2010 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 Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. (Source: P.A. 96‑179, eff. 8‑10‑09; 96‑446, eff. 1‑1‑10; 96‑1000, eff. 7‑2‑10.)
(720 ILCS 675/1)(from Ch. 23, par. 2357) Sec. 1. Prohibition on sale to and possession of tobacco by minors; prohibition on the distribution of tobacco samples to any person; use of identification cards; vending machines; lunch wagons; out‑of‑package sales. (a) No minor under 18 years of age shall buy any tobacco product. No person shall sell, buy for, distribute samples of or furnish any tobacco product to any minor under 18 years of age. (a‑5) No minor under 16 years of age may sell any tobacco product 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. (a‑6) No minor under 18 years of age in the furtherance or facilitation of obtaining any tobacco product shall display or use a false or forged identification card or transfer, alter, or deface an identification card. (a‑7) No minor under 18 years of age shall possess any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms. (a‑8) A person shall not distribute without charge samples of any tobacco product to any other person, regardless of age: (1) within a retail establishment selling tobacco
products, unless the retailer has verified the purchaser's age with a government issued identification;
(2) from a lunch wagon; or (3) on a public way as a promotion or advertisement
of a tobacco manufacturer or tobacco product.
This subsection (a‑8) does not apply to the distribution
of a tobacco product sample in any adult‑only facility.
(a‑9) For the purpose of this Section: "Adult‑only facility means a facility or restricted
area (whether open‑air or enclosed) where the operator ensures or has a reasonable basis to believe (such as by checking identification as required under State law, or by checking the identification of any person appearing to be under the age of 27) that no person under legal age is present. A facility or restricted area need not be permanently restricted to persons under legal age to constitute an adult‑only facility, provided that the operator ensures or has a reasonable basis to believe that no person under legal age is present during the event or time period in question.
"Lunch wagon" means a mobile vehicle designed and
constructed to transport food and from which food is sold to the general public.
"Smokeless tobacco" means any tobacco products that
are suitable for dipping or chewing.
"Tobacco product" means any cigar, cigarette,
smokeless tobacco, or tobacco in any of its forms.
(b) Tobacco products listed in this Section may be sold through a vending machine only if such tobacco products are not placed together with any non‑tobacco product, other than matches, in the vending machine and the vending machine is in any of the following locations: (1) (Blank). (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 and vending machine operation is under the direct supervision of the owner or manager.
(4) (Blank). (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) (Blank). (d) The sale or distribution by any person of a tobacco product in this Section, including but not limited to a single or loose cigarette, that is not contained within a sealed container, pack, or package as provided by the manufacturer, which container, pack, or package bears the health warning required by federal law, is prohibited. (e) It is not a violation of this Act for a person under 18 years of age to purchase or possess a cigar, cigarette, smokeless tobacco or tobacco in any of its forms if the person under the age of 18 purchases or is given the cigar, cigarette, smokeless tobacco or tobacco in any of its forms from a retail seller of tobacco products or an employee of the retail seller pursuant to a plan or action to investigate, patrol, or otherwise conduct a "sting operation" or enforcement action against a retail seller of tobacco products or a person employed by the retail seller of tobacco products or on any premises authorized to sell tobacco products to determine if tobacco products are being sold or given to persons under 18 years of age if the "sting operation" or enforcement action is approved by the Department of State Police, the county sheriff, a municipal police department, the Department of Public Health, or a local health department. (Source: P.A. 95‑905, eff. 1‑1‑09; 96‑179, eff. 8‑10‑09; 96‑446, eff. 1‑1‑10; 96‑1000, eff. 7‑2‑10.)
(720 ILCS 675/2)(from Ch. 23, par. 2358) Sec. 2. Penalties. (a) Any person who violates subsection (a), (a‑5), or (a‑6) of Section 1 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. (b) If a minor violates subsection (a‑7) of Section 1 he or she is guilty of a petty offense and the court may impose a sentence of 15 hours of community service or a fine of $25 for a first violation. (c) A second violation by a minor of subsection (a‑7) of Section 1 that occurs within 12 months after the first violation is punishable by a fine of $50 and 25 hours of community service. (d) A third or subsequent violation by a minor of subsection (a‑7) of Section 1 that occurs within 12 months after the first violation is punishable by a $100 fine and 30 hours of community service. (e) Any second or subsequent violation not within the 12‑month time period after the first violation is punishable as provided for a first violation. (f) If a minor is convicted of or placed on supervision for a violation of subsection (a‑7) of Section 1, the court may, in its discretion, and upon recommendation by the State's Attorney, order that minor and his or her parents or legal guardian to attend a smoker's education or youth diversion program if that program is available in the jurisdiction where the offender resides. Attendance at a smoker's education or youth diversion program shall be time‑credited against any community service time imposed for any first violation of subsection (a‑7) of Section 1. In addition to any other penalty that the court may impose for a violation of subsection (a‑7) of Section 1, the court, upon request by the State's Attorney, may in its discretion require the offender to remit a fee for his or her attendance at a smoker's education or youth diversion program. (g) For purposes of this Section, "smoker's education program" or "youth diversion program" includes, but is not limited to, a seminar designed to educate a person on the physical and psychological effects of smoking tobacco products and the health consequences of smoking tobacco products that can be conducted with a locality's youth diversion program. (h) All moneys collected as fines for violations of subsection (a), (a‑5), (a‑6), or (a‑7) of Section 1 shall be distributed in the following manner: (1) one‑half of each fine shall be distributed to the
unit of local government or other entity that successfully prosecuted the offender; and
(2) one‑half shall be remitted to the State to be
used for enforcing this Act.
(Source: P.A. 96‑179, eff. 8‑10‑09.)
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