Loading...
HomeMy WebLinkAboutOrd 4189 05/15/1990 ORDINANCE NO. 4189 AN ORDINANCE AMENDING CHAPTER 11 OF THE VILL~GE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 15th day of May , 1990 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 16th day of May , 1990. EH/CAF 4/5/90 4/11/90 4/26/90 5/9/90 ORDINANCE NO. 4189 AN ORDINANCE AMENDING CHAPTER 11 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section ll.102.B entitled "Rules and Definitions" of Article I of Chapter 11 (Merchants, Businesses, Occupations and Amusements) of the Village Code of Mount Prospect, as amended, is hereby further amended by adding thereto in proper alphabetical sequence the following; so that hereinafter said Section!l.102.B shall include the following: " TOBACCO PRODUCTS: Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco. VENDING MACHINE: Any mechanical, electric, or electronic, self-serving device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco products. " SECTION TWO: That Chapter 11 entitled "Merchants, Businesses, Occupations and Amusements" of the Village Code of Mount Prospect, as amended, is hereby further amended by creating an entirely new Article XXXVII entitled "Sale of Tobacco Products"; so that hereinafter Article XXXVII of Chapter 11 shall be and read as follows: ,, ARTICLE XXXVII SALE OF TOBACCO Sec. 11.3701. License Required Sec. 11.3702. Application Sec. 11.3703. License Fee Sec. 11.3704. Prohibited Sales or Delivery Sec. 11.3705. Signage Prohibiting Sales to Minors Sec. 11.3706. Purchase By Minors Prohibited Sec. 11.3707. Possession By Minors Prohibited Sec. 11.3708 Certain Distributions Prohibited Sec. 11.3709. Vending Machine Sec. 11.3710. Responsibility for Agents and Employees Sec. 11.3711. Suspension; Revocation of License, Fines, Costs Sec. 11.3712. Use of Premises After Revocation Sec. 11.3713. Penalties Seo. Xl.370~. License Reg~ired. It shall be unlawful for any person, firm or corporation to sell, give away, deliver, possess with intent to sell at wholesale or retail, possess with intent to give away or deliver for promotional purposes, either retail or wholesale, any tobacco products within the Village without first having obtained a license therefore from the Village Clerk of the Village in the manner provided in Chapter 10 of this Village Code. Chapter 11 Page 2 of 4 Sec. 11.3702. Application. A written application for a license hereunder shall be made in writing to the Village Clerk and shall be processed in accordance with the requirements set forth in Chapter 10 of this Village Code. Sec. 11.3703. License Fee. The license fee for a tobacco dealer's license shall be as set forth in Section 11.3410 of this Chapter. Sec.11.3704. Prohibited Sales or Delivery. 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 the age of eighteen (18) years of age. Sec. 11.3705. Signage Prohibiting Sales to Minors. Signs informing the public of the age restrictions provided in this Article XXXVII shall be posted by every licensee within one foot (1') 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 EIGHTEEN (18) YEARS OF AGE IS PROHIBITED BY LAW VIOLATIONS SHOULD BE REPORTED TO THE VILLAGE ENVIRONMENTAL HEALTH COORDINATOR, 870-5675' Said sign(s) shall be plainly visible and shall measure at least eight and one-half inches (8-1/2") in height and eleven inches (11") in width. Lettering on said sign shall be at least one inch (1") in height. Said signs shall also inform the public that the Village Environmental Health Coordinator is to be contacted should the law be violated. Sec. 11.3706. Purchase By Minors Prohibited. It shall be unlawful for any person under eighteen (18) years of age to purchase tobacco products, to misrepresent their identity or age, or to use false or altered identification for the purpose of purchase tobacco products. Sec. 11.3707. Possession By Minors Prohibited. It shall be unlawful for any resident of the Village of Mount Prospect under eighteen (18) years of age to possess any tobacco products within the Village of Mount Prospect. Sec. 11.3708. Certain Distributions Prohibited. It shall be unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any such licensee or person in the course of such licensee's business, to deliver tobacco products to any person on any right-of-way, playground, park, or other property owned by the Village, any school district, any park district, or any public library. Sec. 11.3709. Vending Machines. A. It shall be unlawful for any licensee 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, unless the vending machine is fully within the sight of an employee at all times. The vending machine must be equipped with a manual, electric, or electronic locking device controlled by the licensee for the purpose of preventing its operation by persons under eighteen (18) years of age when the licensee or an employee observes such attempted Chapter 11 Page 3 of 4 operation. It is the obligation of the licensee to assure that the vending machine is within sight of any employee at all times. If a person under the age of eighteen (18) years of age purchases a tobacco product from a vending machine on the licensed premises, the licensee shall be deemed guilty of prohibited sale or delivery under Section 11.3707 of this Article. B. The following premises are exempt from Section 11.3711.A: 1. Those premises including taverns and cocktail lounges where access by persons under eighteen (18) years 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. Sec. 11.3710. Responsibility for Agents and Employees. Every act or omission of whatsoever nature constituting a violation of any of the provisions of this Article by any officer, director, manager, or other agent or employee of any licensee, shall be deemed and held to be the act of such licensee; and such licensee shall be punished in the same manner as if such act or omission had been done or omitted by the licensee personally. Sec. 1~.37~L. Suspension; Revocation of License, Fines, COSTS. A. The Village President shall be charged with the administration of this Article. The Village President may suspend or revoke any license according to the procedures set forth in Article IV of Chapter 10 of this Village Code providing for license suspensions and revocations by the Village President. In lieu of suspension or revocation of a license, the Village President may levy a fine of the licensee. The fine imposed shall be not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each violation. Each day on which a violation continues shall constitute a separate violation. A licensee may appeal a fine on the same manner as a revocation or suspension in the same conditions set forth in Article IV of Chapter 10 of this Village Code. B. Any licensee who requests a hearing on a violation of this Article, and for which the Village President upholds the finding of a violation, shall pay to the Village the costs of the hearing on such violation. The Village President shall determine the costs incurred by the Village for said hearing, including, but not limited to: court reporter's fees, the cost of transcripts or records, attorney's fees, the cost of preparing and mailing notices and orders, and all other miscellaneous expenses incurred by the Village. These costs shall be in addition to any fine assessed against the licensee. C. The licensee shall pay said costs 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. hapter 11 Page 4 of 4 Sec. 11.$712. Use of Premises After Revocation. When any license shall have been revoked for any cause, no subsequent license shall be granted to said licensee for a period of six (6) months thereafter for the conduct of the business of selling tobacco products as defined in this Chapter in the premises in the revoked license. Sec. 11.3713. Penalties. Nothing herein shall prevent the Village from proceeding against a licensee in the Circuit Court in lieu of administrative proceedings. Any person found guilty of violating any provisions of this Article shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense." SECTION TWO: That all Ordinances and Resolutions or parts thereof which are in conflict with the provision of this Ordinance are, to the extent of such conflict, expressly repealed. SECTION THREE: That 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: Arthur, Busse~ Corcoran~ Floros~ Van Geem NAYS: Wattenberg ABSENT: None PASSED and APPROVED this 15th day of May , 1990. Gerald L. Farley Village President ATTEST: Carol A. Fields Village Clerk