HomeMy WebLinkAboutOrd 6122 02/04/2014 Amending Chapter 11 "Merchants, Businesses, Occupations and AmusementsORDINANCE NO. 6122
AN ORDINANCE AMENDING CHAPTER 11
"MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS"
OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION 1: Paragraph B of Section 11.102 "Rules and Definitions" of Chapter
11 "Merchants, Businesses, Occupations and Amusements" of the Mount Prospect
Village Code shall be amended by adding the following new definitions in alphabetical
order.
ALTERNATIVE NICOTINE PRODUCT: Any product or devise 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 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.
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SECTION 2: Article XXXVII, "Sale of Tobacco Products," Section 11.3704
"Prohibited Sales or Delivery" of Chapter 11 "Merchants, Businesses, Occupations and
Amusements" of the Mount Prospect Village Code shall be amended by deleting
Section 11.3704 in its entirety and inserting a new Section 11.3704 which shall be and
read as follows:
11.3704: PROHIBITED SALES OR DELIVERY:
Any licensee or any person in the business of selling or otherwise distributing,
promoting or advertising tobacco products shall keep tobacco products behind a
counter in an area restricted in access to the licensee or the licensee's agents or
employees. (Ord. 4189, 5 -15 -1990; Ord. 4914, 3 -3 -1998)
SECTION 3: Article XXXVII, "Sale of Tobacco Products," Section 11.3708
"Vending Machines or Self- Service Displays" of Chapter 11 "Merchants, Businesses,
Occupations and Amusements" of the Mount Prospect Village Code shall be amended
by deleting paragraph A to Section 11.3708 in its entirety and inserting a new paragraph
A to Section 11.3708 which shall be and read as follows:
11.3708: VENDING MACHINES OR SELF - SERVICE DISPLAYS:
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.
SECTION 4: Section 23.601 "Definitions" of Article IV "Age and Gang Related
Offenses" of Chapter 23 "Offenses and Miscellaneous Regulations" of the Mount
Prospect Village Code shall be amended by adding the following new definition to
Section 23.601 to be inserted in alphabetical order:
TOBACCO PRODUCTS: Tobacco products shall include any substance
containing tobacco leaf, including, but not limited to cigarettes, cigars, pipe
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tobacco, snuff, chewing tobacco, dipping tobacco, e- cigarettes or any other
delivery system capable of dispensing nicotine or alternative nicotine product.
SECTION 5: 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: Hoefert, Korn, Matuszak, Polit, Rogers, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 4 th day of February, 2014
Arlene A. Juracek
Mayor
ATTEST:
M. his Angell
Village Clerk
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