A. 
No person shall gamble or commit any act constituting gambling as defined by state statutes.
B. 
No person shall possess any gambling device or paraphernalia with the intent to use the device or paraphernalia for an unlawful purpose; and any gambling device or paraphernalia kept with that intent may be confiscated by any member of the Police Department.
C. 
No person shall maintain or patronize any establishment maintained for a gambling house or resort.
D. 
No person shall advertise any gambling house or gambling resort in any street, alley, or other public place within the Village.
A. 
No person shall maintain for the use of the public or patrons, or permit the use in or on any premises where the sale of alcoholic liquor at retail is permitted or in any store, restaurant, shopping place, theater, parking lot, or any other public place in the Village:
(1) 
Any mechanical pinball amusement device which is constructed so that the result of its operation depends upon chance, or upon the skill of the operator, or upon both; or
(2) 
Any mechanical device that, in its operation, shoots or propels an electric light, ray, or impulse to a target; or
(3) 
Any table bowling shuffleboard or other mechanical table game or amusement device involving the propulsion of spheres or other projectiles, mechanically or by hand; or
(4) 
Any coin-operated or coin-in-the-slot amusement device.
B. 
This section shall not apply to bona fide clubs licensed to sell alcoholic liquor to only members and their guests as provided by law.
A. 
It shall be unlawful for anyone under the age of 21 years to purchase, obtain, receive, accept, have in his or her possession or control, sell, give, deliver, mix, dispense, serve, furnish, or consume alcoholic liquor.
B. 
Except as otherwise provided in § 141-1014H(2) of this chapter, no person to whom the sale of alcoholic liquor is prohibited because of his or her age shall consume or be found to have consumed alcoholic liquor.
C. 
Except as authorized by and in accordance with the requirements of the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1 et seq., it shall be unlawful for anyone under the age of 21 years to be under the influence of alcoholic liquor, cannabis (as defined in § 141-206), any controlled substance listed in the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.), or any intoxicating compound listed under the Use of Intoxicating Compounds Act (720 ILCS 690/0.01 et seq.). A person under the age of 21 years within the Village shall be considered under the influence of alcoholic liquor if the alcohol concentration in the person's blood or breath is more than 0.00% as defined under Illinois law, and particularly 625 ILCS 5/11-501.2.
[Amended 10-15-2019 by Ord. No. 2019-22]
D. 
Any legal guardian (as defined in § 141-704A of this chapter) who knowingly authorizes an unemancipated minor to use a vehicle while such minor is in violation of this section shall be in violation of this section. Such knowledge shall be presumed unless the contrary is established by a preponderance of the evidence.
A. 
Definition. For purposes of this chapter, "cannabis" shall include marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa, whether growing or not; the seeds of that plant; the resin extracted from any part of that plant; and any compound, manufacture, salt, derivative, mixture, or preparation of that plant, its seeds or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of that plant, fiber produced from those stalks, oil, or cake made from the seeds of that plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks (except the resin extracted therefrom), fiber, oil, cake, or the sterilized seed of the plant which is incapable of germination.
B. 
Violation. Except as otherwise provided in the Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., it shall be a violation of this section for any person knowingly to possess any quantity of any substance containing cannabis.
[Amended 10-15-2019 by Ord. No. 2019-22]
[Amended 5-22-2017 by Ord. No. 2017-12; 10-15-2019 by Ord. No. 2019-22; 11-12-2019 by Ord. No. 2019-24]
No person under 21 years of age shall buy any tobacco product, or alternative nicotine product. No person shall sell, buy for, distribute samples of, or furnish any tobacco product or alternative nicotine product to any person under 21 years of age. For the purpose of this section, "tobacco product" and "alternative nicotine product" shall have the meanings set forth in Section 1(a-9) of the Prevention of Tobacco Use by Persons Under 21 Years of Age and Sale and Distribution of Tobacco Products Act, 720 ILCS 675/1(a-9).
[Added 11-12-2019 by Ord. No. 2019-24]
No person shall sell, buy for, distribute samples of, or furnish any electronic cigarette to any person. For the purpose of this section, "electronic cigarette" shall have the meaning set forth in Section 1(a-9) of the Prevention of Tobacco Use by Persons Under 21 Years of Age and Sale and Distribution of Tobacco Products Act, 720 ILCS 675/1(a-9).
[1]
Editor's Note: Former § 141-208, Possession of tobacco or smokeless tobacco by minors, was repealed 10-15-2019 by Ord. No. 2019-22.
A. 
Definitions. As used in this section, the following terms shall be defined as indicated:
MATERIAL
Any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment, machines, or materials.
NUDITY
The patently offensive showing, representation, depiction, or lewd exhibition of human male or female genitals, pubic area, or buttocks.
PERFORMANCE
Any motion picture, preview, play, show, skit, dance, or other exhibition performed before an audience in any indoor or outdoor theater, building, or any public place.
SEXUAL CONDUCT
The patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and of masturbation, excretory functions, and lewd exhibition of the genitals.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
B. 
No person shall show, exhibit, sell, offer for sale, distribute, circulate, give away, or cause the same to be done to any person any obscene material or performance as described, defined, and set forth in this section.
C. 
Any material or performance is "obscene" if, when considered as a whole and judged with reference to average or ordinary persons (includes average or ordinary minors under the age of 18 years or average or ordinary adults), it includes any of the following:
(1) 
Its dominant appeal is to a prurient interest in sex or obscenity.
(2) 
Its dominant tendency is to arouse lust by patently offensive displaying or depicting of nudity, sexual excitement, or sexual conduct in a way which tends to represent human beings as mere objects of sexual appetite.
(3) 
Its dominant tendency is to arouse lust by patently offensive displaying or depicting of bestiality or extreme or bizarre violence, cruelty or brutality.
(4) 
It contains a series of patently offensive displays or descriptions of nudity, sexual excitement, sexual conduct, bestiality, extreme or bizarre violence, cruelty or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to a prurient interest in sex or obscenity, when the appeal to this interest is primarily for its own sake or for commercial exploitation, rather than for a serious literary, artistic, political, or scientific value.
D. 
For the purpose of this section all three of the following conditions are required to prove obscenity affecting the average or ordinary minor under the age of 18 years or affecting the average or ordinary adult:
(1) 
The material or performance taken as a whole predominantly appeals to a prurient interest in obscenity or sex;
(2) 
The material or performance is patently offensive because it affronts the prevailing contemporary community standards as a whole relating to the description or representation of obscene or sexual matters; and
(3) 
The material or performance as a whole lacks serious literary, artistic, political, or scientific value.
E. 
The provisions of this section shall be subject to the affirmative defenses as specifically set forth in state statutes.
A. 
Definitions. As used in this section, unless the context otherwise requires, the following terms shall have the meanings indicated:
CANNABIS
Shall have the meaning ascribed to it in Section 3 of the Cannabis Control Act (720 ILCS 550), as if that definition were incorporated herein.
CONTROLLED SUBSTANCE
Shall have the meaning ascribed to it in Section 102 of the Illinois Controlled Substances Act (720 ILCS 570), as if that definition were incorporated herein.
DELIVER or DELIVERY
The actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.
DRUG PARAPHERNALIA
All equipment, products and materials of any kind which are intended to be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the Cannabis Control Act or the Illinois Controlled Substances Act. It includes, but is not limited to:
(1) 
Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance;
(2) 
Isomerization devices intended to be used unlawfully in increasing the potency of any species of plant which is cannabis or a controlled substance;
(3) 
Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness or purity of cannabis or controlled substances;
(4) 
Diluents and adulterants intended to be used unlawfully for cutting cannabis or a controlled substance by private persons;
(5) 
Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, including, where applicable, the following items:
(a) 
Water pipes;
(b) 
Carburetion tubes and devices;
(c) 
Smoking and carburetion masks;
(d) 
Miniature cocaine spoons and cocaine vials;
(e) 
Carburetor pipes;
(f) 
Electric pipes;
(g) 
Air-driven pipes;
(h) 
Chillums;
(i) 
Bongs;
(j) 
Ice pipes or chillers;
(6) 
Any item whose purpose, as announced or described by the seller, is for use in violation of this section.
B. 
Unlawful sales and deliveries. The following persons shall be in violation of this section:
(1) 
Any person who keeps for sale, offers for sale, sells, or delivers for any commercial consideration any item of drug paraphernalia;
(2) 
Any person 18 years of age or older who sells or delivers for any commercial consideration any item of drug paraphernalia to a person under 18 years of age;
(3) 
Any person who sells or delivers for a commercial consideration any item of drug paraphernalia to a woman he knows to be pregnant.
C. 
Public nuisance. Any store, place, or premises from which or in which any item of drug paraphernalia is kept for sale, offered for sale, sold, or delivered for any commercial consideration is declared to be a public nuisance. The Village may commence an action in the Circuit Court to abate the public nuisance in the manner described in 720 ILCS 600/3.
D. 
Possession of drug paraphernalia.
(1) 
A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use, violates this section. This Subsection D(1) does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act (720 ILCS 625/0.01 et seq.).
(2) 
In determining intent under Subsection D(1), the trier of fact may take into consideration the proximity of the cannabis or controlled substances to drug paraphernalia or the presence of cannabis or a controlled substance on the drug paraphernalia.
E. 
Exemptions.
(1) 
This section shall not apply to:
(a) 
Items marketed for use in the preparation, compounding, packaging, labeling, or other use of cannabis or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale.
(b) 
Items marketed for, or historically and customarily used in connection with, the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance. Items exempt under this subsection include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette-rolling papers.
(c) 
Items listed in the definition of "drug paraphernalia" in Subsection A of this section which are marketed for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by this section.
(d) 
A person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act (720 ILCS 625/0.01 et seq.).
(e) 
Cannabis-related items sold, purchased, distributed, possessed, or used as authorized by, and in accordance with the requirements of, the Cannabis Regulation and Tax Act , 410 ILCS 705/1-1 et seq.
[Added 10-15-2019 by Ord. No. 2019-22]
(2) 
In determining whether or not a particular item is exempt under this subsection, the trier of fact should consider, in addition to all other logically relevant factors, the following:
(a) 
The general, usual, customary, and historical use to which the item involved has been put;
(b) 
Expert evidence concerning the ordinary or customary use of the item and the effect of any peculiarity in the design or engineering of the device upon its functioning;
(c) 
Any written instructions accompanying the delivery of the item concerning the purposes or uses to which the item can or may be put;
(d) 
Any oral instructions provided by the seller of the item at the time and place of sale or commercial delivery;
(e) 
Any national or local advertising concerning the design, purpose or use of the item involved, and the entire context in which such advertising occurs;
(f) 
The manner, place and circumstances in which the item was displayed for sale, as well as any item or items displayed for sale or otherwise exhibited upon the premises where the sale was made;
(g) 
Whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(h) 
The existence and scope of legitimate uses for the object in the community.
F. 
Forfeiture. All drug paraphernalia is subject to forfeiture. Property subject to forfeiture under this section may be seized by any peace officer upon process issued by any court having jurisdiction over the property in a manner consistent with 720 ILCS 600/5.
G. 
Intent. This section is intended to be used solely for the suppression of the commercial traffic in and possession of items that, within the context of the sale or offering for sale, or possession, are clearly and beyond a reasonable doubt intended for the illegal and unlawful use of cannabis or controlled substances. To this end, all reasonable and common-sense inferences shall be drawn in favor of the legitimacy of any transaction or item.