New law provides tobacco retailers a safe harbor from fines associated with the sale of tobacco to minors.

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P.A. 99-0192  passed the General Assembly last year as a trailer bill to the retail licensing legislation.  The legislation included reduced fines, record keeping exemptions and regulatory protection for retailers. P.A. 99-0192 also included an optional tobacco training provision that provides a safe harbor for Illinois retailers from fines associated with the sale of tobacco to minors.  Under the previous statute, if a retail employee sold tobacco to a minor the retailer would be fined regardless of whether the retailer had instituted a tobacco training program to deter tobacco sales to minors. The statutory fines range from $200 to $800 per violation depending on the frequency of the violation in the particular store.  

 

P.A. 99-0192 corrects this inequity and provides that if a retailer institutes a tobacco training program for their employees the retailer is not liable for their employee’s mistake and aforementioned resulting fines.  Additionally, without training the state may revoke a retailer’s tobacco license for three days after a second tobacco violation, seven days for a third violation and thirty days for a fourth violation. With training the state may only revoke the license for three days after a fourth or subsequent tobacco violation within a two year period.