O-771-93 01/11/93VILLAGE OF LEMONT
ORDINANCE NO. '771
ORDINANCE AMENDING CHAPTER 5.24
OF THE MUNICIPAL CODE OF LEMONT ENTITLED,
"CIGARETTE AND TOBACCO DEALERS"
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
Published in pamphlet form by
authority of the President and
Board of Trustees of the Pillage
of Lemont, Cook, Will and DuPage
County, Illinois, this day
of twin �s�i�,.�,� 3.
day of
1993.
ORDINANCE NO.,/
ORDINANCE AMENDING CHAPTER 5.24
OF TILE MUNICIPAL CODE OF LEMONT ENTITLED,
"CIGARETTE AND TOBACCO DEALERS"
BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont
that the Lemont Municipal Code Chapter 5.24 be amended as follows:
CHAPTER 5.24
SECTIONS:
5.24.010
5.24.020
5.24.030
5.24.040
5.24.050
5.24.060
5.24.070
5.24.080
5.24.090
5.24.010
Legislative Findings and Declaration
Definitions
License Required
Application for License; Fee
Location Restrictions
Prohibitions Regarding Minors
Certain Free Distributions Prohibited
Vending Machines; Locking Devices
Administration and Enforcement
LEGISLATIVE FINDINGS AND DECLARATION.
Board of Trustees expressly find and declare that:
A. Cigarette smoking is dangerous to human health.
B. There exists substantial scientific evidence that the use of tobacco products
causes cancer, heart disease and various other medical disorders.
C. 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.
D. The Director of the National Institution 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.
E. The National Institute on Drug Abuse found that cigarette smoking precedes and
may be predictive of adolescent illicit drug use.
F. 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.
G. 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.
5.24.020 DEFINITIONS.
For the purposes of this Chapter, the following words and phrases shall have the
meanings respectively ascribed to them:
TOBACCO PRODUCTS: Any substance containing tobacco leaf, including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
VENDING MACHINE: Any mechanical, electric or electronic self - service devise
which, upon insertion of money, tokens or any other form of payment, dispenses tobacco
products.
5.24.030 LICENSE REQUIRED.
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 therefore pursuant to this
Chapter.
Such Licenses shall be in addition to any other license required by this Code.
5.24.040 APPLICATION FOR LICENSE; FEE.
Application for a license hereunder shall be made, in writing, to the Village Clerk
and shall be processed in accordance with the provisions of Ordinance 248 (part), 1968;
prior code Section 22.101.
The license fee for a tobacco dealer's license shall be Thirty Dollars ($30.00).
524.050 LOCATION RESTRICTIONS.
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 eighteen
(18) years.
524.060 PROHIBITIONS REGARDING MINORS.
It shall be unlawful:
A. Sales To: 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.
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.
B. Sale By: For any licensee or any officer, associate, member, representative,
agent or employee of such licensee, to engage, employ or permit any person under eighteen
(18) years of age to sell tobacco products in any licensed premises.
C. Purchase: For any person under the age of eighteen (18) years to purchase
tobacco products or to misrepresent his identity or age or to use any false or altered
identification for the purpose of purchasing tobacco product.
D. Possession: For any person under the age of eighteen (18) years to possess any
tobacco products; provided, that the possession by a person under the age of eighteen (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.
5.24.070 CERTAIN FREE DISTRIBUTIONS PROHIBITED.
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 Village, any school district, any
park district or any public library.
524.080 VENDING MACHINES; LOCKING DEVICES.
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.
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 the business located at such
premises shall be exempt from the requirements of this Section.
5.24.090 ADMINISTRATION AND ENFORCEMENT.
A. Administration: The Mayor shall be charged with the administration of this
Chapter.
B. Violation -- Penalty: Any person, firm or corporation violating any provision of
this chapter shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred
Dollars ($500.00) for each offense, and a separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
C. Suspension or Revocation of Licenses: The Mayor 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 hereof.
D. Fine in Lieu of Suspension or Revocation: In lieu of suspension or revocation
of a license, the Mayor 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.
E. Hearing; Decisions; Fees:
1. Notice of Hearing: No such license shall be suspended or revoked and
no licensee shall be fined except after a public hearing by the Mayor
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. The seven (7) day notice provisions shall begin the day
following delivery by certified mail or by personal service.
2. Mayor's Decision: The Mayor shall, within seven (7) days after such
if he determines after such hearing that the license should be revoked
or suspended, or that the licensee should be fined, 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
service a copy of such order within the seven (7) days upon the
licensee.
3. Fees: Any licensee determined by the Mayor to have violated any of
the provisions of this Chapter shall pay to the Village the costs of the
hearing before the Mayor on such violation. The Mayor shall
determine the costs incurred by the Village for said hearing, including,
but not limited to, court reporter's fees, the costs of transcripts of
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 Mayor may allow.
The licensee shall pay said costs to the Village within thirty
(30) days of notification of the costs by the Mayor. Failure to pay said
costs within thirty (30) days of notification is a violation of this
Chapter and may be caused for license suspension or revocation or the
levy of a fine.
F. Use of Premises After License 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.
G. Responsibility of Licensee for Agents and Employees: Every act or omission of
whatsoever nature constituting a violation of any of the provisions of this Chapter 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.
This Ordinance shall be in full force and effect beginning March 1, 1993, after its
passage, approval and publication in the manner provided by law.
All ordinances or parts of ordinances in conflict herewith shall be and the same are
hereby repealed.
The Village Clerk of the Village of Lemont shall certify to the adoption of this
Ordinance and cause the same to be published in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE,
ILLINOIS, on this Air day of
Kenneth S. Bromberek
Barbara Buschman
Bert Ercoli
Richard A. Kwasneski
William Margalus
Ralph Schobert
Attest:
1993.
AYES NAYS PASSED ABSENT
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Approved by me this / day of
B:\ORDINANC\TOBACCO.AMD
CHARLENE M. SMOLLEN, Village Clerk
1993.
LEN, Village Clerk
2,...
SEP ' . O ' ZLEY, V 'age, ' resident