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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.
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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]
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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