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CITY OF WEST CHICAGO
PUBLIC AFFAIRS COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE: Ordinance No. 19-O-0022 AGENDA NO. 5.6.
Amending Chapter 9, Article XXIV, TOBACCO SALES of the West | FILE NO.
Chicago Code of Ordinances
AGENDA DATE: June 24, 2019
COUNCIL AGENDA DATE: July 1, 2019
STAFF REVIEW: Michael Uplegger, Chief of Police SIGNATURE.
APPROVED BY CITY ADMINISTRATOR: Michael Guttman
SIGNATURE
ITEM SUMMARY:
Staff would like to revise the City Code to bring it into compliance with the upcoming changes to the State Law prohibiting
persons under 21 years of age from buying or selling tobacco in any of its forms, prohibit selling, giving or furnishing tobacco
in any of its forms to persons under 21 years of age, and to prohibit the distribution of tobacco samples. The changes to the
State law become effective July 1, 2019.
ACTIONS PROPOSED:
Staff recommends adoption of Ordinance No. 19-O-0022.
COMMITTEE RECOMMENDATION:

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ORDINANCE NO. 19-0-0022
AN ORDINANCE AMENDING CHAPTER 9, ARTICLE XXIV
TOBACCO SALES, OF THE WEST CHICAGO CODE OF ORDINANCES TO
PROHIBIT THE SALE OF TOBACCO PRODUCTS AND ELECTRONIC SMOKING
DEVICES TO PERSONS UNDER 21 YEARS OF AGE
WHEREAS, the City of West Chicago (hereinafter referred to as “City”) is a body
politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS
5/1-1-1 et seqg.; and
WHEREAS, the City is authorized and empowered, under the Illinois Municipal Code,
65 ILCS 5/11-20-5 to regulate for the public health; and
WHEREAS, the City is authorized, pursuant to its police power, 65 ILCS 5/11-1-1, to
carry out the powers delegated to it under its grants of authority; and
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of
West Chicago, DuPage County, Illinois, as follows:
Section 1: That Chapter 9, LICENSES, PERMITS AND BUSINESS REGULATIONS, Article
XXIV. —- TOBACCO SALES- of the Code of Ordinances of the City of West Chicago be

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amended to rereflect the change in Illinois State law in regards to persons under 21 years of age
from buying or selling tobacco to read as follows:.
Chapter 9 LICENSES, PERMITS AND BUSINESS REGULATIONS
“ARTICLE XXIV. - TOBACCO PRODUCT SALES
Sec. 9-685. - Definitions.
For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them:
Adult-only facility means a facility or restricted area (whether open-air or enclosed) where
the operator ensures or has a reasonable basis to believe (such as by checking identification as
required under State law. or by checking the identification of any person appearing to be under
the age of 30) that no person under legal age is present. A facility or restricted area need not be
permanently restricted to persons under 21 years of age to constitute as adult-only facility,
provided that the operator ensures or has a reasonable basis to believe that no person under 21
years of age is present during the event or time period in question.
Age Restricted Area means a signed designated area in a retail establishment to which
persons under twenty one (21) years of age are not permitted access unless accompanied by a
parent or legal quardian.
Alternative nicotine product means a product or device not consisting of or containing
tobacco that provides for the ingestion into the body of nicotine. whether by chewing. smoking.
absorbing. dissolving. inhaling. snorting. sniffing. or by any other means. Alternative nicotine
product does not include: cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco
products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995: tobacco product
and electronic cigarette as defined in this section: or any product approved by the United States
Food and Drug Administration for sale as a tobacco cessation product. as a tobacco dependence
product, or for other medical purposes, and is being marketed and sold solely for that approved
purpose.
Electronic cigarettessmoking—device means (1) any device that_employs a battery or other
mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation:
(2) any cartridge or container of a solution or substance intended to be used with or in the device
or to refill the device: or (3) any solution or substance. whether or not it contains nicotine
intended for use in the device. Electronic cigarette includes. but is not limited to. any electronic
nicotine delivery system. electronic cigar, electronic cigarillo, electronic pipe. electronic hookah,
vape pen, or similar product or device. and any components or parts that can be used to build the
product or device. Electronic cigarette does not include: cigarettes as defined in Section 1 of the
Cigarette Tax Act and tobacco products as defined in Section 10-5 of the Tobacco Products Tax
Act of 1995: tobacco product and alternative nicotine product as defined in this Section: any
product approved by the United States Food and Drug Administration for sale as a tobacco
cessation product, or for other medical purposes. and is being marketed and sold solely for that
approved purpose: any asthma inhaler prescribed by a physician for that condition and is being
marketed and sold solely for that approved purpose: or any therapeutic product approved for use
under the Compassionate Use of Medical Cannabis Pilot Program Act.-can-be-used_te-deliv-ez

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Line of Sight means visible to a cashier or other employee.
Lunch Wagon means a mobile vehicle designed and constructed to transport food and from
which food is sold to the general public.
Nicotine means any form of the chemical nicotine, including any salt or complex. regardless
of whether the chersicais is naturally or synthetically derived.
Tobacco products means any product containing or made that-ismade—or-derived from
tobacco;—er—vhieh—centains-nicetine-ora—similar-substance—and that is intended for human
consumption-eristikelyte-be-consumed, whether smoked, heated, chewed, absorbed, dissolved,
inhaled snorted, sniffed. or ingested by any other means, including, but not limited to, a
cigarettes, a-cigars, little cigars, -chewing tobacco, _pipe tobacco. snuff, ex-snus_and any other
smokeless tobacco product which contains tobacco that is finely cut. ground. powdered. or leaf
and intended to be placed in the oral cavity.; Tobacco products includes any component. part. or
accessory of a tobacco product. whether or not sold separately. Tobacco product _does not
include: an electronic cigarette and alternative nicotine product as defined in this Section: or any
product that has been approved by the United States Food and Drug Administration for sale as a
tobacco cessation product. as a tobacco dependence product. or for other medical purposes. and
Tobacco products. electronic cigarettes. and alternative nicotine product _may be sold
through a vending machine only if such tobacco products, electronic cigarettes. and alternative
nicotine products are not placed together with any non-tobacco product, other than matches. in
the vending machine and the vending machine is in any of the following locations: (1) Places to
which persons under 21 years of age are not permitted access at any time. (2) Places where
alcoholic beverages are sold and consumed on the premises and vending machine operation is
under the direct supervision of the owner or manager,
Tobacco Specialty Store means a tobacco retailer whose business exclusively or primarily
involves the sale of tobacco products and related goods.

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Vending machine means any mechanical, electric or electronic, self-service device which,
upon insertion of money, tokens or any other form of payment, dispenses tobacco products or
electronic smoking devices.
Sec. 9-686. - License—Required.
It shall be unlawful to sell or offer for sale at retail, to give away, deliver or to keep with the
intention of selling at retail, giving away or delivering tobacco products.-er electronic cigarettes
and alternative Nicotine productssmeking-deviees within the city without having first obtained a
tobacco dealer's license therefor pursuant to this article. Such license shall be in addition to any
other license required by this Code.
Sec. 9-687. - Same—Application.
Application for tobacco sales license should be made to the city clerk on forms provided by
the city. Licenses shall run for a one-year period based on the city's fiscal year. A licensee may
be prorated for a portion of the year.
Sec. 9-688. - Same—Fee.
The annual fee for a tobacco license shall be as prescribed in Appendix G. Said license is
not refundable, in part or in full.
Sec. 9-689. - Prohibited sales, delivery; signs and displays.
(a) It shall be unlawful for any person, including any licensee, to sell, offer for sale, give away
or deliver tobacco products. electronic cigarettes. and alternative nicotine products—ez
electronic smoking devices to any person under the age of twenty-one (21) years.
(b) Signs informing the public of the age restrictions provided for herein shall be posted by
every licensee at or near every display of tobacco products and electronic smoking devices
and on or upon every vending machine which offers tobacco products and/or electronic
smoking devices for sale. Each such sign shall be plainly visible and shall state:
"THE SALE OF TOBACCO PRODUCTS, ELECTRONIC CIGARETTES, AND
ALTERNATIVE NICOTINE PRODUCTS TO PERSONS UNDER TWENTY-ONE
YEARS OF AGE, AND-TFHE-SALE-OF ELECTRONIC SMOKING DEVICES TO SUCH
PERSONS IS PROHIBITED BY LAW."
The text of such signs shall be in red letters on a white background, said letters to be at least
one (1) inch high.
(c) All single packs of cigarettes, and electronic cigarettes, and alternative nicotine products must
be sold from behind the counter or in an age-restricted area or in a sealed display case. Any

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(21) to enter the premises unless accompanied by a parent or legal guardian; and 3) posts a sign on
the main entrance way stating that persons under the age of twenty one (21) are prohibited from
entering unless accompanied by a parent or legal guardian
Sec. 9-690. - Minimum age to sell tobacco products.
It shall be unlawful for any licensee or any officer, associate, member, representative, agent
or employee of such licensee, to engage, employ or permit any person under sixteeneighteen
(168) years of age to sell tobacco products, electronic cigarettes. and alternative nicotine
products-erelectronie-smoking devices in any licensed premises.
Sec. 9-691. - Purchase by minors prohibited.
It shall be unlawful for any person under the age of twenty-one (21) years to purchase
tobacco products, electronic cigarettes. and alternative nicotine products-orelectronic-smoking
devices or to misrepresent their identity or age, or to use any false or altered identification for the
purpose of purchasing tobacco products, electronic cigarettes, and alternative nicotine products.
Sec. 9-6924. - Certain Ffree distributionsprehibited.
A person shall not distribute without charge samples of any tobacco product to any other
person, regardless of age. except for smokeless tobacco in an adult-only facilitylt-shall-be

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Sec. 9-6935. - Vending machines; locking devices.
(a) It shall be unlawful for any licensee to sell or offer for sale, give away, deliver or to keep
with the intention of selling, giving away or delivering tobacco products or electronic smoking
devices by use of a vending machine, unless such vending machine is equipped with manual,
electric or electronic locking device controlled by the licensee so as to prevent its operation by
persons under the age of twenty-one (21) years.
(b) Any premises where access by persons under the age of twenty-one (21) years is
prohibited by law, or premises where the public is generally not permitted and where vending
machines are strictly for the use of employees of business located at such premises, shall be
exempt from the requirements of subsection (a) above.
Sec. 9-6946. - 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 punishable in the
same manner as if such act or omission had been done or omitted by the licensee personally.
Sec. 9-6957. - Suspension; revocation of license; fines, costs.
(a) The mayor shall be charged with the administration of this article. The mayor may suspend
or revoke any license issued under the provisions of this article, if he determines that the
licensee has violated any of the provisions of this article. In lieu of suspension or revocation
of a license, the mayor may instead levy a fine on the licensee. The fine imposed shall be per
section 1-8, general penalty, of this Code for each violation. Each day on which a violation
continues shall constitute a separate violation. However, no such license shall be suspended
or revoked and no licensee shall be fined except in a public hearing by the mayor with a
seven (7) day written notice to the licensee affording the licensee an opportunity to appear
and defend against the charges contained in such notice. The seven-day notice provisions
shall begin the day following delivery by certified mail or by personal service.
(b) The mayor shall, within seven (7) days after such hearing, if he determines after such
hearing that the license should be revoked or suspended, or that the licensee should be fined,
state the reason for such determination in a written order and either the amount of the fine,
the period of suspension or that the license has been revoked and serve a copy of such order
within the seven (7) days upon the licensee.
(c) Any licensee determined by the mayor to have violated any of the provisions of this article
shall pay to the city the costs of the hearing before the mayor on such violation. The mayor
shall determine the costs incurred by the city. for the hearing, including, but not limited to:
court reporter's fees, the costs of transcripts or records, attorneys’ fees, the cost of preparing
and mailing notices and orders and all other miscellaneous expenses incurred by the city or
such lesser sum as the mayor may allow.

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(d)
The licensee shall pay said costs to the city within thirty (30) days of notification of the
costs by the mayor. Failure to pay the costs within thirty (30) days of notification is a
violation of this article and may be cause for license suspension or revocation, or the levy of
a fine.
Sec. 9-6968. - Use of premises after revocation.
When any license shall have been revoked for any cause, no license shall be granted to any
person for the period of one (1) year thereafter for the conduct of the business of selling tobacco
products, electronic cigarettes. and alternative nicotine products-erelectronic-smoking devices in
the premises described in such revoked license.
Sec. 9-6979. — Penalty
In addition to any other relief granted by the courts or the Administrative Law Judge, any person
violating Sec. 9-691961erSee—9-962 of this Article shall be subject to a fine per section 1-8,
general penalty, of this Code.
Sec. 9-698709. - Transfer of license.
(a) Nontransferable. A license shall be a personal privilege, in force and effect for that period
(b)
of time set forth in section 9-687 of this chapter, unless sooner revoked as in this chapter
provided, and shall not constitute property, nor shall it be subject to attachment, garnishment
or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject
to being encumbered or hypothecated. Such license shall cease upon the death of the
licensee, and shall not descend by the law of testate or intestate devolution.
Change in personnel. Any changes in partnerships, officers, directors, persons holding
directly or beneficially more than five (5) percent of the stock or ownership interest, or
managers of establishments licensed under this chapter, shall be reported in writing to the
mayor, within ten (10) days of the change and such new individuals shall meet all the
standards of this chapter and must otherwise qualify to hold a tobacco dealers license.
(1) When a license has been issued to a partnership and a change of ownership occurs
resulting in a partnership interest by one who is not eligible to hold a tobacco dealers
license, the license shall terminate.

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(2) When a license has been issued to a corporation and a change takes place in officers,
directors, managers or stockholders of more than five (5) percent of the stock, resulting
in the holding of office or such of stock by one who is not eligible for a license, the
license shall terminate.
(3) When a license has been issued to an individual who is no longer eligible for a license,
the license shall terminate.
Secs. 9-699709—9-710. - Reserved.”
Section 2. That all ordinances and resolutions, or parts thereof, in conflict with the provisions
of this Ordinance are, to the extent of such conflict, hereby repealed.
Section 3. That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
PASSED this Ist day of July 2019.
Alderman J. Beifuss _ Alderman L. Chassee _
Alderman J. Sheahan Alderman H. Brown ee
Alderman A. Hallett ee Alderman Ferguson et
’ Alderman Birch Ferguson _ Alderman S. Dimas —
Alderman C. Swiatek _ Alderman M. Garling ee
Alderman R. Stout _ Alderman J. Short _
Alderman N. Ligino-Kubinski ee Alderman B. Gagliardi _
APPROVED as to form:
City Attorney
ADOPTED this Ist day of July 2019.
Mayor Ruben Pineda

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ATTEST:
City Clerk Nancy M. Smith
PUBLISHED: