6.72.060: PROHIBITED LOCATIONS:
A tobacco dealer license shall not be issued to any person seeking to sell or distribute tobacco products at any place located within one hundred feet (100') of any building or other location used primarily as a school, childcare facility, or for the education or recreation of children under eighteen (18) years of age. This prohibition shall not apply to those businesses engaged in the retail sale of tobacco products at a location that would otherwise be prohibited under this section that were in existence prior to the effective date of this section. This exemption shall apply to any new owner at the same location providing the same services. (Ord. G42-02 § 1, 2002)
6.72.090: WARNING REQUIRED:
Every person engaged in the business of selling cigarettes, cigars, smoking papers, pipes of all types, pipe and other loose tobacco and smoking herbs shall display at all times in a prominent place in his or her place of business a printed card, which shall be issued by the city and which shall read substantially as follows:
WARNING TO MINORS. Minors shall be subject to a fine up to $500.00 under the provisions of the Elgin Municipal Code for purchasing smoking materials or misrepresenting his or her age for the purpose of purchasing or obtaining smoking materials.
(Ord. G42-02 § 1, 2002; Ord. G67-01 § 1, 2001)
6.72.100: MINORS; PURCHASE AND POSSESSION:
No minor shall purchase, accept, possess or consume any cigarette, cigar, smoking papers, pipe of any type, smokeless tobacco or tobacco in any of its forms. (Ord. G42-02 § 1, 2002; Ord. G67-01 § 1, 2001)
6.72.110: DISPLAY OF TOBACCO PRODUCTS:
It shall be unlawful for any person, business or tobacco dealer to sell, offer for sale, give away, or display tobacco products for sale at any location by means of self-service merchandising. All tobacco products shall be displayed from behind a sales or service counter so that no customer can access tobacco products without receiving assistance from an employee of the licensee, subject to the following exceptions:
A. A tobacco specialty store shall not be required to display premium cigars, pipe tobacco and chewing tobacco from behind a sales or service counter nor shall a customer in any such tobacco specialty store be required to receive assistance from an employee of the tobacco specialty store when accessing premium cigars, pipe tobacco or chewing tobacco. Any such tobacco specialty store licensee shall display cigarettes from behind a sales or service counter so that no customer can access the cigarette products without receiving assistance from an employee of the licensee.
B. The prohibitions of this section shall not apply to a consumer self-service tobacco vending machine provided that any such self-service tobacco vending machine is operated in a location that is not open to the public. (Ord. G42-02 § 1, 2002)