HomeMy WebLinkAboutORDINANCE - 2137 - 12/11/1990 - AMEND CODE/CIGARETTE VENDING MACHINESE
ORDINANCE NO. 2137
AN ORDINANCE AMENDING ARTICLE XLIII, TOBACCO DEALERS/CIGARETTE
VENDING MACHINES, OF CHAPTER 18 OF THE MUNICIPAL CODE
OF THE VILLAGE OF ELK GROVE VILLAGE
WHEREAS, the President and Board of Trustees of the Village of
Elk Grove Village find and declare as follows:
and
I. Cigarette smoking is dangerous to human health;
2. There exists substantial scientific evidence that the
use of tobacco products causes cancer, heart disease
and various other medical disorders;
3. The Surgeon General of the United States has declared
that nicotine addiction from tobacco is similar to ad-
diction to cocaine, and is the most widespread example
of drug dependence in this country;
4. The Director of the National Institute 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 ado-
lescents before the age of legal consent;
5. The National Institute on Drug Abuse found that ciga-
rette smoking precedes and may be predictive of adol-
lescent illicit drug use; and,
6. 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;
WHEREAS, that the enactment of this Ordinance directly pertains
to and is in furtherance of the health, safety and welfare of the
residents of the Village.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DuPage, Illinois as follows:
Section 1: That Section 18.4304, REGULATIONS, of Chapter 18
of the Municipal Code be amended by substituting therein a new para-
graph B which shall read as follows:
B. It shall be unlawful for any person to sell or give
away, or offer to sell or give away, any cigarettes,
cigars or tobacco in any form to any person under
eighteen (18) years of age.
Section 2: That Section 18.4304 of the Municipal Code is
further amended by adding thereto the following:
E. 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."
F. 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, elec-
tric 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, 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 and all
hotels and motels, shall be exempt from the require-
ments of this Section.
Section 3: That Article XLIII of Chapter 18 of the Municipal
Code is further amended by adding thereto the following:
18.4306 Purchase/Possession by Minors Prohibited.)
A. It shall be unlawful for any person under the age of
eighteen (18) years to purchase tobacco products, or
misrepresent their identity or age, or to use any
false or alternate identification for the purpose of
purchasing tobacco products.
B. It shall be unlawful 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 super-
vision of the parent or guardian of such person shall
not be prohibited.
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18.4307 Certain Free Distribution Prohibited.)
A. It shall be unlawful for any licensee or any person
in the business of selling or otherwise distributing,
promotion or advertising tobacco products, or any em-
ployee 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.
18.4308 Suspension/Revocation.) The Village President shall
be charged with the administration of this Article. The
President may suspend or revoke any license issued under the
provisions of this Article, if he determines that the licensee
has violated any of the provisions of this Article. Prior to
any suspension or revocation, the licensee shall be given an
opportunity for a public hearing before the President if a
written request for such hearing is submitted to the Village
President within seven (7) days after notice to the licensee
of the possible suspension or revocation of his license.
18.4309 Penalties.) Any person, firm or corporation who vio-
lates any of the provisions of this Ordinance shall be subject
to a fine of not less than Twenty -Five ($25.00) Dollars nor
more than Five Hundred ($500.00) Dollars for each offense and
a separate offense shall be deemed committed on each day
during or on which a violation occurs or continues to exist.
In addition to any penalties imposed herein, any licensee who
violates any of the provisions of this Ordinance shall be sub-
ject to a suspension or revocation of the license issued to
said licensee.
Section 4: That the Village Clerk is hereby authorized to pub-
lish this Ordinance in pamphlet form.
Section 5: That this Ordinance shall be in full force and ef-
fect after its passage, approval and publication according to law.
VOTES: AYES: 4 NAYS: 2 ABSENT: 0
APPROVED:
Charles J. Zettek
VILLAGE PRESIDENT
ATTEST:
Patricia S. Smith
VILLAGE CLERK
PASSED this 11th day of December 1990.
APPROVED this T1thday of December , 1990.
PUBLISHED this 14th day of December , 1990,
in pamphlet form.
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