For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:

"Tobacco products" means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.

"Vending machines" means any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products. (Ord. 96-1447 § 1 (part), 1996)

(a) It is unlawful for any person within the village to sell tobacco product unless that person possesses a valid tobacco retailer’s license from the village for each location where tobacco sales are conducted. The license shall be good for a one-year term if the licensee complies with the provisions of this regulation.

(b) Application for a tobacco retailer’s license shall be submitted in the name of the person proposing to conduct such sales of tobacco products and shall be signed by such person or his agents.

(c) All applications shall be submitted on a form supplied by the village and be accompanied by the required one hundred dollar license fee.

(d) The application shall contain at least the following information:

(1) The name, home address, home telephone number, date and place of birth, and social security number of the applicant, if the applicant is an individual;

(2) The names, addresses, telephone numbers, and social security numbers of any partners or corporate officers;

(3) The business name, address, and telephone number of the establishment where tobacco is to be sold;

(4) Any and all other information deemed necessary by the village. (Ord. 96-1447 § 1 (part), 1996)

No person or persons in the village shall sell, buy or furnish any cigar, cigarette or tobacco in any of its forms, to any minor under eighteen years of age. (Ord. 96-1447 § 1 (part), 1996)

It is unlawful for any person under the age of eighteen years to possess any tobacco products; provided that the possession by a person under the age of eighteen years is 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. (Ord. 96-1447 § 1 (part), 1996)

It is unlawful for any person under the age of eighteen years to purchase tobacco products or to misrepresent their identity or age or use any false or altered identification for the purpose of purchasing tobacco products. (Ord. 96-1447 § 1 (part), 1996)

It is unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under eighteen years of age to sell tobacco products in any licensed premises. (Ord. 96-1447 § 1 (part), 1996)

Signs informing the public of the age restrictions provided for therein shall be posted by every licensee at or near every display of tobacco products which offers tobacco products for sale. Each such sign shall be plainly visible and shall state:

"THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN (18) YEARS OF AGE IS PROHIBITED BY LAW."

(Ord. 96-1447 § 1 (part), 1996)

It is unlawful for any licensee or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any such licensee or person, in the course of such licensee’s or person’s business to distribute, give away or deliver tobacco products free of charge to any person on any right-of-way, park, playground or other property owned by the village, any school district or any park district. (Ord. 96-1447 § 1 (part), 1996)

It is unlawful for any person, business, officer, director, manager or other agent or employee of any licensee to sell or offer for sale, give away, deliver or to keep with the intention of selling, giving away or delivering tobacco products by use of a vending machine within the corporate limits of the village. (Ord. 96-1447 § 1 (part), 1996)

It shall be unlawful to sell, offer for sale, give away or display tobacco products for sale at any location where the customer can acquire those products through self-service. All tobacco products will be displayed from behind a sales/service counter so that no consumer can access tobacco products without the assistance by an employee of the licensee. This restriction shall not apply to customer self-service from vending machines as defined in Section 7.96.010 and described in Section 7.96.090. (Ord. 01-1577 § 1, 2002)

Every action or omission of whatsoever nature, consisting a violation of any of the provisions of this chapter by an officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee; and such licensee shall be punishable in the same manner as if such act or omission had been done or omitted by the licensee personally. (Ord. 96-1447 § 1 (part), 1996)

(a) The president of the village shall be charged with the administration of this chapter. The president may suspend or revoke any license issued under the provisions of this chapter, if he determines that the licensee has violated any of the provisions of this chapter. In lieu of suspension or revocation of a license, the president may instead levy a fine on the licensee. The fine imposed shall not be less than two hundred dollars and not exceed five hundred dollars for each violation. Each day on which a violation continues shall constitute a separate violation.

(b) However, no such license shall be suspended or revoked and no licensee shall be fined except after a public hearing by the president with a seven-day written notice to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice. The seven-day notice provisions shall begin the day following delivery by certified mail or by personal service.

(c) The president shall within seven days after such hearing, if he determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reason for such determination in a written order and either the amount of the fine, the period of suspension or that the license has been revoked and serve a copy of such order within the seven days upon the licensee.

(d) Any licensee determined by the president to have violated any of the provisions of this chapter shall pay to the village the costs of the hearing before the president on such violation. The president shall determine the costs incurred by the village for said hearing, including, but not limited to: court reporter’s fees, the costs of transcripts or records, attorneys’ fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the village or such lesser sum as the president may allow.

(e) The licensee shall pay said costs to the village within thirty days of notification of the costs by the president. Failure to pay said costs within thirty days of notification is a violation of this chapter and may be cause for license suspension or revocation, or the levy of a fine. (Ord. 96-1447 § 1 (part), 1996)

When any license shall have been revoked for any cause, no license shall be granted to said licensee for the period of six months thereafter for the conduct of the business of selling tobacco products as defined in Section 7.96.010 in the premises described in such revoked license. (Ord. 96-1447 § 1 (part), 1996)

Any person under the age of eighteen years who violates any other provision of this chapter shall be fined not less than twenty-five dollars nor more than two hundred dollars for each offense. Each day such violation shall continue shall constitute a separate offense. Additionally, each person will be required to attend a program designed to educate the viewer as to the effects and hazards of smoking or use of tobacco products. For any subsequent violation of this chapter, the violator may be sentenced to perform up to but not to exceed forty hours of public or community service. (Ord. 96-1447 § 1 (part), 1996)