Public Act 095-0905
 
SB2546 Enrolled LRB095 17545 RLC 43619 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Sale of Tobacco to Minors Act is amended by
changing Section 1 as follows:
 
    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
    Sec. 1. Prohibition on sale of tobacco to minors; use of
identification cards; vending machines; lunch wagons;
out-of-package sales.
    (a) No minor under 18 years of age shall buy any cigar,
cigarette, smokeless tobacco or tobacco in any of its forms. No
person shall sell, buy for, distribute samples of or furnish
any cigar, cigarette, smokeless tobacco or tobacco in any of
its forms, to any minor under 18 years of age.
    (a-5) No minor under 16 years of age may sell any cigar,
cigarette, smokeless tobacco, or tobacco in any of its forms at
a retail establishment selling tobacco products. This
subsection does not apply to a sales clerk in a family-owned
business which can prove that the sales clerk is in fact a son
or daughter of the owner.
    (a-6) No minor under 18 years of age in the furtherance or
facilitation of obtaining any cigar, cigarette, smokeless
tobacco, or tobacco in any of its forms shall display or use a
false or forged identification card or transfer, alter, or
deface an identification card.
    For the purpose of this Section, "smokeless tobacco" means
any tobacco products that are suitable for dipping or chewing.
    (b) Tobacco products listed above may be sold through a
vending machine only if such tobacco products are not placed
together with any non-tobacco product, other than matches, in
the vending machine and the vending machine is in any of the
following locations:
        (1) (Blank) Factories, businesses, offices, private
    clubs, and other places not open to the general public.
        (2) Places to which minors under 18 years of age are
    not permitted access.
        (3) Places where alcoholic beverages are sold and
    consumed on the premises and vending machine operation is
    under the direct supervision of the owner or manager.
        (4) (Blank) Places where the vending machine is under
    the direct supervision of the owner of the establishment or
    an employee over 18 years of age. The sale of tobacco
    products from a vending machine under direct supervision of
    the owner or an employee of the establishment is considered
    a sale of tobacco products by that person. As used in this
    subdivision, "direct supervision" means that the owner or
    employee has an unimpeded line of sight to the vending
    machine.
         (5) Places where the vending machine can only be
    operated by the owner or an employee over age 18 either
    directly or through a remote control device if the device
    is inaccessible to all customers.
    (c) The sale or distribution at no charge of cigarettes
from a lunch wagon engaging in any sales activity within 1,000
feet of any public or private elementary or secondary school
grounds is prohibited.
    For the purpose of this Section, "lunch wagon" means a
mobile vehicle designed and constructed to transport food and
from which food is sold to the general public.
    (d) The sale or distribution by any person of a tobacco
product listed above, including but not limited to a single or
loose cigarette, that is not contained within a sealed
container, pack, or package as provided by the manufacturer,
which container, pack, or package bears the health warning
required by federal law, is prohibited.
(Source: P.A. 93-284, eff. 1-1-04; 93-886, eff. 1-1-05.)

Effective Date: 1/1/2009