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HomeMy WebLinkAboutOrdinances - MC-98-705 - 04/29/1998 - Tobacco OrdORDINANCE NO. MC-98-705 An Ordinance Amending the Municipal Code, City of McHenry, Illinois, To Add Section 14-37, Tobacco Regulations WHEREAS, the Surgeon General of the United States has declared that the use of tobacco products is dangerous to one's health; and WHEREAS, although state law prohibits the sale of tobacco products to persons eighteen (18) years of age and younger, the City of McHenry has found that sales are often made to such persons; and WHEREAS, the City of McHenry finds that local regulations are necessary to minimize the opportunity for young persons to possess, use and purchase tobacco products. NOW THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: That Chapter 14, Offenses — Miscellaneous, of the Municipal Code, City of McHenry, Illinois, shall be amended to add Section 14-37, Tobacco Regulations, which shall read as follows: Sec. 14-37 Tobacco Regulations (a) For the purposes of this Section 14-37, "tobacco products" shall mean any substance containing tobacco leaf, including, but not limited to, cigarettes, cigarette tobacco, snuff, chewing tobacco, or dipping tobacco. (b) Tobacco Use and Possession by Persons under eighteen (18) years. 1. No person under the age of eighteen (18) years shall purchase, accept, possess, or consume tobacco products. 2. No person shall buy for, distribute samples of, or furnish tobacco products to any person under the age of eighteen (18) years. 3. Nothing herein shall prohibit the possession or use of tobacco products by a minor in his home, under the direct supervision of his or her parent or guardian. (c) Sales and Distribution of Tobacco Products 1. Furnishing Tobacco: No person, firm, or corporation shall sell or offer for sale at retail, distribute samples of, or furnish tobacco products to any person under the age of eighteen (18), or to engage, employ or permit any person under eighteen (18) years of age to sell tobacco products. 2. Annual License Required: It shall be unlawful to sell or offer for sale at retail, to give away, deliver, 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 licenses shall be made in writing to the City of McHenry. 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. Any person, firm, or corporation seeking a tobacco dealer's license shall a'lend a Vendor Education Program administered by the City. The p:irpose of the Vendor Education Program shall be to inform tobacco vendors or their authorized representatives of all federal, state and local regulations governing the sale of tobacco and, to review fines and penalties associated with violating the provisions of this Section. 3. License Fee: The annual fee for a license as herein required shall be fixed at TWENTY-FIVE AND NO/100 DOLLARS ($25.00) annually. The license fee shall be payable to the City Clerk of the City of McHenry on or before May 1 each year. 4. Personal Nature of Licenses: Expiration: A license shall be a purely personal privilege, good for the license period which shall expire on April 30 next following the date of issuance, unless revoked. No such license shall be transferable. Any licensee may renew his license at the expiration thereof. 5. Responsibility for Agents and Employees. Any act or 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. Page 2 6. 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 twenty (20) cigarettes. Except as specified below for vending machines, tobacco products shall be sold only in a direct, face-to-face exchange. Self-service displays shall not be permitted except in areas where access by persons under the age of eighteen (18) is prohibited. 7. 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 so as to prevent its operation by persons under the age of eighteen (18) years. 8. Signs: Signs informing the public of the age restrictions provided for herein shall be posted by every licensee at or near every display of tobacco products and on or upon every vending machine which offers tobacco products for sale. Each such sign shall be plainly visible and shall state: "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN (18) YEARS OF AGE IS PROHIBITED BY LAW." Such notice shall be displayed in red letters at least one (1) inch in height on a white background.. (d) Enforcement by 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. (e) Penalties; Fines; Settlement of Offenses. 1. Any person violating any provision of Section 14-37(b) shall be fined not less than twenty-five dollars ($25.00), nor more than seven hundred, fifty dollars ($750.00), except as otherwise provided herein. Any violation of Section 14-37 (b) may be settled and compromised by a first or second time offender within seven (7) days after a notice of violation therefor is delivered to the offender, by payment to the City of McHenry, Illinois the sum of fifty dollars ($50.00). Page 3 2. Any person, firm, or corporation violating any provision of Section 14-37(c) shall be fined and penalized as specified herein: First Offense: Second Offense: Third Offense: Fourth and All Subsequent Offenses: $100.00 $300.00 plus suspension of Tobacco Dealers" license for thirty (30) days. Six (6) month suspension of Tobacco Dealers' license. and shall be responsible for the City's cost of prosecution including attorney fees incurred by the City. 3. The City of McHenry shall report any person, firm, or corporation violating any provision of Section 14-37(c) to the State of Illinois Department of Public Health. 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 judgement 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. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd. Votirg Nay: None. Absent: Baird. Abstain: None. PASSED and APPROVED this 29theWr 1998/teven J. Cuda (SEAL) ATTEST(::: -City Clerk Pam a J. Alt o Pa a (5/27/98)