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Ban On Sale Of Menthol Cigarette Sales Near Grade Schools Lifted

By Heather Cherone | December 14, 2016 4:27pm | Updated on December 16, 2016 11:36am
 The city lifted a ban on the sale of menthol and flavored cigarettes near elementary schools.
The city lifted a ban on the sale of menthol and flavored cigarettes near elementary schools.
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CITY HALL — Chicago officials Wednesday lifted the ban on the sale of flavored and menthol tobacco products near elementary and middle schools.

The 31-14 vote came despite impassioned pleas from several aldermen who said it would make it easier for children to start smoking and become addicted.

Ald. Raymond Lopez (15th) said he started smoking menthol cigarettes at age 16, and has tried unsuccessfully 16 times to kick the habit.

"We need to keep cigarettes as far away from kids as possible," Lopez said.

However, Ald. Roderick Sawyer (6th) said the change was needed to protect owners of convenience stores throughout Chicago. The ban on the sale of flavored and menthol tobacco products — imposed in October 2014 — has forced them to lay off workers and slashed their profit margins, several told city officials Monday.

The aldermen who voted no were: Lopez, Ald. Brian Hopkins (2nd), Ald. Pat Dowell (3rd), Ald. Sophia King (4th), Ald. Toni Foulkes (16th), Ald. David Moore (17th); Ald. Scott Waguespack (32nd), Ald. Milly Santiago (31st); Ald. Carlos Ramirez-Rosa; Ald. Deb Mell (33rd); Ald. Michele Smith (43rd); Ald. John Arena (45th) and Ald. Joe Moore (49th.)

The revised ordinance continues to prohibit the sale of the flavored and menthol tobacco products within 500 feet of high schools.

However, the city now ban stores within 500 feet of a high school from adding tobacco products to the items they offer for sale after Dec. 31. Stores near high schools that already sell tobacco products like cigarettes and smokeless tobacco would be allowed to continue.

A study by the Food and Drug Administration found teens use flavored tobacco as a "gateway" to other nicotine products.

Under Emanuel, Chicago has raised the tobacco-buying age to 21 and increased the city's cigarette tax — $7.17 per pack — to the highest levels in the nation.

Mayor Rahm Emanuel called the ordinance "a fair compromise" in a statement.

The council reversed the ban over the objections of the Illinois Respiratory Health Association, whose CEO Joel Africk said the move risked reversing a 25 percent drop in the youth smoking rate during the past six years.

Another portion of the revised ordinance requires store clerks to be 21 years old to sell cigarettes.

Stores within 100 feet of schools would still be banned from selling any tobacco products.

The measure also hikes fines from $4,000 to as much as $10,000 for those who sell untaxed cigarettes and other tobacco products.

In addition, the ordinance would hike the minimum fine for the sale of individual cigarettes from $500 to $1,000 and the maximum fine from $2,000 to $5,000.

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