Northbrook has enacted its own ordinance to regulate the sale of tobacco products to minors to make prosecuting such offenses “expedient, convenient and less costly,” a village spokesman said.
“The village decided to approve the ordinance now so that instances of tobacco sales to minors can be brought before local adjudication,” Communications Manager Nicholas Glenn said via email. “Local adjudication, also referred to as administrative hearings, is an alternative to the Cook County Circuit Court process for municipal code violations.”
The Village Board approved the new ordinance unanimously as part of its consent agenda on Nov. 12.
Northbrook has the power to enact such ordinances under its authority as a home-rule community, said Sam Reiss, assistant to the village manager.
“Staff is recommending approval of this ordinance to allow for local adjudication in the event a minor is sold tobacco products, smoking paraphernalia, and e-cigarettes at businesses located in the village of Northbrook,” Reiss said in a report submitted before the board’s vote.
In order for the village to adjudicate cases involving the illegal sale of tobacco, e-cigarettes and other products in local court, Northbrook must amend its municipal code to create a specific provision for such cases, he said.
“This amendment has been reviewed by the village attorney, Police Department, and the village prosecutor to ensure the amendment will meet the needs of the village moving forward,” Reiss said.
Northbrook has experienced “very few issues” with the sale of tobacco and related products to minors, Glenn said.
“This ordinance was passed to allow for these cases to be brought before local adjudication rather than having to send (them) to Cook County Circuit Court,” he said.
Asked if the state law was inadequate for Northbrook, Glenn said: “This gives us the ability to legislate at the local level to allow for these cases to be heard at the local level.”
Northbrook currently has 11 businesses selling tobacco and related products, he said. Only two – Buzz Smoke & Vape, 2855 Dundee Road, and Big Chief Smoke Shop, 849 Sanders Road – sell primarily tobacco and related products.
The ordinance defines an e-cigarette as “an electronic device that typically includes a mouthpiece, a heating element or atomizer, a battery, and electronic circuits; provides a gas derived from a liquid that includes nicotine, propylene glycol or similar substance, and perhaps other substances; and is inhaled by a user in a manner that simulates or resembles smoking.”
It requires sellers of tobacco products to demand a photo ID from any buyer who appears to be under 30 years old. Glenn said the same requirement is included in the state law.
Northbrook has not experienced any ID issues that led to including that specification, he said.
The ordinance also requires that online or remote sellers verify the age of any buyer through an “independent third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process.”
The village has not experienced problems with underage online sales, but the requirement was “spelled out just in case, due to the prevalence of modern e-commerce,” Glenn said.