Rep. Karen A. Yarbrough
Filed: 3/31/2004
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1 | AMENDMENT TO HOUSE BILL 4302
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2 | AMENDMENT NO. ______. Amend House Bill 4302, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Display of
Tobacco Products Act.
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7 | Section 5. Definitions. In this Act:
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8 | "Line of sight" means visible to a cashier or other | ||||||
9 | employee.
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10 | "Age restricted area" means a signed designated area in a | ||||||
11 | retail establishment to which minors under 18 years of age are | ||||||
12 | not permitted access unless accompanied by a parent or legal | ||||||
13 | guardian.
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14 | Section 10. Tobacco product displays. All single packs of | ||||||
15 | cigarettes must be sold from behind the counter or in an age | ||||||
16 | restricted area or in a sealed display case. Any other tobacco | ||||||
17 | products must be sold in line of sight.
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18 | The restrictions described in this Section do not apply to | ||||||
19 | a
retail tobacco store that (i) derives at least 90% of its | ||||||
20 | revenue from tobacco
and tobacco related products; (ii) does | ||||||
21 | not permit persons under the age of 18
to enter the premises | ||||||
22 | unless accompanied by a parent or legal guardian; and (iii) | ||||||
23 | posts a sign on the main entrance way stating
that persons |
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1 | under the age of 18 are prohibited from entering unless | ||||||
2 | accompanied by a parent or legal guardian.
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3 | Section 15. Vending machines. This Act does not prohibit | ||||||
4 | the sale
of tobacco products from vending machines if the | ||||||
5 | location of the
vending machines are in compliance with the | ||||||
6 | provisions of Section 1 of
the Sale of Tobacco to Minors Act.
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7 | Section 20. Sentence. A violation of this Act is a petty | ||||||
8 | offense for which
the court shall impose a fine of not less | ||||||
9 | than $100 nor more than $1,000.
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10 | Section 105. The Sale of Tobacco to Minors Act is amended | ||||||
11 | by changing Section 1 as follows:
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12 | (720 ILCS 675/1) (from Ch. 23, par. 2357)
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13 | Sec. 1. Prohibition on sale of tobacco to minors; vending | ||||||
14 | machines; lunch
wagons.
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15 | (a) No minor under 18 years of age shall buy any cigar,
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16 | cigarette,
smokeless tobacco or tobacco in any of its forms. No | ||||||
17 | person shall sell, buy
for, distribute samples of or furnish | ||||||
18 | any cigar, cigarette, smokeless tobacco
or tobacco in any of | ||||||
19 | its forms, to any minor under 18 years of age. | ||||||
20 | (a-5) No minor under 16 years of
age may sell any cigar, | ||||||
21 | cigarette, smokeless tobacco, or tobacco in any of its
forms at | ||||||
22 | a retail
establishment selling tobacco products. This | ||||||
23 | subsection does not apply
to a sales clerk in a family-owned | ||||||
24 | business which can prove that the sales
clerk
is in fact a son | ||||||
25 | or daughter of the owner.
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26 | For the purpose of this Section, "smokeless tobacco" means | ||||||
27 | any tobacco
products that are suitable for dipping or chewing.
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28 | (b) Tobacco products listed above may be sold through a | ||||||
29 | vending machine
only in
the following locations:
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30 | (1) Factories, businesses, offices, private clubs, and |
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1 | other places not
open to the general public.
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2 | (2) Places to which minors under 18 years of age are | ||||||
3 | not permitted access.
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4 | (3) Places where alcoholic beverages are sold and | ||||||
5 | consumed on the
premises.
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6 | (4) Places where the vending machine is under the | ||||||
7 | direct supervision of
the owner of the establishment or an | ||||||
8 | employee over 18 years of age. The sale
of tobacco products | ||||||
9 | from a vending machine under direct supervision of the
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10 | owner or an employee of the establishment is considered a | ||||||
11 | sale of tobacco
products by that person. As used in this | ||||||
12 | subdivision, "direct supervision"
means that the owner or | ||||||
13 | employee has an unimpeded line of sight to the vending
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14 | machine.
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15 | (5) Places where the vending machine can only be | ||||||
16 | operated by the owner or
an employee over age 18 either | ||||||
17 | directly or through a remote control device if
the device | ||||||
18 | is inaccessible to all customers.
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19 | (c) The sale or distribution at no charge of cigarettes | ||||||
20 | from a lunch wagon
engaging in any sales activity within 1,000 | ||||||
21 | feet of any public or private
elementary or secondary school | ||||||
22 | grounds is prohibited.
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23 | For the purpose of this Section, "lunch wagon" means a | ||||||
24 | mobile vehicle
designed and constructed to transport food and | ||||||
25 | from which food is sold to the
general public.
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26 | (Source: P.A. 93-284, eff. 1-1-04.)
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27 | Section 999. Effective date. This Act takes effect January | ||||||
28 | 1, 2005.".
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