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HomeMy WebLinkAboutOrd 4914 03/03/1998 ORDINANCE NO. 4914 AN ORDINANCE AMENDING ARTICLE XXXVII ENTITLED "SALE OF TOBACCO PRODUCTS" OF CHAPTER 11 AND ARTICLE VI ENTITLED "AGE AND GANG RELATED OFFENSES" OF CHAPTER 23 OF THE VILLAGE CODE OF MOUNT PROSPECT Passed and approved by the President and Board of Trustees the 3rd dayof March ,1998 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 3rd day of March ,1998. BH/caf 1/23/98 2/24/98 ORDINANCE NO. 4914 AN ORDINANCE AMENDING ARTICLE XXXVII ENTITLED "SALE OF TOBACCO PRODUCTS" OF CHAPTER 11 AND ARTICLE VI ENTITLED "AGE AND GANG RELATED OFFENSES" OF CHAPTER 23 OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the State and Federal regulations have been amended relative to the sale and possession of tobacco products; and WHEREAS, the corporate authorities of the Village of Mount Prospect concur with efforts to make the purchase or possession of tobacco products more difficult for children and young adults. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Article XXXVII entitled "Sale of Tobacco Products" of Chapter 11 (Memhants, Businesses, Occupations and Amusements) of the Village Code of Mount Prospect, as amended, is hereby further amended in its entirety;, so that hereafter said Article XXXVII of Chapter 11 shall be and read as follows: "ARTICLE XXXVll SALE OF TOBACCO PRODUCTS SECTION: 11.3701. License Required 11.3702. Application 11.3703. License Fee 11.3704. Prohibited Sales or Delivery 11.3705. Signage Prohibiting Sales to Minors 11.3706. Proof of Age Required 11.3707. Certain Distributions Prohibited 11.3708. Vending Machines 11.3709. Responsibility for Agents and Employees 11.3710. Suspension; Revocation of License, Fines, Costs 11.3711. Use of Premises After Revocation 11.3712. Penalties Sec. 11.3701. License Required. 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 therefor from the Village Clerk of the Village in the manner provided in Chapter 10 (Licenses and Permits) of this Village Code. 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 requirements set forth in Chapter 10 (Licenses and Permits) 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 eighteen (18) years of age. Sec. 1t.3705. Signage Prohibiting Sales to Minors. Signs informing the public of the age restrictions provided in the Section 11.3704 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. A photo identification showing proof of age shall be required of everyone under 27 desiring to purchase tobacco products. Violations shell be reported to the Village Environmental Health Coordinator, 870-5668" 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-half inch (~") 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. Proof of Age Required. No tobacco products may be sold to any person under 27 years of age unless that person has provided, at the point of purchase, a photo identification showing date of birth. Sec. 11.3707. 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' 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. tl.3708. Vending Machines or Self-Service Displays. A. After March 1, 1998, 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 a self-service display. B. The following premises are exempt from the Section, Section 11.3708: 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 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 18 years of age. 2 Sec. 11.3709. 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. 11.3710. 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 on the licensee. The fine imposed shall be not less than Two Hundred Dollars ($200.00) 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 in 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. Sec. 1t.3711. Use of Premises After Revocation. When any license shall have been revoked for any reason, no subsequent license shall be granted for that premises or to the licensee or any principal agent or manager of that 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. 11.37t2. 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 Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00) for each offense. A separate offense shall be deemed to have been committed on each day during or on which a violation occurs or continues." SECTION TWO: That Section 23.603 entitled "Sale of Tobacco Products to Minors" of Article VI of Chapter 23 (Offenses and Miscellaneous Regulations) of the Village Code, as amended, is hereby further amended in its entirety; so that hereafter said Section 23.603 shall be and read as follows: Seo. 23.603. Possession by Minors Prohibited; Purchase by Minors Prohibited. A. Possession by Minors Prohibited. It shall be unlawful for any person under eighteen (18) years of age to possess any tobacco product within the Village of Mount Prospect." 3 B. 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 purchasing tobacco products." SECTION THREE: That Section 23.614 entitled "Penalties" of Chapter 23 of the Village Code, as amended, is hereby further amended in its entirety; so that hereafter, said Section 23.614 of Chapter 23 shall be and read as follows: Sec. 23.614. Penalties. Except as set forth in Section B below or unless another penallty is set forth in this Article, every person found guilty of a violation of any other provisions of this Article shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense. A. A separate offense shall be deemed to have been committed on each day during or on which a violation occurs or continues. Any fines set forth in this Article shall be assessed regardless of whether the violator is convicted or placed on supervision by the court. If the court is of the opinion that the ends of justice would be better served by requiring community service of the violator or a combination of a fine and community service, the fine may be mitigated at a rate of one hour of community service for every ten dollars ($10.00) of the mandatory fine. B. In lieu of the filing of a formal complaint, which requires an appearance in the Circuit Court of Cook County, the Village may issue a citation to a violator. The citation shall be on a standard form for use in the Circuit Court of Cook County or shall be in the form of a notice suitable for mailing and shall state the specific section of this Article that was violated and shall inform the violator that he/she may settle the violation and avoid an appearance in court for the violation in the following manner: 1. The violator may settle the violation claim by payment at a designated department of the Village the sum of fifty dollars ($50.00) within ten (10) days following the issuance of the citation, or by depositing the pre-addressed citation with payment enclosed and with appropriate postage affixed, in the U. S. mail. 2. If the claim is not settled within the first period of ten (10) days, then the violator may settle the violation claim by payment at a designated department of the Village the sum of seventy five dollars ($75.00) within ten (10) days following the issuance of a Notice of Nonpayment, or by depositing the pre- addressed citation, with payment enclosed and with appropriate postage affixed, in the U. S. mail during that period. 3. In the event that no settlement payment is made within the ten (10) day period prescribed in the final notice, then the Village shall cause a "Notice to Appear" to be served upon the violator or shall file a complaint with respect to the violation and the same shall be processed in the Circuit Court of Cook County. 4 ECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: Clowes, Hoefert, Lohrstorfer, Nocchi, Wilks NAYS: None ABSENT: Corcoran PASSED and APPROVED this 3rd day of March ,1998. Gerald L. Farley / Village President / ATTEST: Carol ^. Fields 5