HomeMy WebLinkAboutOrdinances - MC-10-1015 - 07/12/2010 - TOBACCO REGSORDINANCE NO. MC-10-1015
.An Ordinance Amending Section 14-37— 14-44. Tobacco
Regulations, of the Municipal Code, City of McHenry, Illinois
BE IT ORDAINED by the CITY COUNCIL ofthe CITY OF McHENRY, McHenry County, Illinois,
as follows:
SECTION 1: Section 14-37 — 14-44, Tobacco Regulations, of the Municipal Code, City of McHenry,
Illinois, shall be amended to read as follows:
Sec.14-37 Bidi Cigarettes, Smoking Herbs, Tobacco Accessories and Tobacco Products;
Definitions.
Terms used in Sections 14-38 through 14-44 are defined as follows:
Bidi cigarette: a product that contains tobacco that is wrapped in tembumi or tendu leaf or that is
wrapped in any other material identified by rules of the Illinois Department of Public Health that is
similar in appearance or characteristics to the temburni or tendu leaf.
Smoking Herbs: all substances of plant origin and their derivatives, including but not limited to broom,
calea, California poppy, damiana, hops, ginseng, lobelia, jimson weed and other members of the
Datura genus, passion flower and wild lettuce, which are processed or sold primarily for use as
smoking materials.
Smokeless tobacco: any finely cut, ground, powdered or leaf tobacco that is intended to be placed in
the oral cavity; any tobacco product that is suitable for dipping or chewing.
Tobacco accessories: cigarette papers, pipes, holders of smoking materials of all types, cigarette
rolling machines and other items, designed primarily for the smoking or ingestion of tobacco products
or of substances made illegal under any statute or of substances whose sale, gift, barter or exchange is
unlawful.
Tobacco products: cigars, cigarettes, smokeless tobacco or tobacco.
Sec. 14-38 Purchase and Use of Tobacco Products Prohibited.
(1) No person under 18 years of age shall purchase any tobacco product in any of its forms. No person shall
sell, purchase for, distribute samples of or furnish any tobacco product in any of its forms to any person
under 18 years of age. Tobacco products may be sold through a vending machine only when such tobacco
products are not sold along with non -tobacco products in the vending machine and only in the following
locations:
a) Factories, businesses, offices, private clubs and other places not open to the general public.
b) Places to which persons under 18 years of age are not permitted access.
c) Places where alcoholic beverages are sold and consumed on the premises.
d) Places where the vending machine is under the direct supervision (which means that the owner or
employee has an unimpeded line of sight to the vending machine) 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.
e) 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.
(2)Penalty: Any person violating any provision of this Section 14-38 is guilty of a petty offense and for the first
offense shall be fined $200, $400 for the second offense in a 12-month period, and $600 for the third or any
subsequent offense in a 12-month period and be responsible for the City's cost of prosecution, including
reasonable attorney fees.
Sec. 14-39. Possession of Tobacco Products.
(1)No person under 18 years of age shall possess any tobacco product in any of its forms.
(2) Penalty: If a minor violates this Section (C) the minor shall be guilty of a petty offense and may be fined
$25 or sentenced to 15 hours of community service for the first offense. If second violation occurs within
a 12-month period of the first offense, the fine shall be $50 and 25 hours of community service. For a third
or subsequent violation that occurs within a 12-month period of the first offense, the fine shall be $100 and
30 hours of community service. If there is a second or subsequent violation not within a 12-month time
period after the first violation, a fine of $25 or 15 hours of community service shall be assessed. For any
violation the violator shall be responsible for the City's cost of prosecution, including reasonable attorney
fees.
Sec. 14-40 Tobacco Accessories and Smoking Herbs.
(1) Sale to Minors Prohibited: No person shall knowingly sell, barter, exchange, deliver or give away or
cause or permit or procure to be sold, bartered, exchanged, delivered or given away tobacco accessories or
smoking herbs to any person under 18 years of age.
(2)Sale of Bidi Cigarettes: No person shall knowingly sell, barter, exchange, deliver or give away a bidi
cigarette to another person, nor shall a person cause or permit or procure it bidi cigarette to be sold,
bartered, exchanged, delivered or given away to another person.
(3)Sale of Cigarette Paper: No person shall knowingly offer, sell, barter, exchange, deliver or give away
cigarette paper or cause, permit or procure cigarette paper to be sold, offered, bartered, exchanged,
delivered or given away except from premises or an establishment where other tobacco products are sold.
(4)Sale of Cigarette Paper from Vending Machines: No person shall knowingly offer, sell, barter, exchange,
deliver or give away cigarette paper or cause, permit or procure cigarette paper to be sold, offered, bartered
exchanged, delivered or given away by use of a vending or coin -operated machine or device. For purposes
of this Section (E)(4), cigarette paper shall not include any paper that is incorporated into a product to
which a tax stamp must be affixed under the Cigarette Tax Act (35 ILCS 130! 1 et seq.) or the Cigarette
Use Tax Act (35 ILCS 135/1 et seq.).
(5)Use of Identification Cards: No person in the furtherance or facilitation of obtaining smoking accessories
and smoking herbs shall display or use a false or forged identification card or transfer, alter or deface an
identification card.
(6)Warning to Minors: Any person, firm, partnership, company or corporation operating a place of business
where tobacco accessories and smoking herbs are sold or offered for sale shall post in a conspicuous place
upon the premises a sign which there shall be imprinted the following statement:
SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO PERSONS UNDER 18 YEARS OF AGE OR
THE MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW.
The sign shall be printed on a white card in red letters at least one-half inch in height.
See.14-41 Penalty
(1)Except for Section (13)(2), any person who knowingly violates or shall knowingly cause the violation of any
provision of this Section (D) shall be guilty of a Class C misdemeanor and shall be fined pursuant to 730
ILCS 5/5-4.5-65(e). The violator shall be responsible for the City's cost of prosecution, including
reasonable attorney fees.
(2)Any person who knowingly violates or shall knowingly cause the violation of Section (13)(2) shall be guilty
of a petty offense for which the offender shall be fined as follows: for the first offense, not less than $100
or more than $50�0, for a second offense within a 2-year period of the first offense, not less than $250 or
more than $600, and for a third or subsequent offense within a 2-year period of the first offense, not less
than $500 or more than $1,000. In addition, the violator shall be responsible for the City's cost of
prosecution, including reasonable attorney fees.
(3)These fines are in addition to the administrative provisions for suspension, revocation or forfeiture of a
license issued pursuant to Chapter 2.25 of the Municipal Code of the City of McHenry. Payment of such
fine shall not constitute an admission of guilt or innocence for the purposes of such administrative
proceedings for suspension, revocation or forfeiture.
Sec. 14-42 Tobacco Dealer's License.
11)License required. It shall be unlawful to sell or offer for sale at retail, to give away or keep with the
intention of selling at retail, giving away or delivering tobacco products within the City without having
first obtained a tobacco dealer's license. Such license shall be in addition to any other license required by
the Municipal Code of the City of McHenry.
Applications for a license shall be made in writing to the City. Such application shall contain the name of
the applicant, the address at which such sales are to be made, and in the case of cigarette vending
machines, the number of machines for which licenses are to be issued and are located within the building
or structure.
(2)License Period; IFee. The license period shall be from May 1 to the following April 30. The annual license
fee shall be $25, payable to the City on or before May 1 of each year.
(3)Personal Nature of License. A license is a purely personal privilege, good for the license period,
unless revoked. No such license shall be transferrable.
(4)Responsibility for Agents and Employees. Any act of omission constituting a violation of any provision
of this Section by any officer, director, manager or other agent or employee of any licensee shall be
deemed and held to be the act of such licensee and such licensee shall be punishable in the same manner as
if such act or omission has been done or omitted by the licensee personally.
(5)Availability. No person, firm or corporation shall sell or distribute individual cigarettes or samples of
cigarettes except in its original packaging, and no package shall contain less than 20 cigarettes. Except as
provided in Section 14-42(6), tobacco products shall be sold only in direct, face-to-face exchange. Self-
service displays shall not be permitted except in areas where access by persons under the age of 18 is
prohibited.
(6)Vending Machines; Locking Devices. It shall be unlawful for any licensee to sell or offer for sale, give
away, deliver or to keep with the intention of selling, giving away, or delivering tobacco products by use of
vending machine unless such vending machine is equipped with a manual, electric or electronic locking
device controlled by the licensee that prevents its operation by persons under the age of 18 years.
Sec. 14-43. Enforcement of School District Personnel.
The following appointed officials of any public school shall have the authority to sign all complaints and
charge all violators of this Section that take place on school property: principal, assistant principal and dean of
students.
See.14-44 Reserved.
SECTION 2.. If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance
shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair,
invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Passed and approved this 121h day of July, 2010
Voting Aye: Sant.i, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None
Absent: None
.Abstain: None
Not Voting: Nome
Jn F
ayor Susan E. Low
ATTEST:
G ty Oerk Janic ones