Madison County, IL Business Licensing & Operations: Tobacco Retail License (2026)
Key Facts
- Minimum purchase age
- 21 years old to buy or possess
- ID check trigger
- Required for any buyer appearing under 30
- First-offense fine (buyer)
- Up to $200, or education program
- Third-offense fine (buyer)
- Up to $650 per occurrence
- Seller/business penalty
- Up to $650 fine per violation
- Adopted
- Ord. 2020-01, passed January 15, 2020
Summary
Madison County Code § 37.18 bars anyone from selling, distributing, or furnishing an electronic cigarette or alternative nicotine product to a person under 21, and bars anyone under 21 from buying, possessing, or using one. Retailers must check photo ID for any buyer who looks under 30 before completing a vape sale.
§ 37.18 SALE AND POSSESSION OF ELECTRONIC CIGARETTES AND ANY ALTERNATE NICOTINE PRODUCTS. ... (B) Sale or purchase or use by or to persons under 21 years prohibited. ... (2) No person shall sell, buy for, distribute, or furnish any electronic cigarette, or any alternative nicotine product, to any person under 21 years of age. ... (4) Prior to selling, offering for sale, giving, or furnishing an electronic cigarette or alternative nicotine product to another person, the person selling, offering for sale, giving, or furnishing the electronic cigarette or alternative nicotine product shall verify that the recipient person is a minimum of 21 years of age by examining from identification from any person that appears to be under 30 years of age. ... (C) Penalties. ... (4) Any business or entity found to be in violation of this section shall be subject to a fine of up to $650.
Full Breakdown
The ordinance, adopted as Ord. 2020-01 on January 15, 2020, defines an ELECTRONIC CIGARETTE broadly: any battery-powered device that heats a solution to produce a vapor for inhalation, plus any cartridge, refill container, or e-liquid meant for use in one, covering vape pens, electronic cigars, cigarillos, pipes, and hookahs. An ALTERNATIVE NICOTINE PRODUCT is any nicotine-delivery product or device that does not contain tobacco. 18(B), no one under 21 may purchase, possess, operate, distribute, transfer, or otherwise use an electronic cigarette or alternative nicotine product, and no one may sell, buy for, distribute, or furnish one to a person under 21.
A clerk must examine government-issued photographic identification from any buyer who appears to be under 30 before completing the sale, to confirm the buyer is at least 21. A minor may not use a false or altered ID to obtain a vape product. The section carves out an exception for a registered medical cannabis patient vaping under the Illinois Department of Public Health's program consistent with 410 ILCS 130/60(b). Enforcement runs through the county court system: violations are prosecuted as ordinance offenses with escalating fines for underage purchasers and a flat fine for the selling business.
Violations & Fines
A first offense by a buyer under 21 draws a fine up to $200, or the offender may instead complete an approved vaping-education or cessation program within 90 days; skipping the program converts the case to the $200 fine. A second offense within 36 months carries a fine up to $400 or a substance-abuse assessment completed within 90 days. A third or later offense costs up to $650 per occurrence, and a business that sells to a minor faces a fine up to $650.
Frequently Asked Questions
Can a vape shop in Madison County sell e-cigarettes to an 18-year-old?
What happens the first time a minor is caught buying a vape in Madison County?
Does Madison County's vape ordinance cover medical cannabis vaping?
What counts as an 'electronic cigarette' under the county code?
Sources & Official References
Other rules in Madison County
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