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O-08-10VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -08 -10 AN ORDINANCE AMENDING SECTION 15 -23.2 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 21st day of April , 2008. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 21st day of April , 2008. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -08 -10 AN ORDINANCE AMENDING SECTION 15 -23.2 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD WHEREAS, Section 15 -23.2 of the Municipal Code of the Village of Deerfield prohibits the sale and delivery of tobacco or smokeless tobacco in any form to a minor under eighteen (18) years of age, unless the minor possesses the written order of the minor's parent or guardian; and, WHEREAS, the Sale of Tobacco to Minors Act (720 ILCS 675/1, et seq.) and the Smokeless Tobacco Limitation Act do not permit the sale or delivery of tobacco products to any minor under eighteen (18) years of age, with or without a written order of the minor's parent or guardian; and, WHEREAS, the corporate authorities of the Village of Deerfield are of the opinion that the prohibitions in the Deerfield Municipal Code on the sale or delivery of tobacco products to a minor under eighteen (18) years of age should be no less stringent than the state -wide requirements contained in the Sale of Tobacco to Minors Act and the Smokeless Tobacco Limitation Act; 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 Section 15 -23.2 of Article 2, "Offenses Against Public Morals," of Chapter 15, "Morals and Conduct," of the Municipal Code of the Village of Deerfield be and the same is hereby amended to read as follows (additions and deletions are indicated, respectively, by underlining and by strikethrough markings): Sec. 15 -23.2. Sales of Tobacco or Smokeless Tobacco to Minors Prohibited: No minor under eighteen (18) years of age shall buy any cigar, cigarette, smokeless tobacco or tobacco in any of its forms; tmless miner's upon the %Tit4en order- ef the . No person shall sell, buy for, distribute samples of or furnish any cigar, cigarette, smokeless tobacco or tobacco in any of its forms, to any minor under eighteen (18) years of age, unless upon the �witten order- ef ____ parent guafdian »teas sold in the of s e.. parent or- guar-diafl. For the purpose of this Section, "smokeless tobacco means any finely cut, ground, powdered. or leaf tobacco that is intended to be placed in the oral cavity." dipping or- ehewing." SECTION 2: 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. SECTION 3: 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. [This Space left Blank Intentionally] PASSED this 21st day of April , 2008. AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 21st c ATTEST: Villa e Clerk -3-