2005 Illinois Code - Chapter 720 Criminal Offenses 720 ILCS 675/ Sale of Tobacco to Minors Act.
(720 ILCS 675/0.01)(from Ch. 23, par. 2356.9) Sec. 0.01. Short title. This Act may be cited as the
Sale of Tobacco to Minors Act. (Source: P.A. 86‑1324.)
(720 ILCS 675/1)(from Ch. 23, par. 2357) Sec. 1. Prohibition on sale of tobacco to minors; vending machines; lunch
wagons. (a) No minor under 18 years of age shall buy any cigar,
cigarette,
smokeless tobacco or tobacco in any of its forms. No person shall sell, buy
for, distribute samples of or furnish any cigar, cigarette, smokeless tobacco
or tobacco in any of its forms, to any minor under 18 years of age. (a‑5) No minor under 16 years of
age may sell any cigar, cigarette, smokeless tobacco, or tobacco in any of its
forms at a retail
establishment selling tobacco products. This subsection does not apply
to a sales clerk in a family‑owned business which can prove that the sales
clerk
is in fact a son or daughter of the owner.
For the purpose of this Section, "smokeless tobacco" means any tobacco
products that are suitable for dipping or chewing. (b) Tobacco products listed above may be sold through a vending machine
only in
the following locations: (1) Factories, businesses, offices, private clubs,
and other places not open to the general public.
(2) Places to which minors under 18 years of age are
not permitted access.
(3) Places where alcoholic beverages are sold and
consumed on the premises.
(4) Places where the vending machine is under the
direct supervision of the owner of the establishment or an employee over 18 years of age. The sale of tobacco products from a vending machine under direct supervision of the owner or an employee of the establishment is considered a sale of tobacco products by that person. As used in this subdivision, "direct supervision" means that the owner or employee has an unimpeded line of sight to the vending machine.
(5) Places where the vending machine can only be
operated by the owner or an employee over age 18 either directly or through a remote control device if the device is inaccessible to all customers.
(c) The sale or distribution at no charge of cigarettes from a lunch wagon
engaging in any sales activity within 1,000 feet of any public or private
elementary or secondary school grounds is prohibited. For the purpose of this Section, "lunch wagon" means a mobile vehicle
designed and constructed to transport food and from which food is sold to the
general public. (Source: P.A. 93‑284, eff. 1‑1‑04; 93‑886, eff. 1‑1‑05.)
(720 ILCS 675/2)(from Ch. 23, par. 2358) Sec. 2. Any person who violates any provision of this Act is guilty of a
petty offense and for the first offense shall be fined $200, $400 for the
second offense in a 12‑month period, and $600 for the third or any subsequent
offense in a 12‑month period. One‑half of each fine collected under this
Section shall be distributed to the unit of local government or other entity
that successfully prosecuted the offender and one‑half shall be remitted to the
State to be used for enforcing this Act. (Source: P.A. 88‑418.)
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