093_HB0318eng

 
HB0318 Engrossed                     LRB093 03425 RLC 03445 b

 1        AN ACT in relation to tobacco products.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Display of Tobacco Products Act.

 6        Section 5.  Definitions. In this Act:
 7        "Age restricted area" means an enclosed  designated  area
 8    in  a  retail  establishment  that is directly visible to the
 9    cashier, separated from the other areas of the establishment,
10    with a single separate entrance through which no one under 18
11    years of age is allowed to enter.
12        "Tobacco  product"  means   a   cigar,   loose   tobacco,
13    cigarette,   packs   of  cigarettes,  or  smokeless  tobacco,
14    excluding cartons of cigarettes.
15        "Smokeless tobacco" means any  tobacco  product  that  is
16    suitable for dipping or chewing.

17        Section 10.  Tobacco product displays.
18        (a)  It  is  unlawful to sell, offer for sale, give away,
19    or display tobacco products for sale at any  location  unless
20    the  tobacco  products  are  displayed from behind a sales or
21    service counter or in an age  restricted  area  of  a  retail
22    establishment  or  in  an  enclosed  display  case  so that a
23    consumer  cannot  access   tobacco   products   without   the
24    assistance   of  an  employee  of  the  retail  establishment
25    authorized to sell tobacco products. At the entrance  of  the
26    age  restricted  area shall be posted a legible sign at least
27    12 inches high by 12 inches wide stating:
28             "Age Restricted Area. No One Under  the  Age  of  18
29        Permitted to Enter."
30        (b)  The  restrictions described in subsection (a) do not
 
HB0318 Engrossed            -2-      LRB093 03425 RLC 03445 b
 1    apply to a retail tobacco store that (i) derives at least 90%
 2    of its revenue from tobacco  and  tobacco  related  products;
 3    (ii) does not permit persons under the age of 18 to enter the
 4    premises;  and  (iii)  posts  a sign on the main entrance way
 5    stating that persons under the age of 18 are prohibited  from
 6    entering.

 7        Section 15.  Vending machines. This Act does not prohibit
 8    the  sale  of  tobacco  products from vending machines if the
 9    location of the vending machines are in compliance  with  the
10    provisions of Section 1 of the Sale of Tobacco to Minors Act.

11        Section  20. Sentence. A violation of this Act is a petty
12    offense for which the court shall impose a fine of  not  less
13    than $100 nor more than $1,000.