine under direct
11 supervision of the owner or an employee of the
12 establishment is considered a sale of tobacco products by
13 that person. As used in this subdivision, "direct
14 supervision" means that the owner or employee has an
15 unimpeded line of sight to the vending machine.
16 (5) Places where the vending machine can only be
17 operated only by the owner or an employee 19 years of
18 over age or older 18 either directly or through a remote
19 control device if the device is inaccessible to all
20 customers.
21 (Source: P.A. 89-181, eff. 7-19-95.)
22 Section 10. The Smokeless Tobacco Limitation Act is
23 amended by changing the title of the Act and Sections 3 and 4
24 as follows:
25 (720 ILCS 680/Act title)
26 An Act to prohibit the sale or distribution of smokeless
27 tobacco products to persons under 19 18 years of age.
28 (720 ILCS 680/3) (from Ch. 23, par. 2358-23)
29 Sec. 3. No person shall sell any smokeless tobacco
30 product to any person under the age of 19 18. Any person who
31 violates this Section shall be guilty of a business offense
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1 punishable by a fine of not more than $50 for each violation.
2 (Source: P.A. 85-465.)
3 (720 ILCS 680/4) (from Ch. 23, par. 2358-24)
4 Sec. 4. No person shall distribute or cause to be
5 distributed to any person under the age of 19 18, without
6 charge or at a nominal cost, any smokeless tobacco product.
7 Any person who violates this Section shall be guilty of a
8 business offense punishable for a first offense by a fine of
9 $200, for a second offense in a 12-month period by a fine of
10 $400, and for the third or any subsequent offense in a
11 12-month period by a fine of $600. One-half of each fine
12 collected under this Section shall be distributed to the unit
13 of local government or other entity that successfully
14 prosecuted the offender and one-half shall be remitted to the
15 State to be used for the enforcement of this Act.
16 (Source: P.A. 88-418.)
17 Section 15. The Tobacco Accessories and Smoking Herbs
18 Control Act is amended by changing the title of the Act and
19 Sections 2 and 4 as follows:
20 (720 ILCS 685/Act title)
21 An Act providing protection for the public health and
22 safety by prohibiting the sale or delivery of tobacco
23 accessories or smoking herbs to persons under 19 years of age
24 minors.
25 (720 ILCS 685/2) (from Ch. 23, par. 2358-2)
26 Sec. 2. Purpose. The sale and possession of marijuana,
27 hashish, cocaine, opium and their derivatives, is not only
28 prohibited by Illinois Law, but the use of these substances
29 has been deemed injurious to the health of the user.
30 It has further been determined by the Surgeon General of
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1 the United States that the use of tobacco is hazardous to
2 human health.
3 The ready availability of smoking herbs to persons under
4 19 years of age minors could lead to the use of tobacco and
5 illegal drugs.
6 It is in the best interests of the citizens of the State
7 of Illinois to seek to prohibit the spread of illegal drugs,
8 tobacco or smoking materials to persons under 19 years of age
9 minors. The prohibition of the sale of tobacco and snuff
10 accessories and smoking herbs to persons under 19 years of
11 age minors would help to curb the usage of illegal drugs and
12 tobacco products, among our youth.
13 (Source: P.A. 82-487.)
14 (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
15 Sec. 4. Offenses.
16 (a) Sale to persons under 19 years of age minors. No
17 person shall knowingly sell, barter, exchange, deliver or
18 give away or cause or permit or procure to be sold, bartered,
19 exchanged, delivered, or given away tobacco accessories or
20 smoking herbs to any person under 19 18 years of age.
21 (a-5) Sale of bidi cigarettes. No person shall knowingly
22 sell, barter, exchange, deliver, or give away a bidi
23 cigarette to another person, nor shall a person cause or
24 permit or procure a bidi cigarette to be sold, bartered,
25 exchanged, delivered, or given away to another person.
26 (b) Sale of cigarette paper. No person shall knowingly
27 offer, sell, barter, exchange, deliver or give away cigarette
28 paper or cause, permit, or procure cigarette paper to be
29 sold, offered, bartered, exchanged, delivered, or given away
30 except from premises or an establishment where other tobacco
31 products are sold. For purposes of this Section, "tobacco
32 products" means cigarettes, cigars, smokeless tobacco, or
33 tobacco in any of its forms.
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1 (c) Sale of cigarette paper from vending machines. No
2 person shall knowingly offer, sell, barter, exchange, deliver
3 or give away cigarette paper or cause, permit, or procure
4 cigarette paper to be sold, offered, bartered, exchanged,
5 delivered, or given away by use of a vending or coin-operated
6 machine or device. For purposes of this Section, "cigarette
7 paper" shall not include any paper that is incorporated into
8 a product to which a tax stamp must be affixed under the
9 Cigarette Tax Act or the Cigarette Use Tax Act.
10 (d) Use of identification cards. No person in the
11 furtherance or facilitation of obtaining smoking accessories
12 and smoking herbs shall display or use a false or forged
13 identification card or transfer, alter, or deface an
14 identification card.
15 (e) Warning to persons under 19 years of age minors.
16 Any person, firm, partnership, company or corporation
17 operating a place of business where tobacco accessories and
18 smoking herbs are sold or offered for sale shall post in a
19 conspicuous place upon the premises a sign upon which there
20 shall be imprinted the following statement, "SALE OF TOBACCO
21 ACCESSORIES AND SMOKING HERBS TO PERSONS UNDER NINETEEN
22 EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO
23 PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign shall be
24 printed on a white card in red letters at least one-half inch
25 in height.
26 (Source: P.A. 91-734, eff. 1-1-01.)
27 Section 99. Effective date. This Act takes effect
28 January 1, 2004.