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2017-08-21 - Ordinance 2017-039 - AMENDING CHAPTER 5.32Strikeou =deletion RMINVI -010 ROOM 1� J Q YEARSOLD WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village regulates the retail sale and purchase of tobacco products, accessories and electronic smoking devices to person under eighteen (18) years of age pursuant to Chapter 5.32, Tobacco, of the Buffalo Grove Municipal Code-9 and WHERFAS, recent studies indicate that 95 percent of all adult smokers started smoking before they turned 21 years old; and WHEREAS, studies also indicate that people who begin smoking at an early age are more likely to develop a severe addiction to nicotine than those who start at a later age; and WHEREAS, rates of tobacco and e-cigarette use have decreased significantly in jurisdictions for which the minimum sales age for tobacco products has been increased to 21 years; and WHEREAS, the Village or has determined that it will serve and advance the public's health, safety and welfare and be in the best interest of the Village and its residents, to amend the Buffalo Grove Municipal Code to increase the minimum age for the purchase and sale of tobacco products and electronic smoking devices to 21 years of Age. TR,11STEES 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 [!,art of this Ordinance as if fully set forth herein. Section 2. Section 5.32.090, Prohibited sales, delivery —Signs, Section 5.32.100, Purchase by persons under twenty-one (21) years of age prohibited, and 5.32.110, Vending machines- 5.32.090 - Prohibited sales, delivery --Signs. A. It is unlawful for any person, including any licensee, to sell, offer for sale, give away or deliver tobacco products to any person under twenty-one (2 1) years oC age the age of eighteefl-ye&FS. B. Signs informing the public of the age restrictions provided for in this Chapter 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 sign shall be plainly visible and shall state: THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER TWENTY-ONE (2 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 high. 5.32.100 - Purchase by persons under twenty-one (21) years of age minors prohibited. It is unlawful for any person under twenty-one (2 1) years of age the age e '5. -1 to purchase tobacco products, or to misrepresent their identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products. 5.32.110 - Vending machines —Locking devices. A. It is 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 vendin,-'N 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 twcnt)L-one (2 1 ) years of age th e age o f ei ghteen-year-s. M. Any premises where access by persons under twenty-one (2 1) years of age the-age-g eighteen 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 this section. Section 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. Section 4. Any person violating any portion of this Ordinance shall be punished according To—th—eprovisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 5. This Ordinance shall be in full force and effect from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. The implementation of this Ordinance shall be delaved for 120 caterijkvrd.i-v ater.4,ugist 21- 2017. AYES: 5 -- Berman, Stein, Ottenheimer, Weidenteld, Jolmsoii 1�I FEW I � �4- APPROVED: Aunst 21,2017. Janeirabiati, Village Clerk