Illinois General Assembly - Bill Status for HB4302

Creates the Display of Tobacco Products Act. Provides that it is unlawful to sell, offer for sale, give away, or display tobacco products for sale at any location where the consumer can acquire those products through self-service. Provides that every tobacco product must be displayed from behind a sales or service counter so that a consumer cannot access tobacco products without assistance by an employee of the retail establishment authorized to sell tobacco products. Exempts the sale of tobacco products from vending machines if the vending machines are located in places authorized under the Sale of Tobacco to Minors Act. Provides that a violation is a petty offense. Exempts retail tobacco stores. Amends the Sale of Tobacco to Minors Act. Prohibits a minor under 18 years of age from selling tobacco products at a retail establishment authorized to sell tobacco products. Exempts a sales clerk in a family-owned business which can prove that the clerk is in fact a son or daughter of the owner. Effective January 1, 2005.

Deletes all. Creates the Display of Tobacco Products Act. Provides that it is unlawful to sell, offer for sale, give away, or display tobacco products for sale at any location unless the tobacco products are displayed from behind a sales or service counter or in an age restricted area of a retail establishment or in an enclosed display case so that a consumer cannot access tobacco products without the assistance of an employee of the retail establishment authorized to sell tobacco products. Provides that these restrictions do not apply to a retail tobacco store that (i) derives at least 90% of its revenue from tobacco and tobacco related products; (ii) does not permit persons under the age of 18 to enter the premises; and (iii) posts a sign on the main entrance way stating that persons under the age of 18 are prohibited from entering. Provides that a minor under 18 years of age may not sell any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms at a retail establishment. Provides that this prohibition does not apply to a sales clerk in a family-owned business that can prove that the sales clerk is the son or daughter of the owner. Provides that a violation of the Act is a petty offense for which the court shall impose a fine of not less than $100 nor more than $1,000.

Deletes everything after the enacting clause. Reinserts the provisions of the bill. Provides that single packs of cigarettes must be sold from behind the counter or in an age restricted area in which minors under 18 years of age are not permitted access or in a sealed display case and all other tobacco products must be in the line of sight of the cashier or other employee of the store. Provides that persons at least 16 years of age may sell tobacco products. Effective January 1, 2005.

Deletes everything after the enacting clause. Reinserts the provisions of the bill as amended with the following changes. Defines "line of sight" as being visible to a cashier or other employee. Deletes from the definition of line of sight "whether directly or by means of mirrors or monitors". Provides that a person under 18 years of age may be permitted in an age restricted area if accompanied by a parent or legal guardian. Effective January 1, 2005.

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