Bill Amendment: IL SB1919 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CIGARETTE TAX-TRAINING
Status: 2017-01-10 - Added Alternate Co-Sponsor Rep. Katherine Cloonen [SB1919 Detail]
Download: Illinois-2015-SB1919-Senate_Amendment_001.html
Bill Title: CIGARETTE TAX-TRAINING
Status: 2017-01-10 - Added Alternate Co-Sponsor Rep. Katherine Cloonen [SB1919 Detail]
Download: Illinois-2015-SB1919-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1919
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2 | AMENDMENT NO. ______. Amend Senate Bill 1919 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Cigarette Tax Act is amended by changing | ||||||
5 | Sections 4g, 6, 11, and 11c as follows:
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6 | (35 ILCS 130/4g) | ||||||
7 | (This Section may contain text from a Public Act with a | ||||||
8 | delayed effective date ) | ||||||
9 | Sec. 4g. Retailer's license. Beginning on January 1, 2016, | ||||||
10 | no person may engage in business as a retailer of cigarettes in | ||||||
11 | this State without first having obtained a license from the | ||||||
12 | Department. Application for license shall be made to the | ||||||
13 | Department, by electronic means, in a form prescribed by the | ||||||
14 | Department. Each applicant for a license under this Section | ||||||
15 | shall furnish to the Department, in an electronic format | ||||||
16 | established by the Department, the following information: |
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1 | (1) the name and address of the applicant; | ||||||
2 | (2) the address of the location at which the applicant | ||||||
3 | proposes to engage in business as a retailer of cigarettes | ||||||
4 | in this State; and | ||||||
5 | (3) such other additional information as the | ||||||
6 | Department may lawfully require by its rules and | ||||||
7 | regulations. | ||||||
8 | The annual license fee payable to the Department for each | ||||||
9 | retailer's license shall be $75. The fee shall be deposited | ||||||
10 | into the Tax Compliance and Administration Fund and shall be | ||||||
11 | for the cost of tobacco retail inspection and contraband | ||||||
12 | tobacco and tobacco smuggling with at least two-thirds of the | ||||||
13 | money being used for contraband tobacco and tobacco smuggling | ||||||
14 | operations and enforcement. | ||||||
15 | Each applicant for a license shall pay the fee to the | ||||||
16 | Department at the time of submitting its application for a | ||||||
17 | license to the Department. The Department shall require an | ||||||
18 | applicant for a license under this Section to electronically | ||||||
19 | file and pay the fee. | ||||||
20 | A separate annual license fee shall be paid for each place | ||||||
21 | of business at which a person who is required to procure a | ||||||
22 | retailer's license under this Section proposes to engage in | ||||||
23 | business as a retailer in Illinois under this Act. | ||||||
24 | The following are ineligible to receive a retailer's | ||||||
25 | license under this Act: | ||||||
26 | (1) a person who has been convicted of a felony related |
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1 | to the illegal transportation, sale, or distribution of | ||||||
2 | cigarettes, or a tobacco-related felony, under any federal | ||||||
3 | or State law, if the Department, after investigation and a | ||||||
4 | hearing if requested by the applicant, determines that the | ||||||
5 | person has not been sufficiently rehabilitated to warrant | ||||||
6 | the public trust; or | ||||||
7 | (2) a corporation, if any officer, manager, or director | ||||||
8 | thereof, or any stockholder or stockholders owning in the | ||||||
9 | aggregate more than 5% of the stock of such corporation, | ||||||
10 | would not be eligible to receive a license under this Act | ||||||
11 | for any reason. | ||||||
12 | The Department, upon receipt of an application and license | ||||||
13 | fee, in proper form, from a person who is eligible to receive a | ||||||
14 | retailer's license under this Act, shall issue to such | ||||||
15 | applicant a license in form as prescribed by the Department. | ||||||
16 | That license shall permit the applicant to whom it is issued to | ||||||
17 | engage in business as a retailer under this Act at the place | ||||||
18 | shown in his or her application. All licenses issued by the | ||||||
19 | Department under this Section shall be valid for a period not | ||||||
20 | to exceed one year after issuance unless sooner revoked, | ||||||
21 | canceled, or suspended as provided in this Act. No license | ||||||
22 | issued under this Section is transferable or assignable. The | ||||||
23 | license shall be conspicuously displayed in the place of | ||||||
24 | business conducted by the licensee in Illinois under such | ||||||
25 | license. The Department shall not issue a retailer's license to | ||||||
26 | a retailer unless the retailer is also registered under the |
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1 | Retailers' Occupation Tax Act. A person who obtains a license | ||||||
2 | as a retailer who ceases to do business as specified in the | ||||||
3 | license, or who never commenced business, or who obtains a | ||||||
4 | distributor's license, or whose license is suspended or | ||||||
5 | revoked, shall immediately surrender the license to the | ||||||
6 | Department. | ||||||
7 | Any person aggrieved by any decision of the Department | ||||||
8 | under this Section subsection may, within 30 days after notice | ||||||
9 | of the decision, protest and request a hearing. Upon receiving | ||||||
10 | a request for a hearing, the Department shall give written | ||||||
11 | notice to the person requesting the hearing of the time and | ||||||
12 | place fixed for the hearing and shall hold a hearing in | ||||||
13 | conformity with the provisions of this Act and then issue its | ||||||
14 | final administrative decision in the matter to that person. In | ||||||
15 | the absence of a protest and request for a hearing within 30 | ||||||
16 | days, the Department's decision shall become final without any | ||||||
17 | further determination being made or notice given.
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18 | (Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)
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19 | (35 ILCS 130/6) (from Ch. 120, par. 453.6)
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20 | (Text of Section before amendment by P.A. 98-1055 )
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21 | Sec. 6. Revocation, cancellation, or suspension of | ||||||
22 | license. The Department may, after notice and hearing as | ||||||
23 | provided for by this
Act, revoke, cancel or suspend the license | ||||||
24 | of any distributor or secondary distributor for the
violation | ||||||
25 | of any provision of this Act, or for noncompliance with any
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1 | provision herein contained, or for any noncompliance with any | ||||||
2 | lawful rule
or regulation promulgated by the Department under | ||||||
3 | Section 8 of this Act, or
because the licensee is determined to | ||||||
4 | be ineligible for a distributor's
license for any one or more | ||||||
5 | of the reasons provided for in Section 4 of
this Act, or | ||||||
6 | because the licensee is determined to be ineligible for a | ||||||
7 | secondary distributor's license for any one or more of the | ||||||
8 | reasons provided for in Section 4c of this Act. However, no | ||||||
9 | such license shall be revoked, cancelled or
suspended, except | ||||||
10 | after a hearing by the Department with notice to the
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11 | distributor or secondary distributor, as aforesaid, and | ||||||
12 | affording such distributor or secondary distributor a | ||||||
13 | reasonable
opportunity to appear and defend, and any | ||||||
14 | distributor or secondary distributor aggrieved by any
decision | ||||||
15 | of the Department with respect thereto may have the | ||||||
16 | determination
of the Department judicially reviewed, as herein | ||||||
17 | provided.
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18 | The Department may revoke, cancel, or suspend the license | ||||||
19 | of any
distributor for a violation of the Tobacco Product | ||||||
20 | Manufacturers' Escrow
Enforcement Act as provided in Section 30 | ||||||
21 | of that Act. The Department may revoke, cancel, or suspend the | ||||||
22 | license of any secondary distributor for a violation of | ||||||
23 | subsection (e) of Section 15 of the Tobacco Product | ||||||
24 | Manufacturers' Escrow Enforcement Act.
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25 | Any distributor or secondary distributor aggrieved by any | ||||||
26 | decision of the Department under this
Section
may, within 20 |
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1 | days after notice of the decision, protest and request a
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2 | hearing. Upon receiving a request for a hearing, the Department | ||||||
3 | shall give
notice in writing to the distributor or secondary | ||||||
4 | distributor requesting the hearing that contains a
statement of | ||||||
5 | the charges preferred against the distributor or secondary | ||||||
6 | distributor and that states the
time and place fixed for the | ||||||
7 | hearing. The Department shall hold the hearing in
conformity | ||||||
8 | with the provisions of this Act and then issue its final
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9 | administrative decision in the matter to the distributor or | ||||||
10 | secondary distributor. In the absence of a
protest and request | ||||||
11 | for a hearing within 20 days, the Department's decision
shall | ||||||
12 | become final without any further determination being made or | ||||||
13 | notice
given.
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14 | No license so revoked, as aforesaid, shall be reissued to | ||||||
15 | any such
distributor or secondary distributor within a period | ||||||
16 | of 6 months after the date of the final
determination of such | ||||||
17 | revocation. No such license shall be reissued at all
so long as | ||||||
18 | the person who would receive the license is ineligible to
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19 | receive a distributor's license under this Act for any one or | ||||||
20 | more of the
reasons provided for in Section 4 of this Act or is | ||||||
21 | ineligible to receive a secondary distributor's license under | ||||||
22 | this Act for any one or more of the reasons provided for in | ||||||
23 | Section 4c of this Act.
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24 | The Department upon complaint filed in the circuit
court | ||||||
25 | may by injunction
restrain any person who fails, or refuses, to | ||||||
26 | comply with any of the
provisions of this Act from acting as a |
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1 | distributor or secondary distributor of cigarettes in this
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2 | State.
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3 | (Source: P.A. 96-1027, eff. 7-12-10.)
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4 | (Text of Section after amendment by P.A. 98-1055 )
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5 | Sec. 6. Revocation, cancellation, or suspension of | ||||||
6 | license. The Department may, after notice and hearing as | ||||||
7 | provided for by this
Act, revoke, cancel or suspend the license | ||||||
8 | of any distributor, secondary distributor, or retailer for the
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9 | violation of any provision of this Act, or for noncompliance | ||||||
10 | with any
provision herein contained, or for any noncompliance | ||||||
11 | with any lawful rule
or regulation promulgated by the | ||||||
12 | Department under Section 8 of this Act, or
because the licensee | ||||||
13 | is determined to be ineligible for a distributor's
license for | ||||||
14 | any one or more of the reasons provided for in Section 4 of
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15 | this Act, or because the licensee is determined to be | ||||||
16 | ineligible for a secondary distributor's license for any one or | ||||||
17 | more of the reasons provided for in Section 4c of this Act, or | ||||||
18 | because the licensee is determined to be ineligible for a | ||||||
19 | retailer's license for any one or more of the reasons provided | ||||||
20 | for in Section 4g of this Act. However, no such license shall | ||||||
21 | be revoked, cancelled or
suspended, except after a hearing by | ||||||
22 | the Department with notice to the
distributor, secondary | ||||||
23 | distributor, or retailer, as aforesaid, and affording such | ||||||
24 | distributor, secondary distributor, or retailer a reasonable
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25 | opportunity to appear and defend, and any distributor, |
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1 | secondary distributor, or retailer aggrieved by any
decision of | ||||||
2 | the Department with respect thereto may have the determination
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3 | of the Department judicially reviewed, as herein provided.
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4 | The Department may revoke, cancel, or suspend the license | ||||||
5 | of any
distributor for a violation of the Tobacco Product | ||||||
6 | Manufacturers' Escrow
Enforcement Act as provided in Section 30 | ||||||
7 | of that Act. The Department may revoke, cancel, or suspend the | ||||||
8 | license of any secondary distributor for a violation of | ||||||
9 | subsection (e) of Section 15 of the Tobacco Product | ||||||
10 | Manufacturers' Escrow Enforcement Act.
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11 | If the retailer has a training program that facilitates | ||||||
12 | compliance with minimum-age tobacco laws, the Department shall | ||||||
13 | suspend for 3 days the license of that retailer for a fourth or | ||||||
14 | subsequent violation of the Prevention of Tobacco Use by Minors | ||||||
15 | and Sale and Distribution of Tobacco Products Act, as provided | ||||||
16 | in subsection (a) of Section 2 of that Act. For the purposes of | ||||||
17 | this Section, any violation of subsection (a) of Section 2 of | ||||||
18 | the Prevention of Tobacco Use by Minors and Sale and | ||||||
19 | Distribution of Tobacco Products Act occurring at the | ||||||
20 | retailer's licensed location during a 24-month period shall be | ||||||
21 | counted as a violation against the retailer. | ||||||
22 | If the retailer does not have a training program that | ||||||
23 | facilitates compliance with minimum-age tobacco laws, the | ||||||
24 | Department shall suspend for 3 days the license of that | ||||||
25 | retailer for a second violation of the Prevention of Tobacco | ||||||
26 | Use by Minors and Sale and Distribution of Tobacco Products |
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1 | Act, as provided in subsection (a-5) of Section 2 of that Act. | ||||||
2 | If the retailer does not have a training program that | ||||||
3 | facilitates compliance with minimum-age tobacco laws, the | ||||||
4 | Department shall suspend for 7 days the license of that | ||||||
5 | retailer for a third violation of the Prevention of Tobacco Use | ||||||
6 | by Minors and Sale and Distribution of Tobacco Products Act, as | ||||||
7 | provided in subsection (a-5) of Section 2 of that Act. | ||||||
8 | If the retailer does not have a training program that | ||||||
9 | facilitates compliance with minimum-age tobacco laws, the | ||||||
10 | Department shall suspend for 30 days the license of a retailer | ||||||
11 | for a fourth or subsequent violation of the Prevention of | ||||||
12 | Tobacco Use by Minors and Sale and Distribution of Tobacco | ||||||
13 | Products Act, as provided in subsection (a-5) of Section 2 of | ||||||
14 | that Act. | ||||||
15 | A training program that facilitates compliance with | ||||||
16 | minimum-age tobacco laws must include at least the following | ||||||
17 | elements: (i) it must explain that only individuals displaying | ||||||
18 | valid identification demonstrating that they are 18 years of | ||||||
19 | age or older shall be eligible to purchase cigarettes or | ||||||
20 | tobacco products and ; (ii) it must explain where a clerk can | ||||||
21 | check identification for a date of birth ; and (iii) it must | ||||||
22 | explain the penalties that a clerk and retailer are subject to | ||||||
23 | for violations of the Prevention of Tobacco Use by Minors and | ||||||
24 | Sale and Distribution of Tobacco Products Act . The training may | ||||||
25 | be conducted electronically. Each retailer that has a training | ||||||
26 | program shall require each employee who completes the training |
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1 | program to sign a form attesting that the employee has received | ||||||
2 | and completed tobacco training. The form shall be kept in the | ||||||
3 | employee's file and may be used to provide proof of training. | ||||||
4 | Any distributor, secondary distributor, or retailer | ||||||
5 | aggrieved by any decision of the Department under this
Section
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6 | may, within 20 days after notice of the decision, protest and | ||||||
7 | request a
hearing. Upon receiving a request for a hearing, the | ||||||
8 | Department shall give
notice in writing to the distributor, | ||||||
9 | secondary distributor, or retailer requesting the hearing that | ||||||
10 | contains a
statement of the charges preferred against the | ||||||
11 | distributor, secondary distributor, or retailer and that | ||||||
12 | states the
time and place fixed for the hearing. The Department | ||||||
13 | shall hold the hearing in
conformity with the provisions of | ||||||
14 | this Act and then issue its final
administrative decision in | ||||||
15 | the matter to the distributor, secondary distributor, or | ||||||
16 | retailer. In the absence of a
protest and request for a hearing | ||||||
17 | within 20 days, the Department's decision
shall become final | ||||||
18 | without any further determination being made or notice
given.
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19 | No license so revoked, as aforesaid, shall be reissued to | ||||||
20 | any such
distributor, secondary distributor, or retailer | ||||||
21 | within a period of 6 months after the date of the final
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22 | determination of such revocation. No such license shall be | ||||||
23 | reissued at all
so long as the person who would receive the | ||||||
24 | license is ineligible to
receive a distributor's license under | ||||||
25 | this Act for any one or more of the
reasons provided for in | ||||||
26 | Section 4 of this Act, is ineligible to receive a secondary |
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1 | distributor's license under this Act for any one or more of the | ||||||
2 | reasons provided for in Section 4c of this Act, or is | ||||||
3 | determined to be ineligible for a retailer's license under the | ||||||
4 | Act for any one or more of the reasons provided for in Section | ||||||
5 | 4g of this Act.
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6 | The Department upon complaint filed in the circuit
court | ||||||
7 | may by injunction
restrain any person who fails, or refuses, to | ||||||
8 | comply with any of the
provisions of this Act from acting as a | ||||||
9 | distributor, secondary distributor, or retailer of cigarettes | ||||||
10 | in this
State.
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11 | (Source: P.A. 98-1055, eff. 1-1-16.)
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12 | (35 ILCS 130/11) (from Ch. 120, par. 453.11)
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13 | (Text of Section before amendment by P.A. 98-1055 )
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14 | Sec. 11.
Every distributor of cigarettes, who is required | ||||||
15 | to procure a
license under this Act, shall keep within | ||||||
16 | Illinois, at his licensed
address, complete and accurate | ||||||
17 | records of cigarettes held, purchased,
manufactured, brought | ||||||
18 | in or caused to be brought in from without the State,
and sold, | ||||||
19 | or otherwise disposed of, and shall preserve and keep within
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20 | Illinois at his licensed address all invoices, bills of lading, | ||||||
21 | sales
records, copies of bills of sale, inventory at the close | ||||||
22 | of each period for
which a return is required of all cigarettes | ||||||
23 | on hand and of all cigarette
revenue stamps, both affixed and | ||||||
24 | unaffixed, and other pertinent papers and
documents relating to | ||||||
25 | the manufacture, purchase, sale or disposition of
cigarettes. |
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1 | All books and records and other papers and documents that are
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2 | required by this Act to be kept shall be kept in the English | ||||||
3 | language, and
shall, at all times during the usual business | ||||||
4 | hours of the day, be subject
to inspection by the Department or | ||||||
5 | its duly authorized agents and employees.
The Department may | ||||||
6 | adopt rules that establish requirements, including record
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7 | forms and formats, for records required to be kept and | ||||||
8 | maintained by taxpayers.
For purposes of this Section, | ||||||
9 | "records" means all data maintained by the
taxpayer, including | ||||||
10 | data on paper, microfilm, microfiche or any type of
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11 | machine-sensible data compilation. Those books, records, | ||||||
12 | papers and documents
shall be preserved for a period of at | ||||||
13 | least 3 years after the date of the
documents, or the date of | ||||||
14 | the entries appearing in the records, unless the
Department, in | ||||||
15 | writing, authorizes their destruction or disposal at an earlier
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16 | date. At all times during the usual business hours of the day | ||||||
17 | any duly
authorized agent or employee of the Department may | ||||||
18 | enter any place of business
of the distributor, without a | ||||||
19 | search warrant, and inspect the premises and the
stock or | ||||||
20 | packages of cigarettes and the vending devices therein | ||||||
21 | contained, to
determine whether any of the provisions of this | ||||||
22 | Act are being violated. If such
agent or employee is denied | ||||||
23 | free access or is hindered or interfered with in
making such | ||||||
24 | examination as herein provided, the license of the distributor | ||||||
25 | at
such premises shall be subject to revocation by the | ||||||
26 | Department.
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1 | (Source: P.A. 88-480.)
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2 | (Text of Section after amendment by P.A. 98-1055 )
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3 | Sec. 11.
Every distributor of cigarettes, who is required | ||||||
4 | to procure a
license under this Act, shall keep within | ||||||
5 | Illinois, at his licensed
address, complete and accurate | ||||||
6 | records of cigarettes held, purchased,
manufactured, brought | ||||||
7 | in or caused to be brought in from without the State,
and sold, | ||||||
8 | or otherwise disposed of, and shall preserve and keep within
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9 | Illinois at his licensed address all invoices, bills of lading, | ||||||
10 | sales
records, copies of bills of sale, inventory at the close | ||||||
11 | of each period for
which a return is required of all cigarettes | ||||||
12 | on hand and of all cigarette
revenue stamps, both affixed and | ||||||
13 | unaffixed, and other pertinent papers and
documents relating to | ||||||
14 | the manufacture, purchase, sale or disposition of
cigarettes. | ||||||
15 | Every sales invoice issued by a licensed distributor to a | ||||||
16 | retailer in this State shall contain the distributor's | ||||||
17 | cigarette distributor license number unless the distributor | ||||||
18 | has been granted a waiver by the Department in response to a | ||||||
19 | written request in cases where (i) the distributor sells | ||||||
20 | cigarettes only to retailers that are wholly-owned by the | ||||||
21 | distributor or owned by a wholly-owned subsidiary of the | ||||||
22 | distributor; (ii) the retailer obtains cigarettes only from the | ||||||
23 | distributor requesting the waiver; and (iii) the distributor | ||||||
24 | affixes the tax stamps to the original packages of cigarettes | ||||||
25 | sold to the retailer. The distributor shall file a written |
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1 | request with the Department, and, if the Department determines | ||||||
2 | that the distributor meets the conditions for a waiver, the | ||||||
3 | Department shall grant the waiver . All books and records and | ||||||
4 | other papers and documents that are
required by this Act to be | ||||||
5 | kept shall be kept in the English language, and
shall, at all | ||||||
6 | times during the usual business hours of the day, be subject
to | ||||||
7 | inspection by the Department or its duly authorized agents and | ||||||
8 | employees.
The Department may adopt rules that establish | ||||||
9 | requirements, including record
forms and formats, for records | ||||||
10 | required to be kept and maintained by taxpayers.
For purposes | ||||||
11 | of this Section, "records" means all data maintained by the
| ||||||
12 | taxpayer, including data on paper, microfilm, microfiche or any | ||||||
13 | type of
machine-sensible data compilation. Those books, | ||||||
14 | records, papers and documents
shall be preserved for a period | ||||||
15 | of at least 3 years after the date of the
documents, or the | ||||||
16 | date of the entries appearing in the records, unless the
| ||||||
17 | Department, in writing, authorizes their destruction or | ||||||
18 | disposal at an earlier
date. At all times during the usual | ||||||
19 | business hours of the day any duly
authorized agent or employee | ||||||
20 | of the Department may enter any place of business
of the | ||||||
21 | distributor, without a search warrant, and inspect the premises | ||||||
22 | and the
stock or packages of cigarettes and the vending devices | ||||||
23 | therein contained, to
determine whether any of the provisions | ||||||
24 | of this Act are being violated. If such
agent or employee is | ||||||
25 | denied free access or is hindered or interfered with in
making | ||||||
26 | such examination as herein provided, the license of the |
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| |||||||
1 | distributor at
such premises shall be subject to revocation by | ||||||
2 | the Department.
| ||||||
3 | (Source: P.A. 98-1055, eff. 1-1-16.)
| ||||||
4 | (35 ILCS 130/11c) | ||||||
5 | (This Section may contain text from a Public Act with a | ||||||
6 | delayed effective date ) | ||||||
7 | Sec. 11c. Retailers; records. Every retailer who is | ||||||
8 | required to procure a license under this Act shall keep within | ||||||
9 | Illinois complete and accurate records of cigarettes | ||||||
10 | purchased, sold, or otherwise disposed of. It shall be the duty | ||||||
11 | of every retail licensee to make sales records, copies of bills | ||||||
12 | of sale, and inventory at the close of each period for which a | ||||||
13 | report is required of all cigarettes on hand available upon | ||||||
14 | reasonable notice for the purpose of investigation and control | ||||||
15 | by the Department. Such records need not be maintained on the | ||||||
16 | licensed premises, but must be maintained in the State of | ||||||
17 | Illinois; however, if access is available electronically, the | ||||||
18 | records may be maintained out of state. However, all original | ||||||
19 | invoices or copies thereof covering purchases of cigarettes | ||||||
20 | must be retained on the licensed premises for a period of 90 | ||||||
21 | days after such purchase, unless the Department has granted a | ||||||
22 | waiver in response to a written request in cases where records | ||||||
23 | are kept at a central business location within the State of | ||||||
24 | Illinois or in cases where records that are available | ||||||
25 | electronically are maintained out of state. The Department may |
| |||||||
| |||||||
1 | adopt rules that establish requirements, including record | ||||||
2 | forms and formats, for records required to be kept and | ||||||
3 | maintained by the retailer. The Department shall adopt rules | ||||||
4 | regarding the maintenance and accessibility of records located | ||||||
5 | out-of-State pursuant to the waiver provided under this Act. | ||||||
6 | For purposes of this Section, "records" means all data | ||||||
7 | maintained by the retailer, including data on paper, microfilm, | ||||||
8 | microfiche or any type of machine sensible data compilation. | ||||||
9 | Those books, records, papers, and documents shall be preserved | ||||||
10 | for a period of at least 3 years after the date of the | ||||||
11 | documents, or the date of the entries appearing in the records, | ||||||
12 | unless the Department, in writing, authorizes their | ||||||
13 | destruction or disposal at an earlier date. At all times during | ||||||
14 | the usual business hours of the day, any duly authorized agent | ||||||
15 | or employee of the Department may enter any place of business | ||||||
16 | of the retailer without a search warrant and may inspect the | ||||||
17 | premises to determine whether any of the provisions of this Act | ||||||
18 | are being violated. If such agent or employee is denied free | ||||||
19 | access or is hindered or interfered with in making such | ||||||
20 | examination as herein provided, the license of the retailer | ||||||
21 | shall be subject to suspension or revocation by the Department.
| ||||||
22 | (Source: P.A. 98-1055, eff. 1-1-16.)
| ||||||
23 | Section 10. The Tobacco Products Tax Act of 1995 is amended | ||||||
24 | by changing Sections 10-21, 10-25, and 10-35 as follows:
|
| |||||||
| |||||||
1 | (35 ILCS 143/10-21) | ||||||
2 | (This Section may contain text from a Public Act with a | ||||||
3 | delayed effective date ) | ||||||
4 | Sec. 10-21. Retailer's license. Beginning on January 1, | ||||||
5 | 2016, no person may engage in business as a retailer of tobacco | ||||||
6 | products in this State without first having obtained a license | ||||||
7 | from the Department. Application for license shall be made to | ||||||
8 | the Department, by electronic means, in a form prescribed by | ||||||
9 | the Department. Each applicant for a license under this Section | ||||||
10 | shall furnish to the Department, in an electronic format | ||||||
11 | established by the Department, the following information: | ||||||
12 | (1) the name and address of the applicant; | ||||||
13 | (2) the address of the location at which the applicant | ||||||
14 | proposes to engage in business as a retailer of tobacco | ||||||
15 | products in this State; | ||||||
16 | (3) such other additional information as the | ||||||
17 | Department may lawfully require by its rules and | ||||||
18 | regulations. | ||||||
19 | The annual license fee payable to the Department for each | ||||||
20 | retailer's license shall be $75. The fee will be deposited into | ||||||
21 | the Tax Compliance and Administration Fund and shall be used | ||||||
22 | for the cost of tobacco retail inspection and contraband | ||||||
23 | tobacco and tobacco smuggling with at least two-thirds of the | ||||||
24 | money being used for contraband tobacco and tobacco smuggling | ||||||
25 | operations and enforcement. | ||||||
26 | Each applicant for license shall pay such fee to the |
| |||||||
| |||||||
1 | Department at the time of submitting its application for | ||||||
2 | license to the Department. The Department shall require an | ||||||
3 | applicant for a license under this Section to electronically | ||||||
4 | file and pay the fee. | ||||||
5 | A separate annual license fee shall be paid for each place | ||||||
6 | of business at which a person who is required to procure a | ||||||
7 | retailer's license under this Section proposes to engage in | ||||||
8 | business as a retailer in Illinois under this Act. | ||||||
9 | The following are ineligible to receive a retailer's | ||||||
10 | license under this Act: | ||||||
11 | (1) a person who has been convicted of a felony under | ||||||
12 | any federal or State law for smuggling cigarettes or | ||||||
13 | tobacco products or tobacco tax evasion, if the Department, | ||||||
14 | after investigation and a hearing if requested by the | ||||||
15 | applicant, determines that such person has not been | ||||||
16 | sufficiently rehabilitated to warrant the public trust; | ||||||
17 | and | ||||||
18 | (2) a corporation, if any officer, manager or director | ||||||
19 | thereof, or any stockholder or stockholders owning in the | ||||||
20 | aggregate more than 5% of the stock of such corporation, | ||||||
21 | would not be eligible to receive a license under this Act | ||||||
22 | for any reason. | ||||||
23 | The Department, upon receipt of an application and license | ||||||
24 | fee, in proper form, from a person who is eligible to receive a | ||||||
25 | retailer's license under this Act, shall issue to such | ||||||
26 | applicant a license in form as prescribed by the Department, |
| |||||||
| |||||||
1 | which license shall permit the applicant to which it is issued | ||||||
2 | to engage in business as a retailer under this Act at the place | ||||||
3 | shown in his application. All licenses issued by the Department | ||||||
4 | under this Section shall be valid for a period not to exceed | ||||||
5 | one year after issuance unless sooner revoked, canceled or | ||||||
6 | suspended as provided in this Act. No license issued under this | ||||||
7 | Section is transferable or assignable. Such license shall be | ||||||
8 | conspicuously displayed in the place of business conducted by | ||||||
9 | the licensee in Illinois under such license. A person who | ||||||
10 | obtains a license as a retailer who ceases to do business as | ||||||
11 | specified in the license, or who never commenced business, or | ||||||
12 | who obtains a distributor's license, or whose license is | ||||||
13 | suspended or revoked, shall immediately surrender the license | ||||||
14 | to the Department. The Department shall not issue a license to | ||||||
15 | a retailer unless the retailer is also validly registered under | ||||||
16 | the Retailers Occupation Tax Act. | ||||||
17 | A retailer as defined under this Act need not obtain an | ||||||
18 | additional license under this Act, but shall be deemed to be | ||||||
19 | sufficiently licensed by virtue of his being properly licensed | ||||||
20 | as a retailer under Section 4g of the Cigarette Tax Act. | ||||||
21 | Any person aggrieved by any decision of the Department | ||||||
22 | under this Section subsection may, within 30 days after notice | ||||||
23 | of the decision, protest and request a hearing. Upon receiving | ||||||
24 | a request for a hearing, the Department shall give notice to | ||||||
25 | the person requesting the hearing of the time and place fixed | ||||||
26 | for the hearing and shall hold a hearing in conformity with the |
| |||||||
| |||||||
1 | provisions of this Act and then issue its final administrative | ||||||
2 | decision in the matter to that person. In the absence of a | ||||||
3 | protest and request for a hearing within 30 days, the | ||||||
4 | Department's decision shall become final without any further | ||||||
5 | determination being made or notice given.
| ||||||
6 | (Source: P.A. 98-1055, eff. 1-1-16; revised 12-1-14.)
| ||||||
7 | (35 ILCS 143/10-25)
| ||||||
8 | (Text of Section before amendment by P.A. 98-1055 )
| ||||||
9 | Sec. 10-25. License actions. The Department may, after | ||||||
10 | notice and a hearing,
revoke, cancel, or suspend the license of | ||||||
11 | any distributor who violates any of
the provisions of this Act. | ||||||
12 | The notice shall specify the alleged violation or
violations | ||||||
13 | upon which the revocation, cancellation, or suspension | ||||||
14 | proceeding is
based.
| ||||||
15 | The Department may revoke, cancel, or suspend the license | ||||||
16 | of any
distributor for a violation of the Tobacco Product | ||||||
17 | Manufacturers' Escrow
Enforcement Act as provided in Section 20 | ||||||
18 | of that Act.
| ||||||
19 | The Department may, by application to any circuit court, | ||||||
20 | obtain an injunction
restraining any person who engages in | ||||||
21 | business as a distributor of tobacco
products without a license | ||||||
22 | (either because his or her license has been revoked,
canceled, | ||||||
23 | or suspended or because of a failure to obtain a license in the | ||||||
24 | first
instance) from engaging in that business until that | ||||||
25 | person, as if that person
were a new applicant for a license, |
| |||||||
| |||||||
1 | complies with all of the conditions,
restrictions, and | ||||||
2 | requirements of Section 10-20 of this Act and qualifies for
and | ||||||
3 | obtains a license. Refusal or neglect to obey the order of the | ||||||
4 | court may
result in punishment for contempt.
| ||||||
5 | (Source: P.A. 92-737, eff. 7-25-02.)
| ||||||
6 | (Text of Section after amendment by P.A. 98-1055 )
| ||||||
7 | Sec. 10-25. License actions. | ||||||
8 | (a) The Department may, after notice and a hearing,
revoke, | ||||||
9 | cancel, or suspend the license of any distributor or retailer | ||||||
10 | who violates any of
the provisions of this Act. The notice | ||||||
11 | shall specify the alleged violation or
violations upon which | ||||||
12 | the revocation, cancellation, or suspension proceeding is
| ||||||
13 | based.
| ||||||
14 | (b) The Department may revoke, cancel, or suspend the | ||||||
15 | license of any
distributor for a violation of the Tobacco | ||||||
16 | Product Manufacturers' Escrow
Enforcement Act as provided in | ||||||
17 | Section 20 of that Act.
| ||||||
18 | (c) If the retailer has a training program that facilitates | ||||||
19 | compliance with minimum-age tobacco laws, the Department shall | ||||||
20 | suspend for 3 days the license of that retailer for a fourth or | ||||||
21 | subsequent violation of the Prevention of Tobacco Use by Minors | ||||||
22 | and Sale and Distribution of Tobacco Products Act, as provided | ||||||
23 | in subsection (a) of Section 2 of that Act. For the purposes of | ||||||
24 | this Section, any violation of subsection (a) of Section 2 of | ||||||
25 | the Prevention of Tobacco Use by Minors and Sale and |
| |||||||
| |||||||
1 | Distribution of Tobacco Products Act occurring at the | ||||||
2 | retailer's licensed location, during a 24-month period, shall | ||||||
3 | be counted as a violation against the retailer. | ||||||
4 | If the retailer does not have a training program that | ||||||
5 | facilitates compliance with minimum-age tobacco laws, the | ||||||
6 | Department shall suspend for 3 days the license of that | ||||||
7 | retailer for a second violation of the Prevention of Tobacco | ||||||
8 | Use by Minors and Sale and Distribution of Tobacco Products | ||||||
9 | Act, as provided in subsection (a-5) of Section 2 of that Act. | ||||||
10 | If the retailer does not have a training program that | ||||||
11 | facilitates compliance with minimum-age tobacco laws, the | ||||||
12 | Department shall suspend for 7 days the license of that | ||||||
13 | retailer for a third violation of the Prevention of Tobacco Use | ||||||
14 | by Minors and Sale and Distribution of Tobacco Products Act, as | ||||||
15 | provided in subsection (a-5) of Section 2 of that Act. | ||||||
16 | If the retailer does not have a training program that | ||||||
17 | facilitates compliance with minimum-age tobacco laws, the | ||||||
18 | Department shall suspend for 30 days the license of a retailer | ||||||
19 | for a fourth or subsequent violation of the Prevention of | ||||||
20 | Tobacco Use by Minors and Sale and Distribution of Tobacco | ||||||
21 | Products Act, as provided in subsection (a-5) of Section 2 of | ||||||
22 | that Act. | ||||||
23 | A training program that facilitates compliance with | ||||||
24 | minimum-age tobacco laws must include at least the following | ||||||
25 | elements: (i) it must explain that only individuals displaying | ||||||
26 | valid identification demonstrating that they are 18 years of |
| |||||||
| |||||||
1 | age or older shall be eligible to purchase cigarettes or | ||||||
2 | tobacco products and ; (ii) it must explain where a clerk can | ||||||
3 | check identification for a date of birth ; and (iii) it must | ||||||
4 | explain the penalties that a clerk and retailer are subject to | ||||||
5 | for violations of the Prevention of Tobacco Use by Minors and | ||||||
6 | Sale and Distribution of Tobacco Products Act . The training may | ||||||
7 | be conducted electronically. Each retailer that has a training | ||||||
8 | program shall require each employee who completes the training | ||||||
9 | program to sign a form attesting that the employee has received | ||||||
10 | and completed tobacco training. The form shall be kept in the | ||||||
11 | employee's file and may be used to provide proof of training. | ||||||
12 | (d) The Department may, by application to any circuit | ||||||
13 | court, obtain an injunction
restraining any person who engages | ||||||
14 | in business as a distributor of tobacco
products without a | ||||||
15 | license (either because his or her license has been revoked,
| ||||||
16 | canceled, or suspended or because of a failure to obtain a | ||||||
17 | license in the first
instance) from engaging in that business | ||||||
18 | until that person, as if that person
were a new applicant for a | ||||||
19 | license, complies with all of the conditions,
restrictions, and | ||||||
20 | requirements of Section 10-20 of this Act and qualifies for
and | ||||||
21 | obtains a license. Refusal or neglect to obey the order of the | ||||||
22 | court may
result in punishment for contempt.
| ||||||
23 | (Source: P.A. 98-1055, eff. 1-1-16.)
| ||||||
24 | (35 ILCS 143/10-35)
| ||||||
25 | (Text of Section before amendment by P.A. 98-1055 )
|
| |||||||
| |||||||
1 | Sec. 10-35. Record keeping. Every distributor, as defined | ||||||
2 | in Section 10-5,
shall keep complete and accurate records of | ||||||
3 | tobacco products held, purchased,
manufactured, brought in or | ||||||
4 | caused to be brought in from without the State, and
tobacco | ||||||
5 | products sold, or otherwise disposed of, and shall preserve and | ||||||
6 | keep
all invoices, bills of lading, sales records, and copies | ||||||
7 | of bills
of sale, the wholesale price for tobacco products sold | ||||||
8 | or otherwise disposed
of, an inventory of tobacco products | ||||||
9 | prepared as of December 31 of each year or
as of the last day of | ||||||
10 | the distributor's fiscal year if he or she files federal
income | ||||||
11 | tax returns on the basis of a fiscal year, and other pertinent | ||||||
12 | papers
and documents relating to the manufacture, purchase, | ||||||
13 | sale, or disposition of
tobacco products. Books, records, | ||||||
14 | papers, and documents that are
required by this Act to be kept | ||||||
15 | shall, at all times during the usual business
hours of the day, | ||||||
16 | be subject to inspection by the Department or its duly
| ||||||
17 | authorized agents and employees. The books, records, papers, | ||||||
18 | and documents for
any period with respect to which the | ||||||
19 | Department is authorized to issue a notice
of tax liability | ||||||
20 | shall be preserved until the expiration of that period.
| ||||||
21 | (Source: P.A. 89-21, eff. 6-6-95.)
| ||||||
22 | (Text of Section after amendment by P.A. 98-1055 )
| ||||||
23 | Sec. 10-35. Record keeping. | ||||||
24 | (a) Every distributor, as defined in Section 10-5,
shall | ||||||
25 | keep complete and accurate records of tobacco products held, |
| |||||||
| |||||||
1 | purchased,
manufactured, brought in or caused to be brought in | ||||||
2 | from without the State, and
tobacco products sold, or otherwise | ||||||
3 | disposed of, and shall preserve and keep
all invoices, bills of | ||||||
4 | lading, sales records, and copies of bills
of sale, the | ||||||
5 | wholesale price for tobacco products sold or otherwise disposed
| ||||||
6 | of, an inventory of tobacco products prepared as of December 31 | ||||||
7 | of each year or
as of the last day of the distributor's fiscal | ||||||
8 | year if he or she files federal
income tax returns on the basis | ||||||
9 | of a fiscal year, and other pertinent papers
and documents | ||||||
10 | relating to the manufacture, purchase, sale, or disposition of
| ||||||
11 | tobacco products. Every sales invoice issued by a licensed | ||||||
12 | distributor to a retailer in this State shall contain the | ||||||
13 | distributor's Tobacco Products License number unless the | ||||||
14 | distributor has been granted a waiver by the Department in | ||||||
15 | response to a written request in cases where (i) the | ||||||
16 | distributor sells cigarettes only to retailers that are | ||||||
17 | wholly-owned by the distributor or owned by a wholly-owned | ||||||
18 | subsidiary of the distributor; (ii) the retailer obtains | ||||||
19 | cigarettes only from the distributor requesting the waiver; and | ||||||
20 | (iii) the distributor affixes the tax stamps to the original | ||||||
21 | packages of cigarettes sold to the retailer. The distributor | ||||||
22 | shall file a written request with the Department, and, if the | ||||||
23 | Department determines that the distributor meets the | ||||||
24 | conditions for a waiver, the Department shall grant the waiver . | ||||||
25 | (b) Every retailer, as defined in Section 10-5, shall keep | ||||||
26 | complete and accurate records of tobacco products held, |
| |||||||
| |||||||
1 | purchased, sold, or otherwise disposed of, and shall preserve | ||||||
2 | and keep all invoices, bills of lading, sales records, and | ||||||
3 | copies of bills of sale, returns and other pertinent papers and | ||||||
4 | documents relating to the purchase, sale, or disposition of | ||||||
5 | tobacco products. Such records need not be maintained on the | ||||||
6 | licensed premises, but must be maintained in the State of | ||||||
7 | Illinois; however, if access is available electronically, the | ||||||
8 | records may be maintained out of state. However, all original | ||||||
9 | invoices or copies thereof covering purchases of tobacco | ||||||
10 | products must be retained on the licensed premises for a period | ||||||
11 | of 90 days after such purchase, unless the Department has | ||||||
12 | granted a waiver in response to a written request in cases | ||||||
13 | where records are kept at a central business location within | ||||||
14 | the State of Illinois or in cases where records that are | ||||||
15 | available electronically are maintained out of state. The | ||||||
16 | Department shall adopt rules regarding the maintenance and | ||||||
17 | accessibility of records located out-of-State pursuant to the | ||||||
18 | waiver provided under this Act. | ||||||
19 | (c) Books, records, papers, and documents that are
required | ||||||
20 | by this Act to be kept shall, at all times during the usual | ||||||
21 | business
hours of the day, be subject to inspection by the | ||||||
22 | Department or its duly
authorized agents and employees. The | ||||||
23 | books, records, papers, and documents for
any period with | ||||||
24 | respect to which the Department is authorized to issue a notice
| ||||||
25 | of tax liability shall be preserved until the expiration of | ||||||
26 | that period.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-1055, eff. 1-1-16.)
| ||||||
2 | Section 15. The Prevention of Tobacco Use by
Minors and | ||||||
3 | Sale and Distribution of Tobacco Products Act is amended by | ||||||
4 | changing Section 2 as follows:
| ||||||
5 | (720 ILCS 675/2) (from Ch. 23, par. 2358)
| ||||||
6 | (Text of Section before amendment by P.A. 98-1055 ) | ||||||
7 | Sec. 2. Penalties. | ||||||
8 | (a) Any person who violates subsection (a), (a-5), or (a-6) | ||||||
9 | of Section 1
or Section 1.5 of this Act is guilty of a
petty | ||||||
10 | offense and
for the first offense
shall be fined $200, $400 for | ||||||
11 | the
second offense in a 12-month period, and
$600 for the third | ||||||
12 | or any
subsequent
offense in a 12-month period.
| ||||||
13 | (b) If a minor violates subsection (a-7) of Section 1 he or | ||||||
14 | she is guilty of a petty offense and the court may
impose a | ||||||
15 | sentence of 15 hours of
community
service or a fine of $25 for | ||||||
16 | a first violation.
| ||||||
17 | (c) A second violation by a minor of subsection (a-7) of | ||||||
18 | Section 1 that occurs
within 12 months after the first | ||||||
19 | violation is punishable by a fine of $50 and
25
hours of | ||||||
20 | community service.
| ||||||
21 | (d) A third or subsequent violation by a minor of | ||||||
22 | subsection (a-7) of Section
1
that
occurs within 12 months | ||||||
23 | after the first violation is punishable by a $100
fine
and 30 | ||||||
24 | hours of community service.
|
| |||||||
| |||||||
1 | (e) Any second or subsequent violation not within the | ||||||
2 | 12-month time period
after
the first violation is punishable as | ||||||
3 | provided for a first violation.
| ||||||
4 | (f) If a minor is convicted of or placed on supervision for | ||||||
5 | a violation of
subsection (a-7) of Section 1, the court may, in | ||||||
6 | its discretion, and upon
recommendation by the State's | ||||||
7 | Attorney, order that minor and his or her parents
or legal
| ||||||
8 | guardian to attend a smoker's education or youth diversion | ||||||
9 | program if that
program is available in the jurisdiction where | ||||||
10 | the offender resides.
Attendance at a smoker's education or | ||||||
11 | youth diversion program
shall be time-credited against any | ||||||
12 | community service time imposed for any
first violation of | ||||||
13 | subsection (a-7) of Section 1. In addition to any other
penalty
| ||||||
14 | that the court may impose for a violation of subsection (a-7) | ||||||
15 | of Section 1, the
court, upon request by the State's Attorney, | ||||||
16 | may in its discretion
require
the offender to remit a fee for | ||||||
17 | his or her attendance at a smoker's
education or
youth | ||||||
18 | diversion program.
| ||||||
19 | (g) For purposes of this Section, "smoker's education
| ||||||
20 | program"
or
"youth diversion program" includes, but is not | ||||||
21 | limited to, a seminar designed
to educate a person on the | ||||||
22 | physical and psychological effects of smoking
tobacco products | ||||||
23 | and the health consequences of smoking tobacco products
that | ||||||
24 | can be conducted with a locality's youth diversion program.
| ||||||
25 | (h) All moneys collected as fines for violations of | ||||||
26 | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
shall be |
| |||||||
| |||||||
1 | distributed in the following manner:
| ||||||
2 | (1) one-half of each fine shall be distributed to the | ||||||
3 | unit of local
government or other entity that successfully | ||||||
4 | prosecuted the offender;
and
| ||||||
5 | (2) one-half shall be remitted to the State to be used | ||||||
6 | for enforcing this
Act.
| ||||||
7 | (Source: P.A. 98-350, eff. 1-1-14.)
| ||||||
8 | (Text of Section after amendment by P.A. 98-1055 ) | ||||||
9 | Sec. 2. Penalties. | ||||||
10 | (a) Any person who violates subsection (a) or (a-5) of | ||||||
11 | Section 1 or Section 1.5 of this Act is guilty of a petty | ||||||
12 | offense. For the first offense in a 24-month period, the person | ||||||
13 | shall be fined $200 if his or her employer has a training | ||||||
14 | program that facilitates compliance with minimum-age tobacco | ||||||
15 | laws. For the second offense in a 24-month period, the person | ||||||
16 | shall be fined $400 if his or her employer has a training | ||||||
17 | program that facilitates compliance with minimum-age tobacco | ||||||
18 | laws. For the third offense in a 24-month period, the person | ||||||
19 | shall be fined $600 if his or her employer has a training | ||||||
20 | program that facilitates compliance with minimum-age tobacco | ||||||
21 | laws. For the fourth or subsequent offense in a 24-month | ||||||
22 | period, the person shall be fined $800 if his or her employer | ||||||
23 | has a training program that facilitates compliance with | ||||||
24 | minimum-age tobacco laws. For the purposes of this subsection, | ||||||
25 | the 24-month period shall begin with the person's first |
| |||||||
| |||||||
1 | violation of the Act. The penalties in this subsection are in | ||||||
2 | addition to any other penalties prescribed under the Cigarette | ||||||
3 | Tax Act and the Tobacco Products Tax Act of 1995. | ||||||
4 | (a-5) Any person who violates subsection (a) or (a-5) of | ||||||
5 | Section 1 or Section 1.5 of this Act is guilty of a petty | ||||||
6 | offense. For the first offense, the retailer shall be fined | ||||||
7 | $200 if it does not have a training program that facilitates | ||||||
8 | compliance with minimum-age tobacco laws. For the second | ||||||
9 | offense, the retailer shall be fined $400 if it does not have a | ||||||
10 | training program that facilitates compliance with minimum-age | ||||||
11 | tobacco laws. For the third offense, the retailer shall be | ||||||
12 | fined $600 if it does not have a training program that | ||||||
13 | facilitates compliance with minimum-age tobacco laws. For the | ||||||
14 | fourth or subsequent offense in a 24-month period, the retailer | ||||||
15 | shall be fined $800 if it does not have a training program that | ||||||
16 | facilitates compliance with minimum-age tobacco laws. For the | ||||||
17 | purposes of this subsection, the 24-month period shall begin | ||||||
18 | with the person's first violation of the Act. The penalties in | ||||||
19 | this subsection are in addition to any other penalties | ||||||
20 | prescribed under the Cigarette Tax Act and the Tobacco Products | ||||||
21 | Tax Act of 1995. | ||||||
22 | (a-6) For the purpose of this Act, a training program that | ||||||
23 | facilitates compliance with minimum-age tobacco laws must | ||||||
24 | include at least the following elements: (i) it must explain | ||||||
25 | that only individuals displaying valid identification | ||||||
26 | demonstrating that they are 18 years of age or older shall be |
| |||||||
| |||||||
1 | eligible to purchase cigarettes or tobacco products and ; (ii) | ||||||
2 | it must explain where a clerk can check identification for a | ||||||
3 | date of birth ; and (iii) it must explain the penalties that a | ||||||
4 | clerk and retailer are subject to for violations of the | ||||||
5 | Prevention of Tobacco Use by Minors and Sale and Distribution | ||||||
6 | of Tobacco Products Act . The training may be conducted | ||||||
7 | electronically. Each retailer that has a training program shall | ||||||
8 | require each employee who completes the training program to | ||||||
9 | sign a form attesting that the employee has received and | ||||||
10 | completed tobacco training. The form shall be kept in the | ||||||
11 | employee's file and may be used to provide proof of training.
| ||||||
12 | (b) If a minor violates subsection (a-7) of Section 1 he or | ||||||
13 | she is guilty of a petty offense and the court may
impose a | ||||||
14 | sentence of 25 hours of
community
service and a fine of $50 for | ||||||
15 | a first violation. If a minor violates subsection (a-6) of | ||||||
16 | Section 1, he or she is guilty of a Class A misdemeanor.
| ||||||
17 | (c) A second violation by a minor of subsection (a-7) of | ||||||
18 | Section 1 that occurs
within 12 months after the first | ||||||
19 | violation is punishable by a fine of $75 and 50
hours of | ||||||
20 | community service.
| ||||||
21 | (d) A third or subsequent violation by a minor of | ||||||
22 | subsection (a-7) of Section
1
that
occurs within 12 months | ||||||
23 | after the first violation is punishable by a $200
fine
and 50 | ||||||
24 | hours of community service.
| ||||||
25 | (e) Any second or subsequent violation not within the | ||||||
26 | 12-month time period
after
the first violation is punishable as |
| |||||||
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1 | provided for a first violation.
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2 | (f) If a minor is convicted of or placed on supervision for | ||||||
3 | a violation of
subsection (a-6) or (a-7) of Section 1, the | ||||||
4 | court may, in its discretion, and upon
recommendation by the | ||||||
5 | State's Attorney, order that minor and his or her parents
or | ||||||
6 | legal
guardian to attend a smoker's education or youth | ||||||
7 | diversion program if that
program is available in the | ||||||
8 | jurisdiction where the offender resides.
Attendance at a | ||||||
9 | smoker's education or youth diversion program
shall be | ||||||
10 | time-credited against any community service time imposed for | ||||||
11 | any
first violation of subsection (a-7) of Section 1. In | ||||||
12 | addition to any other
penalty
that the court may impose for a | ||||||
13 | violation of subsection (a-7) of Section 1, the
court, upon | ||||||
14 | request by the State's Attorney, may in its discretion
require
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15 | the offender to remit a fee for his or her attendance at a | ||||||
16 | smoker's
education or
youth diversion program.
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17 | (g) For purposes of this Section, "smoker's education
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18 | program"
or
"youth diversion program" includes, but is not | ||||||
19 | limited to, a seminar designed
to educate a person on the | ||||||
20 | physical and psychological effects of smoking
tobacco products | ||||||
21 | and the health consequences of smoking tobacco products
that | ||||||
22 | can be conducted with a locality's youth diversion program.
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23 | (h) All moneys collected as fines for violations of | ||||||
24 | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
shall be | ||||||
25 | distributed in the following manner:
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26 | (1) one-half of each fine shall be distributed to the |
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1 | unit of local
government or other entity that successfully | ||||||
2 | prosecuted the offender;
and
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3 | (2) one-half shall be remitted to the State to be used | ||||||
4 | for enforcing this
Act.
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5 | Any violation of subsection (a) or (a-5) of Section 1 or | ||||||
6 | Section 1.5 shall be reported to the Department of Revenue | ||||||
7 | within 7 business days. | ||||||
8 | (Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)
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9 | Section 95. No acceleration or delay. Where this Act makes | ||||||
10 | changes in a statute that is represented in this Act by text | ||||||
11 | that is not yet or no longer in effect (for example, a Section | ||||||
12 | represented by multiple versions), the use of that text does | ||||||
13 | not accelerate or delay the taking effect of (i) the changes | ||||||
14 | made by this Act or (ii) provisions derived from any other | ||||||
15 | Public Act.".
|