G-1151 - 07/09/2019 - VILLAGE CODE - Ordinances Supporting DocumentsBOT 07.09.19 AGENDA Page 1
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
July 9 , 2019
SUBJECT: Amend the Tobacco Code – Legal Age Limit
FROM: Charlotte K. Pruss, Village Clerk
Kathy Vonachen, H.R. Director/Deputy Clerk
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: I move that the Village Board approve Ordinance 2019-
TO-RR-G-1151, An Ordinance Amending Chapter 6 of Title 4 of the Village Code of the
Village of Oak Brook, Illinois Regarding Changes to the Age Limit for Tobacco,
Electronic Cigarettes and Alternative Nicotine Products
Background/History:
The Illinois General Assembly passed Public Act 101-2 by amending the Tobacco
Products Acts, 720 ILCS5/675/0.01, to prevent the sale and distribution of tobacco
products to persons under 21 years of age as well as their use. The new law went into
effect July 1, 2019. Due to these changes the Village needs to amend their current
Tobacco Ordinance to reflect these changes as stated in the Act.
Recommendation:
Staff recommends passing Ordinance G-1151 to amend the Village of Oak Brook
Tobacco Code to make it consistent with current state law.
ITEM 6.D.6
ORDINANCE 2019-TO-RR-G-1151
AN ORDINANCE AMENDING CHAPTER 6 OF TITLE 4 OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK, ILLINOIS REGARDING CHANGES TO
THE AGE LIMIT FOR TOBACCO, ELECTRONIC CIGARETTES
AND ALTERNATIVE NICOTINE PRODUCTS
WHEREAS, the Village of Oak Brook, Illinois ("Village") is a body politic and corporate,
organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and
WHEREAS, the State Legislature recently amended the Prevention of Tobacco Use by
Minors and Sale and Distribution of Tobacco Products Act (720 ILCS 675/0.01 et seq.) to raise
the legal age to 21 for the purchase or sale of tobacco products, electronic cigarettes, and
alternative nicotine products; and
WHEREAS, Chapter 6 of Title 4 of the Village Code currently regulates the purchase
and sale of tobacco products and alternative nicotine products allowing persons 18 and over to
purchase and sell such products: and
WHEREAS, the Village President and Board of Trustees have determined that it is in the
best interests of the Village to amend the Village Code to raise the legal age for the purchase
and sale of tobacco products, electronic cigarettes, and alternative nicotine products to 21 to
bring the Village Code into compliance with the Act and to add:
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Amendment to Title 4, Chapter 6 of the Village Code. Chapter 6, entitled
“Tobacco and Alternative Nicotine Products,” of Title 4, entitled “Business and License Regulations,” of
the Village Code shall be amended by renaming the Chapter 6 ““Tobacco, Electronic Cigarettes, and
Alternative Nicotine Products.”
Section 3: Amendment to Title 4, Chapter 6, Section 1 of the Village Code. Section 1,
entitled “Definitions,” of Chapter 6, entitled “Tobacco and Alternative Nicotine Products,” of Title 4, entitled
“Business and License Regulations,” of the Village Code shall be amended as follows (additions shown
in bold and double-underline; deletions shown struck-through):
"Electronic cigarette" includes, but is not limited to, any electronic nicotine
delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic
hookah, vape pen, or similar product or device, and any components or parts that
can be used to build the product or device.
Section 4: Amendment to Title 4, Chapter 6, Section 3 of the Village Code. Section 3,
entitled “License Regulations,” of Chapter 6, entitled “Tobacco and Alternative Nicotine Products,” of Title
4, entitled “Business and License Regulations,” of the Village Code shall be amended as follows
(additions shown in bold and double-underline; deletions shown struck-through):
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 eighteen (18)
Ordinance 2019-TO-RR-G-1151
Amending Portions of the Tobacco and
Alternative Nicotine Ordinance
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twenty-one (21) years of age to sell tobacco products, electronic cigarettes, or
alternative nicotine products in any licensed premises.
Section 5: Amendment to Title 4, Chapter 6, Section 4 of the Village Code. Section 4,
entitled “Prohibited Sales, Acts” of Chapter 6, entitled “Tobacco and Alternative Nicotine Products,” of
Title 4, entitled “Business and License Regulations,” of the Village Code shall be amended as follows
(additions shown in bold and double-underline; deletions shown struck-through):
A. Purchase By Minors Prohibited: It shall be unlawful for any person under the age of
eighteen (18) twenty-one (21) years to purchase tobacco products, electronic
cigarettes, or alternative nicotine products.
B. False Or Altered Identification: It shall be unlawful for any person under the age of
eighteen (18) twenty-one (21) years to misrepresent that person's identity or age, or to
use any false or altered identification for the purpose of purchasing tobacco products,
electronic cigarettes, or alternative nicotine products.
C. Unlawful Possession Or Use Of Tobacco Products, Electronic Cigarettes, Or
Alternative Nicotine Products By Minors:
1. It shall be unlawful for any person under the age of eighteen (18) twenty-one (21) to
knowingly possess, consume, or use, either by smoking, inhaling, dissolving, snorting,
sniffing, ingesting, absorbing, or chewing any tobacco product, electronic cigarettes, or
alternative nicotine product, provided that the possession by a person under the age of
eighteen (18) twenty-one (21) 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.
2. It shall be rebuttably presumed that the substance within a package or container is a
tobacco product, electronic cigarette, or an alternative nicotine product if the package or
container has affixed to it a label which identifies the package or container as containing
a tobacco product or nicotine.
D. Unlawful Furnishing Of Tobacco Products, Electronic Cigarettes, And Alternative
Nicotine Products To Minors:
1. It shall be unlawful for any person to furnish to any person who is under eighteen (18)
twenty-one (21) years of age, by gift, sale, or any other means, any tobacco products,
electronic cigarettes, or alternative nicotine products.
2. It shall be an affirmative defense to a prosecution under this section that the person
furnishing the tobacco product, electronic cigarettes, or alternative nicotine product was
presented with and reasonably relied upon a document which identified the person
receiving the tobacco product, electronic cigarettes, or alternative nicotine product as
being eighteen (18) twenty-one (21) years of age or older.
Section 6: Amendment to Title 4, Chapter 6, Section 5 of the Village Code. Section 5,
entitled “Conditions of License” of Chapter 6, entitled “Tobacco and Alternative Nicotine Products,” of Title
4, entitled “Business and License Regulations,” of the Village Code shall be amended as follows:
(additions shown in bold and double-underline; deletions shown struck-through):
A. Signage: Signs informing the public of the age restrictions provided herein shall be
posted by every licensee at or near every display of tobacco products, electronic
cigarettes, and alternative nicotine products, and on or upon every vending machine
Ordinance 2019-TO-RR-G-1151
Amending Portions of the Tobacco and
Alternative Nicotine Ordinance
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which offers tobacco products, electronic cigarettes, or alternative nicotine products for
sale. Each such sign shall be plainly visible and shall state:
SALE OF TOBACCO ACCESSORIES, SMOKING HERBS, ELECTRONIC
CIGARETTES, AND ALTERNATIVE NICOTINE PRODUCTS TO PERSONS UNDER
EIGHTEEN TWENTY-ONE YEARS OF AGE OR THE MISREPRESENTATION OF AGE
TO PROCURE SUCH A SALE IS PROHIBITED BY LAW.
Signs informing the public of the U.S. surgeon general's health warning shall be posted
by every licensee selling cigarettes at or near every display of cigarettes and on or upon
every vending machine which offers cigarettes for sale. Each such sign shall be plainly
visible and shall state:
SURGEON GENERAL'S WARNING: SMOKING BY PREGNANT WOMEN MAY
RESULT IN FETAL INJURY, PREMATURE BIRTH, AND LOW BIRTH WEIGHT
The above signs shall be posted in a conspicuous place and shall be printed on white
cards in red letters at least one-half inch (1/2") in height.
B. Location Restrictions: It shall be unlawful for any person to sell, offer for sale, give
away or deliver tobacco products, electronic cigarettes, or alternative nicotine products
within one hundred feet (100') of any school, childcare facility or other building used for
education or recreational programs for persons under the age of eighteen (18) twenty-
one (21) years.
C. Certain Free Distributions Prohibited: It shall be unlawful for any licensee or any
person in the business of selling or otherwise distributing, promoting or advertising
tobacco products, electronic cigarettes, or alternative nicotine 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 deliver tobacco products, electronic
cigarettes, or alternative nicotine 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 7: Amendment to Title 4, Chapter 6, Section 6 of the Village Code. Section 6,
entitled “Vending Machines” of Chapter 6, entitled “Tobacco and Alternative Nicotine Products,” of Title 4,
entitled “Business and License Regulations,” of the Village Code shall be amended as follows: (additions
shown in bold and double-underline; deletions shown struck-through):
A. Location: It shall be unlawful for any licensee to place a vending machine selling or
distributing tobacco products, electronic cigarettes, or alternative nicotine products
within twenty-five feet (25') from the entrance of any licensed establishment.
B. Locking Devices:
1. 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, electronic
cigarettes, or alternative nicotine 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
eighteen (18) twenty-one (21).
Ordinance 2019-TO-RR-G-1151
Amending Portions of the Tobacco and
Alternative Nicotine Ordinance
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2. Any premises where access by persons under the age of eighteen (18) twenty-one
(21) 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 a business located
at such premises, shall be exempt from the requirements of this section.
Section 8: Severability. If any provision of this Ordinance or part thereof is held invalid by a
court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and
effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose
and intent of this Ordinance to the greatest extent permitted by applicable law.
Section 9: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
APPROVED THIS 9th day of July, 2019
____________________________
Gopal G. Lalmalani
Village President
PASSED THIS 9th day of July, 2019
Ayes: ___________________________________________________________
Nays: ___________________________________________________________
Absent: __________________________________________________________
ATTEST:
_____________________________________
Charlotte K. Pruss
Village Clerk