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HomeMy WebLinkAbout9.2 1st reading of AN ORDINANCE AMENDING CHAPTER 11 “MERCHANTS, BUSINESSES AND OCCUPATIONS”, CHAPTER 14 “ZONING”, AND APPENDIX A OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOISM+awn �'xyt�lts�=e Item Cover Page Subject 1st reading of AN ORDINANCE AMENDING CHAPTER 11 "'MERCHANTS, BUSINESSES AND OCCUPATIONS", CHAPTER 14 "'ZONING", AND APPENDIX A OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS Meeting November 6, 2024 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD Fiscal Impact (Y/N) N Dollar Amount Budget Source Category NEW BUSINESS Type Action Item Information The Village has received complaints about local tobacco and vape shops selling tobacco products to underage customers. The minimum age to purchase tobacco products in Illinois is twenty-one. "Tobacco products" includes traditional tobacco leaf products such as cigarettes, cigars, and chewing tobacco and electronic nicotine delivery systems (ENDS) such as e -cigarettes, vapes, and e -cigars. "Tobacco establishments" are businesses where the primary use is tobacco product sales or consumption, such as tobacco shops, vape shops, tobacco lounges, and vape lounges. Tobacco products and tobacco establishments are inclusive of vape products and vape establishments. The goal of the proposed code revision is to increase scrutiny of tobacco establishments in order to deter business owners from engaging in criminal activity and to further curb illegal sales of tobacco products to persons under twenty-one years of age. Discussion Current Review Process in Mount Prospect The Village of Mount Prospect allows tobacco shops by right in B-3, B-4, B-5, and B -5C zoning districts, and vape shops by right in B-3 and B-4 zoning districts. Tobacco lounges are a conditional use in B-3, B-4, B-5, and B -5C zoning districts. Vape lounges are a conditional use in B-3 and B-4 zoning districts. Tobacco establishment owners are required to obtain a business license with an additional tobacco license fee. Other retail establishments such as grocery stores, gas stations, liquor stores, and pharmacies are permitted to sell tobacco products as an ancillary use. At this time, there is no requirement for tobacco establishments to undergo any kind of background investigation by the Police Department. Summary of Proposed Changes to the Village of Mount Prospect Code Staff is proposing several updates to the code to increase regulation of tobacco establishments where the primary use is tobacco product sales and/or consumption. Tobacco establishments include tobacco shops, vape shops, tobacco lounges, and vape lounges. 14.604: LAND USE TABLES Staff proposes that tobacco shops, vape shops, tobacco lounges, and vape lounges shall require conditional use approval in the following zoning districts: Land B-1 B-2 B-3 B-4 B-5 B -5C I-1 I-2 I-3 Use Tobacco C C C C lounges Tobacco -P C -P C -12 C -12 C shops Vape C C lounges Vape P C P C shops Tobacco product sales as a primary use would no longer be permitted by right in any zoning district in the Village. Establishments that sell tobacco products as an accessory retail use (e.g. grocery stores, gas stations) would not be subject to conditional use approval unless otherwise noted in the land use tables. 11.802: APPLICATION FOR TOBACCO ESTABLISHMENT LICENSE Staff proposes a more rigorous business license process for tobacco and vape shops and lounges. "Tobacco establishment" will be a new subtype of license for tobacco product sales and/or consumption as a primary use. Applicants will be required to submit a tobacco addendum with their business license application, undergo a criminal record check, and be fingerprinted with the Mount Prospect Police Department. 11.802.1: APPLICATION FOR TOBACCO SALES LICENSE Staff proposes that other establishments selling tobacco products as an accessory retail use obtain a tobacco sales license in conjunction with a valid Class I or Class II business license. Such establishments include, but are not limited to, gas stations, liquor stores, pharmacy stores, and grocery stores. These establishments will not be required to submit a tobacco addendum, nor will they undergo additional investigation by the Mount Prospect Police Department. 11.803: ISSUANCE OF LICENSE FOR A TOBACCO ESTABLISHMENT Staff proposes that tobacco establishments will be denied a business license if the applicant has been found guilty of certain offenses, if the applicant has made fraudulent statements or omissions in their application, or if the applicant has had a similar permit or license revoked or suspended elsewhere. 11.808: VENDING MACHINES OR SELF-SERVICE DISPLAYS Staff proposes to prohibit tobacco product vending or self-service displays in any form and in any location in the Village. 11.813: SALE OR TRANSFER OR CHANGE OF LOCATION Staff proposes that upon sale, transfer, or relocation of the business, the tobacco establishment license shall be null and void. This provision would not apply to the tobacco sales license afforded to Class 1 and Class 2 businesses that sell tobacco products as an accessory use. APPENDIX A, DIVISION II FEES, RATES AND TAXES Staff proposes a new fee structure for the annual tobacco establishment license, with the first year fee at $250, and then $100 each year thereafter. The annual tobacco sales license fee will remain at $50. The tobacco vending machine fee will be stricken from the code. Standards for Text Amendments Staff finds that the proposed text amendments meet the standards contained in Section 14.203(D) of the Zoning Ordinance. The amendments will support the Zoning Ordinance purpose, which is to protect and promote the health, safety, comfort, convenience and general welfare of residents of the Village, by curbing sales of tobacco products to underage consumers. Public Comment As of this writing, staff has not received public comment pertaining to the proposal. Public Hearing The proposed text amendments were presented to the Planning and Zoning (P&Z) Commission on October 10, 2024, as case PZ -13-24. Staff provided an overview of the proposed changes to Chapters 11, 14 and Appendix A. However, the P&Z Commission can only make recommendations on amendments to Chapter 14. The P&Z Commission gave a positive recommendation (5-0) to the Village Board to adopt the text amendments to Chapter 14 as proposed in the staff report. Alternatives 1. Adopt the text amendments to Chapter 11, Chapter 14, and Appendix A of the Mount Prospect Village Code, as outlined in the attached documents for case PZ -13-24 and the attached ordinance. 2. Action at the discretion of the Village Board. Staff Recommendation Adopt the text amendments to Chapter 11, Chapter 14, and Appendix A of the Mount Prospect Village Code, as outlined in the attached documents for case PZ -13-24 and the attached ordinance. Attachments 1. PZ -13-24 Staff Report 2. PZ- 13-24_Attachment 1—Chapter 14 Article 6—Land Use Tables_10.25.24 3. PZ- 13-24_Attachment 2—Chapter 11 Article 8_Tobacco_10.25.24 4. PZ -13-24 Attachment 3_Appendix A Division 11 Fees Rates and Taxes_10.25.24 5. PZ -13-24 Administrative Content 6. PZ- 13-24_Waive Second Reading Letter 7. PZ -13-24 (50 S Emerson St) Minutes - Tobacco 8. Ord. XXXX An Ordinance Amending Chapters 11, 14 and Appendix A of the Village Code VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 STAFF REPORT FROM THE DEPARTMENT OF Community Development Jason C Shallcross, AICP, CEcD Antonia Lalagos Director of Community Development Development Planner DATE: October 3, 2024 CASE NUMBER PZ -13-24 PUBLIC HEARING DATE October 10, 2024 BRIEF SUMMARY OF REQUEST APPLICANT/PROPERTY OWNER Village of Mount Prospect PROPERTY ADDRESS/LOCATION 50 South Emerson Street The purpose of this memo is to discuss proposed code amendments to Chapter 14, Chapter 11, and Appendix A of the Village Code. The motivation for the proposed code amendments, a summary of the proposed changes, and their potential impacts are described below. STAFF RECOMMENDATIONAPPROVE APPROVE WITH DENY CONDITIONS PROPOSAL The Village has received complaints about local tobacco and vape shops selling tobacco products to underage customers. In Illinois, the minimum age to purchase tobacco products is twenty one (21). "Tobacco products" includes traditional tobacco leaf products such as cigarettes, cigars, and chewing tobacco and electronic nicotine delivery systems (ENDS) such as e -cigarettes, vapes, and e -cigars. "Tobacco establishments" are businesses where the primary use is tobacco product sales or consumption, such as tobacco shops, vape shops, tobacco lounges, and vape lounges. Tobacco products and tobacco establishments are inclusive of vape products and vape establishments. The goal of the proposed code revision is to increase scrutiny of tobacco establishments in order to deter business owners from engaging in criminal activity and to further curb illegal sales of tobacco products to persons under twenty one (21) years of age. The proposed text amendments to the zoning code are contained in the attached documents. Modifications to each of the chapters are indicated as d and additions. • Attachment 1: Chapter 14, Article 6- Land Use Tables • Attachment 2: Chapter 11, Article 8 - Sale of Tobacco and Related Products • Attachment 3: Appendix A, Division II Fees, Rates and Taxes Information Section 14.2401 provides the following definitions for various types of tobacco establishments: TOBACCO LOUNGE. An establishment where patrons consume tobacco or alternative nicotine products by using combustible tobacco products such as cigarettes, cigars, pipes, and hookah/shisha. TOBACCO SHOP: A retail establishment which offers the sale or distribution of combustible tobacco products (cigarettes, cigars, pipe tobacco, hookah/shisha), smokeless tobacco products, and dissolvable tobacco products. HAPLAN\Planning&Zoning COMM\P&Z 2024\Staff Reports\PZ-13-24 SOS Emerson Street (Text Amendments -Tobacco).docx VAPE LOUNGE. An establishment where patrons consume tobacco or alternative nicotine products by utilizing vapes, vaporizers, vape pens, hookah pens, electronic cigarettes (e -cigarettes or e-cigs), e - cigars, e -pipes and other electronic nicotine delivery systems (ENDS). VAPE SHOP: A retail establishment which offers the sale or distribution of vapes, vaporizers, vape pens, hookah pens, electronic cigarettes (e -cigarettes or e-cigs), e -cigars, e -pipes and other electronic nicotine delivery systems (ENDS). These products use an "e -liquid" that may contain nicotine derived from tobacco, as well as flavorings, propylene glycol, vegetable glycerin, and other ingredients. The liquid is heated to create an aerosol that the user inhales. Section 11.102 defines tobacco products in the following manner: 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 via vapes, vaporizers, or vape pens, by the user. This is intended to include, but not be limited to, e - cigarettes, e -cigars, e -pipes, hookah pens, vape pens, and any other electronic nicotine delivery system (ENDS). Electronic cigarette excludes any product approved by the United States food and drug administration as a nontobacco 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. TOBACCO AND RELATED PRODUCTS: For purposes of this chapter and for section 23.603 of this code, tobacco and related products shall include any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, and dissolvable tobacco products, and electronic cigarettes as defined in this article. Current Review Process in Mount Prospect The Village of Mount Prospect allows tobacco shops by right in B-3, B-4, B-5, and B -5C zoning districts, and vape shops by right in B-3 and B-4 zoning districts. Tobacco lounges are a conditional use in B-3, B-4, B-5, and B -5C zoning districts. Vape lounges are a conditional use in B-3 and B-4 zoning districts. Tobacco establishment owners are required to obtain a business license with an additional tobacco License fee. The business license application is submitted to the Community Development Department and is reviewed for compliance with applicable zoning, building, and fire codes, as well as the standards listed in Chapter 11 Article 8. Other retail establishments such as grocery stores, gas stations, liquor stores, and pharmacies are permitted to sell tobacco products as an ancillary use. These businesses are required to obtain a business license, pay the additional tobacco license fee, and are subject to applicable zoning, building, and fire codes, as well as the standards listed in Chapter 11 Article 8. At this time, there is no requirement for tobacco establishments to undergo any kind of background investigation with the Police Department. Summary of Proposed Changes to the Village of Mount Prospect Code Staff is proposing several updates to the code to increase regulation of tobacco establishments where the primary use is tobacco product sales and / or consumption. Tobacco establishments include tobacco shops, vape shops, tobacco lounges, and vape lounges. HAPLAW[anning&Zoning COMM\P&Z 2024\Staff Reports\PZ-1 3-24 50 S Emerson Street (Text Amendments - Tobacco).docx 2 14.604: LAND USE TABLES Staff proposes that tobacco shops, vape shops, tobacco lounges, and vape lounges shall require conditional use approval in the following zoning districts: Land Use B-1 B-2 B-3 B-4 B-5 B -5C 1-1 1-2 1-3 Tobacco lounges C C C C Tobacco shops F C -P Vape lounges C C Vape shops P Tobacco product sales and consumption as a primary use would no longer be permitted by right in any zoning district in the Village. Establishments that sell tobacco products as an accessory use (e.g. grocery stores, gas stations) would not be subject to conditional use approval unless otherwise noted in the land use tables. 11.802: APPLICATION FOR TOBACCO ESTABLISHMENT LICENSE Staff proposes a more rigorous business license process for tobacco and vape shops and lounges. "Tobacco establishment" will be a new subtype of license for tobacco product sales and / or consumption as a primary use. Applicants will be required to submit a tobacco addendum with their business license application, and will be required to undergo a criminal record check and fingerprinting with the Mount Prospect Police Department. 11.802.1: APPLICATION FOR TOBACCO SALES LICENSE Staff proposes that other establishments selling tobacco products as an accessory retail use shall obtain a tobacco sales license in conjunction with a valid Class I or Class II business license. Such establishments include but are not limited to gas stations, liquor stores, pharmacy stores, and grocery stores. These establishments will not be required to submit a tobacco addendum, nor will they undergo additional investigation with the Mount Prospect Police Department. 11.803: ISSUANCE OF LICENSE FOR ATOBACCO ESTABLISHMENT Staff proposes that tobacco establishments will be denied a business license if the applicant has been found guilty of certain offenses, if the applicant has made fraudulent statements or omissions in their application, or if the applicant has had a similar permit or license revoked or suspended elsewhere. 11.808: VENDING MACHINES OR SELF-SERVICE DISPLAYS Staff proposes to prohibit tobacco product vending or self-service displays in any form and in any Location in the Village. 11.813: SALE OR TRANSFER OR CHANGE OF LOCATION Staff proposes that upon sale, transfer, or relocation of the business, the tobacco establishment License shall be null and void. This provision would not apply to the tobacco sales license afforded to Class 1 and Class 2 businesses that sell tobacco products as an accessory use. HAPLAW[anning&Zoning COMM\P&Z 2024\Staff Reports\PZ-1 3-24 50 S Emerson Street (Text Amendments - Tobacco).docx APPENDIX A, DIVISION II FEES, RATES AND TAXES Staff proposes anew fee structure for the annual tobacco establishment license, with the first year fee at $250, and then $100 each year thereafter. The annual tobacco sales license fee will remain at $50. The tobacco vending machine fee will be stricken from the code. STANDARDS FOR TEXTAMENDMENTS The Planning and Zoning Commission shall review the standards and findings of fact outlined in Exhibit A and 1) accept them without changes, 2) accept them with changes, or 3) reject the findings. The Planning and Zoning Commission shall use the findings of fact to guide their recommendation to the Village Board. The proposed text amendments meet the standards contained in Section 14.203(D) of the Zoning Ordinance. Staff requests that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: 1. "To adopt the text amendments to Chapter 14, Chapter 11, and Appendix A of the Mount Prospect Village Code." The Village Board's decision is final for this case. ATTACHMENTS:C(Zoning MINISTRATIVE CONTENT equest Application, Responses to Standards, etc...) 1 concur: Jason C Shallcross, AICP, CEcD Director of Community Development PLANS (Plat of Survey, Site Plan, etc.) OTHER (Supplemental Information, Public Comments Received, etc...) HAPLAW[anning&Zoning COMM\P&Z 2024\Staff Reports\PZ-13-24 SOS Emerson Street (Text Amendments - Tobacco).docx 4 Exhibit A Standards and Findings of Fact Section 14.204(D) -Text Amendment Standards Text Amendments: When a text amendment is proposed, the planning and zoning commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not Limited to, the following matters: 1) The degree to which the proposed amendment has general applicability within the Village at large and not intended to benefit specific property. 2) The consistency of the proposed amendment with the objectives of this chapter and the intent of the applicable zoning district regulations. 3) The degree to which the proposed amendment would create nonconformity. 4) The degree to which the proposed amendment would make this chapter more permissive. 5) The consistency of the proposed amendment with the comprehensive plan. 6) The degree to which the proposed amendment is consistent with village policy as established in previous rulings on petitioners involving similar circumstances. Staff's Findings: The proposed changes are applicable to the Village at large and will not benefit a specific property. The amendments will support the Zoning Ordinance purpose, which is to protect and promote the health, safety, comfort, convenience and general welfare of residents of the Village, by curbing sales of tobacco products to underage consumers. The existing tobacco establishments that were established by right will be allowed to continue as existing nonconforming uses unless the ownership changes, the location changes, or the use is discontinued for more than six months. The amendments are intended to make the chapter more restrictive for tobacco -related uses. The proposed changes reflect current Village objectives as outlined in the Comprehensive Plan and is consistent with Village policy as established in previous rulings on tobacco uses. Staff finds that the amendments satisfy the standards as required in Section 14.204(D) of the zoning code. HAPLAW[anning&Zoning COMM\P&Z 2024\Staff Reports\PZ-13-24 SOS Emerson Street (Text Amendments - Tobacco).docx Attachment 1—Chapter 14 Article 6—Land Use Tables_Redline_10.25.24.docx Modifications to the text are indicated as and additions. 14.604: LAND USE TABLES: LAND USE TABLE 2 COMMERCIALAND INDUSTRIAL ZONING DISTRICTS Land Use B-1 B-2 B-3 B-4 B-5 B- 5C 1-1 1-2 1-3 Tobacco lounges C C C C Tobacco shops Vape lounges C C Vape shops Attachment 1—Chapter 14 Article 6—Land Use Tables_Clean_10.25.24.docx 14.604: LAND USE TABLES: LAND USE TABLE 2 COMMERCIALAND INDUSTRIAL ZONING DISTRICTS Land Use B-1 B-2 B-3 B-4 B-5 B- 5C 1-1 1-2 1-3 Tobacco lounges C C C C Tobacco shops C C C C Vape lounges C C Vapeshops C C Attachment 2—Chapter 11 Article 8_Tobacco_Redline_10.25.24.docx Modifications to the text are indicated as detetiom and additions. ARTICLE VIII SALE OF TOBACCO AND RELATED PRODUCTS SECTION: 11.801: License Required 11.802: Application fair III o1 acco_IIE°stalk iisllmir nt Ill.i ense 11.802.1. Apfiii_ ati n foir 11I o1bacco Saes 11.Jiceinse 11.803: t cerrst issuance of Ilk.ikcense -for a"'III"'olbacco Ilf; stalbliisllmirmlent 11.803.1: Restricted Access 11.804: Prohibited Sales Or Delivery 11.805: Signage Prohibiting Sales To Underage Persons 11.806: Proof Of Age Required 11.807: Certain Distributions Prohibited 11.807.1: Home Deliveries; Consent Form, Person To Person Delivery 11.808: Vending Machines Or Self -Service Displays 11.809: Responsibility For Agents And Employees 11.810: Suspension; Revocation Of License, Fines, Costs 11.811: Use Of Premises After Revocation 11.812: Penalties f 1.813: Sale or III'irain f it oiir_Change ofIll.ocali oir 11.801: 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 and related products within the Village without first having obtained a license therefor from the Village in the manner provided in this chapter. For the purposes of this chapter, tobacco products includes tobacco related products as defined in article I of this chapter, and includes traditional tobacco leaf products including but not limited to cigarettes, cigars, and chewing tobacco 1 Attachment 2—Chapter 11 Article 8_Tobacco_Redline_10.25.24.docx and also electronic nicotine delivery systems including but not limited to e -cigarettes, vapes, and e -cigars. (Ord. 6672, 4-5-2023) III obaccoLounges, s, t lbacc s1holp's, v ll e lounges, and vape sholps,s defined _iiiinti o 14m 401,hall_obtain a tolbacco,establishment license. Otheir establishments setting -tollbacco airmd_related products as aru_accessory _Iretaiit_use shall, obtain a telbacco sates License ii_in conjunction with a valid Cuss III cur Class 111111 bu_siirmess_License. Such establishments include but are not Limited to gas stations, liquor stores, -Ip 1hmairmmm_acy stores, -air d grocery stores. 11.802: APPLICATION 111::::011f1 III"'0111 ACCO 11E 11I A1113 IIl,.I S 1111IIMlE IN 11I III,.IIICIlE IN S Ill: m III veiry applicant for a_ license toimaiimtaiim, operate, or conduct a tobacco establishment shall -file ain application, u ndeir oa 1h, with theVillage of MountProspect upa im a forirlrm provided bythe 111'.)ep airtimment of Community III )eveloppimeint and pray a nonrefundable aininual license fee, fin the airmmounit_set forth iiin appeindix A, division IIIIIIof this code. Collpiies of the tolbacco, establishment business liceinseapplication shalt _lbe forwarded to the building inspector and the health inspector. 111•acllm such inspector shall, withfin thirty () days, inspect the premises proposed to Ibeepeirated as a tolbaccoestabUslhmmm"ment and up pin inspection, each inspector s111ma11 file a_ mitten report iitllm the Ill elpairtiumment of Co mmmu iniity Ill evetep irmment concerning corripliarn_ce with the ap pplicalblle regulations. The application, once accepted, sIhall also Ibe referred to the Ill"ctiice III .ropairtirmmein fcir linvestiigatioirmw_°111"he Police ll epair imeirmtill p erforim the required ciriirrmiiinaln_irecoird c1he k. Background investigations shall require the sul irnissi_oin of fingerprints. 11I "Ilene cost of the ciriiiimminal record clhmeck and cost of fingerprint submissions s1hall Ibe_Iboirinelby time applicant.III°ac11mapplication shalt contain time following fin - formation -A. A detaile l_desciiriilptioin of seirviices aimdlpiroducts tlhmat lilt Ibe cffeired, linclt.idiiimg_ammy nioin tobacco products and accessories. 1111_.III"Ihmetocati_ein, irmmaitiiumgaddiress airmd all telepplhncmne in uirnimlbeii°s Iimei°e tlllme Ibusiness_ii to Ibe coirmductedw C.111'ed'eiral employer iidentiifiicatiioiiminuinilbeir (III 111;_IIIIN) and state of Illttiinois_Ilbusiness tax in unman beir(lll 111 IF). III)w_ 11I Ihmermairmme_and residence address of each applicant (all 1N irovi_siions1hicllm_ refer -to applicant include airm_applicant Ihmiclh imay Ibe a corporation, Uhimited liialbility company or pa in in e it s If m� ii p )_m. Attachment 2 -Chapter 11 Article 8_Tobacco_Redline_10.25.24.docx Digi 11l-fapp[icain-tlisacoiirpoira-tlioinoiirL[iimlitedlialbititycoimpainy,-tlheinaimesaind residence 'dr ug f each of the officeirs aind_directors of the urp it tion our imp iny and of each stocIlk1hoideir owining more tlhr in teen percent (10%) p the stock of tlhm _ coirpoiration or compainy, and theaddress of the irpit tii n oir compainy-it ff,if, different firoirmm the ddr of the t lb o -t lbUsIhirmm n'td m If applicant [is a p urtirm it lhmipp, the nairnes and residence_addresses f each of the pmrtirm it including ti rmm i t dp rtiri r , and the address f the_pairtineirshipii t ff,_ if different -frirmn the dir p the tobacco t lbli lhnirxm n.td III III Ihr -t (2) previous addr e firnimediatety Ipirl ir to the piresent addiress_ f the applicant. nt. III::". IlPiroof that thp pmiii int [is _ t least twenty ohne (21) yea it _ of age. G. 11lindlivliduatoirlpairtineirslhilp appticaint's IS_ iight_, ii ht, cotoirof_eyes, haiir _imd sex. III i_._ Colpyo-fplho-toiideinti-f[ica-t[ioin,suclhasadiriveiir'stliceinse. III OneIpoirtir _it pplhm togr p h otthe applicant at least two finches Il y -twoifinches ("" x 2") and a completeset of apIpUcaint's ffingeirpirlints s1hatt The_'t lllc in Iby the Ihmi t of police or Ihuii Clllh it agent.IIf theappUcaint is _ p irtun ur limiilp, li_rmmit d_tm lbRi'ty cornpainy, or corporation, the Ihoii t of 1potice 1haR Ihave the iri ht to requhre fingeirlpirfints of any and a lLofficeirs, s1hairelhoWeirs, directoirs,-pa artium ur , irmme irn Ib it , imainageirs our agents_ of the entity atoingwith the_pee for eaclli.. J. Ill uii_rm ,- gulp tioirm, it r 1p Lo irmm irmtom6 tlh_aiplpli int -for tlhm _tlhmur -( ) y it iirmunrmru u ii 't lly preceding the date of appilcation. IIKmIlI"lhIbusiumes li inIfmii t iry of tlh ppalii um't, iincLLi iing. 'Im Whetheir_such person, lin previously operating tin fin this or ainotheirummunii i -p Uty, county or state, IhasIhad a bt.isihness license it volIked orsuspended, the ireasoin for the revocation or suspension,and the business activity orma w pp tiioin subsequent tem such action yap- up un ivarn our irevocation; nd mIb_ tlb r_ u c lhm-Ip ur in, ii in -p iir vii us ly ppe it -ti arm i iumtlh i Ir in otlhui° immmm arm ii ii_lp lii ty, county oir state, IhasIh ad abusiness flined or suspended for 118::111 A III obacco CornpUaince Checks. III Att iriiimmiium i oimru i ti irm tlllmeir tlim irm rumii d rnm namur_'tir ptii _vi l tii in ,iium lu_diin, tlhn dates ofconvictions, natuire of_th idirum and place o nvii t d. I _w III"Ilhm nairne andaddress of any otlhm it business armed or_operated lby any1p it irm Whose inarn !is required tem The iv n norm subsection III) of_tlhmii tloinm IN. Adescirilptioino-fainyotlheirlbusiinesstolbeopeira-tedoin-tllliesaimelpireimisesoiroin adjoinfing pireirmmii es_owined or controlled Iby_'the appLicaint. Attachment 2 -Chapter 11 Article 8_Tobacco_Redline_10.25.24.docx _m_ Aumtlbouriz tii mn of the Vitt , its agents_ and eimptoyees-to seek iiinfo rrmm ti_o n aind conduct in investigation finto the turutlb of the staterneints set forth fin th Iplpli ti n and the u.m tiifiii_ tii urm 6 the ppli nt for the License. 111 -.-- n.0 ll otlheiir id irm-tiifii-t,ioirn mind iunt irurmn tiii un rn ury tm ii eir tlhn tlru tlhm f tine mtteur _irequired to The set_6 urtlUmifin the ppp Ili tioirm_._ Q. Written statements of at teast tllhmur () lboina fide_ip irirm ain in't residents of the United t t stlhnat the pppli a nt [is of good_ixm it l_character. IIE"ach uritt irn statement shalt hinctude the irefeireince's irm irrrm , cuinireint addiress, p1hoine_irn u m irmm lb ur, and a copy of government [issued 111III)m If the -IU IIpti lrmt [is albte, the t tumm nt must fiur t The furnished firm irmn residents_ of the Village, thein the county, thein the state of 11111 irn iis, and Lastly fir m therest of the United States. III Ihese r f it irm es must t Ib persons otheir t1hain retatives v and Ibusiness assedits ® Upoin the completion of the above provided forimmand the fuinnishing of all, foiregoing iiinfo rrrm ti n, the E)e1pairtimen't o _ ormn_imu nirty 11I)evetopirneint shall accept_'th IpIpti ti n for the inecessairy investigations. III IIS holder of atobacco establishment License IIb tt in'tify the ID irtirmn irmt of ComimunityIIDevel allpimm inmt of eachc1hainge in any of the data required to Thefuuuurrni lh ed lby t1hi section withfin t irm (10)'may _ ft ur such c1hainge occurs. 11.802.1 a A11PIR111..11CA"'lIF111 IN 111::::01111 "'III"' IIIA A111_1If;° 111_1II IIIii°II IIf; A wirlittein_application for atolbacco sates ticeinse IUn tt The made fin wirlirtfingtothe IDhirectoir_ f Community 111)ev tmmpp irrm intit IUm ii _ designee andIb tt Ib processed fiim accoirdaince with irequireirmm nt setfoirth fin this c1halpt ir® III Ihe license fee for a_-tolbacco sales license s1hatt1b sset fourth iiirnappendix A, division 111.111_. 11.803: 1SSUAI IN G 0 IIf:::' Ill... 111 C11f; IN llf; 111::::0 il A"'III "' IIIA It; "'III"'A111 111,,.111 Sll1lI IIE IN "'III s r III the Village of IMount_1Flir Ip cihalt issue alicense for_a -tolbacco establishment if alt urequireirneintsfor a tobacco talbtii llmurmn uint described n t1hii airticte aire_irrm t u nt iit finds. AwIII"limm coi re t license fee or otheir -fees or Mines owed to the ntta e of Mount IPlirospect_have_in t beein'teinderedto the illi ;oir 111 1. 11FIhperatii on,_a piropos ed Iby the app_Uumt, if pe irimiitt , wou Ld not co imp ty itlhm tILapplicable Laws,i iummmtudlin , Ibut in t Uhmited to, the _ii_Rage' building, mniium , and Iho attlhn regulations; it Attachment 2 -Chapter 11 Article 8_Tobacco_Redline_10.25.24.docx C _ III Iheapplicant Ihas Ibeemm found guilty f_any cf the _foRo ling f°f ins pair f un guilty of_ain offense outside tlhcstate of Illinois that would Iha e ccrnstitu'ted ammy of the folie iingoffeinses [if _committed within the state of Illi inois_ 1. A rioLatiiein of'tlhe Illllii_inoiis Ill ire ein-tioin of III'olbacco Use Iby IPleirs uns urndeir 21 Years of Age and Sale and IDistribution of III"obacca Ill)iroducts_Acm, 720 Illinois Co mn ilad Sta'tutes675 et seq., as amended furourmm tirmm_a to time. . Ain offense fnvol iing_tlhe use of_fource_and ioleince upoin tlha_fpers rn of another tlha't aunnouints to a felony. . A vioLation of -the Illlliii_inoiiis c inter fled s_ubstarrmces act, 720 III Illinois Compiled Statutes _57071_ 0 et_seq., as anneinded firom°mm_miirrm o thine. 4. A iolatiioin of'tlhe Illlliii_inoiiis caininalbis carntirol act, 72,0 Illlliiirm_ iiis eumnlpfled Sta-totes 550/1 et_ eq., as amended firoirmmtinne_-to time. 5. A feloinyoff ein_se einuimerated imm_airtiicla 24,_dead _ly wea_lpoins,of the III Winois criirmrniinal_ ode,720 Illi iunoisCorum_IpKed Statutes 5/24 1 et_seq., as amended furoiumm tiurmneto tinme, or any otheir offeunsetlhat involves tlheuse of weapons.. III Ilene Village of Mount (Prospect iirnay [issue a liicein e t any person_'found guilty of any of -throe ciri_iirmnes described fin subsections C'1_through C5f this section only if it de'teurmmmiirn_es that suchen finding of guiltoccuurred atLeast _-teen ('10) years piri_oir to the da't'e of -throe application and tlheindividual Ihas Ihad no subsequent feLoiny findings of guilty of any unatu_re and no subsequent ir_flrnisderrneano r ffindings_ f guilty fora curfirne our curfrmmes set forth rfin this section. III'unruirtlherr, for the Ipuurlposef this section, any finding of guilty, including ain order resulting fin sufpeur iisfon_,alhaILIL a p ly. Ill)a_ Ainy_ ipplii_caint Ilm_as Ilkinc iiingly irnade ainy false, irniis_laadiirng oir furaudutlent s'tateirmm mm't of -fact orrfaRed to disclose required finforumm doiumcr a fact fin the license application or iiin any otheir document required by the Village. AnyaRlpi.ieant Ihas Iha a -tobacco establishment emir otheir sir nilair° Ipeirirrrmiit cir license denied, urevolked our susfineumded by tlhe_Village or any otheir senate, countyr local agency within fine (5)_years fpiriiour tc tlhe_ 'ate of the_application. III::".Any applicant its snot over t euntyone ( '1) years of _age orolder. . 11.803.1: RESTRICTED ACCESS: 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. 6672, 4-5- 2023) Attachment 2—Chapter 11 Article 8_Tobacco_Redline_10.25.24.docx 11.804: PROHIBITED SALES OR DELIVERY: A. It shall be unlawful for any person, firm or corporation to sell, offer for sale, giveaway, or deliver tobacco products to any person under twenty one (21) years of age. B. Persons engaged in the business of retail tobacco tes may engage, employ or permit a person under nineteen (19) years of age to work on the licensed premises, if the person under nineteen (19) years of age has no duties relating to the sale, dispensing, service or delivery of tobacco products on the premises. A licensee who engages, employs or permits a person under nineteen (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 nineteen (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. (Ord. 6672, 4-5-2023) 11.805: SIGNAGE PROHIBITING SALES TO UNDERAGE PERSONS: Signs informing the public of the age restrictions provided in section 11.804 of this article, shall be posted by every licensee within one foot (1') of every display of tobacco products, 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 Police Department. Said sign(s) shall be plainlyvisible 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 Police Department is to be contacted should the law be violated. (Ord. 6672, 4-5-2023) 11.806: PROOF OF AGE REQUIRED: No tobacco products may be sold to any person under twenty seven (27) years of age unless that person has provided, at the point of purchase, a photo identification showing date of birth. (Ord. 6672, 4-5-2023) 11.807: 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 Attachment 2—Chapter 11 Article 8_Tobacco_Redline_10.25.24.docx 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. (Ord. 6672, 4-5- 2023) 11.807.1: HOME DELIVERIES; CONSENT FORM, PERSON TO PERSON DELIVERY: 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 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 twenty one (21) years of age or older. (Ord. 6672, 4-5-2023) 11.808: VENDING MACHINES OR SELF-SERVICE DISPLAYS: 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. r mp� & &72 11.809: 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. (Ord. 4189, 5-15-1990; amd. Ord. 4914, 3-3-1998; Ord. 6672, 4-5- 2023) 11.810: SUSPENSION; REVOCATION OF LICENSE, FINES, COSTS: Attachment 2—Chapter 11 Article 8_Tobacco_Redline_10.25.24.docx A. The Village President may fine and/or suspend and/or revoke the tobacco establishment license or the tobacco _ ale _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 charges shall be served on the licensee. The charges 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 mayfine 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 hearing, the Village 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 any other powers set forth in this chapter, the Village 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. Attachment 2—Chapter 11 Article 8_Tobacco_Redline_10.25.24.docx C. The fines imposed shall bean amount set forth in appendix A, division III of this Code, for each violation. D. The licensee shall pay any said fines and costs assessed under this section to the Village within thirty (30) days of notification of the costs bythe 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 necessaryfor revocation for failure to pay hearing costs. (Ord. 6434, 2-19-2019; amd. Ord. 6672, 4-5- 2023) 11.811: 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 of the revoked license. (Ord. 6672, 4-5-2023) 11.812: 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 an amount set forth in appendix A, division III of this Code, 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. (Ord. 6672, 4-5-2023) 11.813m SA111.11f; 01IR III "'IIf AIII SIIf:'R 011I1 C11I1AINCIIf; Cllf:' III. CA 11"1110IN Upon sale, transfer it relocation of atobacco establishment, tim tuba establishment license shall Ibe null and void. Attachment 2—Chapter 11 Article 8_Tobacco_Clea n_10.25.24.docx ARTICLE VIII SALE OF TOBACCO AND RELATED PRODUCTS SECTION: 11.801: License Required 11.802: Application for Tobacco Establishment License 11.802.1: Application for Tobacco Sales License 11.803: Issuance of License for a Tobacco Establishment 11.803.1: Restricted Access 11.804: Prohibited Sales Or Delivery 11.805: Signage Prohibiting Sales To Underage Persons 11.806: Proof Of Age Required 11.807: Certain Distributions Prohibited 11.807.1: Home Deliveries; Consent Form, Person To Person Delivery 11.808: Vending Machines Or Self -Service Displays 11.809: Responsibility For Agents And Employees 11.810: Suspension; Revocation Of License, Fines, Costs 11.811: Use Of Premises After Revocation 11.812: Penalties 11.813: Sale or Transfer or Change of Location 11.801: 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 and related products within the Village without first having obtained a license therefor from the Village in the manner provided in this chapter. For the purposes of this chapter, tobacco products includes tobacco related products as defined in article I of this chapter, and includes traditional tobacco leaf products including but not limited to cigarettes, cigars, and chewing tobacco and also electronic nicotine delivery systems including but not limited to e -cigarettes, vapes, and e -cigars. (Ord. 6672, 4-5-2023) 1 Attachment 2—Chapter 11 Article 8_Tobacco_Clea n_10.25.24.docx Tobacco lounges, tobacco shops, vape lounges, and vape shops, as defined in Section 14.2401, shall obtain a tobacco establishment license. Other establishments selling tobacco and related products as an accessory retail use shall obtain a tobacco sales license in conjunction with a valid Class I or Class II business license. Such establishments include but are not limited to gas stations, liquor stores, pharmacy stores, and grocery stores. 11.802: APPLICATION FOR TOBACCO ESTABLISHMENT LICENSE: Every applicant for a license to maintain, operate, or conduct a tobacco establishment shall file an application, under oath, with the Village of Mount Prospect upon a form provided by the Department of Community Development and pay a nonrefundable annual license fee, in the amount set forth in appendix A, division II of this code. Copies of the tobacco establishment business license application shall be forwarded to the building inspector and the health inspector. Each such inspector shall, within thirty (30) days, inspect the premises proposed to be operated as a tobacco establishment and upon inspection, each inspector shall file a written report with the Department of Community Development concerning compliance with the applicable regulations. The application, once accepted, shall also be referred to the Police Department for investigation. The Police Department will perform the required criminal record check. Background investigations shall require the submission of fingerprints. The cost of the criminal record check and cost of fingerprint submissions shall be borne by the applicant. Each application shall contain the following information: A. A detailed description of services and products that will be offered, including any non - tobacco products and accessories. B. The location, mailing address and all telephone numbers where the business is to be conducted. C. Federal employer identification number (FEIN) and state of Illinois business tax number (I BT). D. The name and residence address of each applicant (all provisions which refer to applicant include an applicant which may be a corporation, limited liability company or partnership). 1. If applicant is a corporation or limited liability company, the names and residence addresses of each of the officers and directors of the corporation or company and of each stockholder owning more than ten percent (10%) of the stock of the corporation or company, and the address of the corporation or company itself, if different from the address of the tobacco establishment. Attachment 2—Chapter 11 Article 8_Tobacco_Clea n_10.25.24.docx 2. If applicant is a partnership, the names and residence addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the tobacco establishment. E. The two (2) previous addresses immediately prior to the present address of the applicant. F. Proof that the applicant is at least twenty one (21) years of age. G. Individual or partnership applicant's height, weight, color of eyes, hair and sex. H. Copy of photo identification, such as a driver's license. I. One portrait photograph of the applicant at least two inches by two inches (2" x 2") and a complete set of applicant's fingerprints shall betaken by the chief of police or his/her agent. If the applicant is a partnership, limited liability company, or corporation, the chief of police shall have the right to require fingerprints of any and all officers, shareholders, directors, partners, members, managers or agents of the entity along with the fee for each. J. Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application. K. The business license history of the applicant, including: 1. Whether such person, in previously operating in this or another municipality, county or state, has had a business license revoked or suspended, the reason for the revocation or suspension, and the business activity or occupation subsequent to such action of suspension or revocation; and 2. Whether such person, in previously operating in this or another municipality, county or state, has had a business fined or suspended for FDA Tobacco Compliance Checks. L. All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted. M. The name and address of any other business owned or operated by any person whose name is required to be given in subsection D of this section. N. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. O. Authorization of the Village, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license. P. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application. Q. Written statements of at least three (3) bona fide permanent residents of the United States that the applicant is of good moral character. Each written statement shall include Attachment 2—Chapter 11 Article 8_Tobacco_Clea n_10.25.24.docx the reference's name, current address, phone number, and a copy of a government -issued ID. If the applicant is able, the statement must first be furnished from residents of the Village, then the county, then the state of Illinois, and lastlyfrom the rest of the United States. These references must be persons other than relatives and business associates. Upon the completion of the above provided form and the furnishing of all foregoing information, the Department of Community Development shall accept the application for the necessary investigations. The holder of a tobacco establishment license shall notify the Department of Community Development of each change in any of the data required to be furnished bythis section within ten (10) days after such change occurs. 11.802.1: APPLICATION FOR TOBACCO SALES LICENSE: A written application for a tobacco sales license shall be made in writing to the Director of Community Development or his designee and shall be processed in accordance with requirements set forth in this chapter. The license fee for a tobacco sales license shall be as set forth in appendix A, division II. 11.803: ISSUANCE OF LICENSE FOR ATOBACCO ESTABLISHMENT: The Village of Mount Prospect shall issue a license for a tobacco establishment if all requirements for a tobacco establishment described in this article are met unless it finds: A. The correct license fee or other fees or fines owed to the Village of Mount Prospect have not been tendered to the Village; or B. The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the Village's building, zoning, and health regulations; or C. The applicant has been found guilty of any of the following offenses or found guilty of an offense outside the state of Illinois that would have constituted any of the following offenses if committed within the state of Illinois: 1. A violation of the Illinois Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, 720 Illinois Compiled Statutes 675 et seq., as amended from time to time. 2. An offense involving the use of force and violence upon the person of another that amounts to a felony. 3. A violation of the Illinois controlled substances act, 720 Illinois Compiled Statutes 570/100 et seq., as amended from time to time. Attachment 2—Chapter 11 Article 8_Tobacco_Clea n_10.25.24.docx 4. A violation of the Illinois cannabis control act, 720 Illinois Compiled Statutes 550/1 et seq., as amended from time to time. 5. A felony offense enumerated in article 24, deadly weapons, of the Illinois criminal code, 720 Illinois Compiled Statutes 5/24-1 et seq., as amended from time to time, or any other offense that involves the use of weapons. The Village of Mount Prospect may issue a license to any person found guilty of any of the crimes described in subsections C1 through C5 of this section only if it determines that such finding of guilt occurred at least ten (10) years prior to the date of the application and the individual has had no subsequent felony findings of guilty of any nature and no subsequent misdemeanor findings of guilty for a crime or crimes set forth in this section. Further, for the purpose of this section, any finding of guilty, including an order resulting in supervision, shall apply. D. Any applicant has knowingly made any false, misleading or fraudulent statement of fact or failed to disclose required information or a fact in the license application or in any other document required by the Village. E. Any applicant has had a tobacco establishment or other similar permit or license denied, revoked or suspended by the Village or any other state, county or local agency within five (5) years prior to the date of the application. F. Any applicant is not over twenty one (21) years of age or older. 11.803.1: RESTRICTED ACCESS: 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. 6672, 4-5- 2023) 11.804: PROHIBITED SALES OR DELIVERY: A. It shall be unlawful for any person, firm or corporation to sell, offer for sale, giveaway, or deliver tobacco products to any person under twenty one (21) years of age. B. Persons engaged in the business of retail tobacco sales may engage, employ or permit a person under nineteen (19) years of age to work on the licensed premises, if the person under nineteen (19) years of age has no duties relating to the sale, dispensing, service or delivery of tobacco products on the premises. A licensee who engages, employs or permits a person under nineteen (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 Attachment 2—Chapter 11 Article 8_Tobacco_Clea n_10.25.24.docx engages, employs or permits persons under nineteen (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. (Ord. 6672, 4-5-2023) 11.805: SIGNAGE PROHIBITING SALES TO UNDERAGE PERSONS: Signs informing the public of the age restrictions provided in section 11.804 of this article, shall be posted by every licensee within one foot (V) of every display of tobacco products, 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 Police Department. 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 Police Department is to be contacted should the law be violated. (Ord. 6672, 4-5-2023) 11.806: PROOF OF AGE REQUIRED: No tobacco products may be sold to any person under twenty seven (27) years of age unless that person has provided, at the point of purchase, a photo identification showing date of birth. (Ord. 6672, 4-5-2023) 11.807: 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. (Ord. 6672, 4-5- 2023) 11.807.1: HOME DELIVERIES; CONSENT FORM, PERSON TO PERSON DELIVERY: 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 Attachment 2—Chapter 11 Article 8_Tobacco_Clea n_10.25.24.docx by a person 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 twenty one (21) years of age or older. (Ord. 6672, 4-5-2023) 11.808: VENDING MACHINES OR SELF-SERVICE DISPLAYS: 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. 11.809: 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. (Ord. 4189, 5-15-1990; amd. Ord. 4914, 3-3-1998; Ord. 6672, 4-5- 2023) 11.810: SUSPENSION; REVOCATION OF LICENSE, FINES, COSTS: A. The Village President may fine and/or suspend and/or revoke the tobacco establishment license or the tobacco sales 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 charges shall be served on the licensee. The charges 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. Attachment 2—Chapter 11 Article 8_Tobacco_Clea n_10.25.24.docx 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 mayfine 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 hearing, the Village 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 any other powers set forth in this chapter, the Village 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 bean amount set forth in appendix A, division III of this Code, for each violation. D. The licensee shall pay any said fines and costs assessed under this section to the Village within thirty (30) days of notification of the costs bythe 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 necessaryfor revocation for failure to pay hearing costs. (Ord. 6434, 2-19-2019; amd. Ord. 6672, 4-5- 2023) 11.811: 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 of the revoked license. (Ord. 6672, 4-5-2023) Attachment 2—Chapter 11 Article 8_Tobacco_Clea n_10.25.24.docx 11.812: 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 an amount set forth in appendix A, division III of this Code, 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. (Ord. 6672, 4-5-2023) 11.813: SALE OR TRANSFER OR CHANGE OF LOCATION: Upon sale, transfer or relocation of a tobacco establishment, the tobacco establishment license shall be null and void. Attachment 3—Appendix A Division II Fees Rates and Taxes_Redline_10.25.24.docx Modifications to the text are indicated as and additions. DIVISION II FEES, RATES AND TAXES CHAPTER 11 - MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS Section 11.407: CLASS I ESTABLISHMENTS: Gross Floor Area Annual A. In Square Feet Fee 0- 999 $60.00 1,000- 2,499 75 2,500 4,999 100 5,000- 9,999 125 10,000- 19,999 150 20,000- 29,999 200 30,000- 39,999 250 40,000- 49,999 300 50,000- 74,999 350 75,000- 99,999 425 100,000 and over 600 Section 11.408: CLASS II ESTABLISHMENTS: Gross Floor Area Annual A. In Square Feet Fee 0- 999 $135.00 1,000- 2,499 150 2,500 4,999 175 5,000- 9,999 200 10,000- 19,999 225 20,000- 29,999 275 1 Attachment 3—Appendix A Division II Fees Rates and Taxes_Redline_10.25.24.docx 30,000- 39,999 350 40,000- 49,999 425 50,000- 74,999 500 75,000- 99,999 600 100,000 and over 700 Section 11.409: HIGH HAZARD SURCHARGE: A. Surcharge: 150°/% of the business' annual fee. B. Surcharge: 150% increase in the inspection limit. Section 11.410: MIDYEAR FEE REDUCTION: 50% of annual fee. Section 11.411: TRANSFER OF LICENSE: Fee: $20.00. Section 11.412: LATE PAYMENTS FOR LICENSE RENEWALS: A. Fee received in the month of January: 110% of the annual license fee. B. Fee received in the month of February: 125% of the annual license fee. C. Fee received in the month of March: 150% of the annual license fee. D. Fee received in the month of April: 175% of the annual license fee. E. Fee received after April 30 but before July 1: 200% of the annual license fee. Section 11.506: LICENSE FEE: Up to 120 days, maximum: $150.00 Up to 1 month: $75.00 Per day, for any period less than one month: $20.00 per day. Section 11.603 A: LICENSE FEES; TERM: 2 Attachment 3—Appendix A Division II Fees Rates and Taxes_Redline_10.25.24.docx Fee: $200.00 per license term. State licensed contractors are exempted from payment; only proper registration required. Section 11.702: APPLICATION FOR MASSAGE ESTABLISHMENT: Firstyear: $250.00; each yearthereafter (annually): $100.00. Section '1'1.802® A11P11I-III,,.IIICA"'III"'111OIN II1::"0111 111"0113ACCO I11:..".S 11I A 1113 1..1SII IIMIIf;;;IN"'III' III..IIICIIf; IN SIII: 111•iii_irst yea irw $250.00; ea c1h yeair t1heire fteir (a ininu a_lly): $100.00. "�.��. Sectiiioiiri'1'1m802m1mAIIf�IIf�III,,.IlICA"'11l111O114 11::::011R III"' 111 AOOOSA111. 11:.S III,,.IIICIII...INS III...w $50.00 annually. Section 11.904: APPLICATION FOR LICENSE: C. Nonrefundable application fee: $25.00. If, at the end of 120 days, a raffle license holder wants to extend the license in order to continue issuing or selling chances for a single raffle for up to, but no more than 54 weeks, it shall pay an additional nonrefundable fee of $250.00. Attachment 3—Appendix A Division II Fees Rates and Taxes_Clean_10.25.24.docx DIVISION II FEES, RATES AND TAXES CHAPTER 11 - MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS Section 11.407: CLASS I ESTABLISHMENTS: Gross Floor Area Annual A. In Square Feet Fee 0- 999 $60.00 1,000- 2,499 75 2,500 4,999 100 5,000- 9,999 125 10,000- 19,999 150 20,000- 29,999 200 30,000- 39,999 250 40,000- 49,999 300 50,000- 74,999 350 75,000- 99,999 425 100,000 and over 600 Section 11.408: CLASS II ESTABLISHMENTS: Gross Floor Area Annual A. In Square Feet Fee 0- 999 $135.00 1,000- 2,499 150 2,500 4,999 175 5,000- 9,999 200 10,000- 19,999 225 20,000- 29,999 275 30,000- 39,999 350 40,000- 49,999 425 50,000- 74,999 500 75,000- 99,999 600 100,000 and over 700 1 Attachment 3—Appendix A Division II Fees Rates and Taxes_Clean_10.25.24.docx Section 11.409: HIGH HAZARD SURCHARGE: A. Surcharge: 150% of the business' annual fee. B. Surcharge: 150% increase in the inspection limit. Section 11.410: MIDYEAR FEE REDUCTION: 50% of annual fee. Section 11.411: TRANSFER OF LICENSE: Fee: $20.00. Section 11.412: LATE PAYMENTS FOR LICENSE RENEWALS: A. Fee received in the month of January: 110% of the annual license fee. B. Fee received in the month of February: 125% of the annual license fee. C. Fee received in the month of March: 150% of the annual license fee. D. Fee received in the month of April: 175% of the annual license fee. E. Fee received after April 30 but before July 1: 200% of the annual license fee. Section 11.506: LICENSE FEE: Up to 120 days, maximum: $150.00 Up to 1 month: $75.00 Per day, for any period less than one month: $20.00 per day. Section 11.603 A: LICENSE FEES; TERM: Fee: $200.00 per license term. State licensed contractors are exempted from payment; only proper registration required. Section 11.702: APPLICATION FOR MASSAGE ESTABLISHMENT: Firstyear: $250.00; each yearthereafter (annually): $100.00. 2 Attachment 3—Appendix A Division II Fees Rates and Taxes_Clean_10.25.24.docx Section 11.802: APPLICATION FOR TOBACCO ESTABLISHMENT LICENSE: First year: $250.00; each year thereafter (annually): $100.00. Section 11.802.1: APPLICATION FOR TOBACCO SALES LICENSE: $50.00 annually. Section 11.904: APPLICATION FOR LICENSE: C. Nonrefundable application fee: $25.00. If, at the end of 120 days, a raffle license holder wants to extend the license in order to continue issuing or selling chances for a single raffle for up to, but no more than 54 weeks, it shall pay an additional nonrefundable fee of $250.00. rti(MiltPnrsp�� Village of Mount Prospect XL Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-5328 Zoning Request Application Official Use Only (To be completed by Village Staff) Case Number: P&Z -13-24 - Date of Submission: 09/18/24 Hearing Date: 10/01/24 Project Name/Address: Text Amendments: Tobacco Establishments I. Subject Property Address(es): 50 S Emerson St, Mount Prospect IL Zoning District (s): n/a Property Area (Sq.Ft. and/or Acreage): n/a Parcel Index Number(s) (PIN(s): n/a II. Zoning Request(s) (Check all that apply) ❑ Conditional Use: For ❑ Variation(s): To ❑ Zoning Map Amendment: Rezone From To ❑■ Zoning Text Amendment: Section(s) 14.604; Chapter 11, Article 8; Appendix ADivision ll ❑ Other: III. Summary of Proposal (use separate sheet if necessary) Amending text pertaininq to tobacco establishments in Chapter 14, Chapter 11, and Appendix A IV. Applicant (all correspondence will be sent to the applicant) Name: Jason C Shallcross Corporation: Village of Mount Prospect Address: 50 S Emerson St City, State, ZIP Code: Mount Prospect IL 60056 Phone: 847-818-5328 Email: comdev@mountprospect.org Interest in Property: Director of Community Development (e.g. owner, buyer, developer, lessee, architect, etc...) 1 V. Property Owner ❑ Check if Same as Applicant Name: N/A Corporation: Address: City, State, ZIP Code: Phone: Email: In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. ,m..aaM r. Applicant: �� Date: 9/18/24 (Signature) Jason C Shallcross (Print or Type Name) If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting material. Property Owner: N/A (Signature) (Print or Type Name) Date: MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -13-24 Hearing Date: October 10, 2024 PROPERTY ADDRESS: 50 South Emerson Street PETITIONER: Village of Mount Prospect PUBLICATION DATE: September 25, 2024 REQUEST: Text Amendments Chapter 14 of the Village Code (Tobacco Establishments) MEMBERS PRESENT: William Beattie Ewa Weir Walter Szymczak Greg Miller Richard Rogers MEMBERS ABSENT: Joseph Donnelly Donald Olsen STAFF MEMBERS PRESENT: Charles Hogan — Development Planner Antonia Lalagos — Development Planner INTERESTED PARTIES: Village of Mount Prospect Chairman Beattie called the meeting to order at 7:06 PM. Commissioner Miller made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on September 12, 2024. The minutes were approved 3-0 (Commissioners Miller and Rogers abstained). After hearing one item of new business, Chairman Beattie introduced case number PZ -13-24 for text amendments to the Village code. Ms. Lalagos stated that Village staff is proposing text amendments for sections of the Village Code pertaining to tobacco and vape uses. She explained that the goal of the proposed code revision is to increase scrutiny of tobacco establishments in order to deter business owners from engaging in criminal activity and to further curb illegal sales of tobacco products to persons under twenty one (21) years of age. Ms. Lalagos noted that the staff report includes information about proposed changes in Chapter 14, Chapter 11, and Appendix A, but the Planning and Zoning Commission discussion will focus on Chapter 14, which is the zoning code. Ms. Lalagos reviewed the current and proposed zoning land use table for tobacco uses. She noted that tobacco product sales and consumption as a primary use would no longer be permitted by right in any zoning district in the Village. Ms. Lalagos stated that tobacco shops would be a conditional use in B-3, B- 4, B-5, and B -5C zoning districts, and vape shops would be a conditional use in B-3 and B-4 zoning Planning & Zoning Commission Meeting — October 10, 2024 PZ -13-24 districts. She explained that establishments that sell tobacco products as an accessory use, such as grocery stores and gas stations, would not be subject to conditional use approval unless otherwise noted in the land use tables. Ms. Lalagos reiterated that the Planning and Zoning Commission is not providing recommendations on the changes to Chapters 11 and Appendix A. She noted that Chapter 11 and Appendix A will be presented to the Village Board along with Chapter 14 changes on November 6th Ms. Lalagos asserted that the proposed text amendments meet the standards contained in Section 14.203(D) of the Zoning Ordinance and requested that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: "To adopt the text amendments to Chapter 14 of the Mount Prospect Village Code." Ms. Lalagos stated that the Village Board's decision is final for this case. Chairman Beattie confirmed that the P&Z Commission was only making a recommendation with respect to Chapter 14. He asked if tobacco uses were currently allowed in any other district besides B3, B4, B5, and B5C. Ms. Lalagos responded that tobacco uses are not permitted in B1, B2, or any industrial zoning district. Chairman Beattie asked if existing tobacco and vape shops would need to apply for conditional use approval. Ms. Lalagos stated that existing tobacco and vape shops would be permitted to continue as an existing nonconforming use. She explained that if the business changes location or is sold to another owner then it would need to obtain conditional use approval. Chairman Beattie asked how many tobacco shops exist now as permitted uses. Ms. Lalagos stated there are ten tobacco shops and two tobacco lounges. She added that most of the tobacco shops also sell vape products. Chairman Beattie asked if the existing tobacco shops wanted to operate for the next 50 years they could continue operating as they exist today. Ms. Lalagos replied yes. She reported that if the existing tobacco shops violated any provisions of Chapter 11 as it is written today, they could have their license revoked. Ms. Lalagos explained that the proposed text amendments are an additional step to ensure that shop owners are practicing their business legally. Chairman Beattie asked if new tobacco establishments would have to come before the Planning and Zoning Commission and the Village Board. Planning & Zoning Commission Meeting — October 10, 2024 PZ -13-24 Ms. Lalagos confirmed that a new establishment would have to come before the board to determine if it was an appropriate land use in that location, and in addition it would have to qualify for the business license with a background check and reference letters. Chairman Beattie observed that these changes raise the bar for these types of businesses to open in the future. Ms. Lalagos confirmed that the changes make it more restrictive. Hearing no further comments or questions, Chairman Beattie closed the hearing and asked for a motion. Commission Miller made a motion seconded by Commissioner Szymczak to approve the following motion: "To adopt the text amendments to Chapter 14 of the Mount Prospect Village Code." UPON ROLL CALL AYES: Szymczak, Weir, Beattie, Miller, Rogers NAYS: None The Planning and Zoning Commission gave a positive recommendation (5-0) to the Village Board. Chairman Beattie asked if there were any citizens to be heard. Hearing no further discussion, Commissioner Miller made a motion seconded by Commissioner Szymczak and the meeting was adjourned at 7:36 PM. Antonia Lalagos, Development Planner Planning & Zoning Commission Meeting — October 10, 2024 PZ -13-24 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 "MERCHANTS, BUSINESSES AND OCCUPATIONS", CHAPTER 14 "ZONING", AND APPENDIX A OF THE VILLAGE CODE OF THE VILLAGE 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 11.801 "License Required" shall be amended to read as: 11.801: 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 and related products within the Village without first having obtained a license therefor from the Village in the manner provided in this chapter. For the purposes of this chapter, tobacco products includes tobacco related products as defined in article I of this chapter, and includes traditional tobacco leaf products including but not limited to cigarettes, cigars, and chewing tobacco and also electronic nicotine delivery systems including but not limited to e -cigarettes, vapes, and e -cigars. Tobacco lounges, tobacco shops, vape lounges, and vape shops, as defined in Section 14.2401, shall obtain a tobacco establishment license. Other establishments selling tobacco and related products as an accessory retail use shall obtain a tobacco sales license in conjunction with a valid Class I or Class II business license. Such establishments include but are not limited to gas stations, liquor stores, pharmacy stores, and grocery stores. SECTION 2: Section 11.802 "Application" shall be labeled as Section 11.802: "Application for Tobacco Establishment License" and shall read as: 11.802: APPLICATION FOR TOBACCO ESTABLISHMENT LICENSE: Every applicant for a license to maintain, operate, or conduct a tobacco establishment shall file an application, under oath, with the Village of Mount Prospect upon a form provided by the Department of Community Development and pay a nonrefundable annual license fee, in the amount set forth in appendix A, division ll of this code. Copies of the tobacco establishment business license application shall be forwarded to the building inspector and the health inspector. Each such inspector shall, within thirty (30) days, inspect the premises proposed to be operated as a tobacco establishment and upon inspection, each inspector shall file a written report with the Department of Community Development concerning compliance with the applicable regulations. The application, once accepted, shall also be referred to the Police Department for investigation. The Police Department will perform the required criminal record check. Background investigations shall require the submission of fingerprints. The cost of the criminal record check and cost of fingerprint submissions shall be borne by the applicant. Each application shall contain the following information: A. A detailed description of services and products that will be offered, including any non -tobacco products and accessories. B. The location, mailing address and all telephone numbers where the business is to be conducted. C. Federal employer identification number (FEIN) and state of Illinois business tax number (IBT). D. The name and residence address of each applicant (all provisions which refer to applicant include an applicantwhich may be a corporation, limited liability company or partnership). 1. If applicant is a corporation or limited liability company, the names and residence addresses of each of the officers and directors of the corporation or company and of each stockholder owning more than ten percent (10%) of the stock of the corporation or company, and the address of the corporation or company itself, if different from the address of the tobacco establishment. 2. If applicant is a partnership, the names and residence addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the tobacco establishment. E. The two (2) previous addresses immediately prior to the present address of the applicant. 2 F. Proof that the applicant is at least twenty one (21) years of age. G. Individual or partnership applicant's height, weight, color of eyes, hair and sex. H. Copy of photo identification, such as a driver's license. I. One portrait photograph of the applicant at least two inches by two inches (2" x 2") and a complete set of applicant's fingerprints shall be taken by the chief of police or his/her agent. If the applicant is a partnership, limited liability company, or corporation, the chief of police shall have the right to require fingerprints of any and all officers, shareholders, directors, partners, members, managers or agents of the entity along with the fee for each. J. Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application. K. The business license history of the applicant, including - 1 . ncluding:1. Whether such person, in previously operating in this or another municipality, county or state, has had a business license revoked or suspended, the reason for the revocation or suspension, and the business activity or occupation subsequent to such action of suspension or revocation; and 2. Whether such person, in previously operating in this or another municipality, county or state, has had a business fined or suspended for FDA Tobacco Compliance Checks. L. All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted. M. The name and address of any other business owned or operated by any person whose name is required to be given in subsection D of this section. N. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. O. Authorization of the Village, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license. P. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application. Q. Written statements of at least three (3) bona fide permanent residents of the United States that the applicant is of good moral character. Each written statement shall include the reference's name, current address, phone number, and a copy of a government -issued ID. If the applicant is able, the statement must first be furnished from residents of the village, then the county, then the state of Illinois, and lastly from the rest of the United States. These references must be persons other than relatives and business associates. Upon the completion of the above provided form and the furnishing of all foregoing information, the Department of Community Development shall accept the application for the necessary investigations. The holder of a tobacco establishment license shall notify the Department of Community Development of each change in any of the data required to be furnished by this section within ten (10) days after such change occurs. 3 SECTION 3: Chapter 11, Article VIII "Sale of Tobacco and Related Products" shall be amended by adding a new section labeled Section 11.802.1: "Application for Tobacco Sales License" and shall read as follows: 11.802.1: APPLICATION FOR TOBACCO SALES LICENSE: A written application for a tobacco sales license shall be made in writing to the Director of Community Development or his designee and shall be processed in accordance with requirements set forth in this chapter. The license fee for a tobacco sales license shall be as set forth in appendix A, division II. SECTION 4: Section 11.803 "License Fee" shall be labeled as Section 11.803: "Issuance of License for a Tobacco Establishment" and shall read as: 11.803: ISSUANCE OF LICENSE FOR A TOBACCO ESTABLISHMENT: The village of Mount Prospect shall issue a license for a tobacco establishment if all requirements for a tobacco establishment described in this article are met unless it finds: A. The correct license fee or other fees or fines owed to the village of Mount Prospect have not been tendered to the village; or B. The operation, as proposed by the applicant, if permitted, would not comply with all applicable Laws, including, but not limited to, the village's building, zoning, and health regulations; or C. The applicant has been found guilty of any of the following offenses or found guilty of an offense outside the state of Illinois that would have constituted any of the following offenses if committed within the state of Illinois - 1 . llinois:1. A violation of the Illinois Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, 720 Illinois Compiled Statutes 675 et seq., as amended from time to time. 2. An offense involving the use of force and violence upon the person of another that amounts to a felony. 3. A violation of the Illinois controlled substances act, 720 Illinois Compiled Statutes 570/100 et seq., as amended from time to time. 4. A violation of the Illinois cannabis control act, 720 Illinois Compiled Statutes 550/1 et seq., as amended from time to time. 5. A felony offense enumerated in article 24, deadly weapons, of the Illinois criminal code, 720 Illinois Compiled Statutes 5/24-1 et seq., as amended from time to time, or any other offense that involves the use of weapons. The village of Mount Prospect may issue a license to any person found guilty of any of the crimes described in subsections C1 through C5 of this section only if it determines that such finding of guilt occurred at least ten (10) years prior to the date of the application and the individual has had no subsequent felony findings of guilty of any nature and no subsequent misdemeanor findings of guilty for a crime or crimes set forth in this section. Further, for the purpose of this section, any finding of guilty, including an order resulting in supervision, shall apply. D. Any applicant has knowingly made any false, misleading or fraudulent statement of fact or failed to disclose required information or a fact in the license application or in any other document required by the village. E. Any applicant has had a tobacco establishment or other similar permit or license denied, revoked or suspended by the village or any other state, county or local agency within five (5) years prior to the date of the application. F. Any applicant is not over twenty one (21) years of age or older. SECTION 5: Subsection B of Section 11.804 "Prohibited Sales or Delivery" shall be amended to read as: 11.804: PROHIBITED SALES OR DELIVERY: B. Persons engaged in the business of retail tobacco sales may engage, employ or permit a person under nineteen (19) years of age to work on the licensed premises, if the person under nineteen (19) years of age has no duties relating to the sale, dispensing, service or delivery of tobacco products on the premises. A licensee who engages, employs or permits a person under nineteen (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 nineteen (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 6: Section 11.805 "Signage Prohibiting Sales to Underage Persons" shall be amended to read as: 11.805: SIGNAGE PROHIBITING SALES TO UNDERAGE PERSONS: Signs informing the public of the age restrictions provided in section 11.804 of this article, shall be posted by every licensee within one foot (1') of every display of tobacco products, 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 Police Department. 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 Police Department is to be contacted should the law be violated. SECTION 7: Section 11.808 "Vending Machines or Self -Service Displays" shall be amended to read as: 11.808: VENDING MACHINES OR SELF-SERVICE DISPLAYS: 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 8: Subsection A of Section 11.810 "Suspension; Revocation of License, Fines, Costs" shall be amended to read as: 11.810: SUSPENSION; REVOCATION OF LICENSE, FINES, COSTS: A. The Village President may fine and/or suspend and/or revoke the tobacco establishment license or the tobacco sales 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: SECTION 9: Chapter 11, Article VIII "Sale of Tobacco and Related Products" shall be amended by adding a new section labeled Section 11.813: "Sale or Transfer or Change of Location" and shall read as follows: 11.813: SALE OR TRANSFER OR CHANGE OF LOCATION: Upon sale, transfer or relocation of a tobacco establishment, the tobacco establishment license shall be null and void. SECTION 10: Land Use Table 2: "Commercial and Industrial Zoning Districts" of Section 14.604 "Land Use Tables" shall be amended to change "Tobacco shops" and "Vape shops" to conditional uses: Land Use B-1 B-2 B-3 B-4 B-5 B -5C 1-1 1-2 1-3 Tobacco C C C C lounges Tobacco C C C C shops Vape C C lounges Vape C C shops SECTION 11: Section 11.202 "License Fees" of Division II "Fees, Rates and Taxes" of Appendix A shall be stricken in its entirety. SECTION 12: Division II "Fees, Rates and Taxes" of Appendix A shall be amended to add Section 11.802: "Application for Tobacco Establishment License" and shall read as follows: Section 11.802: APPLICATION FOR TOBACCO ESTABLISHMENT LICENSE: First year: $250.00; each year thereafter (annually): $100.00. SECTION 13: Section 11.803: "License Fee" of Division II "Fees, Rates and Taxes" of Appendix A shall be renumbered and labeled to read "Section 11.802.1: lication for Tobacco Sales License". SECTION 14: Section 11.808: "Vending Machines or Self -Serving Displays" of Division 11 "Fees, Rates and Taxes" of Appendix A shall be stricken in its entirety. SECTION 15: This Ordinance shall be in full force and effect from and after its passage, approval, adoption and publication in the manner provided by law. AYES- YES: NAYS- NAYS: ABSENT- ABSENT: PASSED PASSED AND APPROVED this 6th day of November, 2024, by the Village Mayor of the Village of Mount Prospect, and attested by the Village Clerk, on the same day. ATTEST: Karen Agoranos Village Clerk Paul Wm. Hoefert Village Mayor