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90_HB0796eng
65 ILCS 5/11-20-3.1 new
720 ILCS 675/Act title
720 ILCS 675/0.01 from Ch. 23, par. 2356.9
720 ILCS 675/1 from Ch. 23, par. 2357
720 ILCS 675/2 from Ch. 23, par. 2358
Amends the Illinois Municipal Code. Provides that a
municipality may provide for the regulation, licensing, and
inspection of any retail business or establishment selling
cigarettes or other tobacco products, may determine the
number of licenses, and may determine the location for sales.
Amends the Sale of Tobacco to Minors Act. Changes the short
title to the Prevention of Tobacco Use by Minors Act.
Prohibits minors from possessing or smoking tobacco (now only
the buying by and the sale and distribution to minors of
tobacco is prohibited). Provides that the court may impose
for possession or smoking of tobacco products by a minor up
to 25 hours of community service for the first offense, up to
25 hours of community service and a fine not to exceed $25
for the second offense, and up to 50 hours of community
service and a fine not to exceed $50 for the third or
subsequent offense. Exempts from violations the possession or
smoking of tobacco products by minors who are members of the
Armed Forces or Reserve Forces and those who participate in
an experimental or research program that is conducted by an
accredited institution of higher education to study the
effects of tobacco products on minors.
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1 AN ACT in relation to sale, possession, and use of
2 tobacco products by minors.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 10. The Sale of Tobacco to Minors Act is amended
6 by changing the title of the Act and Sections 0.01, 1, and 2
7 as follows:
8 (720 ILCS 675/Act title)
9 An Act to prevent the use or possession of tobacco by
10 minors prohibit minors from buying or selling tobacco in any
11 of its forms, to prohibit selling, giving or furnishing
12 tobacco, in any of its forms, to minors, and providing
13 penalties therefor.
14 (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
15 Sec. 0.01. Short title. This Act may be cited as the
16 Prevention of Tobacco Use by Sale of Tobacco to Minors Act.
17 (Source: P.A. 86-1324.)
18 (720 ILCS 675/1) (from Ch. 23, par. 2357)
19 Sec. 1. Sale to and possession and smoking by minors of
20 tobacco prohibited.
21 (a) No minor under 18 years of age shall buy any cigar,
22 cigarette, smokeless tobacco or tobacco in any of its forms.
23 No person shall sell, buy for, distribute samples of or
24 furnish any cigar, cigarette, smokeless tobacco or tobacco in
25 any of its forms, to any minor under 18 years of age.
26 (b) No minor under 18 years of age shall possess or
27 smoke any cigar, cigarette, smokeless tobacco, or tobacco in
28 any of its forms.
29 (c) For the purpose of this Section, "smokeless tobacco"
HB0796 Engrossed -2- LRB9003781RCks
1 means any tobacco products that are suitable for dipping or
2 chewing.
3 (d) Tobacco products listed in this Section above may be
4 sold through a vending machine only in the following
5 locations:
6 (1) Factories, businesses, offices, private clubs,
7 and other places not open to the general public.
8 (2) Places to which minors under 18 years of age
9 are not permitted access.
10 (3) Places where alcoholic beverages are sold and
11 consumed on the premises.
12 (4) Places where the vending machine is under the
13 direct supervision of the owner of the establishment or
14 an employee over 18 years of age. The sale of tobacco
15 products from a vending machine under direct supervision
16 of the owner or an employee of the establishment is
17 considered a sale of tobacco products by that person. As
18 used in this subdivision, "direct supervision" means that
19 the owner or employee has an unimpeded line of sight to
20 the vending machine.
21 (5) Places where the vending machine can only be
22 operated by the owner or an employee over age 18 either
23 directly or through a remote control device if the device
24 is inaccessible to all customers.
25 (e) This Section does not apply to the possession or
26 smoking of a cigar, cigarette, smokeless tobacco, or tobacco
27 in any of its forms by a person under 18 years of age who is:
28 (1) a member of the Armed Services or Reserved
29 Forces of the United States; or
30 (2) participating in an experimental or research
31 program that is conducted by an accredited institution of
32 higher education to study the effects of tobacco products
33 on persons under 18 years of age.
34 (Source: P.A. 89-181, eff. 7-19-95.)
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1 (720 ILCS 675/2) (from Ch. 23, par. 2358)
2 Sec. 2. Any person who violates subsection (a) of
3 Section 1 any provision of this Act is guilty of a petty
4 offense and for the first offense shall be fined $200, $400
5 for the second offense in a 12-month period, and $600 for the
6 third or any subsequent offense in a 12-month period. Any
7 person who violates subsection (b) of Section 1 of this Act
8 is guilty of a petty offense and the court may impose a term
9 of up to 25 hours of community service for the first offense,
10 a term of up to 25 hours of community service and a fine not
11 to exceed $25 for the second offense in a 12-month period,
12 and a term of up to 30 hours of community service and a fine
13 not to exceed $50 for the third or any subsequent offense in
14 a 12-month period. The court may require an offender who is
15 convicted of or placed on supervision for a violation of
16 subsection (b) of Section 1 of this Act to attend a smoker's
17 education program, if such a program is available in the
18 jurisdiction where the offender resides and if the offender
19 consents to attend the program. Attendance at a smoker's
20 education program shall be time-credited against any
21 community service time imposed for any first offense
22 violation of subsection (b) of Section 1 of this Act. The
23 court may impose a fee upon an offender who attends a
24 smoker's education program to defray the costs of the
25 program. For purposes of this Section, "smoker's education
26 program" means a seminar designed to educate a person on the
27 physical and psychological effects of smoking tobacco
28 products and the health consequences of smoking tobacco
29 products. One-half of each fine collected under this Section
30 shall be distributed to the unit of local government or other
31 entity that successfully prosecuted the offender and one-half
32 shall be remitted to the State to be used for enforcing this
33 Act.
34 (Source: P.A. 88-418.)