G-455 - 10/24/1990 - VILLAGE CODE - Ordinances ORDINANCE G- 455
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE VILLAGE OF OAK BROOK
ADDING A NEW ARTICLE VI
REGULATION OF TOBACCO PRODUCTS
BE IT ORDAINED by the corporate authorities of the Village of Oak Brook,
DuPage and Cook Counties, Illinois, as follows:
Section 1: Legislative finding and declaration.
The Village President and Board of Trustees expressly find and declare
that:
1. Cigarette smoking is dangerous to human health;
2. There exists substantial scientific evidence that the use of tobacco
products causes cancer, heart disease and various other medical
disorders;
3. The Surgeon General of the United States has declared that nicotine
addiction from tobacco is similar to addiction to cocaine, and is the
most widespread example of drug dependence in this country (other
than caffeine) ;
4. The Direction of the National Institute on Drug Abuse concluded that
the majority of the 320,000 Americans who die each year from
cigarette smoking became addicted to nicotine as adolescents;
5. The present legislative scheme of prohibiting sales of tobacco
products to persons under the age of 18 has proven ineffective in
preventing such persons from using tobacco products.
6. That the enactment of this Ordinance directly pertains to and is in
furtherance of the health, welfare and safety of the residents of the
Village, particularly those residents under 18 years of age.
Section 2: That the Code of Ordinances of the Village of Oak Brook,
DuPage and Cook Counties, Illinois, is hereby amended by adding thereto a new
Article VI to Chapter 8 entitled "Regulation of Tobacco Products" as follows:
Regulation of Tobacco Products
Section 8-190. Definitions
For the purposes of this Chapter, the following words and phrases shall
have the meanings respectively ascribed to them:
Ordinance G-4 5 5
Adding New Article VI
Regulation of Tobacco Products
Page 2
"tobacco products" means any substance containing tobacco leaf,
including, but not limited to, cigarettes, cigars, pipe tobacco, snuff,
chewing tobacco or dipping tobacco.
"vending machine" means any mechanical, electric or electronic,
self-service device which, upon insertion of money, tokens or any other
form of payment, dispenses tobacco products.
Section 8-191. License required, application, fee
It shall be unlawful to sell or offer for sale at retail, to give away,
deliver or to keep with the intention of selling at retail, giving away or
delivering tobacco products within the Village without having first obtained a
tobacco dealer's license therefor pursuant to this Chapter.
Such license shall be in addition to any other license required by this
code. Application for a license hereunder shall be made in writing to the
Village Clerk. The license fee for a tobacco dealer's license shall be $50.
Section 8-192. Prohibited sales, delivery - signs
A. It shall be unlawful for any person, including any licensee, to sell,
offer for sale, give away or deliver tobacco products to any person under
the age of 18 years.
B. 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 18 YEARS OF
AGE IS PROHIBITED BY LAW."
The text of such signs shall be in red letters on a white background,
said letters to be at least 1" high.
Section 8-193. Minimum age to sell tobacco products.
It shall be unlawful for any licensee or any officer, associate,
representative, agent or employee of such licensee, to engage, employ or
permit any person under 18 years of age to sell tobacco products in any
licensed premises.
Ordinance G- 4 5 5
�- Adding New Article VI
Regulation of Tobacco Products
Page 3
Section 8-194. Purchase by minors prohibited
It shall be unlawful for any person under the age of 18 years to purchase
tobacco products, to to misrepresent their identity or age, or to use any
false or altered identification for the purpose of purchasing tobacco
products.
Section 8-195. Possession by minors prohibited
It shall be unlawful for any person under the age of 18 years to possess
any tobacco products; provided that the possession by a person under the age
of 18 years under the direct supervision of the parent or guardian of such
person in the privacy of the parent's or guardian's home shall not be
prohibited.
Section 8-196. Proximity to certain institutions
It shall be unlawful for any person to sell, offer for sale, give away or
deliver tobacco products within 100 feet of any school, or other building used
for education or recreational programs for persons under the age of 18 years.
\,. Section 8-197. Certain free distributions prohibited.
It shall be unlawful for any licensee or any person in the business of
selling or otherwise distributing, promotion or advertising tobacco products,
or any employee or agent of any such licensee or person, in the course of such
licensee's or person's business, to distribute, give away or delivery tobacco
products free of charge to any person on any right-of-way, park, playground or
other property owned by the Village, or any other public body, school district
or unit of local government.
Section 8-198. Vending machines - locking devices.
A. It shall be unlawful for any licensee to see or offer for sale, give
away, deliver or to keep with the intention of selling, giving away or
delivering tobacco products by use of a 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 18 years.
B. Any premises where access by persons under the age of 18 years is
prohibited by law, or premises where the public is generally not
permitted and where vending machines are strictly for the use of
employees of business located at such premises, shall be exempt from the
requirements of this Section.
Ordinance G-4 5 5
Adding New Article VI
Regulation of Tobacco Products
Page 4
Section 8-199. Responsibility for agents and employees.
Every act or omission of whatsoever nature, constituting a violation of
any of the provisions of this Article 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 had been done or omitted by the licensee personally.
Section 8-200. Suspension; revocation of license; fines, costs
The Village President shall be charged with the administration of this
Article. The Village President may suspend or revoke any license issued under
the provisions of this Article, if he determines that the licensee has
violated any of the provisions of this Chapter. In lieu of suspension or
revocation of a license, the Village President may instead levy a fine on the
licensee. The fine imposed shall not exceed $500 for each violation. Each
day on which a violation continues shall constitute a separate violation.
However, no such license shall be suspended or revoked and no licensee
shall be fined except after a public hearing by the Village President with a
7-day written notice to the licensee affording the licensee,an opportunity to
appear and defend against the charges contained in such notice. The 7-day
notice provisions shall begin the day following delivery by certified mail or
by personal service.
The Village President shall within 7 days after such hearing, if he
determines after such hearing that the license should be revoked or suspended,
or that the licensee should be fined, state the reason for such determination
in a written order and either the amount of the fine, the period of suspension
of that the license has been revoked and serve a copy of such order within the
7 days upon the licensee.
Any licensee determined by the Village President to have violated any of
the provisions of this Chapter shall pay to the Village the costs of the
hearing before the Village President on such violation. The Village President
shall determine the costs incurred by the Village for said hearing, including,
but not limited to: court reporter's fees, the costs of transcripts or
records, attorneys' fees, the cost of preparing and mailing notices and orders
and all other miscellaneous expenses incurred by the Village or such lesser
sum as the Village President may allow.
The licensee shall pay said costs to the Village within 30 days of
notification of the costs by the Village President. Failure to pay said costs
within 30 days of notification is a violation of this Chapter and may be cause
for license suspension or revocation, or the levy of a fine.
Ordinance G- 4 5 5
Adding New Article VI
Regulation of Tobacco Products
Page 5
Section 8-201. Used of premises after revocation
When any license shall have been revoked for any cause, no license shall
be granted to said licensee for the period of 6 months thereafter for the
conduct of the business of selling tobacco products.
Section 3. That all ordinances, or parts thereof, in conflict with the
provisions of this Ordinance are, to the extent of such conflict, expressly
repealed.
Section 4: That this Ordinance shall be in full force and effect from
and after passage and approval and publication as provided by law.
PASSED THIS 23rd day of October , 1990.
Trustees Bartecki, Bushy, Maher, Payovich, Rush,
Ayes: Winters and President Cerne
Nays: None
Absent: None
Abstain: None
APPROVED THIS 23rd day of October 1990.
l
Village President
ATTEST:
ill�ge Clerk
Approved as to Form:
Villag� A torney
Published 10-24-90 Pamphlet form
Date gaper
Not Published