[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
92_SB1796
LRB9215380LBcs
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Sale of Tobacco to Minors Act is amended
5 by changing Section 1 and adding Section 3 as follows:
6 (720 ILCS 675/1) (from Ch. 23, par. 2357)
7 Sec. 1. No minor under 18 years of age shall buy any
8 cigar, cigarette, smokeless tobacco or tobacco in any of its
9 forms. No person shall sell, buy for, distribute samples of
10 or furnish any cigar, cigarette, smokeless tobacco or tobacco
11 in any of its forms, to any minor under 18 years of age.
12 Sales prohibited under this Section include sales using the
13 Internet.
14 For the purpose of this Section, "smokeless tobacco"
15 means any tobacco products that are suitable for dipping or
16 chewing.
17 Tobacco products listed above may be sold through a
18 vending machine only in the following locations:
19 (1) Factories, businesses, offices, private clubs,
20 and other places not open to the general public.
21 (2) Places to which minors under 18 years of age
22 are not permitted access.
23 (3) Places where alcoholic beverages are sold and
24 consumed on the premises.
25 (4) Places where the vending machine is under the
26 direct supervision of the owner of the establishment or
27 an employee over 18 years of age. The sale of tobacco
28 products from a vending machine under direct supervision
29 of the owner or an employee of the establishment is
30 considered a sale of tobacco products by that person. As
31 used in this subdivision, "direct supervision" means that
-2- LRB9215380LBcs
1 the owner or employee has an unimpeded line of sight to
2 the vending machine.
3 (5) Places where the vending machine can only be
4 operated by the owner or an employee over age 18 either
5 directly or through a remote control device if the device
6 is inaccessible to all customers.
7 (Source: P.A. 89-181, eff. 7-19-95.)
8 (720 ILCS 675/3 new)
9 Sec. 3. Sale using Internet; injunctive relief. If the
10 State's Attorney has reasonable cause to believe that a
11 person is engaged in, or has engaged in, any act involving
12 the sale of a tobacco product using the Internet that would
13 constitute a violation of Section 1, the State's Attorney may
14 bring a civil action for injunctive relief against the
15 person, as the State's Attorney determines to be necessary to
16 restrain the person from engaging, or continuing to engage,
17 in the violation. The State's Attorney may bring an action
18 under this Section only in the county in which the recipient
19 of the tobacco product resides or is found. This Section
20 applies only to sales of tobacco products made on or after
21 the effective date of this amendatory Act of the 92nd General
22 Assembly.
23 Section 10. The Smokeless Tobacco Limitation Act is
24 amended by changing Section 3 and adding Section 5 as
25 follows:
26 (720 ILCS 680/3) (from Ch. 23, par. 2358-23)
27 Sec. 3. No person shall sell any smokeless tobacco
28 product to any person under the age of 18. Sales prohibited
29 under this Section include sales using the Internet. Any
30 person who violates this Section shall be guilty of a
31 business offense punishable by a fine of not more than $50
-3- LRB9215380LBcs
1 for each violation.
2 (Source: P.A. 85-465.)
3 (720 ILCS 680/5 new)
4 Sec. 5. Sale using Internet; injunctive relief. If the
5 State's Attorney has reasonable cause to believe that a
6 person is engaged in, or has engaged in, any act involving
7 the sale of a smokeless tobacco product using the Internet
8 that would constitute a violation of Section 3, the State's
9 Attorney may bring a civil action for injunctive relief
10 against the person, as the State's Attorney determines to be
11 necessary to restrain the person from engaging, or continuing
12 to engage, in the violation. The State's Attorney may bring
13 an action under this Section only in the county in which the
14 recipient of the smokeless tobacco product resides or is
15 found. This Section applies only to sales of smokeless
16 tobacco products made on or after the effective date of this
17 amendatory Act of the 92nd General Assembly.
18 Section 15. The Tobacco Accessories and Smoking Herbs
19 Control Act is amended by changing Section 4 and adding
20 Section 6 as follows:
21 (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
22 Sec. 4. Offenses.
23 (a) Sale to minors. No person shall knowingly sell,
24 barter, exchange, deliver or give away or cause or permit or
25 procure to be sold, bartered, exchanged, delivered, or given
26 away tobacco accessories or smoking herbs to any person under
27 18 years of age.
28 (a-5) Sale of bidi cigarettes. No person shall knowingly
29 sell, barter, exchange, deliver, or give away a bidi
30 cigarette to another person, nor shall a person cause or
31 permit or procure a bidi cigarette to be sold, bartered,
-4- LRB9215380LBcs
1 exchanged, delivered, or given away to another person.
2 (b) Sale of cigarette paper. No person shall knowingly
3 offer, sell, barter, exchange, deliver or give away cigarette
4 paper or cause, permit, or procure cigarette paper to be
5 sold, offered, bartered, exchanged, delivered, or given away
6 except from premises or an establishment where other tobacco
7 products are sold. For purposes of this Section, "tobacco
8 products" means cigarettes, cigars, smokeless tobacco, or
9 tobacco in any of its forms.
10 (c) Sale of cigarette paper from vending machines. No
11 person shall knowingly offer, sell, barter, exchange, deliver
12 or give away cigarette paper or cause, permit, or procure
13 cigarette paper to be sold, offered, bartered, exchanged,
14 delivered, or given away by use of a vending or coin-operated
15 machine or device. For purposes of this Section, "cigarette
16 paper" shall not include any paper that is incorporated into
17 a product to which a tax stamp must be affixed under the
18 Cigarette Tax Act or the Cigarette Use Tax Act.
19 (c-5) Sales to minors prohibited under this Section
20 include sales using the Internet.
21 (d) Use of identification cards. No person in the
22 furtherance or facilitation of obtaining smoking accessories
23 and smoking herbs shall display or use a false or forged
24 identification card or transfer, alter, or deface an
25 identification card.
26 (e) Warning to minors. Any person, firm, partnership,
27 company or corporation operating a place of business where
28 tobacco accessories and smoking herbs are sold or offered for
29 sale shall post in a conspicuous place upon the premises a
30 sign upon which there shall be imprinted the following
31 statement, "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO
32 PERSONS UNDER EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION
33 OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW". The
34 sign shall be printed on a white card in red letters at least
-5- LRB9215380LBcs
1 one-half inch in height.
2 (Source: P.A. 91-734, eff. 1-1-01.)
3 (720 ILCS 685/6 new)
4 Sec. 6. Sale using Internet; injunctive relief. If the
5 State's Attorney has reasonable cause to believe that a
6 person is engaged in, or has engaged in, any act involving
7 the sale of an item using the Internet that would constitute
8 a violation of Section 4, the State's Attorney may bring a
9 civil action for injunctive relief against the person, as the
10 State's Attorney determines to be necessary to restrain the
11 person from engaging, or continuing to engage, in the
12 violation. The State's Attorney may bring an action under
13 this Section only in the county in which the recipient of the
14 item resides or is found. This Section applies only to sales
15 of items made on or after the effective date of this
16 amendatory Act of the 92nd General Assembly.
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.