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HomeMy WebLinkAboutORDINANCE - 489 - 7/25/1967 - TOBACCO DEALERS/AMENDEDORDINANCE No. 489 AN ORDINANCE RELATING TO TOBACCO DEALERS NOW, TBEREFORE, BE IT CRBAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and Du Page: Section 1. That Chapter 21 of the Municipal Code of Elk Grove Village be and is hereby amended by adding thereto the following: ARTICLE VII. Tobacco Dealers. Section 21.701 Definition. The term "retail tobacco dealer" when used in this article shall mean any person selling, offering for sale, exposing for sale or keeping, with the intention of selling or exchanging at retail, cigarettes, cigars or tobacco in any form. Section 21.702 License required. No person shall engage in the business of a retail tobacco dealer in the Village without first having obtained a license therefor; provided, however, that no such license will be required of a retail tobacco dealer if he makes no over-the-counter sales of cigarettes, cigars or tobacco in any form, but merely permits the sale of cigarettes from cigarette -vending machines located on his premises which are all properly registered and for which registration stickers have been purchased as hereinsSter provided. Section 21.703 Application. An application for a retail tobacco dealer's license shall be made in conformity with the general requirements of this Code relating to applications for licenses. Section 21.704 Investigations. The Police Chief or any other Village official designated by the Village Manager, shall make or cause to be made such investigation as he deems necessary to determine the character and reputation of any applicant for a retail tobacco dealer's license and to determine whether said applicant is a proper person to be entrusted with the sale of cigarettes, cigars or tobacco in any form. No license shall be issued to any applicant who is not found to be a person of good character and reputation, or to any firm, corporation, partnership or association which is not represented in the Village by a person found to be of good character and reputation. The Village official charged with making said investigation shall indicate on the application for license the results of his investigation and his approval or disapproval of said application. Section 21.705 Fee. The annual fee for a retail tobacco dealer's license shall be thirty five ($35.00) dollars plus thirty five ($35.00) dollars for each cigarette vending coaching which is located on the premises of said retail tobacco dealer and which is not properly registered and for which a registration sticker has not been purchased by the owner of such machine as hereinafter provided. Section 21.706 Transfer of license. The transfer of any license issued hereunder is hereby expressly prohibited. Section 21.707 Sanitary and health requirements. It shall be the duty of all persons licensed hereunder, upon the demand of the Health Inspector, to furnish for inspec- tion samples of all cigarettes, cigars or tobacco in any form sold or offered for sale by them, and it shall be the duty of such person to keep their premises and buildings in a clean and sanitary condition. No person shall expose for sale, sell or offer for sale to any person, directly or indirectly, within the Village, any cigarettes, cigars or tobacco in any form containing opium, morphine, jimson weed, belladonna, strychnia, cocaine or any other poisonous or deleterious drug or drugs. Section 21.708 Minors. 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, except upon the written order of an adult known to the dealer. Section 21.709 Sales near schools. No person shall sell, give away, barter, exchange or otherwise deal in any cigarettes, cigars or tobacco in any form at any place located within 100 feet of any building used exclusively for school purposes; provided, however, that this section shall not apply to retail tobacco dealers who conduct business in a building and who were licensed to conduct business at such fixed location prior to the effective date of this Code. Section 21.710 Inspections. The Health Inspector shall inspect and examine or cause to be inspected and examined, as often as he deems necessary, all places where cigarettes, cigars or tobacco in any form are licensed to be sold at retail within the Village, and all such cigarettes, cigars or tobacco, to determine whether all applicable laws of the state and provisions of this Code are being complied with. Section 21.711 Cigarette - vending machines - definitions. The term "cigarette-vending machine" when used in this article shall mean any mechanical container or device used or intended to be used for retail sales of cigarettes, the operation of which is governed or controlled by the deposit of a coin or token. The term "operator" when used in this article shall mean any person who owns a cigarette-vending machine and who cousigna such machine for use . and undertakes to maintain it in proper operating condition and keep it supplied with such cigarettes as are ordered by the retail tobacco dealer while on consignment to him. The term "owner" when used in this article shall include an operator or retail tobacco dealer who has acquired possession and exclusive control of a cigarette- vending machine by purchase, lease or otherwise. Section 21.712 Annual registration of cigarette- vending machines. Before any cigarette-vending machine may be installed for use, and thereafter, before May 1 in each calendar year, it shall be registered as hereinafter provided. - 2 - Section 21.713 Application for registration. Application for a registration sticker for each cigarette - vending machine shall be filed in the office of the Village Clerk by the owner, stating his name and address, the name of the makes of such machine and factory number thereof, the name of the retail tobacco dealer for whose use it is to be installed, and the street address of the premises in which it is to be used. Section 21.714 Approval of application. The original application shall be referred to the Village Manager for investigation and verification of the facts stated therein and the business methods of the owner. Unless said Village Manager shall find that the owner has been convicted of a criminal offense, or that he has violated any law or ordinance imposing any cigarette excise tax, or, if the owner be an operator, that he has employed coercive or illegal measures to promote the use of his cigarette -vending machine or to promote the sale of any brands of cigarettes, or that the place where said cigarette -vending machine is to be used, and the person in control thereof is not qualified under the provisions of this article, he shall return said application to the Village Clerk with his approval; otherwise he shall return it with a statement of his reasons for refusing approval of the application. If the owner is a firm, corporation, partnership or association, the application shall not be approved if the Village Manager shall find that any member, officer, director or manager of such firm, corporation, partnership or association, or any stockholder owning more than five percent (5%) of the stock of such corporation, would not be eligible for a certificate of registration if he were the sole owner. Section 21.715 Registration sticker. Upon approval of the application by the Village Manager and payment of the annual registration fee to the Village Clerk the Village Clerk shall issue a registration sticker. The registration sticker shall be affixed to the cigarette -vending machine so as to be clearly visible when in use. Section 21.716 Registration fee. A fee of thirty five ($35.00) dollars shall be paid for each registration sticker. Section 21.717 Penalty. Any person, firm or corporation violating any provision of this article shall be fined not less than $25.00 nor more than $200.00 for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs. Section 2. This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this 25th day of July, 1967. Jack D. Pahl Village President Attest: Eleanor G. Turner Village Clerk Published this 2nd day of August, 1967 in the Elk Grove Herald and Du Page County Register. - 3 -