HomeMy WebLinkAboutORDINANCE - 3391 - 9/9/2014 - ALTERNATIVE NICOTINE PRODUCTSORDINANCE NO. 3391
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE B OF TITLE 3, BUSINESS
AND LICENSE REGULATIONS AND SECTION 4-7-2 OF THE ELK GROVE
VILLAGE CODE BY PROVIDING FOR THE REGULATION OF ALTERNATIVE
NICOTINE PRODUCTS
WHEREAS, the Judiciary, Planning and Zoning Committee considered the issue of
regulating alternative nicotine products and recommended that the matter be considered by the
Board of Trustees at a Committee of the Whole meeting; and
WHEREAS, there was a consensus of the Board of Trustees at the Committee of the
Whole meeting that sufficient evidence exists to the effect that certain alternative nicotine
products should be regulated in similar fashion as the regulations of cigarettes and tobacco
products.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage as follows:
Section 1: That Article B, Cigarette and Tobacco Dealers be amended to read as follows:
Article B. Cigarette and Tobacco Dealers, Alternative Nicotine Products.
Section 2: That Section 3-6B-1 Definitions of the Elk Grove Village Code be amended
by adding thereto the following definitions to be inserted in its alphabetical order:
ALTERNATIVE NICOTINE PRODUCT – 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. This does not include tobacco products as that term is defined in this Section or
any product approved by the United States Food and Drug Administration as a non-
tobacco product for sale as a tobacco cessation product, as a tobacco dependence product,
or for other medicinal purposes.
Section 3: That the definition of Tobacco Dealer set forth in Section 3-6B-1 be amended
by adding to said definition the following:
Tobacco Dealer shall also include the sale of alternative nicotine products as defined
herein.
Section 4: That Sections 3-6B-4 D 1, 2, 3, 4, 5 and 6 be amended by adding the words
“or alternative nicotine products” after the words “tobacco products” or after the word “tobacco”
where applicable.
Section 5: That Section 4-7-2 Definitions of Chapter 7, Smoke Free Air Regulations of
Title 4 Public Health of the Elk Grove Village Code, pertaining to “smoke or smoking” be
amended to read as follows:
SMOKE OR SMOKING: Inhaling, exhaling, burning, or carrying any lighted cigar,
cigarette, pipe, or other lighted tobacco product in any manner or form or any alternative
nicotine product as defined in Section 3-6B-1 of this Code.
Section 6: PENALTIES: Any person who violates any provisions of this article shall be
subject to a fine of not less than twenty five dollars ($25.00) 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 to exist.
Section 7: That the Village Clerk is hereby directed to publish this Ordinance in
pamphlet form.
Section 8: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication as provided by law.
VOTE: AYES: 4 NAYS: 2 ABSENT: 0
PASSED this 9th day of September 2014.
APPROVED this 9th day of September 2014.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan, Village Clerk
PUBLISHED this 12th day of September 2014 in pamphlet form.
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