City of Mendota, IL
La Salle County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Mendota as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 110.
Amusements — See Ch. 114.
[Adopted as Ch. 32, §§ 32.11 and 32.12, of the 1998 Code]

§ 278-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CIGARETTE VENDING MACHINE
Any device or machine designed to mechanically sell or vend cigarettes which is operated by the insertion or deposit therein of a coin or coins.

§ 278-2 License required; fee. [1]

It shall be unlawful to maintain for the use of patrons of any hotel, store, tavern, place of amusement, restaurant, gasoline service station or other place of business, or for the use of the public, a cigarette vending machine without a license therefor. The annual fee for such license shall be set from time to time by the City Council.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Original § 32.11(c) of the 1998 Code, prohibiting the sale of cigarettes via vending machine to minors, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 278-3 Violations and penalties. [1]

Any person violating this article shall be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted by Ord. No. 05-06-96 (Ch. 42, § 42.56, of the 1998 Code)]

§ 278-4 Definitions.

As used in this article, the following terms shall have the meanings indicated:
MINOR
A person who has not yet attained the age of 18 years of age.
PERSON
Any individual, firm, partnership, corporation, company, association, joint venture or any employee or agent thereof.
ROLLING PAPER
That paper product customarily used to insert loose tobacco and, by rolling, make into a cigarette.
SMOKING MATERIALS
Any substance containing either smoking herbs or tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, loose tobacco, snuff, chewing or dipping tobacco, and also includes rolling paper.
VENDING MACHINE
Any mechanical, electric or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses smoking materials.

§ 278-5 Prohibited sale or delivery.

A. 
It shall be unlawful for any person to sell, offer for sale, give away or deliver smoking materials to any person under the age of 18 years.
B. 
If any person contemplating the sale or furnishing of smoking materials believes or has reason to believe that a sale or delivery of smoking materials is prohibited because the prospective recipient is a minor, he shall, before making such sale or delivery, demand presentation of some form of positive identification, containing proof of age.

§ 278-6 Warning signs.

A. 
Every person engaged in the business of selling smoking materials shall at all times display signs informing the public of the age restriction provided for herein. The sign shall be posted by every licensee at or near every display of smoking materials and on or upon every vending machine which offers smoking materials for sale. Each such sign shall be plainly visible and shall state:
THE SALE OF SMOKING MATERIALS TO PERSONS UNDER
18 YEARS OF AGE IS PROHIBITED BY LAW
B. 
The text of such signs shall be in red letters on a white background, said letters to be at least one inch high.

§ 278-7 Purchase by minors prohibited.

It shall be unlawful for any person under the age of 18 years to purchase smoking materials, or to misrepresent his or her identity or age, or to use any false or altered identification for the purpose of purchasing smoking materials.

§ 278-8 Possession by minors prohibited.

It shall be unlawful for any person under the age of 18 years to possess any smoking materials, provided that the possession by a person under the age of 18 years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited.

§ 278-9 Responsibility for acts of agents and employees.

Every act or omission of any nature which constitutes a violation of any of the provisions of this article by any officer, director, manager or other agent or employee of any person owning a business open to the public in the City of Mendota shall be deemed and held to be the act of such owner; and such owner shall be punishable in the same manner as if such act or omission had been done or omitted by the owner personally.

§ 278-10 Violations and penalties. [1]

Any person found to have violated any provision of this article shall be fined no more than $200 for the first offense, no more than $400 for the second offense committed within a twelve-month period, and no more than $600 for each subsequent occurrence within a twelve-month period.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).