(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;
and
(B) that the prospective consumer is at least
the legal minimum age;
(2) informs, in writing, such prospective consumer
that:
(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. § 375, et seq.), commonly known as the Jenkins Act;
(3) makes a good faith effort to verify the date of
birth of the prospective consumer provided pursuant to this Section by:
(A) comparing the date of birth against a
commercially available database; or
(B) obtaining a photocopy or other image of a
valid, government-issued identification stating the date of birth or age of the prospective consumer;
(4) provides to the prospective consumer a notice
that meets the requirements of subsection (b);
(5) receives payment for the delivery sale from the
prospective consumer by a credit or debit card that has been issued in such consumer's name, or by a check or other written instrument in such consumer's name; and
(6) ensures that the shipping package is delivered
to the same address as is shown on the government-issued identification or contained in the commercially available database.
(b) The notice required under this Section shall include:
(1) a statement that cigarette sales to consumers
below 18 years of age are illegal;
(2) a statement that sales of cigarettes are
restricted to those consumers who provide verifiable proof of age in accordance with subsection (a);
(3) a statement that cigarette sales are subject to
tax under Section 2 of the Cigarette Tax Act (35 ILCS 130/2), Section 2 of the Cigarette Use Tax Act, and Section 3 of the Use Tax Act and an explanation of how the correct tax has been, or is to be, paid with respect to such delivery sale.
(c) A statement meets the requirement of this Section if:
(1) the statement is clear and conspicuous;
(2) the statement is contained in a printed box set
apart from the other contents of the communication;
(3) the statement is printed in bold, capital
letters;
(4) the statement is printed with a degree of color
contrast between the background and the printed statement that is no less than the color contrast between the background and the largest text used in the communication; and
(5) for any printed material delivered by electronic
means, the statement appears at both the top and the bottom of the electronic mail message or both the top and the bottom of the Internet website homepage.
(d) Each person, other than a delivery service, who mails, ships, or otherwise causes to be delivered a shipping package in connection with a delivery sale shall:
(1) include as part of the shipping documents a clear
and conspicuous statement stating: "Cigarettes: Illinois Law Prohibits Shipping to Individuals Under 18 and Requires the Payment of All Applicable Taxes";
(2) use a method of mailing, shipping, or delivery
that requires a signature before the shipping package is released to the consumer; and
(3) ensure that the shipping package is not delivered
to any post office box.
(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
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Last modified: February 18, 2015