Sen. John G. Mulroe

Filed: 3/8/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3011

2    AMENDMENT NO. ______. Amend Senate Bill 3011 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Cigarette Tax Act is amended by changing
5Section 6 as follows:
 
6    (35 ILCS 130/6)  (from Ch. 120, par. 453.6)
7    Sec. 6. Revocation, cancellation, or suspension of
8license. The Department may, after notice and hearing as
9provided for by this Act, revoke, cancel or suspend the license
10of any distributor, secondary distributor, or retailer for the
11violation of any provision of this Act, or for noncompliance
12with any provision herein contained, or for any noncompliance
13with any lawful rule or regulation promulgated by the
14Department under Section 8 of this Act, or because the licensee
15is determined to be ineligible for a distributor's license for
16any one or more of the reasons provided for in Section 4 of

 

 

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1this Act, or because the licensee is determined to be
2ineligible for a secondary distributor's license for any one or
3more of the reasons provided for in Section 4c of this Act, or
4because the licensee is determined to be ineligible for a
5retailer's license for any one or more of the reasons provided
6for in Section 4g of this Act. However, no such license shall
7be revoked, cancelled or suspended, except after a hearing by
8the Department with notice to the distributor, secondary
9distributor, or retailer, as aforesaid, and affording such
10distributor, secondary distributor, or retailer a reasonable
11opportunity to appear and defend, and any distributor,
12secondary distributor, or retailer aggrieved by any decision of
13the Department with respect thereto may have the determination
14of the Department judicially reviewed, as herein provided.
15    The Department may revoke, cancel, or suspend the license
16of any distributor for a violation of the Tobacco Product
17Manufacturers' Escrow Enforcement Act as provided in Section 30
18of that Act. The Department may revoke, cancel, or suspend the
19license of any secondary distributor for a violation of
20subsection (e) of Section 15 of the Tobacco Product
21Manufacturers' Escrow Enforcement Act.
22    If the retailer has a training program that facilitates
23compliance with minimum-age tobacco laws, the Department shall
24suspend for 3 days the license of that retailer for a fourth or
25subsequent violation of the Prevention of Tobacco Use by
26Persons under 21 Years of Age Minors and Sale and Distribution

 

 

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1of Tobacco Products Act, as provided in subsection (a) of
2Section 2 of that Act. For the purposes of this Section, any
3violation of subsection (a) of Section 2 of the Prevention of
4Tobacco Use by Persons under 21 Years of Age Minors and Sale
5and Distribution of Tobacco Products Act occurring at the
6retailer's licensed location during a 24-month period shall be
7counted as a violation against the retailer.
8    If the retailer does not have a training program that
9facilitates compliance with minimum-age tobacco laws, the
10Department shall suspend for 3 days the license of that
11retailer for a second violation of the Prevention of Tobacco
12Use by Persons under 21 Years of Age Minors and Sale and
13Distribution of Tobacco Products Act, as provided in subsection
14(a-5) of Section 2 of that Act.
15    If the retailer does not have a training program that
16facilitates compliance with minimum-age tobacco laws, the
17Department shall suspend for 7 days the license of that
18retailer for a third violation of the Prevention of Tobacco Use
19by Persons under 21 Years of Age Minors and Sale and
20Distribution of Tobacco Products Act, as provided in subsection
21(a-5) of Section 2 of that Act.
22    If the retailer does not have a training program that
23facilitates compliance with minimum-age tobacco laws, the
24Department shall suspend for 30 days the license of a retailer
25for a fourth or subsequent violation of the Prevention of
26Tobacco Use by Persons under 21 Years of Age Minors and Sale

 

 

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1and Distribution of Tobacco Products Act, as provided in
2subsection (a-5) of Section 2 of that Act.
3    A training program that facilitates compliance with
4minimum-age tobacco laws must include at least the following
5elements: (i) it must explain that only individuals displaying
6valid identification demonstrating that they are 21 18 years of
7age or older shall be eligible to purchase cigarettes or
8tobacco products and (ii) it must explain where a clerk can
9check identification for a date of birth. The training may be
10conducted electronically. Each retailer that has a training
11program shall require each employee who completes the training
12program to sign a form attesting that the employee has received
13and completed tobacco training. The form shall be kept in the
14employee's file and may be used to provide proof of training.
15    Any distributor, secondary distributor, or retailer
16aggrieved by any decision of the Department under this Section
17may, within 20 days after notice of the decision, protest and
18request a hearing. Upon receiving a request for a hearing, the
19Department shall give notice in writing to the distributor,
20secondary distributor, or retailer requesting the hearing that
21contains a statement of the charges preferred against the
22distributor, secondary distributor, or retailer and that
23states the time and place fixed for the hearing. The Department
24shall hold the hearing in conformity with the provisions of
25this Act and then issue its final administrative decision in
26the matter to the distributor, secondary distributor, or

 

 

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1retailer. In the absence of a protest and request for a hearing
2within 20 days, the Department's decision shall become final
3without any further determination being made or notice given.
4    No license so revoked, as aforesaid, shall be reissued to
5any such distributor, secondary distributor, or retailer
6within a period of 6 months after the date of the final
7determination of such revocation. No such license shall be
8reissued at all so long as the person who would receive the
9license is ineligible to receive a distributor's license under
10this Act for any one or more of the reasons provided for in
11Section 4 of this Act, is ineligible to receive a secondary
12distributor's license under this Act for any one or more of the
13reasons provided for in Section 4c of this Act, or is
14determined to be ineligible for a retailer's license under the
15Act for any one or more of the reasons provided for in Section
164g of this Act.
17    The Department upon complaint filed in the circuit court
18may by injunction restrain any person who fails, or refuses, to
19comply with any of the provisions of this Act from acting as a
20distributor, secondary distributor, or retailer of cigarettes
21in this State.
22(Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16.)
 
23    Section 10. The Tobacco Products Tax Act of 1995 is amended
24by changing Section 10-25 as follows:
 

 

 

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1    (35 ILCS 143/10-25)
2    Sec. 10-25. License actions.
3    (a) The Department may, after notice and a hearing, revoke,
4cancel, or suspend the license of any distributor or retailer
5who violates any of the provisions of this Act. The notice
6shall specify the alleged violation or violations upon which
7the revocation, cancellation, or suspension proceeding is
8based.
9    (b) The Department may revoke, cancel, or suspend the
10license of any distributor for a violation of the Tobacco
11Product Manufacturers' Escrow Enforcement Act as provided in
12Section 20 of that Act.
13    (c) If the retailer has a training program that facilitates
14compliance with minimum-age tobacco laws, the Department shall
15suspend for 3 days the license of that retailer for a fourth or
16subsequent violation of the Prevention of Tobacco Use by
17Persons under 21 Years of Age Minors and Sale and Distribution
18of Tobacco Products Act, as provided in subsection (a) of
19Section 2 of that Act. For the purposes of this Section, any
20violation of subsection (a) of Section 2 of the Prevention of
21Tobacco Use by Persons under 21 Years of Age Minors and Sale
22and Distribution of Tobacco Products Act occurring at the
23retailer's licensed location, during a 24-month period, shall
24be counted as a violation against the retailer.
25    If the retailer does not have a training program that
26facilitates compliance with minimum-age tobacco laws, the

 

 

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1Department shall suspend for 3 days the license of that
2retailer for a second violation of the Prevention of Tobacco
3Use by Persons under 21 Years of Age Minors and Sale and
4Distribution of Tobacco Products Act, as provided in subsection
5(a-5) of Section 2 of that Act.
6    If the retailer does not have a training program that
7facilitates compliance with minimum-age tobacco laws, the
8Department shall suspend for 7 days the license of that
9retailer for a third violation of the Prevention of Tobacco Use
10by Persons under 21 Years of Age Minors and Sale and
11Distribution of Tobacco Products Act, as provided in subsection
12(a-5) of Section 2 of that Act.
13    If the retailer does not have a training program that
14facilitates compliance with minimum-age tobacco laws, the
15Department shall suspend for 30 days the license of a retailer
16for a fourth or subsequent violation of the Prevention of
17Tobacco Use by Persons under 21 Years of Age Minors and Sale
18and Distribution of Tobacco Products Act, as provided in
19subsection (a-5) of Section 2 of that Act.
20    A training program that facilitates compliance with
21minimum-age tobacco laws must include at least the following
22elements: (i) it must explain that only individuals displaying
23valid identification demonstrating that they are 21 18 years of
24age or older shall be eligible to purchase cigarettes or
25tobacco products and (ii) it must explain where a clerk can
26check identification for a date of birth. The training may be

 

 

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1conducted electronically. Each retailer that has a training
2program shall require each employee who completes the training
3program to sign a form attesting that the employee has received
4and completed tobacco training. The form shall be kept in the
5employee's file and may be used to provide proof of training.
6    (d) The Department may, by application to any circuit
7court, obtain an injunction restraining any person who engages
8in business as a distributor of tobacco products without a
9license (either because his or her license has been revoked,
10canceled, or suspended or because of a failure to obtain a
11license in the first instance) from engaging in that business
12until that person, as if that person were a new applicant for a
13license, complies with all of the conditions, restrictions, and
14requirements of Section 10-20 of this Act and qualifies for and
15obtains a license. Refusal or neglect to obey the order of the
16court may result in punishment for contempt.
17(Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16.)
 
18    Section 15. The Liquor Control Act of 1934 is amended by
19changing Sections 3-12 and 6-16.1 as follows:
 
20    (235 ILCS 5/3-12)
21    Sec. 3-12. Powers and duties of State Commission.
22    (a) The State commission shall have the following powers,
23functions, and duties:
24        (1) To receive applications and to issue licenses to

 

 

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1    manufacturers, foreign importers, importing distributors,
2    distributors, non-resident dealers, on premise consumption
3    retailers, off premise sale retailers, special event
4    retailer licensees, special use permit licenses, auction
5    liquor licenses, brew pubs, caterer retailers,
6    non-beverage users, railroads, including owners and
7    lessees of sleeping, dining and cafe cars, airplanes,
8    boats, brokers, and wine maker's premises licensees in
9    accordance with the provisions of this Act, and to suspend
10    or revoke such licenses upon the State commission's
11    determination, upon notice after hearing, that a licensee
12    has violated any provision of this Act or any rule or
13    regulation issued pursuant thereto and in effect for 30
14    days prior to such violation. Except in the case of an
15    action taken pursuant to a violation of Section 6-3, 6-5,
16    or 6-9, any action by the State Commission to suspend or
17    revoke a licensee's license may be limited to the license
18    for the specific premises where the violation occurred.
19        In lieu of suspending or revoking a license, the
20    commission may impose a fine, upon the State commission's
21    determination and notice after hearing, that a licensee has
22    violated any provision of this Act or any rule or
23    regulation issued pursuant thereto and in effect for 30
24    days prior to such violation.
25        For the purpose of this paragraph (1), when determining
26    multiple violations for the sale of alcohol to a person

 

 

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1    under the age of 21, a second or subsequent violation for
2    the sale of alcohol to a person under the age of 21 shall
3    only be considered if it was committed within 5 years after
4    the date when a prior violation for the sale of alcohol to
5    a person under the age of 21 was committed.
6        The fine imposed under this paragraph may not exceed
7    $500 for each violation. Each day that the activity, which
8    gave rise to the original fine, continues is a separate
9    violation. The maximum fine that may be levied against any
10    licensee, for the period of the license, shall not exceed
11    $20,000. The maximum penalty that may be imposed on a
12    licensee for selling a bottle of alcoholic liquor with a
13    foreign object in it or serving from a bottle of alcoholic
14    liquor with a foreign object in it shall be the destruction
15    of that bottle of alcoholic liquor for the first 10 bottles
16    so sold or served from by the licensee. For the eleventh
17    bottle of alcoholic liquor and for each third bottle
18    thereafter sold or served from by the licensee with a
19    foreign object in it, the maximum penalty that may be
20    imposed on the licensee is the destruction of the bottle of
21    alcoholic liquor and a fine of up to $50.
22        (2) To adopt such rules and regulations consistent with
23    the provisions of this Act which shall be necessary to
24    carry on its functions and duties to the end that the
25    health, safety and welfare of the People of the State of
26    Illinois shall be protected and temperance in the

 

 

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1    consumption of alcoholic liquors shall be fostered and
2    promoted and to distribute copies of such rules and
3    regulations to all licensees affected thereby.
4        (3) To call upon other administrative departments of
5    the State, county and municipal governments, county and
6    city police departments and upon prosecuting officers for
7    such information and assistance as it deems necessary in
8    the performance of its duties.
9        (4) To recommend to local commissioners rules and
10    regulations, not inconsistent with the law, for the
11    distribution and sale of alcoholic liquors throughout the
12    State.
13        (5) To inspect, or cause to be inspected, any premises
14    in this State where alcoholic liquors are manufactured,
15    distributed, warehoused, or sold. Nothing in this Act
16    authorizes an agent of the Commission to inspect private
17    areas within the premises without reasonable suspicion or a
18    warrant during an inspection. "Private areas" include, but
19    are not limited to, safes, personal property, and closed
20    desks.
21        (5.1) Upon receipt of a complaint or upon having
22    knowledge that any person is engaged in business as a
23    manufacturer, importing distributor, distributor, or
24    retailer without a license or valid license, to notify the
25    local liquor authority, file a complaint with the State's
26    Attorney's Office of the county where the incident

 

 

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1    occurred, or initiate an investigation with the
2    appropriate law enforcement officials.
3        (5.2) To issue a cease and desist notice to persons
4    shipping alcoholic liquor into this State from a point
5    outside of this State if the shipment is in violation of
6    this Act.
7        (5.3) To receive complaints from licensees, local
8    officials, law enforcement agencies, organizations, and
9    persons stating that any licensee has been or is violating
10    any provision of this Act or the rules and regulations
11    issued pursuant to this Act. Such complaints shall be in
12    writing, signed and sworn to by the person making the
13    complaint, and shall state with specificity the facts in
14    relation to the alleged violation. If the Commission has
15    reasonable grounds to believe that the complaint
16    substantially alleges a violation of this Act or rules and
17    regulations adopted pursuant to this Act, it shall conduct
18    an investigation. If, after conducting an investigation,
19    the Commission is satisfied that the alleged violation did
20    occur, it shall proceed with disciplinary action against
21    the licensee as provided in this Act.
22        (6) To hear and determine appeals from orders of a
23    local commission in accordance with the provisions of this
24    Act, as hereinafter set forth. Hearings under this
25    subsection shall be held in Springfield or Chicago, at
26    whichever location is the more convenient for the majority

 

 

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1    of persons who are parties to the hearing.
2        (7) The commission shall establish uniform systems of
3    accounts to be kept by all retail licensees having more
4    than 4 employees, and for this purpose the commission may
5    classify all retail licensees having more than 4 employees
6    and establish a uniform system of accounts for each class
7    and prescribe the manner in which such accounts shall be
8    kept. The commission may also prescribe the forms of
9    accounts to be kept by all retail licensees having more
10    than 4 employees, including but not limited to accounts of
11    earnings and expenses and any distribution, payment, or
12    other distribution of earnings or assets, and any other
13    forms, records and memoranda which in the judgment of the
14    commission may be necessary or appropriate to carry out any
15    of the provisions of this Act, including but not limited to
16    such forms, records and memoranda as will readily and
17    accurately disclose at all times the beneficial ownership
18    of such retail licensed business. The accounts, forms,
19    records and memoranda shall be available at all reasonable
20    times for inspection by authorized representatives of the
21    State commission or by any local liquor control
22    commissioner or his or her authorized representative. The
23    commission, may, from time to time, alter, amend or repeal,
24    in whole or in part, any uniform system of accounts, or the
25    form and manner of keeping accounts.
26        (8) In the conduct of any hearing authorized to be held

 

 

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1    by the commission, to appoint, at the commission's
2    discretion, hearing officers to conduct hearings involving
3    complex issues or issues that will require a protracted
4    period of time to resolve, to examine, or cause to be
5    examined, under oath, any licensee, and to examine or cause
6    to be examined the books and records of such licensee; to
7    hear testimony and take proof material for its information
8    in the discharge of its duties hereunder; to administer or
9    cause to be administered oaths; for any such purpose to
10    issue subpoena or subpoenas to require the attendance of
11    witnesses and the production of books, which shall be
12    effective in any part of this State, and to adopt rules to
13    implement its powers under this paragraph (8).
14        Any Circuit Court may by order duly entered, require
15    the attendance of witnesses and the production of relevant
16    books subpoenaed by the State commission and the court may
17    compel obedience to its order by proceedings for contempt.
18        (9) To investigate the administration of laws in
19    relation to alcoholic liquors in this and other states and
20    any foreign countries, and to recommend from time to time
21    to the Governor and through him or her to the legislature
22    of this State, such amendments to this Act, if any, as it
23    may think desirable and as will serve to further the
24    general broad purposes contained in Section 1-2 hereof.
25        (10) To adopt such rules and regulations consistent
26    with the provisions of this Act which shall be necessary

 

 

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1    for the control, sale or disposition of alcoholic liquor
2    damaged as a result of an accident, wreck, flood, fire or
3    other similar occurrence.
4        (11) To develop industry educational programs related
5    to responsible serving and selling, particularly in the
6    areas of overserving consumers and illegal underage
7    purchasing and consumption of alcoholic beverages.
8        (11.1) To license persons providing education and
9    training to alcohol beverage sellers and servers for
10    mandatory and non-mandatory training under the Beverage
11    Alcohol Sellers and Servers Education and Training
12    (BASSET) programs and to develop and administer a public
13    awareness program in Illinois to reduce or eliminate the
14    illegal purchase and consumption of alcoholic beverage
15    products by persons under the age of 21. Application for a
16    license shall be made on forms provided by the State
17    Commission.
18        (12) To develop and maintain a repository of license
19    and regulatory information.
20        (13) (Blank). On or before January 15, 1994, the
21    Commission shall issue a written report to the Governor and
22    General Assembly that is to be based on a comprehensive
23    study of the impact on and implications for the State of
24    Illinois of Section 1926 of the Federal ADAMHA
25    Reorganization Act of 1992 (Public Law 102-321). This study
26    shall address the extent to which Illinois currently

 

 

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1    complies with the provisions of P.L. 102-321 and the rules
2    promulgated pursuant thereto.
3        As part of its report, the Commission shall provide the
4    following essential information:
5            (i) the number of retail distributors of tobacco
6        products, by type and geographic area, in the State;
7            (ii) the number of reported citations and
8        successful convictions, categorized by type and
9        location of retail distributor, for violation of the
10        Prevention of Tobacco Use by Minors and Sale and
11        Distribution of Tobacco Products Act and the Smokeless
12        Tobacco Limitation Act;
13            (iii) the extent and nature of organized
14        educational and governmental activities that are
15        intended to promote, encourage or otherwise secure
16        compliance with any Illinois laws that prohibit the
17        sale or distribution of tobacco products to minors; and
18            (iv) the level of access and availability of
19        tobacco products to individuals under the age of 18.
20        To obtain the data necessary to comply with the
21    provisions of P.L. 102-321 and the requirements of this
22    report, the Commission shall conduct random, unannounced
23    inspections of a geographically and scientifically
24    representative sample of the State's retail tobacco
25    distributors.
26        The Commission shall consult with the Department of

 

 

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1    Public Health, the Department of Human Services, the
2    Illinois State Police and any other executive branch
3    agency, and private organizations that may have
4    information relevant to this report.
5        The Commission may contract with the Food and Drug
6    Administration of the U.S. Department of Health and Human
7    Services to conduct unannounced investigations of Illinois
8    tobacco vendors to determine compliance with federal laws
9    relating to the illegal sale of cigarettes and smokeless
10    tobacco products to persons under the age of 18.
11        (14) On or before April 30, 2008 and every 2 years
12    thereafter, the Commission shall present a written report
13    to the Governor and the General Assembly that shall be
14    based on a study of the impact of this amendatory Act of
15    the 95th General Assembly on the business of soliciting,
16    selling, and shipping wine from inside and outside of this
17    State directly to residents of this State. As part of its
18    report, the Commission shall provide all of the following
19    information:
20            (A) The amount of State excise and sales tax
21        revenues generated.
22            (B) The amount of licensing fees received.
23            (C) The number of cases of wine shipped from inside
24        and outside of this State directly to residents of this
25        State.
26            (D) The number of alcohol compliance operations

 

 

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1        conducted.
2            (E) The number of winery shipper's licenses
3        issued.
4            (F) The number of each of the following: reported
5        violations; cease and desist notices issued by the
6        Commission; notices of violations issued by the
7        Commission and to the Department of Revenue; and
8        notices and complaints of violations to law
9        enforcement officials, including, without limitation,
10        the Illinois Attorney General and the U.S. Department
11        of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
12        (15) As a means to reduce the underage consumption of
13    alcoholic liquors, the Commission shall conduct alcohol
14    compliance operations to investigate whether businesses
15    that are soliciting, selling, and shipping wine from inside
16    or outside of this State directly to residents of this
17    State are licensed by this State or are selling or
18    attempting to sell wine to persons under 21 years of age in
19    violation of this Act.
20        (16) The Commission shall, in addition to notifying any
21    appropriate law enforcement agency, submit notices of
22    complaints or violations of Sections 6-29 and 6-29.1 by
23    persons who do not hold a winery shipper's license under
24    this amendatory Act to the Illinois Attorney General and to
25    the U.S. Department of Treasury's Alcohol and Tobacco Tax
26    and Trade Bureau.

 

 

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1        (17) (A) A person licensed to make wine under the laws
2    of another state who has a winery shipper's license under
3    this amendatory Act and annually produces less than 25,000
4    gallons of wine or a person who has a first-class or
5    second-class wine manufacturer's license, a first-class or
6    second-class wine-maker's license, or a limited wine
7    manufacturer's license under this Act and annually
8    produces less than 25,000 gallons of wine may make
9    application to the Commission for a self-distribution
10    exemption to allow the sale of not more than 5,000 gallons
11    of the exemption holder's wine to retail licensees per
12    year.
13            (B) In the application, which shall be sworn under
14        penalty of perjury, such person shall state (1) the
15        date it was established; (2) its volume of production
16        and sales for each year since its establishment; (3)
17        its efforts to establish distributor relationships;
18        (4) that a self-distribution exemption is necessary to
19        facilitate the marketing of its wine; and (5) that it
20        will comply with the liquor and revenue laws of the
21        United States, this State, and any other state where it
22        is licensed.
23            (C) The Commission shall approve the application
24        for a self-distribution exemption if such person: (1)
25        is in compliance with State revenue and liquor laws;
26        (2) is not a member of any affiliated group that

 

 

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1        produces more than 25,000 gallons of wine per annum or
2        produces any other alcoholic liquor; (3) will not
3        annually produce for sale more than 25,000 gallons of
4        wine; and (4) will not annually sell more than 5,000
5        gallons of its wine to retail licensees.
6            (D) A self-distribution exemption holder shall
7        annually certify to the Commission its production of
8        wine in the previous 12 months and its anticipated
9        production and sales for the next 12 months. The
10        Commission may fine, suspend, or revoke a
11        self-distribution exemption after a hearing if it
12        finds that the exemption holder has made a material
13        misrepresentation in its application, violated a
14        revenue or liquor law of Illinois, exceeded production
15        of 25,000 gallons of wine in any calendar year, or
16        become part of an affiliated group producing more than
17        25,000 gallons of wine or any other alcoholic liquor.
18            (E) Except in hearings for violations of this Act
19        or amendatory Act or a bona fide investigation by duly
20        sworn law enforcement officials, the Commission, or
21        its agents, the Commission shall maintain the
22        production and sales information of a
23        self-distribution exemption holder as confidential and
24        shall not release such information to any person.
25            (F) The Commission shall issue regulations
26        governing self-distribution exemptions consistent with

 

 

09900SB3011sam001- 21 -LRB099 17071 RLC 45698 a

1        this Section and this Act.
2            (G) Nothing in this subsection (17) shall prohibit
3        a self-distribution exemption holder from entering
4        into or simultaneously having a distribution agreement
5        with a licensed Illinois distributor.
6            (H) It is the intent of this subsection (17) to
7        promote and continue orderly markets. The General
8        Assembly finds that in order to preserve Illinois'
9        regulatory distribution system it is necessary to
10        create an exception for smaller makers of wine as their
11        wines are frequently adjusted in varietals, mixes,
12        vintages, and taste to find and create market niches
13        sometimes too small for distributor or importing
14        distributor business strategies. Limited
15        self-distribution rights will afford and allow smaller
16        makers of wine access to the marketplace in order to
17        develop a customer base without impairing the
18        integrity of the 3-tier system.
19        (18) (A) A class 1 brewer licensee, who must also be
20    either a licensed brewer or licensed non-resident dealer
21    and annually manufacture less than 930,000 gallons of beer,
22    may make application to the State Commission for a
23    self-distribution exemption to allow the sale of not more
24    than 232,500 gallons of the exemption holder's beer to
25    retail licensees per year.
26            (B) In the application, which shall be sworn under

 

 

09900SB3011sam001- 22 -LRB099 17071 RLC 45698 a

1        penalty of perjury, the class 1 brewer licensee shall
2        state (1) the date it was established; (2) its volume
3        of beer manufactured and sold for each year since its
4        establishment; (3) its efforts to establish
5        distributor relationships; (4) that a
6        self-distribution exemption is necessary to facilitate
7        the marketing of its beer; and (5) that it will comply
8        with the alcoholic beverage and revenue laws of the
9        United States, this State, and any other state where it
10        is licensed.
11            (C) Any application submitted shall be posted on
12        the State Commission's website at least 45 days prior
13        to action by the State Commission. The State Commission
14        shall approve the application for a self-distribution
15        exemption if the class 1 brewer licensee: (1) is in
16        compliance with the State, revenue, and alcoholic
17        beverage laws; (2) is not a member of any affiliated
18        group that manufacturers more than 930,000 gallons of
19        beer per annum or produces any other alcoholic
20        beverages; (3) shall not annually manufacture for sale
21        more than 930,000 gallons of beer; (4) shall not
22        annually sell more than 232,500 gallons of its beer to
23        retail licensees; and (5) has relinquished any brew pub
24        license held by the licensee, including any ownership
25        interest it held in the licensed brew pub.
26            (D) A self-distribution exemption holder shall

 

 

09900SB3011sam001- 23 -LRB099 17071 RLC 45698 a

1        annually certify to the State Commission its
2        manufacture of beer during the previous 12 months and
3        its anticipated manufacture and sales of beer for the
4        next 12 months. The State Commission may fine, suspend,
5        or revoke a self-distribution exemption after a
6        hearing if it finds that the exemption holder has made
7        a material misrepresentation in its application,
8        violated a revenue or alcoholic beverage law of
9        Illinois, exceeded the manufacture of 930,000 gallons
10        of beer in any calendar year or became part of an
11        affiliated group manufacturing more than 930,000
12        gallons of beer or any other alcoholic beverage.
13            (E) The State Commission shall issue rules and
14        regulations governing self-distribution exemptions
15        consistent with this Act.
16            (F) Nothing in this paragraph (18) shall prohibit a
17        self-distribution exemption holder from entering into
18        or simultaneously having a distribution agreement with
19        a licensed Illinois importing distributor or a
20        distributor. If a self-distribution exemption holder
21        enters into a distribution agreement and has assigned
22        distribution rights to an importing distributor or
23        distributor, then the self-distribution exemption
24        holder's distribution rights in the assigned
25        territories shall cease in a reasonable time not to
26        exceed 60 days.

 

 

09900SB3011sam001- 24 -LRB099 17071 RLC 45698 a

1            (G) It is the intent of this paragraph (18) to
2        promote and continue orderly markets. The General
3        Assembly finds that in order to preserve Illinois'
4        regulatory distribution system, it is necessary to
5        create an exception for smaller manufacturers in order
6        to afford and allow such smaller manufacturers of beer
7        access to the marketplace in order to develop a
8        customer base without impairing the integrity of the
9        3-tier system.
10    (b) On or before April 30, 1999, the Commission shall
11present a written report to the Governor and the General
12Assembly that shall be based on a study of the impact of this
13amendatory Act of 1998 on the business of soliciting, selling,
14and shipping alcoholic liquor from outside of this State
15directly to residents of this State.
16    As part of its report, the Commission shall provide the
17following information:
18        (i) the amount of State excise and sales tax revenues
19    generated as a result of this amendatory Act of 1998;
20        (ii) the amount of licensing fees received as a result
21    of this amendatory Act of 1998;
22        (iii) the number of reported violations, the number of
23    cease and desist notices issued by the Commission, the
24    number of notices of violations issued to the Department of
25    Revenue, and the number of notices and complaints of
26    violations to law enforcement officials.

 

 

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1(Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15;
298-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff.
38-24-15.)
 
4    (235 ILCS 5/6-16.1)
5    Sec. 6-16.1. Enforcement actions.
6    (a) A licensee or an officer, associate, member,
7representative, agent, or employee of a licensee may sell,
8give, or deliver alcoholic liquor to a person under the age of
921 years or authorize the sale, gift, or delivery of alcoholic
10liquor to a person under the age of 21 years pursuant to a plan
11or action to investigate, patrol, or otherwise conduct a "sting
12operation" or enforcement action against a person employed by
13the licensee or on any licensed premises if the licensee or
14officer, associate, member, representative, agent, or employee
15of the licensee provides written notice, at least 14 days
16before the "sting operation" or enforcement action, unless
17governing body of the municipality or county having
18jurisdiction sets a shorter period by ordinance, to the law
19enforcement agency having jurisdiction, the local liquor
20control commissioner, or both. Notice provided under this
21Section shall be valid for a "sting operation" or enforcement
22action conducted within 60 days of the provision of that
23notice, unless the governing body of the municipality or county
24having jurisdiction sets a shorter period by ordinance.
25    (b) A local liquor control commission or unit of local

 

 

09900SB3011sam001- 26 -LRB099 17071 RLC 45698 a

1government that conducts alcohol and tobacco compliance
2operations shall establish a policy and standards for alcohol
3and tobacco compliance operations to investigate whether a
4licensee is furnishing (1) alcoholic liquor to persons under 21
5years of age in violation of this Act or (2) tobacco to persons
6in violation of the Prevention of Tobacco Use by Persons under
721 Years of Age Minors and Sale and Distribution of Tobacco
8Products Act.
9    (c) The Illinois Law Enforcement Training Standards Board
10shall develop a model policy and guidelines for the operation
11of alcohol and tobacco compliance checks by local law
12enforcement officers. The Illinois Law Enforcement Training
13Standards Board shall also require the supervising officers of
14such compliance checks to have met a minimum training standard
15as determined by the Board. The Board shall have the right to
16waive any training based on current written policies and
17procedures for alcohol and tobacco compliance check operations
18and in-service training already administered by the local law
19enforcement agency, department, or office.
20    (d) The provisions of subsections (b) and (c) do not apply
21to a home rule unit with more than 2,000,000 inhabitants.
22    (e) A home rule unit, other than a home rule unit with more
23than 2,000,000 inhabitants, may not regulate enforcement
24actions in a manner inconsistent with the regulation of
25enforcement actions under this Section. This subsection (e) is
26a limitation under subsection (i) of Section 6 of Article VII

 

 

09900SB3011sam001- 27 -LRB099 17071 RLC 45698 a

1of the Illinois Constitution on the concurrent exercise by home
2rule units of powers and functions exercised by the State.
3    (f) A licensee who is the subject of an enforcement action
4or "sting operation" under this Section and is found, pursuant
5to the enforcement action, to be in compliance with this Act
6shall be notified by the enforcement agency action that no
7violation was found within 30 days after the finding.
8(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
996-1000, eff. 7-2-10.)
 
10    Section 20. The Juvenile Court Act of 1987 is amended by
11changing Sections 5-615 and 5-710 as follows:
 
12    (705 ILCS 405/5-615)
13    Sec. 5-615. Continuance under supervision.
14    (1) The court may enter an order of continuance under
15supervision for an offense other than first degree murder, a
16Class X felony or a forcible felony:
17        (a) upon an admission or stipulation by the appropriate
18    respondent or minor respondent of the facts supporting the
19    petition and before the court makes a finding of
20    delinquency, and in the absence of objection made in open
21    court by the minor, his or her parent, guardian, or legal
22    custodian, the minor's attorney or the State's Attorney; or
23        (b) upon a finding of delinquency and after considering
24    the circumstances of the offense and the history,

 

 

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1    character, and condition of the minor, if the court is of
2    the opinion that:
3            (i) the minor is not likely to commit further
4        crimes;
5            (ii) the minor and the public would be best served
6        if the minor were not to receive a criminal record; and
7            (iii) in the best interests of justice an order of
8        continuance under supervision is more appropriate than
9        a sentence otherwise permitted under this Act.
10    (2) (Blank).
11    (3) Nothing in this Section limits the power of the court
12to order a continuance of the hearing for the production of
13additional evidence or for any other proper reason.
14    (4) When a hearing where a minor is alleged to be a
15delinquent is continued pursuant to this Section, the period of
16continuance under supervision may not exceed 24 months. The
17court may terminate a continuance under supervision at any time
18if warranted by the conduct of the minor and the ends of
19justice or vacate the finding of delinquency or both.
20    (5) When a hearing where a minor is alleged to be
21delinquent is continued pursuant to this Section, the court
22may, as conditions of the continuance under supervision,
23require the minor to do any of the following:
24        (a) not violate any criminal statute of any
25    jurisdiction;
26        (b) make a report to and appear in person before any

 

 

09900SB3011sam001- 29 -LRB099 17071 RLC 45698 a

1    person or agency as directed by the court;
2        (c) work or pursue a course of study or vocational
3    training;
4        (d) undergo medical or psychotherapeutic treatment
5    rendered by a therapist licensed under the provisions of
6    the Medical Practice Act of 1987, the Clinical Psychologist
7    Licensing Act, or the Clinical Social Work and Social Work
8    Practice Act, or an entity licensed by the Department of
9    Human Services as a successor to the Department of
10    Alcoholism and Substance Abuse, for the provision of drug
11    addiction and alcoholism treatment;
12        (e) attend or reside in a facility established for the
13    instruction or residence of persons on probation;
14        (f) support his or her dependents, if any;
15        (g) pay costs;
16        (h) refrain from possessing a firearm or other
17    dangerous weapon, or an automobile;
18        (i) permit the probation officer to visit him or her at
19    his or her home or elsewhere;
20        (j) reside with his or her parents or in a foster home;
21        (k) attend school;
22        (k-5) with the consent of the superintendent of the
23    facility, attend an educational program at a facility other
24    than the school in which the offense was committed if he or
25    she committed a crime of violence as defined in Section 2
26    of the Crime Victims Compensation Act in a school, on the

 

 

09900SB3011sam001- 30 -LRB099 17071 RLC 45698 a

1    real property comprising a school, or within 1,000 feet of
2    the real property comprising a school;
3        (l) attend a non-residential program for youth;
4        (m) contribute to his or her own support at home or in
5    a foster home;
6        (n) perform some reasonable public or community
7    service;
8        (o) make restitution to the victim, in the same manner
9    and under the same conditions as provided in subsection (4)
10    of Section 5-710, except that the "sentencing hearing"
11    referred to in that Section shall be the adjudicatory
12    hearing for purposes of this Section;
13        (p) comply with curfew requirements as designated by
14    the court;
15        (q) refrain from entering into a designated geographic
16    area except upon terms as the court finds appropriate. The
17    terms may include consideration of the purpose of the
18    entry, the time of day, other persons accompanying the
19    minor, and advance approval by a probation officer;
20        (r) refrain from having any contact, directly or
21    indirectly, with certain specified persons or particular
22    types of persons, including but not limited to members of
23    street gangs and drug users or dealers;
24        (r-5) undergo a medical or other procedure to have a
25    tattoo symbolizing allegiance to a street gang removed from
26    his or her body;

 

 

09900SB3011sam001- 31 -LRB099 17071 RLC 45698 a

1        (s) refrain from having in his or her body the presence
2    of any illicit drug prohibited by the Cannabis Control Act,
3    the Illinois Controlled Substances Act, or the
4    Methamphetamine Control and Community Protection Act,
5    unless prescribed by a physician, and submit samples of his
6    or her blood or urine or both for tests to determine the
7    presence of any illicit drug; or
8        (t) comply with any other conditions as may be ordered
9    by the court.
10    (6) A minor whose case is continued under supervision under
11subsection (5) shall be given a certificate setting forth the
12conditions imposed by the court. Those conditions may be
13reduced, enlarged, or modified by the court on motion of the
14probation officer or on its own motion, or that of the State's
15Attorney, or, at the request of the minor after notice and
16hearing.
17    (7) If a petition is filed charging a violation of a
18condition of the continuance under supervision, the court shall
19conduct a hearing. If the court finds that a condition of
20supervision has not been fulfilled, the court may proceed to
21findings, adjudication, and disposition or adjudication and
22disposition. The filing of a petition for violation of a
23condition of the continuance under supervision shall toll the
24period of continuance under supervision until the final
25determination of the charge, and the term of the continuance
26under supervision shall not run until the hearing and

 

 

09900SB3011sam001- 32 -LRB099 17071 RLC 45698 a

1disposition of the petition for violation; provided where the
2petition alleges conduct that does not constitute a criminal
3offense, the hearing must be held within 30 days of the filing
4of the petition unless a delay shall continue the tolling of
5the period of continuance under supervision for the period of
6the delay.
7    (8) When a hearing in which a minor is alleged to be a
8delinquent for reasons that include a violation of Section
921-1.3 of the Criminal Code of 1961 or the Criminal Code of
102012 is continued under this Section, the court shall, as a
11condition of the continuance under supervision, require the
12minor to perform community service for not less than 30 and not
13more than 120 hours, if community service is available in the
14jurisdiction. The community service shall include, but need not
15be limited to, the cleanup and repair of the damage that was
16caused by the alleged violation or similar damage to property
17located in the municipality or county in which the alleged
18violation occurred. The condition may be in addition to any
19other condition.
20    (8.5) When a hearing in which a minor is alleged to be a
21delinquent for reasons that include a violation of Section 3.02
22or Section 3.03 of the Humane Care for Animals Act or paragraph
23(d) of subsection (1) of Section 21-1 of the Criminal Code of
241961 or paragraph (4) of subsection (a) of Section 21-1 or the
25Criminal Code of 2012 is continued under this Section, the
26court shall, as a condition of the continuance under

 

 

09900SB3011sam001- 33 -LRB099 17071 RLC 45698 a

1supervision, require the minor to undergo medical or
2psychiatric treatment rendered by a psychiatrist or
3psychological treatment rendered by a clinical psychologist.
4The condition may be in addition to any other condition.
5    (9) When a hearing in which a minor is alleged to be a
6delinquent is continued under this Section, the court, before
7continuing the case, shall make a finding whether the offense
8alleged to have been committed either: (i) was related to or in
9furtherance of the activities of an organized gang or was
10motivated by the minor's membership in or allegiance to an
11organized gang, or (ii) is a violation of paragraph (13) of
12subsection (a) of Section 12-2 or paragraph (2) of subsection
13(c) of Section 12-2 of the Criminal Code of 1961 or the
14Criminal Code of 2012, a violation of any Section of Article 24
15of the Criminal Code of 1961 or the Criminal Code of 2012, or a
16violation of any statute that involved the unlawful use of a
17firearm. If the court determines the question in the
18affirmative the court shall, as a condition of the continuance
19under supervision and as part of or in addition to any other
20condition of the supervision, require the minor to perform
21community service for not less than 30 hours, provided that
22community service is available in the jurisdiction and is
23funded and approved by the county board of the county where the
24offense was committed. The community service shall include, but
25need not be limited to, the cleanup and repair of any damage
26caused by an alleged violation of Section 21-1.3 of the

 

 

09900SB3011sam001- 34 -LRB099 17071 RLC 45698 a

1Criminal Code of 1961 or the Criminal Code of 2012 and similar
2damage to property located in the municipality or county in
3which the alleged violation occurred. When possible and
4reasonable, the community service shall be performed in the
5minor's neighborhood. For the purposes of this Section,
6"organized gang" has the meaning ascribed to it in Section 10
7of the Illinois Streetgang Terrorism Omnibus Prevention Act.
8    (10) The court shall impose upon a minor placed on
9supervision, as a condition of the supervision, a fee of $50
10for each month of supervision ordered by the court, unless
11after determining the inability of the minor placed on
12supervision to pay the fee, the court assesses a lesser amount.
13The court may not impose the fee on a minor who is made a ward
14of the State under this Act while the minor is in placement.
15The fee shall be imposed only upon a minor who is actively
16supervised by the probation and court services department. A
17court may order the parent, guardian, or legal custodian of the
18minor to pay some or all of the fee on the minor's behalf.
19    (11) (Blank). If a minor is placed on supervision for a
20violation of subsection (a-7) of Section 1 of the Prevention of
21Tobacco Use by Minors Act, the court may, in its discretion,
22and upon recommendation by the State's Attorney, order that
23minor and his or her parents or legal guardian to attend a
24smoker's education or youth diversion program as defined in
25that Act if that program is available in the jurisdiction where
26the offender resides. Attendance at a smoker's education or

 

 

09900SB3011sam001- 35 -LRB099 17071 RLC 45698 a

1youth diversion program shall be time-credited against any
2community service time imposed for any first violation of
3subsection (a-7) of Section 1 of that Act. In addition to any
4other penalty that the court may impose for a violation of
5subsection (a-7) of Section 1 of that Act, the court, upon
6request by the State's Attorney, may in its discretion require
7the offender to remit a fee for his or her attendance at a
8smoker's education or youth diversion program.
9    For purposes of this Section, "smoker's education program"
10or "youth diversion program" includes, but is not limited to, a
11seminar designed to educate a person on the physical and
12psychological effects of smoking tobacco products and the
13health consequences of smoking tobacco products that can be
14conducted with a locality's youth diversion program.
15    In addition to any other penalty that the court may impose
16under this subsection (11):
17        (a) If a minor violates subsection (a-7) of Section 1
18    of the Prevention of Tobacco Use by Minors Act, the court
19    may impose a sentence of 15 hours of community service or a
20    fine of $25 for a first violation.
21        (b) A second violation by a minor of subsection (a-7)
22    of Section 1 of that Act that occurs within 12 months after
23    the first violation is punishable by a fine of $50 and 25
24    hours of community service.
25        (c) A third or subsequent violation by a minor of
26    subsection (a-7) of Section 1 of that Act that occurs

 

 

09900SB3011sam001- 36 -LRB099 17071 RLC 45698 a

1    within 12 months after the first violation is punishable by
2    a $100 fine and 30 hours of community service.
3        (d) Any second or subsequent violation not within the
4    12-month time period after the first violation is
5    punishable as provided for a first violation.
6(Source: P.A. 97-1150, eff. 1-25-13; 98-62, eff. 1-1-14.)
 
7    (705 ILCS 405/5-710)
8    Sec. 5-710. Kinds of sentencing orders.
9    (1) The following kinds of sentencing orders may be made in
10respect of wards of the court:
11        (a) Except as provided in Sections 5-805, 5-810, 5-815,
12    a minor who is found guilty under Section 5-620 may be:
13            (i) put on probation or conditional discharge and
14        released to his or her parents, guardian or legal
15        custodian, provided, however, that any such minor who
16        is not committed to the Department of Juvenile Justice
17        under this subsection and who is found to be a
18        delinquent for an offense which is first degree murder,
19        a Class X felony, or a forcible felony shall be placed
20        on probation;
21            (ii) placed in accordance with Section 5-740, with
22        or without also being put on probation or conditional
23        discharge;
24            (iii) required to undergo a substance abuse
25        assessment conducted by a licensed provider and

 

 

09900SB3011sam001- 37 -LRB099 17071 RLC 45698 a

1        participate in the indicated clinical level of care;
2            (iv) on and after the effective date of this
3        amendatory Act of the 98th General Assembly and before
4        January 1, 2017, placed in the guardianship of the
5        Department of Children and Family Services, but only if
6        the delinquent minor is under 16 years of age or,
7        pursuant to Article II of this Act, a minor for whom an
8        independent basis of abuse, neglect, or dependency
9        exists. On and after January 1, 2017, placed in the
10        guardianship of the Department of Children and Family
11        Services, but only if the delinquent minor is under 15
12        years of age or, pursuant to Article II of this Act, a
13        minor for whom an independent basis of abuse, neglect,
14        or dependency exists. An independent basis exists when
15        the allegations or adjudication of abuse, neglect, or
16        dependency do not arise from the same facts, incident,
17        or circumstances which give rise to a charge or
18        adjudication of delinquency;
19            (v) placed in detention for a period not to exceed
20        30 days, either as the exclusive order of disposition
21        or, where appropriate, in conjunction with any other
22        order of disposition issued under this paragraph,
23        provided that any such detention shall be in a juvenile
24        detention home and the minor so detained shall be 10
25        years of age or older. However, the 30-day limitation
26        may be extended by further order of the court for a

 

 

09900SB3011sam001- 38 -LRB099 17071 RLC 45698 a

1        minor under age 15 committed to the Department of
2        Children and Family Services if the court finds that
3        the minor is a danger to himself or others. The minor
4        shall be given credit on the sentencing order of
5        detention for time spent in detention under Sections
6        5-501, 5-601, 5-710, or 5-720 of this Article as a
7        result of the offense for which the sentencing order
8        was imposed. The court may grant credit on a sentencing
9        order of detention entered under a violation of
10        probation or violation of conditional discharge under
11        Section 5-720 of this Article for time spent in
12        detention before the filing of the petition alleging
13        the violation. A minor shall not be deprived of credit
14        for time spent in detention before the filing of a
15        violation of probation or conditional discharge
16        alleging the same or related act or acts. The
17        limitation that the minor shall only be placed in a
18        juvenile detention home does not apply as follows:
19            Persons 18 years of age and older who have a
20        petition of delinquency filed against them may be
21        confined in an adult detention facility. In making a
22        determination whether to confine a person 18 years of
23        age or older who has a petition of delinquency filed
24        against the person, these factors, among other
25        matters, shall be considered:
26                (A) the age of the person;

 

 

09900SB3011sam001- 39 -LRB099 17071 RLC 45698 a

1                (B) any previous delinquent or criminal
2            history of the person;
3                (C) any previous abuse or neglect history of
4            the person;
5                (D) any mental health history of the person;
6            and
7                (E) any educational history of the person;
8            (vi) ordered partially or completely emancipated
9        in accordance with the provisions of the Emancipation
10        of Minors Act;
11            (vii) subject to having his or her driver's license
12        or driving privileges suspended for such time as
13        determined by the court but only until he or she
14        attains 18 years of age;
15            (viii) put on probation or conditional discharge
16        and placed in detention under Section 3-6039 of the
17        Counties Code for a period not to exceed the period of
18        incarceration permitted by law for adults found guilty
19        of the same offense or offenses for which the minor was
20        adjudicated delinquent, and in any event no longer than
21        upon attainment of age 21; this subdivision (viii)
22        notwithstanding any contrary provision of the law;
23            (ix) ordered to undergo a medical or other
24        procedure to have a tattoo symbolizing allegiance to a
25        street gang removed from his or her body; or
26            (x) placed in electronic home detention under Part

 

 

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1        7A of this Article.
2        (b) A minor found to be guilty may be committed to the
3    Department of Juvenile Justice under Section 5-750 if the
4    minor is at least 13 years and under 20 years of age,
5    provided that the commitment to the Department of Juvenile
6    Justice shall be made only if a term of imprisonment in the
7    penitentiary system of the Department of Corrections is
8    permitted by law for adults found guilty of the offense for
9    which the minor was adjudicated delinquent. The court shall
10    include in the sentencing order any pre-custody credits the
11    minor is entitled to under Section 5-4.5-100 of the Unified
12    Code of Corrections. The time during which a minor is in
13    custody before being released upon the request of a parent,
14    guardian or legal custodian shall also be considered as
15    time spent in custody.
16        (c) When a minor is found to be guilty for an offense
17    which is a violation of the Illinois Controlled Substances
18    Act, the Cannabis Control Act, or the Methamphetamine
19    Control and Community Protection Act and made a ward of the
20    court, the court may enter a disposition order requiring
21    the minor to undergo assessment, counseling or treatment in
22    a substance abuse program approved by the Department of
23    Human Services.
24    (2) Any sentencing order other than commitment to the
25Department of Juvenile Justice may provide for protective
26supervision under Section 5-725 and may include an order of

 

 

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1protection under Section 5-730.
2    (3) Unless the sentencing order expressly so provides, it
3does not operate to close proceedings on the pending petition,
4but is subject to modification until final closing and
5discharge of the proceedings under Section 5-750.
6    (4) In addition to any other sentence, the court may order
7any minor found to be delinquent to make restitution, in
8monetary or non-monetary form, under the terms and conditions
9of Section 5-5-6 of the Unified Code of Corrections, except
10that the "presentencing hearing" referred to in that Section
11shall be the sentencing hearing for purposes of this Section.
12The parent, guardian or legal custodian of the minor may be
13ordered by the court to pay some or all of the restitution on
14the minor's behalf, pursuant to the Parental Responsibility
15Law. The State's Attorney is authorized to act on behalf of any
16victim in seeking restitution in proceedings under this
17Section, up to the maximum amount allowed in Section 5 of the
18Parental Responsibility Law.
19    (5) Any sentencing order where the minor is committed or
20placed in accordance with Section 5-740 shall provide for the
21parents or guardian of the estate of the minor to pay to the
22legal custodian or guardian of the person of the minor such
23sums as are determined by the custodian or guardian of the
24person of the minor as necessary for the minor's needs. The
25payments may not exceed the maximum amounts provided for by
26Section 9.1 of the Children and Family Services Act.

 

 

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1    (6) Whenever the sentencing order requires the minor to
2attend school or participate in a program of training, the
3truant officer or designated school official shall regularly
4report to the court if the minor is a chronic or habitual
5truant under Section 26-2a of the School Code. Notwithstanding
6any other provision of this Act, in instances in which
7educational services are to be provided to a minor in a
8residential facility where the minor has been placed by the
9court, costs incurred in the provision of those educational
10services must be allocated based on the requirements of the
11School Code.
12    (7) In no event shall a guilty minor be committed to the
13Department of Juvenile Justice for a period of time in excess
14of that period for which an adult could be committed for the
15same act. The court shall include in the sentencing order a
16limitation on the period of confinement not to exceed the
17maximum period of imprisonment the court could impose under
18Article V of the Unified Code of Corrections.
19    (7.5) In no event shall a guilty minor be committed to the
20Department of Juvenile Justice or placed in detention when the
21act for which the minor was adjudicated delinquent would not be
22illegal if committed by an adult.
23    (8) A minor found to be guilty for reasons that include a
24violation of Section 21-1.3 of the Criminal Code of 1961 or the
25Criminal Code of 2012 shall be ordered to perform community
26service for not less than 30 and not more than 120 hours, if

 

 

09900SB3011sam001- 43 -LRB099 17071 RLC 45698 a

1community service is available in the jurisdiction. The
2community service shall include, but need not be limited to,
3the cleanup and repair of the damage that was caused by the
4violation or similar damage to property located in the
5municipality or county in which the violation occurred. The
6order may be in addition to any other order authorized by this
7Section.
8    (8.5) A minor found to be guilty for reasons that include a
9violation of Section 3.02 or Section 3.03 of the Humane Care
10for Animals Act or paragraph (d) of subsection (1) of Section
1121-1 of the Criminal Code of 1961 or paragraph (4) of
12subsection (a) of Section 21-1 of the Criminal Code of 2012
13shall be ordered to undergo medical or psychiatric treatment
14rendered by a psychiatrist or psychological treatment rendered
15by a clinical psychologist. The order may be in addition to any
16other order authorized by this Section.
17    (9) In addition to any other sentencing order, the court
18shall order any minor found to be guilty for an act which would
19constitute, predatory criminal sexual assault of a child,
20aggravated criminal sexual assault, criminal sexual assault,
21aggravated criminal sexual abuse, or criminal sexual abuse if
22committed by an adult to undergo medical testing to determine
23whether the defendant has any sexually transmissible disease
24including a test for infection with human immunodeficiency
25virus (HIV) or any other identified causative agency of
26acquired immunodeficiency syndrome (AIDS). Any medical test

 

 

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1shall be performed only by appropriately licensed medical
2practitioners and may include an analysis of any bodily fluids
3as well as an examination of the minor's person. Except as
4otherwise provided by law, the results of the test shall be
5kept strictly confidential by all medical personnel involved in
6the testing and must be personally delivered in a sealed
7envelope to the judge of the court in which the sentencing
8order was entered for the judge's inspection in camera. Acting
9in accordance with the best interests of the victim and the
10public, the judge shall have the discretion to determine to
11whom the results of the testing may be revealed. The court
12shall notify the minor of the results of the test for infection
13with the human immunodeficiency virus (HIV). The court shall
14also notify the victim if requested by the victim, and if the
15victim is under the age of 15 and if requested by the victim's
16parents or legal guardian, the court shall notify the victim's
17parents or the legal guardian, of the results of the test for
18infection with the human immunodeficiency virus (HIV). The
19court shall provide information on the availability of HIV
20testing and counseling at the Department of Public Health
21facilities to all parties to whom the results of the testing
22are revealed. The court shall order that the cost of any test
23shall be paid by the county and may be taxed as costs against
24the minor.
25    (10) When a court finds a minor to be guilty the court
26shall, before entering a sentencing order under this Section,

 

 

09900SB3011sam001- 45 -LRB099 17071 RLC 45698 a

1make a finding whether the offense committed either: (a) was
2related to or in furtherance of the criminal activities of an
3organized gang or was motivated by the minor's membership in or
4allegiance to an organized gang, or (b) involved a violation of
5subsection (a) of Section 12-7.1 of the Criminal Code of 1961
6or the Criminal Code of 2012, a violation of any Section of
7Article 24 of the Criminal Code of 1961 or the Criminal Code of
82012, or a violation of any statute that involved the wrongful
9use of a firearm. If the court determines the question in the
10affirmative, and the court does not commit the minor to the
11Department of Juvenile Justice, the court shall order the minor
12to perform community service for not less than 30 hours nor
13more than 120 hours, provided that community service is
14available in the jurisdiction and is funded and approved by the
15county board of the county where the offense was committed. The
16community service shall include, but need not be limited to,
17the cleanup and repair of any damage caused by a violation of
18Section 21-1.3 of the Criminal Code of 1961 or the Criminal
19Code of 2012 and similar damage to property located in the
20municipality or county in which the violation occurred. When
21possible and reasonable, the community service shall be
22performed in the minor's neighborhood. This order shall be in
23addition to any other order authorized by this Section except
24for an order to place the minor in the custody of the
25Department of Juvenile Justice. For the purposes of this
26Section, "organized gang" has the meaning ascribed to it in

 

 

09900SB3011sam001- 46 -LRB099 17071 RLC 45698 a

1Section 10 of the Illinois Streetgang Terrorism Omnibus
2Prevention Act.
3    (11) If the court determines that the offense was committed
4in furtherance of the criminal activities of an organized gang,
5as provided in subsection (10), and that the offense involved
6the operation or use of a motor vehicle or the use of a
7driver's license or permit, the court shall notify the
8Secretary of State of that determination and of the period for
9which the minor shall be denied driving privileges. If, at the
10time of the determination, the minor does not hold a driver's
11license or permit, the court shall provide that the minor shall
12not be issued a driver's license or permit until his or her
1318th birthday. If the minor holds a driver's license or permit
14at the time of the determination, the court shall provide that
15the minor's driver's license or permit shall be revoked until
16his or her 21st birthday, or until a later date or occurrence
17determined by the court. If the minor holds a driver's license
18at the time of the determination, the court may direct the
19Secretary of State to issue the minor a judicial driving
20permit, also known as a JDP. The JDP shall be subject to the
21same terms as a JDP issued under Section 6-206.1 of the
22Illinois Vehicle Code, except that the court may direct that
23the JDP be effective immediately.
24    (12) (Blank). If a minor is found to be guilty of a
25violation of subsection (a-7) of Section 1 of the Prevention of
26Tobacco Use by Minors Act, the court may, in its discretion,

 

 

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1and upon recommendation by the State's Attorney, order that
2minor and his or her parents or legal guardian to attend a
3smoker's education or youth diversion program as defined in
4that Act if that program is available in the jurisdiction where
5the offender resides. Attendance at a smoker's education or
6youth diversion program shall be time-credited against any
7community service time imposed for any first violation of
8subsection (a-7) of Section 1 of that Act. In addition to any
9other penalty that the court may impose for a violation of
10subsection (a-7) of Section 1 of that Act, the court, upon
11request by the State's Attorney, may in its discretion require
12the offender to remit a fee for his or her attendance at a
13smoker's education or youth diversion program.
14    For purposes of this Section, "smoker's education program"
15or "youth diversion program" includes, but is not limited to, a
16seminar designed to educate a person on the physical and
17psychological effects of smoking tobacco products and the
18health consequences of smoking tobacco products that can be
19conducted with a locality's youth diversion program.
20    In addition to any other penalty that the court may impose
21under this subsection (12):
22        (a) If a minor violates subsection (a-7) of Section 1
23    of the Prevention of Tobacco Use by Minors Act, the court
24    may impose a sentence of 15 hours of community service or a
25    fine of $25 for a first violation.
26        (b) A second violation by a minor of subsection (a-7)

 

 

09900SB3011sam001- 48 -LRB099 17071 RLC 45698 a

1    of Section 1 of that Act that occurs within 12 months after
2    the first violation is punishable by a fine of $50 and 25
3    hours of community service.
4        (c) A third or subsequent violation by a minor of
5    subsection (a-7) of Section 1 of that Act that occurs
6    within 12 months after the first violation is punishable by
7    a $100 fine and 30 hours of community service.
8        (d) Any second or subsequent violation not within the
9    12-month time period after the first violation is
10    punishable as provided for a first violation.
11(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;
1299-268, eff. 1-1-16.)
 
13    Section 25. The Prevention of Tobacco Use by Minors and
14Sale and Distribution of Tobacco Products Act is amended by
15changing the title of the Act and Sections 0.01, 1, and 2 as
16follows:
 
17    (720 ILCS 675/Act title)
18An Act to prohibit persons under 21 years of age minors
19from buying or , selling, or possessing tobacco in any of its
20forms, to prohibit selling, giving or furnishing tobacco, in
21any of its forms, to persons under 21 years of age minors, and
22to prohibit the distribution of tobacco samples and providing
23penalties therefor.
 

 

 

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1    (720 ILCS 675/0.01)  (from Ch. 23, par. 2356.9)
2    Sec. 0.01. Short title. This Act may be cited as the
3Prevention of Tobacco Use by Persons under 21 Years of Age
4Minors and Sale and Distribution of Tobacco Products Act.
5(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
696-1000, eff. 7-2-10.)
 
7    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
8    Sec. 1. Prohibition on sale to and possession of tobacco
9products and electronic cigarettes to underage persons by
10minors; prohibition on the distribution of tobacco product
11samples and electronic cigarette samples to any person; use of
12identification cards; vending machines; lunch wagons;
13out-of-package sales.
14    (a) No person minor under 21 18 years of age shall buy any
15tobacco product or electronic cigarette. No person shall sell,
16buy for, distribute samples of or furnish any tobacco product
17or any electronic cigarette to any person minor under 21 18
18years of age.
19    (a-5) No person minor under 16 years of age may sell any
20tobacco product or electronic cigarette at a retail
21establishment selling tobacco products or electronic
22cigarettes, or both. This subsection does not apply to a sales
23clerk in a family-owned business which can prove that the sales
24clerk is in fact a son or daughter of the owner.
25    (a-5.1) Before selling, offering for sale, giving, or

 

 

09900SB3011sam001- 50 -LRB099 17071 RLC 45698 a

1furnishing a tobacco product or electronic cigarette, to
2another person, the person selling, offering for sale, giving,
3or furnishing the tobacco product or electronic cigarette shall
4verify that the person is at least 21 years of age by:
5        (1) examining from any person that appears to be under
6    30 years of age a government-issued photographic
7    identification that establishes the person to be 21 years
8    of age or older; or
9        (2) for sales of electronic cigarettes made through the
10    Internet or other remote sales methods, performing an age
11    verification through an independent, third party age
12    verification service that compares information available
13    from public records to the personal information entered by
14    the person during the ordering process that establishes the
15    person is 21 years of age or older.
16    (a-6) No person minor under 21 18 years of age in the
17furtherance or facilitation of obtaining any tobacco product
18shall display or use a false or forged identification card or
19transfer, alter, or deface an identification card.
20     (a-7) (Blank). No minor under 18 years of age shall
21possess any cigar, cigarette, smokeless tobacco, or tobacco in
22any of its forms.
23    (a-8) A person shall not distribute without charge samples
24of any tobacco product or electronic cigarette to any other
25person, regardless of age:
26        (1) within a retail establishment selling tobacco

 

 

09900SB3011sam001- 51 -LRB099 17071 RLC 45698 a

1    products, unless the retailer has verified the purchaser's
2    age with a government issued identification;
3        (2) from a lunch wagon; or
4        (3) on a public way as a promotion or advertisement of
5    a tobacco manufacturer, or tobacco product, or electronic
6    cigarette.
7    This subsection (a-8) does not apply to the distribution of
8a tobacco product sample in any adult-only facility.
9    (a-9) For the purpose of this Section:
10        "Adult-only facility means a facility or restricted
11    area (whether open-air or enclosed) where the operator
12    ensures or has a reasonable basis to believe (such as by
13    checking identification as required under State law, or by
14    checking the identification of any person appearing to be
15    under the age of 30 27) that no person under legal age is
16    present. A facility or restricted area need not be
17    permanently restricted to persons under 21 years of legal
18    age to constitute an adult-only facility, provided that the
19    operator ensures or has a reasonable basis to believe that
20    no person under 21 years of legal age is present during the
21    event or time period in question.
22    "Electronic cigarette" means:
23        (1) any device that employs a battery or other
24    mechanism to heat a solution or substance to produce a
25    vapor or aerosol intended for inhalation;
26        (2) any cartridge or container of a solution or

 

 

09900SB3011sam001- 52 -LRB099 17071 RLC 45698 a

1    substance intended to be used with or in the device or to
2    refill the device; or
3        (3) any solution or substance, whether or not it
4    contains nicotine intended for use in the device.
5    "Electronic cigarette" includes, but is not limited to, any
6    electronic nicotine delivery system, electronic cigar,
7    electronic cigarillo, electronic pipe, electronic hookah,
8    vape pen, or similar product or device, and any components
9    or parts that can be used to build the product or device.
10    "Electronic cigarette" excludes cigarettes as defined in
11    Section 1 of the Cigarette Tax Act and tobacco products as
12    defined in Section 10-5 of the Tobacco Products Tax Act of
13    1995. "Electronic cigarette" does not include any asthma
14    inhaler or any product that has been approved by the United
15    States Food and Drug Administration for tobacco cessation,
16    nicotine cessation, or other therapeutic product approved
17    for use under the Compassionate Use of Medical Cannabis
18    Pilot Program Act.
19        "Lunch wagon" means a mobile vehicle designed and
20    constructed to transport food and from which food is sold
21    to the general public.
22        "Smokeless tobacco" means any tobacco products that
23    are suitable for dipping or chewing.
24        "Tobacco product" means any product containing or made
25    from tobacco that is intended for human consumption,
26    whether smoked, heated, chewed, absorbed, dissolved,

 

 

09900SB3011sam001- 53 -LRB099 17071 RLC 45698 a

1    inhaled, snorted, sniffed, or ingested by any other means,
2    including, but not limited to, cigarettes, cigars, little
3    cigars, chewing tobacco, pipe tobacco, snuff, and snus.
4    "Tobacco product" includes any component, part, or
5    accessory of a tobacco product, whether or not sold
6    separately. "Tobacco product" does not include any product
7    that has been approved by the United States Food and Drug
8    Administration for sale as a tobacco cessation product or
9    for other therapeutic purposes in which the product is
10    marketed and sold solely for the an approved purpose means
11    any cigar, cigarette, smokeless tobacco, or tobacco in any
12    of its forms.
13    (b) Tobacco products and electronic cigarettes listed in
14this Section may be sold through a vending machine only if such
15tobacco products and electronic cigarettes are not placed
16together with any non-tobacco product, other than matches, in
17the vending machine and the vending machine is in any of the
18following locations:
19        (1) (Blank).
20        (2) Places to which persons minors under 21 18 years of
21    age are not permitted access at any time.
22        (3) Places where alcoholic beverages are sold and
23    consumed on the premises and vending machine operation is
24    under the direct supervision of the owner or manager.
25        (4) (Blank).
26        (5) (Blank). Places where the vending machine can only

 

 

09900SB3011sam001- 54 -LRB099 17071 RLC 45698 a

1    be operated by the owner or an employee over age 18 either
2    directly or through a remote control device if the device
3    is inaccessible to all customers.
4    (c) (Blank).
5    (d) The sale or distribution by any person of a tobacco
6product in this Section, including but not limited to a single
7or loose cigarette, that is not contained within a sealed
8container, pack, or package as provided by the manufacturer,
9which container, pack, or package bears the health warning
10required by federal law, is prohibited.
11    (e) It is not a violation of this Act for a person under 21
1218 years of age to purchase a tobacco product or possess a
13cigar, cigarette, smokeless tobacco or electronic cigarette
14tobacco in any of its forms if the person under the age of 21 18
15purchases or is given the cigar, cigarette, smokeless tobacco
16or tobacco product or electronic cigarette in any of its forms
17from a retail seller of tobacco products or electronic
18cigarettes or an employee of the retail seller pursuant to a
19plan or action to investigate, patrol, or otherwise conduct a
20"sting operation" or enforcement action against a retail seller
21of tobacco products or electronic cigarettes or a person
22employed by the retail seller of tobacco products or electronic
23cigarettes or on any premises authorized to sell tobacco
24products or electronic cigarettes to determine if tobacco
25products or electronic cigarettes are being sold or given to
26persons under 21 18 years of age if the "sting operation" or

 

 

09900SB3011sam001- 55 -LRB099 17071 RLC 45698 a

1enforcement action is approved by, conducted by, or conducted
2on behalf of the Department of State Police, the county
3sheriff, a municipal police department, the Department of
4Revenue, the Department of Public Health, or a local health
5department. The results of any sting operation or enforcement
6action, including the name of the clerk, shall be provided to
7the retail seller within 7 business days.
8(Source: P.A. 98-1055, eff. 1-1-16.)
 
9    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
10    (Text of Section after amendment by P.A. 99-496)
11    Sec. 2. Penalties.
12    (a) Any person who violates subsection (a), or (a-5),
13(a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or
14(c) of Section 1.5 of this Act is guilty of a petty offense.
15For the first offense in a 24-month period, the person shall be
16fined $200 if his or her employer has a training program that
17facilitates compliance with minimum-age tobacco laws. For the
18second offense in a 24-month period, the person shall be fined
19$400 if his or her employer has a training program that
20facilitates compliance with minimum-age tobacco laws. For the
21third offense in a 24-month period, the person shall be fined
22$600 if his or her employer has a training program that
23facilitates compliance with minimum-age tobacco laws. For the
24fourth or subsequent offense in a 24-month period, the person
25shall be fined $800 if his or her employer has a training

 

 

09900SB3011sam001- 56 -LRB099 17071 RLC 45698 a

1program that facilitates compliance with minimum-age tobacco
2laws. For the purposes of this subsection, the 24-month period
3shall begin with the person's first violation of the Act. The
4penalties in this subsection are in addition to any other
5penalties prescribed under the Cigarette Tax Act and the
6Tobacco Products Tax Act of 1995.
7    (a-5) Any retailer who violates subsection (a) or (a-5) of
8Section 1 or subsection (b) or (c) of Section 1.5 of this Act
9is guilty of a petty offense. For the first offense, the
10retailer shall be fined $200 if it does not have a training
11program that facilitates compliance with minimum-age tobacco
12laws. For the second offense, the retailer shall be fined $400
13if it does not have a training program that facilitates
14compliance with minimum-age tobacco laws. For the third
15offense, the retailer shall be fined $600 if it does not have a
16training program that facilitates compliance with minimum-age
17tobacco laws. For the fourth or subsequent offense in a
1824-month period, the retailer shall be fined $800 if it does
19not have a training program that facilitates compliance with
20minimum-age tobacco laws. For the purposes of this subsection,
21the 24-month period shall begin with the person's first
22violation of the Act. The penalties in this subsection are in
23addition to any other penalties prescribed under the Cigarette
24Tax Act and the Tobacco Products Tax Act of 1995.
25    (a-6) For the purpose of this Act, a training program that
26facilitates compliance with minimum-age tobacco laws must

 

 

09900SB3011sam001- 57 -LRB099 17071 RLC 45698 a

1include at least the following elements: (i) it must explain
2that only individuals displaying valid identification
3demonstrating that they are 21 18 years of age or older shall
4be eligible to purchase cigarettes, or tobacco products, or
5electronic cigarettes and (ii) it must explain where a clerk
6can check identification for a date of birth. The training may
7be conducted electronically. Each retailer that has a training
8program shall require each employee who completes the training
9program to sign a form attesting that the employee has received
10and completed tobacco training. The form shall be kept in the
11employee's file and may be used to provide proof of training.
12    (b) If a minor violates subsection (a-7) of Section 1 or
13subsection (d) of Section 1.5 he or she is guilty of a petty
14offense and the court may impose a sentence of 25 hours of
15community service and a fine of $50 for a first violation. If a
16person under 21 years of age minor violates subsection (a-6) of
17Section 1, he or she is guilty of a Class A misdemeanor.
18    (c) (Blank). A second violation by a minor of subsection
19(a-7) of Section 1 or subsection (d) of Section 1.5 that occurs
20within 12 months after the first violation is punishable by a
21fine of $75 and 50 hours of community service.
22    (d) (Blank). A third or subsequent violation by a minor of
23subsection (a-7) of Section 1 or subsection (d) of Section 1.5
24that occurs within 12 months after the first violation is
25punishable by a $200 fine and 50 hours of community service.
26    (e) (Blank). Any second or subsequent violation not within

 

 

09900SB3011sam001- 58 -LRB099 17071 RLC 45698 a

1the 12-month time period after the first violation is
2punishable as provided for a first violation.
3    (f) (Blank). If a minor is convicted of or placed on
4supervision for a violation of subsection (a-6) or (a-7) of
5Section 1 or subsection (d) of Section 1.5, the court may, in
6its discretion, and upon recommendation by the State's
7Attorney, order that minor and his or her parents or legal
8guardian to attend a smoker's education or youth diversion
9program if that program is available in the jurisdiction where
10the offender resides. Attendance at a smoker's education or
11youth diversion program shall be time-credited against any
12community service time imposed for any first violation of
13subsection (a-7) of Section 1. In addition to any other penalty
14that the court may impose for a violation of subsection (a-7)
15of Section 1 or subsection (d) of Section 1.5, the court, upon
16request by the State's Attorney, may in its discretion require
17the offender to remit a fee for his or her attendance at a
18smoker's education or youth diversion program.
19    (g) (Blank). For purposes of this Section, "smoker's
20education program" or "youth diversion program" includes, but
21is not limited to, a seminar designed to educate a person on
22the physical and psychological effects of smoking tobacco
23products and alternative nicotine products and the health
24consequences of smoking tobacco products and alternative
25nicotine products that can be conducted with a locality's youth
26diversion program.

 

 

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1    (h) All moneys collected as fines for violations of
2subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) or
3(a-7) of Section 1 and subsection (b), (c), or (d) of Section
41.5 shall be distributed in the following manner:
5        (1) one-half of each fine shall be distributed to the
6    unit of local government or other entity that successfully
7    prosecuted the offender; and
8        (2) one-half shall be remitted to the State to be used
9    for enforcing this Act.
10    Any violation of subsection (a) or (a-5) of Section 1 or
11subsection (b) or (c) of Section 1.5 shall be reported to the
12Department of Revenue within 7 business days.
13(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16;
1499-192, eff. 1-1-16; 99-496, eff. 6-1-16.)
 
15    (720 ILCS 675/1.5 rep.)
16    Section 30. The Prevention of Tobacco Use by Minors and
17Sale and Distribution of Tobacco Products Act is amended by
18repealing Section 1.5.
 
19    Section 35. The Display of Tobacco Products Act is amended
20by changing Sections 5, 10, and 15 as follows:
 
21    (720 ILCS 677/5)
22    Sec. 5. Definitions. In this Act:
23    "Electronic cigarette" "Alternative nicotine product" has

 

 

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1the meaning ascribed to it in Section 1 1.5 of the Prevention
2of Tobacco Use by Persons under 21 Years of Age Minors and Sale
3and Distribution of Tobacco Products Act.
4    "Line of sight" means visible to a cashier or other
5employee.
6    "Age restricted area" means a signed designated area in a
7retail establishment to which persons minors under 21 18 years
8of age are not permitted access unless accompanied by a parent
9or legal guardian.
10(Source: P.A. 98-983, eff. 1-1-15.)
 
11    (720 ILCS 677/10)
12    Sec. 10. Tobacco product displays. All single packs of
13cigarettes and electronic cigarettes alternative nicotine
14products must be sold from behind the counter or in an age
15restricted area or in a sealed display case. Any other tobacco
16products must be sold in line of sight.
17    The restrictions described in this Section do not apply to
18a retail tobacco store that (i) derives at least 90% of its
19revenue from tobacco and tobacco related products; (ii) does
20not permit persons under the age of 21 18 to enter the premises
21unless accompanied by a parent or legal guardian; and (iii)
22posts a sign on the main entrance way stating that persons
23under the age of 21 18 are prohibited from entering unless
24accompanied by a parent or legal guardian.
25(Source: P.A. 98-983, eff. 1-1-15.)
 

 

 

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1    (720 ILCS 677/15)
2    Sec. 15. Vending machines. This Act does not prohibit the
3sale of tobacco products from vending machines if the location
4of the vending machines are in compliance with the provisions
5of Section 1 of the Prevention of Tobacco Use by Persons under
621 Years of Age Minors and Sale and Distribution of Tobacco
7Products Act.
8(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
996-1000, eff. 7-2-10.)
 
10    Section 40. The Smokeless Tobacco Limitation Act is amended
11by changing the title of the Act and Sections 3 and 4 as
12follows:
 
13    (720 ILCS 680/Act title)
14An Act to prohibit the sale or distribution of smokeless
15tobacco products to persons under 21 18 years of age.
 
16    (720 ILCS 680/3)  (from Ch. 23, par. 2358-23)
17    Sec. 3. No person shall sell any smokeless tobacco product
18to any person under the age of 21 18. Any person who violates
19this Section shall be guilty of a business offense punishable
20by a fine of not more than $50 for each violation.
21(Source: P.A. 85-465.)
 

 

 

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1    (720 ILCS 680/4)  (from Ch. 23, par. 2358-24)
2    Sec. 4. No person shall distribute or cause to be
3distributed to any person under the age of 21 18, without
4charge or at a nominal cost, any smokeless tobacco product. Any
5person who violates this Section shall be guilty of a business
6offense punishable for a first offense by a fine of $200, for a
7second offense in a 12-month period by a fine of $400, and for
8the third or any subsequent offense in a 12-month period by a
9fine of $600. One-half of each fine collected under this
10Section shall be distributed to the unit of local government or
11other entity that successfully prosecuted the offender and
12one-half shall be remitted to the State to be used for the
13enforcement of this Act.
14(Source: P.A. 88-418.)
 
15    Section 45. The Tobacco Accessories and Smoking Herbs
16Control Act is amended by changing Section 4 as follows:
 
17    (720 ILCS 685/4)  (from Ch. 23, par. 2358-4)
18    Sec. 4. Offenses.
19    (a) Sale to minors. No person shall knowingly sell, barter,
20exchange, deliver or give away or cause or permit or procure to
21be sold, bartered, exchanged, delivered, or given away tobacco
22accessories or smoking herbs to any person under 21 18 years of
23age.
24    (a-5) Sale of bidi cigarettes. No person shall knowingly

 

 

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1sell, barter, exchange, deliver, or give away a bidi cigarette
2to another person, nor shall a person cause or permit or
3procure a bidi cigarette to be sold, bartered, exchanged,
4delivered, or given away to another person.
5    (b) Sale of cigarette paper. No person shall knowingly
6offer, sell, barter, exchange, deliver or give away cigarette
7paper or cause, permit, or procure cigarette paper to be sold,
8offered, bartered, exchanged, delivered, or given away except
9from premises or an establishment where other tobacco products
10are sold. For purposes of this Section, "tobacco products"
11means cigarettes, cigars, smokeless tobacco, or tobacco in any
12of its forms.
13    (b-5) Sale of flavored wrapping paper and wrapping leaf. A
14person shall not knowingly sell, give away, barter, exchange,
15or otherwise furnish to any person any wrapping paper or
16wrapping leaf, however characterized, including, without
17limitation, cigarette papers, blunt wraps, cigar wraps, or
18tubes of paper or leaf, or any similar device, for the purpose
19of making a roll of tobacco or herbs for smoking, that is or is
20held out to be, impregnated, scented, or imbibed with, or aged
21or dipped in, a characterizing flavor, other than tobacco or
22menthol, including, without limitation, alcoholic or liquor
23flavor, or both, chocolate, fruit flavoring, vanilla, peanut
24butter, jelly, or any combination of those flavors or similar
25child attractive scent or flavor.
26    (c) Sale of cigarette paper from vending machines. No

 

 

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1person shall knowingly offer, sell, barter, exchange, deliver
2or give away cigarette paper or cause, permit, or procure
3cigarette paper to be sold, offered, bartered, exchanged,
4delivered, or given away by use of a vending or coin-operated
5machine or device. For purposes of this Section, "cigarette
6paper" shall not include any paper that is incorporated into a
7product to which a tax stamp must be affixed under the
8Cigarette Tax Act or the Cigarette Use Tax Act.
9    (d) Use of identification cards. No person in the
10furtherance or facilitation of obtaining smoking accessories
11and smoking herbs shall display or use a false or forged
12identification card or transfer, alter, or deface an
13identification card.
14    (e) Warning to minors. Any person, firm, partnership,
15company or corporation operating a place of business where
16tobacco accessories and smoking herbs are sold or offered for
17sale shall post in a conspicuous place upon the premises a sign
18upon which there shall be imprinted the following statement,
19"SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO PERSONS UNDER
20EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO
21PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign shall be
22printed on a white card in red letters at least one-half inch
23in height.
24(Source: P.A. 97-917, eff. 8-9-12.)
 
25    Section 95. No acceleration or delay. Where this Act makes

 

 

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1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.".