§ 9.16.150. Unlawful sale of tobacco accessories.

A.

As used in this section, the term "tobacco accessories" means cigarette papers, pipes, holders of smoking materials of all types, cigarette rolling machines, and other items, designed primarily for the smoking or ingestion of tobacco products or of substances made illegal under any statute.

B.

Offenses.

1.

Sale to minors. 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 to any person under eighteen (18) years of age.

2.

Sale of cigarette paper. No person shall knowingly offer, sell, barter, exchange, deliver or give away cigarette paper or cause, permit or procure cigarette paper to be sold, offered, bartered, exchanged, delivered or given away except from premises or an establishment where other tobacco products are sold. For purposes of this section, "tobacco products" means cigarettes, cigars, smokeless tobacco, or tobacco in any of its forms.

3.

Sale of cigarette paper from vending machines. No person shall knowingly offer, sell, barter, exchange, deliver or give away cigarette paper or cause, permit, or procure cigarette paper to be sold, offered, bartered, exchanged, delivered or given away by use of a vending or coin-operated machine or device. For purposes of this section, "cigarette paper" shall not include any paper that is incorporated into a product to which a tax stamp must be affixed under the Cigarette Tax Act (35 ILCS 130/1 et seq.), or the Cigarette Use Tax Act (35 ILCS 135/1 et seq.).

4.

Use of identification cards. No person in the furtherance or facilitation of obtaining smoking accessories shall display or use a false or forged identification card or transfer, alter or deface an identification card.

5.

Warning to minors. Any person, firm, partnership, company or corporation operating a place of business where tobacco accessories are sold or offered for sale shall post in a conspicuous place upon the premises a sign upon which there shall be imprinted the following statement, "SALE OF TOBACCO ACCESSORIES TO PERSONS UNDER EIGHTEEN YEARS OF AGE OF THE MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW." The sign shall be printed on a white card in red letters at least one-half (½) inch in height.

C.

A violation of any provision of this section shall be considered an ordinance violation, punishable by a fine not to exceed seven hundred fifty dollars ($750.00) for each offense.

(Prior Code, § 10:60-6; Code 1996, § 9.16.150; Ord. No. 2704, 1996)

State law reference

Similar provisions, 720 ILCS 685/4.