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.
 

6.72.070: LICENSEE RESPONSIBILITY:
 
For the purposes of this chapter, every licensee shall be deemed responsible for the unlawful acts of the licensee's agents or employees whether or not such licensee knowingly permits or has actual knowledge of such unlawful acts.
 
 

6.72.080: WARNING REQUIRED:
 
Every person engaged in the business of selling tobacco products, electronic cigarettes or alternative nicotine products 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 PERSONS UNDER 21 YERS OF AGE. Persons under 21 years of age shall be subject to a fine up to $500.00 under the provisions of the Elgin Municipal Code for purchasing tobacco products, electronic cigarettes or alternative nicotine products or misrepresenting his or her age for the purpose of purchasing or obtaining tobacco products, electronic cigarettes or alternative nicotine products.
 

6.72. 090: TOBACCO PRODUCT DISPLAYS:
 

A.        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 other tobacco products must be sold in line of sight.  The restrictions described in this Section do not apply to a retail tobacco store that (i) derives at least 90% of its revenue from tobacco and tobacco related products; (ii) does not permit persons under the age of 21 to enter the premises unless accompanied by a parent or legal guardian; and (iii) posts a sign on the main entrance way stating that persons under the age of 21 are prohibited from entering unless accompanied by a parent or legal guardian.
 

B.        This Section does not prohibit the sale of tobacco products, electronic cigarettes, or alternative nicotine products from vending machines 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 located in places to which persons under 21 years of age are not permitted access at any time or 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.
 
6.72.100: VIOLATION; PENALTY:
 

A.        Any person violating the provisions of this chapter shall be subject to a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
 

B.        Upon finding a person under 21 years of age guilty of violating the provisions of section 6.72.050 of this chapter, the court may enter a supervisory order where, in lieu of paying a fine as stated in subsection A of this section, such person under 21 years of age shall be ordered to attend a smoking cessation program conducted by an approved social service agency at a cost to the person under 21 years of age that is to be determined by the social service agency and the city. Upon the completion of such program, the person under 21 years of age shall return to court on an assigned date and present a certificate of completion from the social service agency providing the smoking cessation program. If the person under 21 years of age does not provide proof of satisfactorily completing the smoking cessation program at the return court date, the court may fine the person under 21 years of age in accordance with the penalties set forth in subsection A of this section."