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1990-07511/15/90 0 0 ORDINANCE NO. 90- 75 AN ORDINANCE AMENDING CHAPTER 5.32 TOBACCO OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, there exists substantial scientific evidence that the use of tobacco products causes cancer, heart disease and various other medical disorders; and WHEREAS, 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; and WHEREAS, the Director of the National Ins-tl-tut_e. °onr Drug Abuse concluded that the majority of the three hundred twenty thousand (320,000) Americans who die each year from cigarette smoking became addicted to nicotine as adolescents before the age of legal consent; and WHEREAS, the National Institute on Drug Abuse found that cigarette smoking precedes and may be predictive of adolescent illicit drug use; and WHEREAS, the present legislative scheme of prohibiting sales of tobacco products to persons under the age of eighteen (18) has proven ineffective in preventing such persons from using tobacco products; and L 0 WHEREAS, the enactment of this Chapter directly pertains to and is in furtherance of the health, welfare and safety of the residents of the Village, particularly those residents under eighteen (18) years of age; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. Chapter 5.32 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: Chapter 5.32 TOBACCO Sections: 5.32.010 Definitions. 5.32.020 License Required. 5.32.030 License Application. 5.32.040 License Fee. 5.32.050 License : -e iR.t 5.32.060 License Transfer. 5.32.070 Mechanical Devices For Sale Of Tobacco Products -- License Required. 5.32.080 Mechanical Devices - -Fee. 5.32.090 Prohibited Sales, Delivery - Signs. 5.32.100 Purchase By Minors Prohibited. 5.32.110 Vending Machines -- Locking Devices. 5.32.120 Responsibility For Agents And Employees. 5.32.130 Suspension; Revocation Of License; Fines, Costs. 5.32.140 Use Of Premises After Revocation. 5.32.150 Violation -- Penalty. 5.32.010 Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them: -2- o - � A. "tobacco products" means any substance containing tobacco leaf, including, but not limited to, cigarettes, pipe tobacco, snuff, chewing tobacco or dipping tobacco. B. "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. 5.32.020 License Required. A. 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. B. Such license shall be in addition to any other license required by this Code. 5.32.030 License Application. Application for a license hereunder shall be made in writing to the Village Clerk. 5.32.040 License Fee. The license fee for a tobacco dealer's license shall be fifty dollars annually for the whole or any part of the license period for which applica- tion is made. Such license shall entit 4 Y hso. der to sell tobacco products over the counter or from one mechanical device, but not both. 5.32.050 License Term. Every tobacco dealer's license shall be issued for a year, or portion thereof, ending on the last day of December. 5.32.060 License Transfer. The transfer of any license issued under this Chapter is expressly prohibited. 5.32.070 Mechanical Devices For Sale Of Tobacco Products -- License Required. No person without a tobacco dealer's license shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use upon his premises of any vending machine, automatic vending machine, coin - controlled machine or coin - operated machine or other mechanical device used or intended to be used for the sale or distribution of tobacco products. 5.32.080 Mechanical Devices - -Fee. Every tobacco dealer having a mechanical device on his premises in addition to the sale of tobacco products over the counter or in addition to the first mechanical device permitted in -3- 0 0 Section 5.32.040 shall be required to pay a fee of thirty - five dollars for each mechanical device in addition to the fee set forth in Section 5.32.040. The fee shall be paid annually for the whole or any part of the license period for which the application is made. 5.32.090 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 eighteen (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 EIGHTEEN 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 one inch (1 ") high. 5.32.100 Purchase By Minors Prohibited. It shall be unlawful for any person under the age of eighteen (18) years to purchase tobacco products, or to misrepresent their identity or age, or to use any false or�_—afltjer:�end:.;;i dent ifica- tion for the purpose of purchasing tobacco products. 5.32.110 Vending Machines -- Locking Devices. A. 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 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. 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 business located at such premises, shall be exempt from the requirements of Section 5.32.110. 5.32.120 Responsibility For Agents And Employees. Every act of omission of whatsoever nature, constituting a violation of any of the provisions of this Chapter by any -4- m o 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. 5.32.130 Suspension; Revocation Of License; Fines, Costs. A. The Village President shall be charged with the administration of this Chapter. The Village President may suspend or revoke any license issued under the provisions of this Chapter, 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 five hundred dollars ($500.00) for each violation. Each day on which a violation continues shall constitute a separate violation. B. 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 seven (7) day written notice to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice. Such notice shall be sent by certified mail or by personal service at least seven (7) days prior to the date set for the hearing. C. If the Village President determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, he shall 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 upon the licensee. D. 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. E. 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 Chapter and -5- t , may be cause for license suspension or revocation, or the levy of a fine. 5.32.140 Use 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 six (6) months thereafter for the conduct of the business of selling tobacco products in the premises described in such revoked license. 5.32.150 Violation -- Penalty. Unless otherwise set forth in this Chapter, any person violating the provisions of this Chapter shall be punished as provided in Chapter 1.08. Section 2. Sections 5.32.090, 5.32.110 and 5.32.130 of this Ordinance shall be enforced from and after January 1, 1991. Section 3. That all ordinances and resolutions, 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 its passage, approval and publication. AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn NAYES : 1 - Shifrin ABSENT: 0 - None PASSED: November 19 , 19 90 APPROVED: November 19 , 19 90 PUBLISHED: November 20. , 19 90 APPRO C Vil age President ATTEST: 11age Clerk -6- VILLAGE OF BUFFALO GROVE ORDINANCE NO. � ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROV THIS _le f DAY OF 19. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & Lake courlties, Illinois, this _� day of il-lage Clerk By VJ %-/LA 1 Mu Deputy Village Clerk 11/15/90 ORDINANCE NO. 90- 75. AN ORDINANCE AMENDING CHAPTER 5.32 TOBACCO OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, there exists substantial scientific evidence that the use of tobacco products causes cancer, heart disease and various other medical disorders; and WHEREAS, 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; and WHEREAS, the Director of the National In:sti.tute-'on Drug Abuse concluded that the majority of the three hundred twenty thousand (320,000) Americans who die each year from cigarette smoking became addicted to nicotine as adolescents before the age of legal consent; and WHEREAS, the National Institute on Drug Abuse found that cigarette smoking precedes and may be predictive of adolescent illicit drug use; and WHEREAS, the present legislative scheme of prohibiting sales of tobacco products to persons under the age of eighteen (18) has proven ineffective in preventing such persons from using tobacco products; and F, WHEREAS, the enactment of this Chapter directly pertains to and is in furtherance of the health, welfare and safety of the residents of the Village, particularly those residents under eighteen (18) years of age; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: . Section 1. Chapter 5.32 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: Chapter 5.32 TOBACCO Sections: 5.32.010 5.32.020 5.32.030 5.32.040 5.32.050 5.32.060 5.32.070 5.32.080 5.32.090 5.32.100 5.32.110 5.32.120 5.32.130 5.32.140 5.32,150 Definitions. License Required. License Application. License Fee. License .Term.. License Transfer. Mechanical Devices For Sale Of Tobacco Products -- License Required. Mechanical Devices - -Fee. Prohibited Sales, Delivery - Signs. Purchase By Minors Prohibited. Vending Machines -- Locking Devices. Responsibility For Agents And Employees. Suspension; Revocation Of License; Fines, Costs. Use Of Premises After Revocation. Violation -- Penalty. 5.32.010 Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them: WIC A. "tobacco products" means any substance containing tobacco leaf, including, but not limited to, cigarettes, pipe tobacco, snuff, chewing tobacco or dipping tobacco. B. "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. 5.32.020 License Required. A. 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. B. Such license shall be in addition to any other license required by this Code. 5.32.030 License Application. Application.for a license hereunder shall be made in writing to the Village Clerk. 5.32.040 License Fee. The license fee for a tobacco dealer's license shall be fifty dollars annually for the whole or any part of the license period for which applica- tion is made. Such license shall entitleL_holder to sell tobacco products over the counter or from one mechanical device, but not both. 5.32.050 License Term. Every tobacco dealer's license shall be issued for a year, or portion thereof, ending on the last day of December. 5.32.060 License Transfer. The transfer of any license issued under this Chapter is expressly prohibited. 5.32.070 Mechanical Devices For Sale Of Tobacco Products -- License Required. No person without a tobacco dealer's license shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use upon his premises of any vending machine, automatic vending machine, coin - controlled machine or coin - operated machine or other mechanical device used or intended to be used for the sale or distribution of tobacco products. 5.32.080 Mechanical Devices - -Fee. Every tobacco dealer having a mechanical device on his premises in addition to the sale of tobacco products over the counter or in addition to the first mechanical device permitted in -3- Section 5.32.040 shall be required to pay a fee of thirty- five dollars for each mechanical device in addition to the fee set forth in Section 5.32.040. The fee shall be paid annually for the whole or any part of the license period for which the application is made. 5.32.090 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 eighteen (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 EIGHTEEN 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 one inch (1 ") high. 5.32.100 Purchase By Minors Prohibited. It shall be unlawful for any person under the age of eighteen (18) years to purchase tobacco products, or to misrepresent their identity or age, or to use any false or..altered,identifica- tion for the purpose of purchasing tobacco products. 5.32.110 Vending Machines -- Locking Devices. A. 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 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. 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 business located at such premises, shall be exempt from the requirements of Section 5.32.110. - 5.32.120 Responsibility For Agents And Employees. Every act of omission of whatsoever nature, constituting a violation of any of the provisions of this Chapter by any -4- 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. 5.32.130 Suspension; Revocation Of License; Fines, Costs. A. The Village President shall be charged with the administration of this Chapter. The Village President may suspend or revoke any license issued under the provisions of this Chapter, 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 five hundred dollars ($500.00) for each violation. Each day on which a violation continues shall constitute a separate violation. B. 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 seven (7) day written notice to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice. Such notice shall be sent by certified mail or by personal service at least seven (7) days priorto the date set for the hearing. C. If the Village President determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, he shall 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 upon the licensee. D. 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 r 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. E. 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 Chapter and -5- may be cause for license suspension or revocation, or the levy of a fine. 5.32.140 Use 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 six (6) months thereafter for the conduct of the business of selling tobacco products in the premises described in such revoked license. 5.32.150 Violation -- Penalty. Unless otherwise set forth in this Chapter, any person violating the provisions of this Chapter shall be punished as provided in Chapter 1.08. Section 2. Sections 5.32.090, 5.32.110 and 5.32.130 of this Ordinance shall be enforced from and after January 1, 1991. Section 3. That all ordinances and resolutions, 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 its passage, approval and publication. AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn NAYES: 1 Shifrin ABSENT: 0 - None PASSED: November 19 19 90 APPROVED: November 19 19 90 PUBLISHED: November 20 ► 19 90 • APPROY Vil age President ATTEST: . �LUI�.a�►u LVillage Clerk -6-