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HomeMy WebLinkAbout7.4 First reading of an amendment to Chapter 11 and Chapter 19 of the Village CodeBoardDocs® Pro Agenda Item Details Meeting Page I of 2 Subject 7.4 7.4 a. 1st reading of AN ORDINANCE AMENDING CHAPTER 11 "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS / 7.4 b. 1st reading of AN ORDINANCE AMENDING CHAPTER 19 "HEALTH REGULATIONS" OF TH-Mm VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS Type Action Fiscal Impact No Recommended Action Approve an ordinance to increase the minimum age to offer sale and purchase any tobacco products to 21 years; and approve an ordinance to expand the traditional tobacco smoking clean air regulations to include electronic cigarettes and alternative nicotine products. Public Content WIT1191011 The Village Board reviewed e -cigarettes, vaping and age minimums for tobacco products at the January 22, 2019 Committee of the Whole (COW) meeting. The staff memorandum and presentation provided background on age limits for sale and possession of tobacco products and State and local smoking regulations. The Village Board expressed interest in further reviewing possible code changes and two ordinances were drafted: (1) to increase the age to offer sale and purchase tobacco products, including electronic cigarettes, from 18 to 21 and (2) to update the Village's Clean Air Regulations to expand the traditional tobacco smoking regulations to include alternative nicotine products and electronic cigarettes. Code definitions relevant to this topic include: ALTERNATIVE NICOTINE PRODUCT: Any 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. Alternative tobacco products specifically include e -cigarettes as defined in this section. The term alternative nicotine product excludes any product approved by the United States food and drug administration as a non -tobacco product for sale as a tobacco use cessation product or for other medical purposes, and is being marketed and sold solely for that approved purpose. ELECTRONIC CIGARETTE OR E -CIGARETTE: Any electronically operated device which may or may not contain nicotine in a combination with other chemicals that are intended to be inhaled as a vapor by the user. This is intended to include, but not be limited to, e -cigarettes, e -cigars, hookah pens and any other inhaled nicotine delivery system. TOBACCO PRODUCTS: For purposes of this chapter [Chapter 11] and for section 23.603 of this code, tobacco products shall include any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, e -cigarettes or any other delivery system capable of dispensing nicotine or alternative nicotine product. There are a few news items to note since the COW meetingE On Tuesday, February 12, 2019, Rolling Meadows approved an ordinance to increase the minimum age to purchase tobacco products from age 18 to 21. On Thursday, January 24, 2019, Cook County raised the tobacco purchase age to 21 that will go into effect on June if 2019. Additionally, SB 21 and HB 345 were introduced this year and would amend the tobacco statute to prohibit the sale and distribution of tobacco throughout the state to persons under 21. Both bills intend to remove penalties for possession by persons under 21. The 2018 version of this legislation also attempted to remove penalizing possession for persons under 21. https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 2/19/2019 BoardDocs® Pro Page 2 of 2 Table 1: Tobacco Products Minimum Ages of Area Communities provides an overview of neighboring municipalities regulations. Table 1: Tobacco Products Minimum Ages of Area Communities Increased minimum age to purchase tobacco products from age 18 to 21: Arlington Heights Buffalo Grove iDes Plaines iHoffman Estates Rolling Meadows Increased minimum age to possess tobacco products from age 18 to 21: Des Plaines Hoffman Estates 1A U4 me I M =6 rum M WX9W4 ITWOMEWOW Ordinance amending Chapter 11, Article XXXVII, "Sale of Tobacco Products" and Chapter 23, Article VI, "Age and Gang Related Offenses": • Increases minimum age to offer for sale, give away or deliver tobacco products to from 18 to 21. • Adds a minimum age of 19 to perform any duties or acts relating to the sale, dispensing, service or delivery of tobacco products on the premises. This regulation would mirror the Village's Alcoholic Liquor regulation which a person must be at least 19 years of age to deliver alcoholic beverages. Updates "Suspension, Revocation of License, Fines, Costs" to mirror regulations within Chapter 13, Alcoholic Liquors. In short, if needed, the Village President may immediately suspend, pending the exercise of the right to a hearing, the privilege of service of tobacco products. Also, a clerk in violation of Article XXXVII, "Sale of Tobacco Products," may also be penalized and fined. Increases minimum age to purchase tobacco products from 18 to 21. Ordinance amending Chapter 19, Article VI, "Clean Air Regulations" updates the definition of smoking to include alternative nicotine products and electronic cigarettes or similar object in any manner or in any form. Alternatives 1. Approve an ordinance to increase the minimum age to offer sale and purchase any tobacco products to 21 years. 2. Approve an ordinance to expand the traditional tobacco smoking clean air regulations to include electronic cigarettes and vaping devices. 3. Follow precedent set by the State. 4. Action at discretion of Village Board. Staff Recommendation Staff recommends approving an ordinance to increase the minimum age to offer for sale, give away, deliver, and/or purchase tobacco products to from 18 to 21. [Alternative 1] At this point, staff does not recommend approval of an *rdinance prohibiting possession for persons under the age of 21. Also, staff recommends approving an ordinance amending Chapter 19, Article VI, "Clean Air Regulations" to include electronic cigarettes and alternative nicotine products in the definition of smoking. [Alternative 2] C h., 1. 1. ....... & C h. 2 3 ....... S a 1 e & ....... ....... P Ll �rc h a s e ....... 0 Ind V. 3 0 2 1.5.1.9. �p d f 15 9 K B) ....... C h., 1. 9 ....... Cle&n Air 1ZegL11ati&ns ....... 0 Ird. V. 3. 1 . ....... 2.1-5.19.pdf (1.36 KB) Administrative Content Executive Content https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 2/19/2019 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Village of Mount Prospect is a home rule municipality as defined by Article VII, § 6 of the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire to make certain amendments to the Village Code of Mount Prospect as set forth below; and WHEREAS, pursuant to the authority granted under the Illinois Municipal Code and in accordance with home rule authority granted to home rule municipalities, the President and Board of Trustees of the Village of Mount Prospect approve the amendments as set forth below. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 11.3707.1, "Home Deliveries; Consent Form, Person to Person Delivery," of Article XXXVII, "Sale of Tobacco Products," of Chapter 11, "Merchants, Businesses, Occupations, and Amusements," of the Mount Prospect Village Code shall be amended to read as follows: A. It shall be unlawful to deliver tobacco products to a residence in the village, unless the delivering agency has, on file at the time of delivery, an original consent form, executed by a personeighteeii (I twenty-one (21 ) years of age or older in the presence of an employee of the delivering agency. B. It shall be unlawful to make a home delivery of a tobacco product except by face to face delivery into the hands of an individual providing proof that he or she is eighteen (1 8) twenty-one (2 1) years of age or older. SECTION 2: Section 11.3704, "Prohibited Sales or Delivery," of Article XXXVII, "Sale of Tobacco Products," of Chapter 11, "Merchants, Businesses, Occupations, and Amusements," of the Mount Prospect Village Code shall be amended to read as follows: A. It shall be unlawful for any person, firm or corporation to sell, offer for sale, give away, or deliver tobacco products to any person under eighteen 8) twenty-one (21) years of age. B. Persons engaged in the business of retail tobacco dealer may engage, employ or permit a person under 19 years of age to work on the licensed premises, if the person under 19 years of age has no duties relating to o the sale, dispensing, service or delivery of tobacco products on the premises. A licensee who engages, employs or permits a person under 19 years of age to work pursuant to this subsection shall not assign or permit that person to perform any duties or acts relating to the sale, dispensing, service or delivery of tobacco products on the premises. A licensee who engages, employs or permits persons under 19 years of age to work as allowed in this subsection shall be responsible for ensuring that such person does not consume, obtain or possess tobacco products on the licensed premises. SECTION 3: Section 11.3705, "Signage Prohibiting Sales to Minors," of Article XXXVII, "Sale of Tobacco Products," of Chapter 11, "Merchants, Businesses, Occupations, and Amusements," of the Mount Prospect Village Code shall be amended to read as follows: Signs informing the public of the age restrictions provided in section 11.3704 of this article, shall be posted by every licensee within one foot (P) of every display of tobacco products, on every vending machine which offers tobacco products for sale and at each cash register or other point of purchase on the premises. Each such sign shall state: The sale of tobacco products to persons under twenty-one (21) years of age is prohibited by law. A photo identification showing proof of age shall be required of everyone under twenty seven (27) years of age desiring to purchase tobacco products. Violations shall be reported to the Village Efiv ..,,,,mens„ l 14 Gee Police Department; 8-7�� Said sign(s) shall be plainly visible and shall measure at least eight and one-half inches (81/2") in height and eleven inches (11 ") in width. Lettering on said sign shall be at least one-half inch (1/2") in height. Said signs shall also inform the public that the village environmental health coordinator is to be contacted should the law be violated. SECTION 4: Section 11.3708, "Vending Machines or Self -Service Displays," of Article XXXVII, "Sale of Tobacco Products," of Chapter 11, "Merchants, Businesses, Occupations, and Amusements," of the Mount Prospect Village Code shall be amended to read as follows: A. It shall be unlawful for any person to sell or offer for sale, give away, deliver or to keep tobacco products with the intention of selling, giving away, or delivering such products by use of a vending machine or self-service display. B. The following premises are exempt from subsection A of this section: Those premises including taverns and cocktail lounges where access by persons under twenty-one (21 ) of age is prohibited by law. 2. Premises where the public is generally not permitted, and where vending machines are strictly for the use of employees of a business located at such premises and none of those employees are under eighteeii (184 twenty-one (21 wears of age. SECTION 5: Section 11.3710, "Suspension; Revocation of License, Fines, Costs," of Article XXXVII, "Sale of Tobacco Products," of Chapter 11, "Merchants, Businesses, Occupations, and Amusements," of the Mount Prospect Village Code shall be amended to read as follows: A. The village president may fine and/or suspend and/or revoke the tobacco license of any licensee that the village president determines has violated any village regulation or other law of any kind or nature if the violation is related to the operation of the licensed premises. In addition, the village president may fine any individual that the village president determines has violated any provision of this chapter even if that individual is not a licensee. The procedure for declaring and enforcing such fine, suspension or revocation shall be as follows: 1. The village manager, the chief of police or the village attorney may file a written charge of a violation with the village president. 2. The charizes shall be served on the licensee. The charizes shall set a hearing date and time informing the licensee of the right to such hearing for the purpose of presenting evidence to dispute the charges. The matter shall be set for a hearing to take place not less than seven (7) nor more than twenty one (21) days after service of the charges on the licensee. 3. The village president may, in writing, delegate to the village manager the authority to confer with the licensee with respect to any charges. However, the penalty to be assessed and any waiver of a hearing shall be subject to the village president's final approval. 4. If the licensee fails to respond to the charges, the village president may enter a default order against the licensee. 5. If the village president sustains the charge or any portion of it either after default, hearing or conference, the village president may, by written order, suspend or revoke the tobacco license and/or may fine the licensee. The fine may be in addition to a revocation or suspension. If the village president decides to suspend the license, the term of the suspension shall be within the discretion of the village president. 6. If. after the conclusion of the heariniz_ the villaize president finds the licensee to be guilty of any charges, the licensee will be responsible for all costs incurred for the hearing, including, but not limited to, court reporter fees, witness fees and attorney fees. This shall be in addition to any other penalties assessed against the licensee. 7. All proceedings before the village president shall be recorded and placed in a certified official record of such proceedings taken and prepared by the certified court reporter. B. In addition to anv other powers set forth in this chapter. the villaize president may immediately suspend, pending the exercise of the right to a hearing, the privilege of service of tobacco products of any licensee who does not display a currently valid state or local tobacco license or who in the judgment of the village president is operating the business in such a manner as to endanger the health or safety of patrons of the premises or of the community. C. The fines imposed shall be an amount set forth in appendix A, division III of this code. for each violation. D. The licensee shall pay said any fines and costs assessed under this section 11.3710 to the village within thirty (30) days of notification of the costs by the village president. Failure to pay said costs within thirty (30) days of notification shall be cause for immediate revocation of the license. No hearing as set forth in this article shall be necessary for revocation for failure to pay hearing _ costs. SECTION 1: Section 23.603, "Possession and Purchase by Minors Prohibited," of Article VI, "Age and Gang Related Offenses," of Chapter 23, "Offenses and Miscellaneous Regulations," of the Mount Prospect Village Code shall be amended to read as follows: 23.603 POSSESSION AND PURCHASE BY N4T"r� DDO141BI -ED BY UNDERAGE PERSONS PROHIBITED A. Possession By Mitiefs Underage Persons Prohibited: It shall be unlawful for any person under eighteen (18) years of age to possess any tobacco product within the village. B. Purchase By Mitiefs Underage Persons Prohibited: It shall be unlawful for any person under eighteen (18) -twenty-one (21) years of age to purchase tobacco products, to misrepresent their identity or age, or to use false or altered identification for the purpose of purchasing tobacco products. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this day of , 2019 op. �.w111j.1"1i11m SECTION 1: Section 23.603, "Possession and Purchase by Minors Prohibited," of Article VI, "Age and Gang Related Offenses," of Chapter 23, "Offenses and Miscellaneous Regulations," of the Mount Prospect Village Code shall be amended to read as follows: 23.603 POSSESSION AND PURCHASE BY N4T"r� DDO141BI -ED BY UNDERAGE PERSONS PROHIBITED A. Possession By Mitiefs Underage Persons Prohibited: It shall be unlawful for any person under eighteen (18) years of age to possess any tobacco product within the village. B. Purchase By Mitiefs Underage Persons Prohibited: It shall be unlawful for any person under eighteen (18) -twenty-one (21) years of age to purchase tobacco products, to misrepresent their identity or age, or to use false or altered identification for the purpose of purchasing tobacco products. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this day of , 2019 Arlene A. Juracek, Village President ATTEST: Village Clerk ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19 "HEALTH REGULATIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Village of Mount Prospect is a home rule municipality as defined by Article VII, § 6 of the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire to make certain amendments to the Village Code of Mount Prospect as set forth below; and WHEREAS, pursuant to the authority granted under the Illinois Municipal Code and in accordance with home rule authority granted to home rule municipalities, the President and Board of Trustees of the Village of Mount Prospect approve the amendments as set forth below. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 19.602, "Definitions," of Article VI, "Clean Air Regulations," of Chapter 19, "Health Regulations," of the Mount Prospect Village Code shall be amended to read as follows: CLEAR OPENING: A portion of a shelter that is not covered by any material and is completely open to the air and traversable. SMOKING: The inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, pipe or other similar object in any manner or in any form, the inhaling, exhaling, burning or carrying of any electronic cigarette or e -cigarette, alternative nicotine product or tobacco product as those terms are defined in Chapter 11 of this Code or similar object in any manner or in any form. SMOKING SHELTERS: Any shelter where smoking is permitted by a business owner and is not an "enclosed area" as defined by the smoke free Illinois act. SECTION 2: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this day of , 2019 Arlene A. Juracek, Village President ATTEST: Village Clerk