2016-03-21 - Ordinance 2016-018 - AMENDING CHAPTER 5.21 AND CHAPTER 9.32 OF THE MUNICPAL CODE 03/08/2016
ORDINANCE NO. 2016- 018
AN ORDINANCE AMENDING CHAPTER 5.32, TOBACCO, CHAPTER 9.32,
SMOKING IN PUBLIC PLACES AND CHAPTER 9.32, DEFINITIONS OF THE
ZONING CODE, 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, the Village Health Commission at its meeting on February 10, 2016
reviewed and discussed various treatises and articles concerning tobacco use and electronic
cigarettes (also known as "e-cigarettes" and "e-cigs") including: Patterns of Tobacco Use by
Nancy Rigotti, MD and James Stoller, MD C 2016; E-Cigarettes by Nancy Rigotti, MD and
Mark Aronson, MD C 2016; and Chemical Flavorings Found In E-cigarettes Linked To Lung
Disease Focus On Nicotine Overshadowed Other Hazards Attached To Smoking Device by Amy
Roeder, Harvard Chan School Communications, December 8, 2015; and
WHEREAS, electronic cigarettes use an electronic delivery system that aerosolizes
nicotine, producing a vapor that looks like smoke but is neither smoke nor the product of any
combustion. Electronic cigarettes use a cartridge which contains liquid nicotine and other
constituents rather than tobacco; and
WHEREAS, the Village Health Commission at its meeting on February 10, 2016
unanimously recommended to the Village Board approval of an amendment to the Smoking in
Public Places Ordinance to prohibit the usage of e-cigarettes and related vaping products in
public places; and
WHEREAS, the Village Planning&Zoning Commission held a public hearing on
February 17, 2016 to consider a text amendment t o t he Village Zoning Ordinance concerning E-
cigarettes; and
WHEREAS, the Village Planning & Zoning Commission at its meeting on February 17,
2016 unanimously recommended to the Village Board approval of an amendment tote Buffalo
Grove Municipal Code to create a definition for"tobacco shops" and include the retail sale of e-
cigarettes and vaping equipment , restrict e-cigarette/vape stores to be retail-only establishments
and prohibit sampling and to prohibit the usage of e-cigarettes and related vaping products in
public places; and
WHEREAS, the distribution of alternative nicotine products to persons under 18 years of
age is prohibited by Illinois Statutes (720 Illinois Compiled Statutes 675/1.5) which defines
44alternative nicotine product" as a product or device not consisting of or containing tobacco that
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provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing,
dissolving, inhaling, snorting, sniffing, or by any other means.
NOW THEREFORE BE IT ORDAINIED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
Section 1. The foregoing recitals are hereby adopted and incorporated into and made
a part of this Ordinance as if fully set forth herein.
Section 2. Subsection A., Tobacco products, of Section 5.32.020, Definitions, oft e
Buffalo Grove Municipal Code is hereby amended to read as follows:
5.3 2.010—Definitions.
A. "Tobacco products"means any substance containing tobacco leaf, including, but
not limited to cigarettes, pipe tobacco, snuff, chewing tobacco or dipping tobacco
and shall also include electronic cigarettes and any"alternative nicotine product"
as defined under 720 Illinois Compiled Statutes 67511.5(a), as amended from time
to time.
Section 3. Section 5.32.020, License required, of the Buffalo Grove Municipal Code
is hereby amended to read as follows:
5.3120 - License required.
A. It is 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 Chapter. A tobacco dealer's license shall be required of
4.pe1,011 Who solely sells or offers for sale c-ci arc ettes/al ternative nicotine
products.
B. Such license shall be in addition to any other license required by this Code.
Section 4. The definition of"smoke" and"smoking" in Section 9.32.010,
Definitions, of Chapter 9.32, Smoking in Public Places, of the Buffalo Grove Municipal Code is
hereby amended to read as follows:
9.32.010— Definitions.
"Smoke" or"smoking" means inhaling, exhaling, burning, or carrying any lighted
cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any
form and shall also include the inhaling, exhaling, burning or carrying, an
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activated electronic cigarette or an '`alternative nicotine product as defined
under 720 Illinois Compiled Statutes 675/1.5(a). as amended frorn time to time.
Section 5. Section 17.12.566, Tobacco shops, is hereby added to the Buffalo Grove
Municipal Code, to read as follows:
17-12.588 —Tobacco shop
A premises where tobacco products. e-cigarettes and *'alternative nicotine
products" as defined under 720 Illinois Con-ipiled Statutes 675/1.5(a), as amended
from time to time and equipment are sold at retail. Sarnpling of tobacco
products, electronic cigarettes and v alternative nicotine products are prohibited
on the ore mises. Sometimes referred to as e-eigarette/vane stores.
Section 6. This Ordinance shall be in full force and effect from and after its passage,
approval and publication.
AYES: 6— Berman. Trilling, Stein, Ottenheinier Weidenfeld,Johnson
NAYS: 0 - one
ABSENT: 0 - one
PASSED: March 21, 2016.
APPROVED: March 21. 2016.
APPROVED:
Beverly Suss n,Village President
ATTEST:
Janet SiyaN�an, Village Clerk
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