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Home My WebLink AboutOrd 6434 02/19/2019 Amending Chapter 11 "Merchants, Businesses, Occupations and Amusements", Chapter 23 "OFfenses and Misc. RegulationsORDINANCE NO. 6434 AN ORDINANCE AMENDING CHAPTER 11 "MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS", CHAPTER 23 "OFFENSES AND MISCELLANEOUS REGULATIONS" OF THE VILLAGE CODE OFO T " +i` LM " S 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: SEC:LJON I: 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 person e-iht&) Lwe1gy-grje, JZD 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 t twetjty-.gne_ years of age or older. 5,L, C"110 . 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 ei4te4) twenty-one ` years of age. B. Persons eneaeed in the business of retail tobacco dealer may engagae, eM l oy oir. aermit a person under N yeatw otl' age to work on the licensed aremises if the person under 1 y g taf' a le has no duties relatimn t� o the sale, dispensiniz, service or delivery of tobacco products on the nremises. A licensee who cngpggs,_cm Flo s or permits a aerson under 19 years of ag to work pursuant to this subsection shall not assign or permit that person to erl'lrnr any duties or acts relatin to the sale des ensir�s+ ryic e or delivery of tobacco products on the nremises. A licensee who µenizaaesr, employs or_nermits persons under 19 vears of age to work as allowed in this subsection shall be responsible for ensurir that such person doesnot consume. obtain or possess tobacco nrgducts on the licensed nremises. "U TION -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 +ein ) 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 (2.7ars of age desiring to purchase tobacco products. Violations shall be reported to the ge4�iwife+i nental II t Goo+dinator-Pr lice Department 704 Said sign(s) shall be plainly visible and shall measure at least eight and one-half inches (81/2") in height and eleven inches (I V) 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 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 hteei+-( 1- yam; twenty-one 11 ) 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 - twenty-one 21)_ .ears of age. EC N 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 ofan licensee that the village . resident deternnines has violated an. villae re ulation or other law of any kind' or nature if the violation is related to the oeration ol" tl e licensed reniisiq�i. In addition the villggu r sident. may fine anv individual that the villaa,e president Aetermines has violated x? rov°ision of this chapter even if that individual is not a licensee. The procedure for declaring and enforcing suer nc suspension or revocation shall be as follows: 1. The village manager.. the chief of police or the village attornev may ....._WWW _ . flIn i p fila a w";tten el'. r e of a violat,nn .x�,th the yn��acTa racidant W a rr a 2. The charges shall be served on the licensee. The charges shall set a hearing date and time informing the licensee of the right to such haaJng__for the 0UrVose of presenting evidence to dis ute the charges. The matter shall be set for a hearing to take place not less than seven (7) nor more than twerp y one (11) days after service of the charges on the licensee. 3. The village president mav, in writing. delegate to the village nianager the authority to confer with the licensee with res get tpA Ipy charges, HoweveLLhe epalty to be assessed and any waiver oa bAnAing AnIl lip —bject to the village presi-Ignt's final arw%rniral x -7w .. !!!!!!&� �--- %,L%l "PP&W! �!&!! 4. If the licensee fails to respond to the charges.. the village president ma v enter a default orde.r against the licensee, 5. If the village president sustains the ckajgS� or any portion of it either after default. hearing ...pr._!g_Qnl rerL the village president may. by written order, sus end or revoke the tobacco license and/or the licensee. I'he fine, may be in addition to a revocation or s.Lt�s, ension. If the village president decides to suspend the license, the term, of the suspension shall be within the discretion of the village 1jesictent, 6. If, after the conclusion of the hearing. the village president finds the mm licensee to be guilty of apy. 4 Mlsthe licensee will be rg�,por szble fog all costs incurred for the hearing, inchicling, but jjot limited to, court reporter fees witness fees, and attornev fees. This shall be in addition to anv other assessed against the licensee. 7. All proceedings before the village president shall be recorded and placed in a certified official record of such rocecclings taken and PT.0- aT gd �b _the certified court reporter, B. In addition to any other powers set forth in this chapter. the village president may immediately suspend. pending, the exercise of the -A&Lit jq_q hearing, fte-Privilege of service oftobaccoproducts of an licensee who does not display a curreritIv valid state or local tobacco license or who in the j.gdggent _pf the village resident is o peratin , �the business in such a manner as jq._�g_q&,p&Lr the health or safety of pqt!Lpns- o I' the prenuses or o�f the cornmuniLy-. C. The fines imposed shall be an amount set forth in appendix A. division III of this code, for each violation. D'I"he licensee shpjl_pay said any fines and costs assessed under this swetion 11. 710 to the village. within thirty (30) days of notification or the costs by the village president. Failure to Dav said costs withinthirty (30) days o 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 . a hearing costs. �l g p� �r I rd" a � ll g h l I�Ilati I=h,""A-nj hall- wa $iy llag al�h a n#� -inealu i , o".kid c t rt `e -,4 ss ol A w s+q r ks p� y+y 9y yrv�C^yy y, yy i�V�4'wmy Fr:W+'yy4y�.rsT4lC�"F��y--t��+✓gIC'fw �1 osts : r addito an 1 te ed-.ag isH.he-4c-4--risee e�r�see-ahal- ,,a-+x,-.-�- neti4keatitrf- o ' . pre n47;I ilure lopa ai eosts Lithia dieblLife pay l r gas s. L " ON 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 9'MII P -1 RO418, 4 BY UNDERAGE PERSONS PROHIBITED A. Possession By Minors 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 lis Underage...Persons Prohibited: It shall be unlawful for any person under eighteen -(4-82) t�ne (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: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel NAYS: None ABSENT: None PASSED AND APPROVED this 19" day of February, 2019 Ar et a° A. Juracek, " � a e President ATTEST: T.ar m