Ordinance 2019-33 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2019-33
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,ILLINOIS INCREASING
THE AGE FOR THE SALE AND POSSESSION OF TOBACCO PRODUCTS,
ELECTRONIC CIGARETTES AND ALTERNATIVE NICOTINE PRODUCTS
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This I I I day of June,2019
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on June 17,2019.
Ordinance No. 2019-33
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,ILLINOIS INCREASING
THE AGE FOR THE SALE AND POSSESSION OF TOBACCO PRODUCTS,
ELECTRONIC CIGARETTES AND ALTERNATIVE NICOTINE PRODUCTS
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, Public Act 101-0002, An Act Concerning Criminal Law, effective July 1,
2019 amended the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco
Products Act (720 ILCS 675/0.01 et seq.)by amending the age requirement from 18 years of age
to 21 years of age to buy or sell to any tobacco product,electronic cigarette or alternative nicotine
product; and,
WHEREAS,the Police Department has requested the adoption of the same regulations as
a local ordinance to assist in the enforcement of these violations.
NOW,THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That Sections 3-8-1, 3-8-2, and 3-8-3 of Chapter 8, Tobacco Dealers, of Title 3
of the Yorkville City Code,as amended,be and is hereby repealed and replaced with the following:
Chapter 8
TOBACCO DEALERS AND REGULATIONS
3-8-1: DEFINITIONS:
For the purposes of this Chapter,the following words and phrases shall have these meanings:
TOBACCO PRODUCTS: means any product containing or made from tobacco that is intended
for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted,
sniffed,or ingested by any other means,including,but not limited to,cigarettes,cigars,little cigars,
chewing tobacco, pipe tobacco, snuff, snus, and any other smokeless tobacco product which
contains tobacco that is finely cut, ground, powered, or leaf and intended to be placed in the oral
cavity. "Tobacco product" includes any component, part, or accessory of a tobacco product,
whether or not sold separately. "Tobacco product" does not include: an electronic cigarette and
alternative nicotine product as defined in this Section; or any product that has been approved by
the United States Food and Drug Administration for sale as a tobacco cessation product, as a
tobacco dependence product, or for other medical purposes, and is being marketed and sold solely
for that approved purpose.
ELECTRONIC CIGARETTES: means
a. Any device that employs a battery or other mechanism to heat a solution or
substance to produce a vapor or aerosol intended for inhalation;
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b. Any cartridge or container of a solution or substance intended to be used with
or in the device or to refill the device; or
c. Any solution or substance, whether or not it contains nicotine intended for use
in the device. "electronic cigarette" includes, but is not limited to, any
electronic nicotine delivery system, electronic cigar, electronic cigarillo,
electronic pipe, electronic hookah, vape pen, or similar product or device, and
any components or parts that can be used to build the product or device.
"Electronic cigarette" does not include: cigarettes as defined Section 1 of the
Cigarette Tax Act and tobacco products as defined in Section 10-5 of the
Tobacco Products Tax Act of 1995; tobacco product and alternative nicotine
product as defined in this Section; any product approved by the United States
Food and Drug Administration for sale as a tobacco cessation product, as a
tobacco dependence product, or for other medical purposes, and is being
marketed and sold solely for that approved purpose; any asthma inhaler
prescribed by a physician for that condition and is being marketed and sold
solely for that approved purpose; or any therapeutic product approve for use
under the Compassionate Use of Medical Cannabis Pilot Program Act.
ALTERNATIVE NICOTINE PRODUCT: means a product or device not consisting of or
containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing,
smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. "Alternative
nicotine product" does not include;cigarettes as defined in Section 1 of the Cigarette Tax Act and
tobacco products as defined in this Section; or any product approved by the United States Food
and Drug Administration for sale as a tobacco cessation product,as a tobacco dependence product,
or for other medical purposes, and is being marketed and sold solely for that approved purpose.
NICOTINE: means any form of the chemical nicotine, including any salt or complex, regardless
of whether the chemical is naturally or synthetically derived.
VENDING MACHINES:Any mechanical or electrical,self-service devices which,upon insertion
of money or tokens, dispenses products.
3-8-2: LICENSE REQUIRED:
A. License Required. 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 City without first obtaining a tobacco dealer's license
pursuant to this Chapter. Such license shall be in addition to any other license required
by this Code.
B. Application for a license shall be made in writing to the City Clerk and shall be processed
according to this Title. The initial application fee shall be $50.00.
C. The license shall be for a term of one year beginning May 1St and ending April 30th with
an annual fee of five dollars ($5.00). All existing licenses without a term shall expire
April 30, 2020 and new or renewal licenses issued before April 30, 2020 shall be issued
with a fee of five dollars ($5.00)from the date of issuance through the license term from
May 1, 2020 through April 30, 2021.
3-8-3: REGULATIONS
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A. No person under 21 years of age shall buy any tobacco product, electronic cigarette or
alternative nicotine product.
B. No person shall sell,buy for, distribute samples of or furnish any tobacco product,
electronic cigarette, or any alternative nicotine product to any person under 21 years of
age.
C. No person under 18 years of age may sell any tobacco product, electronic cigarette, or
alternative nicotine product at a retail establishment selling tobacco products, electronic
cigarettes, or alternative nicotine 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.
D. Before selling, offering for sale, giving, or furnishing a tobacco product, electronic
cigarette, or alternative nicotine product to another person,the person selling, offering for
sale, giving, or furnishing the tobacco product, electronic cigarette, or alternative nicotine
product shall verify that the person is at least 21 years of age by:
(1) Examining from any person that appears to be under 30 years of age a government-
issued photographic identification that establishes the person to be 21 years of age or
older; or
(2) For sales of tobacco products, electronic cigarettes, or alternative nicotine products
made through the internet or other remote sales methods,performing an age
verification through an independent,third party age verification service that compares
information available for public records to the personal information entered by the
person during the ordering process that establishes the person is 21 years of age or
older.
E. No person under 21 years of age in the furtherance of facilitation of obtaining any
tobacco product, electronic cigarette, or alternative nicotine product shall display or use a
false or forged identification card or transfer, alter, or deface an identification card.
F. No minor under 21 years of age shall possess any tobacco product, electronic cigarette or
alternative nicotine product.
G. No person shall distribute without charge samples of any tobacco product, electronic
cigarettes or alternative nicotine products except in any adult-only facility as defined in
the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products
Act.
H. Tobacco products, electronic cigarettes, and alternative nicotine products may be sold
through a vending machine only if such tobacco products,electronic cigarettes, and
alternative nicotine 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)places to which persons under 21 years of age are not permitted access at
any time or(2)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.
I. It is not a violation of this Section for a person under 21 years of age to purchase a
tobacco product, electronic cigarette or alternative nicotine product if part of an
enforcement action conducted by the City Police Department.
J. Posting of signs: 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 any tobacco product, electronic cigarette or
alternative nicotine product. Each sign shall state: THE SALE OF ANY TOBACCO
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PRODUCT, ELECTRONIC CIGARETTE OR ALTERNATIVE NICOTINE PRODUCT
TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW.
The letters of said sign shall be a minimum of one inch(1.0")high.
K. Sale near church or school. It shall be unlawful for any person to sell,offer for sale, give
away or deliver any tobacco product, electronic cigarette or alternative nicotine product
within one hundred feet(100') of any church, school, childcare facility, or other building
used for education or recreational programs for persons under eighteen years of age.
L. Gift Of Tobacco Products On City, School Or Park Property: It shall be unlawful for any
licensee or any person in the business of selling or otherwise distributing,promoting or
advertising any tobacco product, electronic cigarette or alternative nicotine product, 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.
M. No person shall knowingly sell, barter, exchange, deliver or give away or cause or permit
or procure to be sold, bartered, exchanged,delivered or given away tobacco accessories
or smoking herbs to any person under 21 years of age. Tobacco accessories and smoking
herbs shall be defined as stated in the Tobacco Accessories and Smoking Herbs Control
Act(720 ILCS 685/1 et seq.)."
Section 2: This Ordinance shall be in full force and effect on July 1, 2019 except for
Section 3-8-2C which shall become effective upon its passage, approval and publication
according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 11 h day
of June, 2019.
CITY CLERK
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER ABSENT
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON AYE
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of J U nl E , 2019.
J
MAYOR
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