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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