Rep. Karen A. Yarbrough
Filed: 3/31/2004
 
 

 




 

 		












09300HB4302ham003

LRB093 18119 RLC 49463 a






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AMENDMENT TO HOUSE BILL 4302




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    AMENDMENT NO. ______. Amend House Bill 4302, AS AMENDED, by 
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replacing everything after the enacting clause with the 
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following:

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



 
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    Section 5. Definitions.  In this Act:


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    "Line of sight" means visible to a cashier or other 
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employee.

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    "Age restricted area" means a signed designated area in a 
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retail establishment to which minors under 18 years of age are 
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not permitted access unless accompanied by a parent or legal 
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guardian.

 
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    Section 10. Tobacco product displays.  All single packs of 
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cigarettes must be sold from behind the counter or in an age 
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restricted area or in a sealed display case.  Any other tobacco 
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products must be sold in line of sight.

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    The restrictions described in this Section do not apply to 
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a
retail tobacco store that (i) derives at least 90% of its 
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revenue from tobacco
and tobacco related products; (ii) does 
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not permit persons under the age of 18
to enter the premises 
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unless accompanied by a parent or legal guardian; and (iii) 
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posts a sign on the main entrance way stating
that persons 
 


 






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under the age of 18 are prohibited from entering unless 
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accompanied by a parent or legal guardian.



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



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

 
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    Section 105. The Sale of Tobacco to Minors Act is amended  
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by changing Section 1 as follows:
 



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    (720 ILCS 675/1)  (from Ch. 23, par. 2357)


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    Sec. 1. Prohibition on sale of tobacco to minors; vending 
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machines; lunch
wagons.

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    (a) No minor under 18 years of age shall buy any cigar,

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cigarette,
smokeless tobacco or tobacco in any of its forms. No 
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person shall sell, buy
for, distribute samples of or furnish 
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any cigar, cigarette, smokeless tobacco
or tobacco in any of 
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its forms, to any minor under 18 years of age. 
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    (a-5) No minor under 16 years of
age may sell any cigar, 
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cigarette, smokeless tobacco, or tobacco in any of its
forms at 
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a retail
establishment selling  tobacco products.  This 
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subsection does not apply
to a sales clerk in a family-owned 
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business which can prove that the sales
clerk
is in fact a son 
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or daughter of the owner.


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    For the purpose of this Section, "smokeless tobacco" means 
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any tobacco
products that are suitable for dipping or chewing.

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    (b) Tobacco products listed above may be sold through a 
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vending machine
only in
the following locations:


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        (1) Factories, businesses, offices, private clubs, and 
 


 






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other places not
open to the general public.


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        (2) Places to which minors under 18 years of age are 
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not permitted access.


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        (3) Places where alcoholic beverages are sold and 
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consumed on the
premises.


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        (4) Places where the vending machine is under the 
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direct supervision of
the owner of the establishment or an 
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employee over 18 years of age.  The sale
of tobacco products 
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from a vending machine under direct supervision of the

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owner or an employee of the establishment is considered a 
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sale of tobacco
products by that person.  As used in this 
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subdivision, "direct supervision"
means that the owner or 
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employee has an unimpeded line of sight to the vending

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machine.


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        (5) Places where the vending machine can only be 
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operated by the owner or
an employee over age 18 either 
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directly or through a remote control device if
the device 
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is inaccessible to all customers.

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    (c) The sale or distribution at no charge of cigarettes 
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from a lunch wagon
engaging in any sales activity within 1,000 
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feet of any public or private
elementary or secondary school 
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grounds is prohibited.

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    For the purpose of this Section, "lunch wagon" means a 
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mobile vehicle
designed and constructed to transport food and 
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from which food is sold to the
general public.

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(Source: P.A. 93-284, eff. 1-1-04.)



 
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    Section 999. Effective date. This Act takes effect January 
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1, 2005.".