093_SB1030enr

 
SB1030 Enrolled                      LRB093 03421 RLC 03441 b

 1        AN ACT in relation to criminal law.

 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 Section 1 as follows:

 6        (720 ILCS 675/1) (from Ch. 23, par. 2357)
 7        Sec.  1.  Prohibition  on  sale  of  tobacco  to  minors;
 8    vending machines; lunch wagons.
 9        (a)  No minor under 18 years of age shall buy any  cigar,
10    cigarette,  smokeless tobacco or tobacco in any of its forms.
11    No person shall sell,  buy  for,  distribute  samples  of  or
12    furnish any cigar, cigarette, smokeless tobacco or tobacco in
13    any of its forms, to any minor under 18 years of age.
14        For  the  purpose  of  this  Section, "smokeless tobacco"
15    means any tobacco products that are suitable for  dipping  or
16    chewing.
17        (b)  Tobacco  products listed above may be sold through a
18    vending machine only in the following locations:
19             (1)  Factories, businesses, offices, private  clubs,
20        and other places not open to the general public.
21             (2)  Places  to  which  minors under 18 years of age
22        are not permitted access.
23             (3)  Places where alcoholic beverages are  sold  and
24        consumed on the premises.
25             (4)  Places  where  the vending machine is under the
26        direct supervision of the owner of the  establishment  or
27        an  employee  over  18 years of age.  The sale of tobacco
28        products from a vending machine under direct  supervision
29        of  the  owner  or  an  employee  of the establishment is
30        considered a sale of tobacco products by that person.  As
31        used in this subdivision, "direct supervision" means that
 
SB1030 Enrolled             -2-      LRB093 03421 RLC 03441 b
 1        the owner or employee has an unimpeded line of  sight  to
 2        the vending machine.
 3             (5)  Places  where  the  vending machine can only be
 4        operated by the owner or an employee over age  18  either
 5        directly or through a remote control device if the device
 6        is inaccessible to all customers.
 7        (c)  The  sale or distribution at no charge of cigarettes
 8    from a lunch wagon engaging  in  any  sales  activity  within
 9    1,000  feet  of any public or private elementary or secondary
10    school grounds is prohibited.
11        For the purpose of this Section, "lunch  wagon"  means  a
12    mobile vehicle designed and constructed to transport food and
13    from which food is sold to the general public.
14    (Source: P.A. 89-181, eff. 7-19-95.)