Loading...
Ordinance 1993-23 ORDINANCE NO: 93-z 3 AN ORDINANCE PROVIDING FOR THE COMPREHENSIVE REGULATION OF TOBACCO PRODUCTS BE IT ORDAINED BY THE CITY OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS: WHEREAS, the Mayor and City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE, upon recommendation and request by various members of the community and City Council, and consideration by the City Police Department expressly find and declare that: 1. Cigarette smoking is dangerous to human health; 2. 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; 3. The Director of the National Institute on Drug Abuse concluded that the majority of the 320,000 Americans who die each year from cigarette smoking become addicted to nicotine as adolescents before the age of legal consent. 4. The present legislative scheme of prohibiting sales of tobacco products to persons under the age of 18 has proven ineffective in preventing such persons from using tobacco products; 5. That the enactment of this Chapter directly pertains to and is in furtherance of the health, welfare and safety of the residents of Yorkville, particularly those residents under the age of 18. NOW THEREFORE, the Mayor and the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE, upon Motion duly made, seconded, and approved, hereby create an Ordinance regulating the sale of Tobacco products as set out below: 1 Section I Definitions For the purposes of this Ordinance, the following words and phrases shall have these meanings: "Tobacco Products" means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, snuff or chewing tobacco. "Vending Machines" means any mechanical or electrical, self-service devices which, upon insertion of money or tokens, dispenses tobacco products. Section II Licensing (a) It shall be unlawful to sell or to 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 UNITED CITY OF THE VILLAGE OF YORKVILLE, without having first obtained a tobacco dealer's license pursuant to this Ordinance. (b) Such license shall be in addition to any other license required by this code. (c) Application for a license hereunder shall be made in writing to the City Clerk and shall be processed according to normal licensing procedures. (d) The license fee for a tobacco dealer's license shall be a one time $50.00 charge. Section III Prohibitions and Requirements (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 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 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 letters of said sign shall be a minimum of one inch (1") high. (c) It shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under 18 years of 2 age to sell tobacco products in any licensed premises. (d) It shall be unlawful for any person under the age of 18 years 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. (e) It shall be unlawful for any person under the age of 18 years to possess any tobacco product; provided that the possession by a person under the age of 18 years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited. (f) It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products within one hundred feet (100) of any school, child care facility, or other building used for education or recreational programs for persons under the age of 18 years. (g) It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any such licensee or person, in the course of such licensee's or person's business, to distribute, give away or deliver tobacco products free of charge to any person on any right-of-way, park, playground or other property owned by the city, any school district, any park district or any public library. (h) 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 devise controlled by the licensee so as to prevent its operation by persons under the age of 18 years old. (i) Any premises where access by persons under the age of 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 Section III (h) above. 0) Violation of Section III (d) or (e) or (f) of this Ordinance by a minor shall be punished by a fine of $25.00 or the imposition of community service work not to exceed 10 hours. Nonpayment of said fine by a minor, may result in liability to the parent or guardian of said minor under the Illinois Parental Responsibility Statute. 3 Section IV Agent and Employee Responsibility (a) Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this Ordinance by any 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. Section V License Suspension or Revocation (a) The Mayor shall be charged with the administration of this Ordinance. The Mayor may suspend or revoke any license issued under the provision of this Ordinance, if he determines that the licensee has violated any of the provisions of this Ordinance. In lieu of suspension or revocation of a license, the Mayor may instead levy a fine not to exceed $250.00 for each violation. Each day on which a violation continues shall constitute a separate violation. However, no such license shall be suspended or revoked and no licensee shall be fined except after public hearing in front of the Mayor and City Council. The licensee shall be given 7 days written notice of said opportunity to appear and defend against the charges contained in the notice. The 7 day notice period shall begin to run the day after delivery of the notice. The Mayor shall within 10 days after the hearing, state the reason for any suspension, revocation or fine, in a written order, together with the amount of the fine, the time of the suspension or that the license has been revoked. A copy of the order shall be served upon the licensee within 7 days of the decision. (b) Any license determined by the Mayor to have violated any of the provisions of this Ordinance shall pay to the City any fine levied by the Mayor within 14 days of the notice of the order of said Mayor setting forth the amount of the fine. (c) Failure of any licensee to pay said fine within 14 days of notice of said order shall be cause for license suspension or revocation. Section VI Use of Premises After Revocation (a) When any license shall have been revoked for any reason, no license shall be granted 4 to the licensee for a period of 4 months thereafter for the conduct of business of selling tobacco products as defined in this Ordinance in the premises described on such revoked license. Section VII Applicability (a) That the provisions of this Ordinance shall be enforced from and after September 1, 1993. (b) 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. WITNESS WHEREOF, this Ordinance has been enacted this day of LL d 1993. PAS D AND APPROVED THIS DAY OF 1993. ATTEST C 7Y CLERK KE TH K. KITTO , JR. Mayor Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (708)553-9500 5