(720 ILCS 678/2)
Sec. 2. Definitions. For the purpose of this Act:
"Cigarette", when used in this Act, means any roll for smoking made wholly or in part of tobacco irrespective of size or shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, and the wrapper or cover of which is made of paper or any other substance or material except whole leaf tobacco.
"Clear and conspicuous statement" means the statement is of sufficient type size to be clearly readable by the recipient of the communication.
"Consumer" means an individual who acquires or seeks to acquire cigarettes for personal use.
"Delivery sale" means any sale of cigarettes to a consumer if:
(a) the consumer submits the order for such sale by
| means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or | |
(b) the cigarettes are delivered by use of a common |
| carrier, private delivery service, or the mails, or the seller is not in the physical presence of the buyer when the buyer obtains possession of the cigarettes. | |
"Delivery service" means any person (other than a person |
| that makes a delivery sale) who delivers to the consumer the cigarettes sold in a delivery sale. | |
"Department" means the Department of Revenue.
"Government‑issued identification" means a State driver's |
| license, State identification card, passport, a military identification or an official naturalization or immigration document, such as an alien registration recipient card (commonly known as a "green card") or an immigrant visa. | |
"Mails" or "mailing" mean the shipment of cigarettes |
| through the United States Postal Service. | |
"Out‑of‑state sale" means a sale of cigarettes to a |
| consumer located outside of this State where the consumer submits the order for such sale by means of a telephonic or other method of voice transmission, the mails or any other delivery service, facsimile transmission, or the Internet or other online service and where the cigarettes are delivered by use of the mails or other delivery service. | |
"Person" means any individual, corporation, partnership, |
| limited liability company, association, or other organization that engages in any for‑profit or not‑for‑profit activities. | |
"Shipping package" means a container in which packs or |
| cartons of cigarettes are shipped in connection with a delivery sale. | |
"Shipping documents" means bills of lading, air bills, or |
| any other documents used to evidence the undertaking by a delivery service to deliver letters, packages, or other containers. | |
(Source: P.A. 95‑1053, eff. 1‑1‑10; 96‑782, eff. 1‑1‑10.) |
(720 ILCS 678/5)
Sec. 5. Unlawful shipment or transportation of cigarettes.
(a) It is unlawful for any person engaged in the business of selling cigarettes to ship or cause to be shipped any cigarettes unless the person shipping the cigarettes:
(1) is licensed as a distributor under either the
| Cigarette Tax Act, or the Cigarette Use Tax Act; or delivers the cigarettes to a distributor licensed under either the Cigarette Tax Act or the Cigarette Use Tax Act; or | |
(2) ships them to an export warehouse proprietor |
| pursuant to Chapter 52 of the Internal Revenue Code, or an operator of a customs bonded warehouse pursuant to Section 1311 or 1555 of Title 19 of the United States Code. | |
For purposes of this subsection (a), a person is a |
| licensed distributor if the person's name appears on a list of licensed distributors published by the Illinois Department of Revenue. The term cigarette has the same meaning as defined in Section 1 of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax Act. Nothing in this Act prohibits a person licensed as a distributor under the Cigarette Tax Act or the Cigarette Use Tax Act from shipping or causing to be shipped any cigarettes to a registered retailer under the Retailers' Occupation Tax Act provided the cigarette tax or cigarette use tax has been paid. | |
(b) A common or contract carrier may transport cigarettes |
| to any individual person in this State only if the carrier reasonably believes such cigarettes have been received from a person described in paragraph (a)(1). Common or contract carriers may make deliveries of cigarettes to licensed distributors described in paragraph (a)(1) of this Section. Nothing in this subsection (b) shall be construed to prohibit a person other than a common or contract carrier from transporting not more than 1,000 cigarettes at any one time to any person in this State. | |
(c) A common or contract carrier may not complete the delivery of any cigarettes to persons other than those described in paragraph (a)(1) of this Section without first obtaining from the purchaser an official written identification from any state or federal agency that displays the person's date of birth or a birth certificate that includes a reliable confirmation that the purchaser is at least 18 years of age; that the cigarettes purchased are not intended for consumption by an individual who is younger than 18 years of age; and a written statement signed by the purchaser that certifies the purchaser's address and that the purchaser is at least 18 years of age. The statement shall also confirm: (1) that the purchaser understands that signing another person's name to the certification is illegal; (2) that the sale of cigarettes to individuals under 18 years of age is illegal; and (3) that the purchase of cigarettes by individuals under 18 years of age is illegal under the laws of Illinois.
(d) When a person engaged in the business of selling |
| cigarettes ships or causes to be shipped any cigarettes to any person in this State, other than in the cigarette manufacturer's or tobacco products manufacturer's original container or wrapping, the container or wrapping must be plainly and visibly marked with the word "cigarettes". | |
(e) When a peace officer of this State or any duly |
| authorized officer or employee of the Illinois Department of Public Health or Department of Revenue discovers any cigarettes which have been or which are being shipped or transported in violation of this Section, he or she shall seize and take possession of the cigarettes, and the cigarettes shall be subject to a forfeiture action pursuant to the procedures provided under the Cigarette Tax Act or Cigarette Use Tax Act. | |
(Source: P.A. 95‑1053, eff. 1‑1‑10; 96‑782, eff. 1‑1‑10.) |
(720 ILCS 678/7)
Sec. 7. Age verification and shipping requirements to prevent delivery sales to minors.
(a) No person, other than a delivery service, shall mail, ship, or otherwise cause to be delivered a shipping package in connection with a delivery sale unless the person:
(1) prior to the first delivery sale to the
| prospective consumer, obtains from the prospective consumer a written certification which includes a statement signed by the prospective consumer that certifies: | |
(A) the prospective consumer's current address; |
| |
(B) that the prospective consumer is at least |
| |
(2) informs, in writing, such prospective consumer |
| |
(A) the signing of another person's name to the |
| certification described in this Section is illegal; | |
(B) sales of cigarettes to individuals under 18 |
| years of age are illegal; | |
(C) the purchase of cigarettes by individuals |
| under 18 years of age is illegal; and | |
(D) the name and identity of the prospective |
| consumer may be reported to the state of the consumer's current address under the Act of October 19, 1949 (15 U.S.C.
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