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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.