G-601 - 11/11/1997 - VILLAGE CODE - Ordinances ORDINANCE 97-TO-RR-G-601
AN ORDINANCE AMENDING ARTICLE VI
ENTITLED "TOBACCO PRODUCTS"OF CHAPTER 8
OF THE CODE OF ORDINANCES OF
THE VILLAGE OF OAK BROOK
WHEREAS, between 1992 and 1993,the prevalence of high school seniors who smoke increased
from 17.2%to 19% and the number of college freshman smoking increased from 9%to 12%' ; and
WHEREAS, from 1991 to 1994, the number of eighth graders who smoke has gone up 18.6%1;
and
WHEREAS, In Illinois, the median age for persons starting to smoke is 12 years old compared to
the national average of 14.52 ; and
WHEREAS,studies show that if people do not begin smoking as children or teenagers, it is
unlikely that they will ever do so as adults' and
WHEREAS, according to the American Medical Association, more than 3,000 U.S,.young people
start smoking each day. Approximately 1,000 of them will eventually die as a result of their smoking3;
and
WHEREAS, between 80-85% of all adult smokers report being addicted to tobacco before they
turned 18 years of age' and
WHEREAS,teens who smoke are three times more likely than nonsmokers to use alcohol, eight
times more likely to use marijuana and 22 times more likely to use cocaine; and
WHEREAS,the National Institute on Drug Abuse found that cigarette smoking precedes and may
be predictive of adolescent illicit drug use; and
WHEREAS, an estimated 400,000 Americans die from smoking-related illnesses each year, and
all of those deaths are directly attributed to the use of tobacco products'; and
WHEREAS,the United States Environmental Protection Agency has determined that second-hand
or passive smoke is a class"A"carcinogen—proven to cause cancer in humans; and
WHEREAS, 30,000 to 40,000 heart disease deaths are caused by second-hand, or passive
smoke, and 50,000 Americans die each year from other diseases caused by second-hand, or passive
smoke and
1 U.S. Centers for Disease Control and Prevention.
2 Illinois Department of Public Health.
3 American Medical Association.
4 U.S. Environmental Protection Agency
Ordinance 97-TO-RR-G-601
Amending Article VI, Chapter 8
Tobacco Products, Page 2
WHEREAS, smoking costs the people of Illinois over$1.6 billion each year in preventable medical
expenses; and
WHEREAS, 3,000 teens start smoking each day, and over one million teens start smoking each
year, and
WHEREAS, the present legislative scheme of limiting access to tobacco products to persons,
under the age of 18 has proven less effective than hoped in preventing such persons from acquiring and
using tobacco products, additional steps are necessary to protect the young of the Village of Oak Brook;
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: That the provisions of the preamble hereinabove set forth are hereby adopted as
findings as though fully set forth herein.
Section 2: That Article VI, entitled'Tobacco Products", of Chapter 8 of the Code of Ordinances
of the Village of Oak Brook is amended to read as follows:
"ARTICLE VI. TOBACCO PRODUCTS
Sec. 8-190. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively
ascribed to them:
Smoking. The holding or carrying of a lighted pipe, lighted cigar, or lighted cigarette of any kind,
including the lighting of a pipe, cigar or cigarette of any kind.
Tobacco Products. Any substance containing tobacco leaf including, but not limited to, cigarettes,
cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
Vending Machine. Any mechanical, electric or electronic self-service device which, upon insertion of
money,tokens or any other form of payment,dispenses tobacco products.
Sec. 8-191. License required; application fee; inspections.
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 pursuant to this article.
Such license shall be in addition to any other license or permit required by this code.
Application for a license hereunder shall be made, in writing, to the Village Clerk on forms provided by
the Village, signed by the applicant, verified by oath or affidavit, and shall contain the following
statements and information: the name and address of the applicant's business, name of owner, manager
or lessee; and address of each premise where tobacco products will be dispensed. The license fee for a
tobacco dealer's license shall be fifty dollars($50).
Ordinance 97-TO-RR-G-601
Amending Article VI, Chapter 8
Tobacco Products, Page 3
The term of said license shall be from October 1 to September 30 of each year. Only one (1)'tobacco
dealer's license shall be required notwithstanding the number of locations from which the licensee sells
tobacco products.
The Building Commissioner shall cause each retail vendor of tobacco products to be inspected for
compliance no less than two times annually. Inspections are to be unannounced in order to determine if
each retail vendor of tobacco products is in compliance with this ordinance.
Section 8-192. 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 eighteen (18)years of age to sell tobacco
products in any licensed premises.
Section 8-193. Purchase by minors prohibited.
It shall be unlawful for any person under the age of eighteen (18) years to purchase tobacco products.
Section 8-194. False or Altered Identification.
It shall be unlawful for any person under the age of eighteen (18) years to misrepresent that person's
identity or age, or to use any false or altered identification for the purpose of purchasing tobacco
products.
Section 8-195. Unlawful possession or use of tobacco products by minors.
(a) It shall be unlawful for any person under the age of eighteen (18)to knowingly possess, consume,
or use, either by smoking, ingesting, absorbing, or chewing any tobacco product, provided that the
possession by a person under the age of eighteen (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.
(b) It shall be rebuttably presumed that the substance within a package or container is a tobacco
product if the package or container has affixed to it a label which identifies the package or
container as containing a tobacco product.
Section 8-196. Unlawful furnishing of tobacco products to minors.
(a) It shall be unlawful for any person to furnish to any person who is under eighteen years of age, by
gift, sale, or any other means, any tobacco products.
(b) It shall be an affirmative defense to a prosecution under this Section that the person furnishing the
tobacco product was presented with and reasonably relied upon a document which identified the
person receiving the tobacco product as being eighteen (18) years of age or older.
Ordinance 97-TO-RR-G-601
Amending Article VI, Chapter 8
Tobacco Products, Page 4
Section 8-197. Signs.
Signs informing the public of the age restrictions provided 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:
"SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO PERSONS UNDER
EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO PROCURE
SUCH A SALE IS PROHIBITED BY LAW."
No person may sell cigarettes at retail unless a sign with the message:
"SURGEON GENERAL'S WARNING: SMOKING BY PREGNANT WOMEN MAY RESULT
IN FETAL INJURY, PREMATURE BIRTH,AND LOW BIRTH WEIGHT"
is posted in a conspicuous place upon the premises.
All signs required shall be printed on white cants in red letters at least one-half inch in height.
Section 8-198. Proximity to certain institutions.
It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products within one
hundred (100)feet of any school, child care facility or other building used for education or recreational
programs for persons under the age of eighteen (18) years.
Section 8-199. 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, 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
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 8-200. Location of tobacco vending machines.
It shall be unlawful for any licensee to place a tobacco vending machine within twenty-five (25) feet from
the entrance of any licensed establishment.
Section 8-201. Locking devices on vending machines.
(a) It shall be unlawful of 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 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)
years.
Ordinance 97-TO-RR-G-601
Amending Article VI, Chapter 8
Tobacco Products, Page 5
(b) Any premises where access by persons under the age of eighteen (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 a business located at such premises, shall be exempt from the
requirements of this section.
Section 8-202. 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 8-203. 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 it is determined the licensee
has violated any of the provisions of this Article. 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 one
thousand dollars($1,000) 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 not less than a seven-day written notice to the licensee
affording the licensee an opportunity to appear and defend against the charges contained in such notice.
The seven-day notice provisions shall begin the day following delivery by certified mail or by personal
service.
The Village President shall within fourteen (14)days after such hearing, if it is determined 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 or that the license has been revoked and serve a copy of such order within the seven (7)
days upon the licensee.
Any licensee determined by the Village President to have violated any of the provisions of this article
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,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 thirty (30)days of notification of the costs by the
Village President. Failure to pay said costs within thirty (30) days of notification is a violation of this
article and may be cause for license suspension or revocation, or the levy of a fine.
Section 8-204. Period of revocation.
When any license shall have been revoked for any cause, no license shall be granted to said licensee for
Ordinance 97-TO-RR-G-601
Amending Article VI, Chapter 8
Tobacco Products, Page 6
the period of six(6) months thereafter for the conduct of the business of selling tobacco products.'
Section 3: That this ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
Section 4: That all ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict.
PASSED THIS 11th day of November, 1997.
Ayes: Trustees Bartecki, Caleel, Kenny, McInerney and Savino
Nays: None
Absent: Trustee Shumate
Abstain: None
APPROVED THIS 11th day of November, 1997.
,01044-� Village Presid nt
�!,, ATTEST:
,9 agerk�
Approved as to Form:
a.
Vi lage Attorney
Published 11-13-97 Pamphlet form
Date Paper
Not Published