RETAIL TOBACCO DEALERS (4-64-500 et seq.)

Municipal Code of Chicago tit. 4, ch. 4-64, art. V

in effect

Municipal Code of Chicago § 4-64-500 Additional legal duties - Retail tobacco dealers.

4-64-500 Additional legal duties - Retail tobacco dealers. In addition to the applicable legal duties set forth Chapter 4-4 of this Code and in Article III of this Chapter, each licensee engaged in the business of retail tobacco dealer shall have the following duties: (1) Recordkeeping. At the time of the transaction, keep a written record in English of all purchases of cigarettes. Such record shall set forth: (i) the name and address of the place of business of the person from whom the cigarettes were purchased, (ii) the date of the transaction, (iii) the seller's invoice number, (iv) the seller's tobacco license number, and (v) a description of the cigarettes purchased. The records required under this subsection, and all cigarettes purchased, received or kept for sale by every retail tobacco dealer, shall be open for inspection, at all reasonable times, by the Commissioner or Comptroller or their respective designees or by any duly authorized member of the Department of Police, Department of Business Affairs and Consumer Protection or Department of Finance. (2) Cigarettes purchased from non-City-licensed wholesalers. If cigarettes are purchased from any source, other than a person holding a valid tobacco license under this Chapter to engage in the business of wholesale tobacco dealer, make out and deliver a report to the Department of Finance or Department of Business Affairs and Consumer Protection, within 24 hours after such purchase, identifying: (i) the name and residential or business address of the person from whom the purchase of cigarettes was made, (ii) the quantity of cigarettes purchased, and (iii) a description of the cigarettes purchased. (3) Cooperation with inspections – Required. (i) Licensees and their agents who sell tobacco shall present valid government-issued identification when an authorized City investigator has identified himself and requested such identification. (ii) Licensees and their agents shall be prohibited from closing and locking safe doors and other doors, including but not limited to doors to closets and storerooms, when an authorized City investigator has identified himself and announced his intention to inspect the premises for compliance with the requirements of this Code. (iii) Licensees and their agents shall immediately stop selling cigarettes and other tobacco products when an authorized City investigator has identified himself and announced his intention to inspect the premises for compliance with the requirements of this Code. (iv) Within thirty minutes of the arrival of any authorized City investigator charged with responsibility for inspecting the licensed premises, the licensee shall have a person available on site to open any locked safe or door where unstamped cigarettes may be hidden. (v) The failure by a licensee or such licensee's agent to comply with this subsection (3) shall subject the licensee to the applicable penalty set forth in Section 4-64-900. (4) Warning sign for other tobacco products – Required. (i) If the licensee sells other tobacco products at the licensed location, the licensee shall post a current and legible warning sign meeting the requirements of this paragraph (4)(i). Such warning sign shall: (a) be posted by the licensee at each public entrance to the licensed premises; and (b) be clearly visible to all persons entering the licensed premises. The warning sign required under this paragraph (4)(i) shall be: (A) designed and approved for content by the Department of Public Health in accordance with subsection (f) of Section 4-64-220; (B) made available to the licensee on the respective websites of the Department of Public Health and Department of Business Affairs and Consumer Protection, for viewing, downloading, printing and posting by the licensee. (ii) The Department of Business Affairs and Consumer Protection and Department of Public Health are authorized to enforce this paragraph (4). (iii) Prior to promulgating rules to implement this paragraph (4), the Department of Business Affairs and Consumer Protection shall consult with the Department of Public Health; provided, however, that the Department of Public Health shall be exclusively responsible for the content of the warning sign, which shall meet the minimum standards in Section 4-64-220(f), and for promulgating rules pertaining to its content. (5) Sales data – Required. (i) The licensee must keep sales data, by product, on the percentage, dollar value, and number of units sold for each of the following products: loose tobacco, cigarettes, cigarillos, cigars, pipes, other smoking devices and accessories, hookahs and related products, electronic cigarettes, liquid nicotine products, and electronic cigarette accessories. (ii) Such records shall be open for inspection, at all reasonable times, by the Commissioner or Comptroller or the Commissioner of Public Health or their respective designees or by any duly authorized member of the Department of Police, Department of Business Affairs and Consumer Protection, Department of Finance, or Department of Public Health. (iii) The failure by a licensee or such licensee's agent to comply with this subsection (5) shall subject the licensee to the applicable penalty set forth in Section 4-64-900. (Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 8; Amend Coun. J. 4-18-18, p. 76348, § 10; Amend Coun. J. 1-18-23, p. 59711, § 1)

Municipal Code of Chicago § 4-64-510 Additional prohibited acts - Retail tobacco dealers.

4-64-510 Additional prohibited acts - Retail tobacco dealers. In addition to the applicable prohibited acts set forth in Chapter 4-4 of this Code and in Article III of this Chapter, it shall be unlawful for any person engaged in the business of retail tobacco dealer to: (1) Use a self-service display or cigarette vending machine, as defined in Section 4-64-100. (2) Display any tobacco product or tobacco accessories, as defined in Section 4-64-100, or any electronic cigarette or liquid nicotine product, as defined in Section 3-47-020, or other liquid, gel, or other solution intended to be used in an electronic cigarette, except: (i) behind a retail sales counter; and (ii) accessible only to the licensee or his agent or employee. This paragraph (2) shall not apply to any flavored liquid nicotine product, or a retail tobacco store, as defined in Section 7-32-010. (3) Display any flavored liquid nicotine product. (4) Violate the Illinois Drug Paraphernalia Control Act. (5) Purchase cigarettes from any person other than a wholesale tobacco dealer. (6) Purchase cigarettes from any wholesale tobacco dealer within the City that is not properly licensed under this Chapter to engage in the business of wholesale tobacco dealer. (Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 9-20-18, p. 83345, § 2; Amend Coun. J. 9-9-20, p. 20071, § 3; Amend Coun. J. 1-18-23, p. 59711, § 1)

Municipal Code of Chicago § 4-64-515 Prohibited locations - Retail tobacco dealers.

4-64-515 Prohibited locations - Retail tobacco dealers. (a) No person engaged in the business of retail tobacco dealer shall sell, give away, barter, exchange or otherwise deal in tobacco products, tobacco accessories, or electronic cigarette accessories at any location that has a property line within 100 feet of the property line of any building or other location used primarily as a school, child care facility, or for the education or recreation of children under 18 years of age. (b) No person engaged in the business of retail tobacco dealer shall sell, give away, barter, exchange, or otherwise deal in flavored tobacco products, tobacco accessories, or electronic cigarette accessories at any location that has a property line within 500 feet of the property line of any public, private, or parochial secondary school located in the City of Chicago. This subsection (b) shall not apply to retail tobacco stores. For purposes of this subsection, "retail tobacco store" has the meaning ascribed to that term in Section 7-32-010. (c) The Commissioner of Business Affairs and Consumer Protection shall not issue any new tobacco license to engage in the business of retail tobacco dealer at any location that has a property line within 500 feet of the property line of any public, private, or parochial secondary school located in the City of Chicago. This subsection (c) shall not apply to: (1) renewals of licenses existing as of December 31, 2016, or (2) applications for a new tobacco license to engage in the business of retail tobacco dealer pursuant to a purchase of a retail tobacco business at a location that holds such a license on or after December 31, 2016. (d) Except for businesses holding a valid retail tobacco dealer license on February 4, 2023, the Commissioner of Business Affairs and Consumer Protection shall not issue any new retail tobacco dealer license for a retail tobacco store, as defined by Section 7-32-010, that has a property line within 1,000 feet of the property line of any existing retail tobacco store, as defined by Section 7-32-010. This section shall not apply to: (1) renewals of licenses existing as of February 4, 2023; or (2) applications for a new retail tobacco dealer license pursuant to a purchase of a retail tobacco business at a location that holds such a license on or after February 4, 2023. (e) Except for businesses holding a valid retail tobacco dealer license on February 4, 2023, the Commissioner of Business Affairs and Consumer Protection shall not issue any new retail tobacco dealer license for a retail vape store that has a property line within 1,000 feet of the property line of any existing licensed retail tobacco dealer. This section shall not apply to: (1) renewals of licenses existing as of February 4, 2023; or (2) applications for a new retail tobacco dealer license pursuant to a purchase of a retail tobacco business at a location that holds such a license on or after February 4, 2023. (f) The Commissioner of Business Affairs and Consumer Protection shall not issue any new retail tobacco dealer license or renew any existing retail tobacco dealer license for a retail tobacco store, as defined by Section 7-32-010, within the Midway Residential Area, as defined in Section 4-4-331. (g) The Commissioner of Business Affairs and Consumer Protection and the Commissioner of Health are hereby authorized to promulgate rules necessary or appropriate to enforce this section. (Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 11; Amend Coun. J. 1-18-23, p. 59711, § 1; Amend Coun. J. 1-15-25, p. 23282, § 3)

Municipal Code of Chicago § 4-64-520 Restrictions on hiring persons under 21 years of age.

4-64-520 Restrictions on hiring persons under 21 years of age. (a) Persons engaged in the business of retail tobacco dealer may engage, employ or permit a person under 21 years of age to work on the licensed premises, if the person under 21 years of age has no duties relating to the sale, dispensing, service or delivery of tobacco products on the premises. (b) A licensee who engages, employs or permits a person under 21 years of age to work pursuant to subsection (a) of this section shall not assign or permit that person to perform any duties or acts relating to the sale, dispensing, service or delivery of tobacco products on the premises. (c) A licensee who engages, employs or permits persons under 21 years of age to work as allowed in subsection (a) of this section shall comply with the Illinois Child Labor Law in connection with the employment of any person under the age of 16 years. (d) A licensee who engages, employs or permits persons under 21 years of age to work as allowed in subsection (a) of this section shall be responsible for ensuring that such person does not consume, obtain or possess tobacco products on the licensed premises. (Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5)

Municipal Code of Chicago § 4-64-530 Issuance of licenses to retail tobacco dealers - Additional requirements.

4-64-530 Issuance of licenses to retail tobacco dealers - Additional requirements. (a) Publication of public notice. Within five days after payment of the license fee for a tobacco license to engage in the business of retail tobacco dealer, the Commissioner shall publish a notice on the Department’s public website that includes: (1) a statement that an application has been made for a license to engage in the business of retail tobacco dealer; (2) the date on which the license fee was paid; (3) the applicant’s name; (4) the street address of the premises covered by the application; and (5) a statement that any objection to the granting of the license may be made to the Commissioner, in writing, signed by the objector, within 35 days after the date the license fee was paid, and shall set forth the specific grounds of the objection. (b) Posting at premises. Within five days after payment of the license fee for a tobacco license to engage in the business of retail tobacco dealer, the applicant shall post, in a location clearly visible from the public way at the premises described in the application, a notice containing the information specified in subsection (a) of this section. The applicant shall maintain the notice until the Commissioner issues a final determination regarding the application. (c) Notice to local officials. Within five days after payment of the license fee for a tobacco license to engage in the business of retail tobacco dealer, the Commissioner shall issue written notice to the alderman of the ward and the commander of the police district in which the premises described in the application is located, providing the information specified in subsection (a) of this section and the applicant’s current contact information. (d) Review and determination. (1) The Commissioner shall review the application materials and any written objections to the granting of the tobacco license to engage in the business of retail tobacco dealer. The review period shall be no fewer than 35 days and no longer than 90 days after the date the license fee is paid. (2) The Commissioner shall deny an application if the applicant fails to satisfy the requirements of this chapter. The Commissioner may deny an application if the issuance of the license would tend to create a law enforcement problem or have a deleterious impact on the health, safety, or welfare of the community in which the licensed premises would be located. (3) A deleterious impact is presumed to exist whenever there have been a substantial number of arrests within 500 feet of the applicant’s premises, measured from the nearest exterior wall of the premises, within the previous two years, unless the applicant has adopted a plan of operation that will provide reasonable assurance that the issuance of the license will not have a deleterious impact. (4) If the applicant is seeking a license for premises for which, within the previous two years, a license application has been denied under this subsection (d) because the Commissioner determined that issuance of the license would have a deleterious impact on the health, safety, or welfare of the community, the application shall be denied unless the applicant demonstrates that the applicant has adopted a plan of operation that will provide reasonable assurance that the issuance of the license will not have a deleterious impact. (5) If the Commissioner determines that an application must be denied because the issuance of the license would have a deleterious impact on the health, safety, or welfare of the community, the Commissioner shall notify the applicant of that determination and afford the applicant 20 days to submit a plan of operation. The time for a final determination on the application shall be stayed until 35 days after the period in which the plan may be submitted has expired. (6) A plan of operation may include conditions upon the applicant’s operation of the premises that are useful or necessary to mitigate a deleterious impact, including but not limited to, providing security personnel; restricting hours of operation; providing outdoor lighting; displaying signs; providing trash pickup services; or imposing any other reasonable restrictions on business practices. (7) Failure to adhere to a written plan of operation approved by the Commissioner pursuant to this subsection (d) constitutes grounds for the imposition of a fine and for the suspension or revocation of any license subsequently issued, as appropriate. (8) Nothing in this subsection (d) authorizes the issuance of a tobacco license when such issuance is otherwise prohibited under law. (e) Minimum issuance period. No tobacco license to engage in the business of retail tobacco dealer shall be issued prior to the expiration of 35 days after the date the license fee is paid. (f) Other legal requirements. The requirements of this section are in addition to the applicable requirements set forth in Chapters 4-4 and 4-64 of this Code. (Added Coun. J. 2-18-26, p. 40468, § 2)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2632377Fetched: 10/24/2026