O-16-38VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -16 -38
AN ORDINANCE INCREASING THE MINIMUM LEGAL
AGE FOR THE PURCHASE, SALE AND POSSESSION OF TOBACCO
PRODUCTS AND E- CIGARETTES TO TWENTY -ONE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
19th day of December , 2016.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
19th day of December 1 2016.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -16 -38
AN ORDINANCE INCREASING THE MINIMUM LEGAL
AGE FOR THE PURCHASE, SALE AND POSSESSION OF TOBACCO
PRODUCTS AND E- CIGARETTES TO TWENTY -ONE
WHEREAS, the Village of Deerfield is a home rule unit of government pursuant to the
provisions of Article VII, Section 6 of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of local government, the Village may exercise any power
and perform any function pertaining to its government and affairs except as limited by Article VII,
Section 6; and
WHEREAS, the Village regulates the retail sale of tobacco products and e- cigarettes to
persons under eighteen (18) years of age pursuant to Section 15 -23.2 of the Municipal Code of the
Village of Deerfield, as amended (the "Village Code "); and
WHEREAS, the Village also prohibits the possession of tobacco products and e- cigarettes
by persons under eighteen (18) years of age pursuant to Section 15 -23.3 of the Village Code; and
WHEREAS, studies indicate that 95% of all adult smokers started smoking before they
turned twenty -one (2 1) years old; and
WHEREAS, studies also indicate that people who begin smoking at an early age are more
likely to develop a severe addiction to nicotine than those who start at a later age; and
WHEREAS, the rates of tobacco and e- cigarette use have decreased significantly in
jurisdictions for which the minimum sales age for tobacco products has been increased to twenty-
one (2 1) years; and
WHEREAS, establishing twenty -one (2 1) as the minimum legal sales age for the purchase
and possession of tobacco and e- cigarettes is consistent with the minimum age for the purchase
and possession of alcoholic liquor and will make enforcement and compliance issues simpler for
retailers in the Village.
WHEREAS, the corporate authorities of the Village of Deerfield have determined that it
is in the interest of public health, safety and welfare to increase the minimum legal sales age for
purchase of tobacco products and of e- cigarettes to twenty -one (21) years, and to prohibit the
possession of tobacco products and e- cigarettes by persons under twenty -one (2 1) years of age;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
in the exercise of its home rule powers, as follows:
SECTION 1: That the above and foregoing recitals are hereby incorporated into and made
a part of this Ordinance as if fully set forth herein.
SECTION 2: That Paragraph (a) of Section 15 -23.2 entitled "Sales of Tobacco,
Smokeless 'Tobacco, E- Cigarettes, or Alternative Nicotine Products to Minors Prohibited" is
hereby amended to read as follows (additions are indicated by underlining and deletions are
indicated byke l markings):
(a) No fniner ern son under eighteen (18) twenty -one (211 years of age shall buy
any e- cigarette, alternative nicotine product, cigar, cigarette, smokeless tobacco or
tobacco in any of its forms. No person shall sell, buy for, distribute samples of or
furnish any e- cigarette, alternative nicotine product, cigar, cigarette, smokeless
tobacco or tobacco in any of its forms, to any Fainer pe n under eighteen (18)
twenty -one (211 years of age.
SECTION 3: That Section 15 -23.3 entitled "Possession of Tobacco, Smokeless Tobacco,
E- Cigarettes, or Alternative Nicotine Products by Minors Prohibited" be and the same is hereby
amended to read as follows:
-2-
Sec. 15 -23.3. Possession of Tobacco, Smokeless Tobacco, E- Cigarettes, or
Alternative Nicotine Products by (�9iners Persons Under the Aee of Twenty -One
72D Prohibited:
(a) Violation. No t}titte under eighteen (F8} wentv-one"years of age,
to whom the sale of tobacco, "smokeless tobacco', "e- cigarette' or "alternative
nicotine product ", as defined in section 15 -23.2 of this article, is prohibited because
of his or her age, shall knowingly possess any tobacco, smokeless tobacco, e-
cigarette or alternative nicotine product.
(b) Penalty: Any Faine - person in violation of the provisions under this section
shall be issued a compliance ticket pursuant to section 22 -160A of this code in lieu
of a citation or arrest warrant for each offense.
SECTION 4: That this Ordinance, and each of its terms, shall be the effective
legislative act of a home rule municipality without regard to whether such Ordinance
should: (a) contain terms contrary to the provisions of current or subsequent non -
preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to
municipalities by state law. It is the intent of the corporate authorities of the Village of
Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any
non - preemptive state law, this Ordinance shall supersede state law in that regard within its
jurisdiction.
[This Space Left Blank Intentionally]
-3-
SECTION 5: 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: provided,
however, that the effective date will not occur prior to
PASSED this 19th day of December 2016.
AYES: Farkas, Nadler, Seiden, Shapiro, Struthers
NAYS: Jester
ABSENT: None
ABSTAIN: None
APPROVED this 19th day of December , 2016.
ATTEST:
Villa ge Clerl
ME
Village President
2017.