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Public Act 103-0272 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Smoke Free Illinois Act is amended by | ||||
changing Sections 10 and 35 as follows: | ||||
(410 ILCS 82/10)
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Sec. 10. Definitions. In this Act: | ||||
"Bar" means an establishment that is devoted to the | ||||
serving of alcoholic beverages for consumption by guests on | ||||
the premises and that derives no more than 10% of its gross | ||||
revenue from the sale of food consumed on the premises. "Bar" | ||||
includes, but is not limited to, taverns, nightclubs, cocktail | ||||
lounges, adult entertainment facilities, and cabarets. | ||||
"Department" means the Department of Public Health. | ||||
"Electronic cigarette" means any product containing or | ||||
delivering nicotine or any other substance intended for human | ||||
consumption that can be used by a person in any manner for the | ||||
purpose of inhaling vapor or aerosol from the product. | ||||
"Electronic cigarette" includes any such product, whether | ||||
manufactured, distributed, marketed, or sold as an | ||||
e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under | ||||
any other product name or descriptor.
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"Employee" means a person who is employed by an employer |
in consideration for direct or indirect monetary wages or | ||
profits or a person who volunteers his or her services for a | ||
non-profit entity. | ||
"Employer" means a person, business, partnership, | ||
association, or corporation, including a municipal | ||
corporation, trust, or non-profit entity, that employs the | ||
services of one or more individual persons. | ||
"Enclosed area" means all space between a floor and a | ||
ceiling that is enclosed or partially enclosed with (i) solid | ||
walls or windows, exclusive of doorways, or (ii) solid walls | ||
with partitions and no windows, exclusive of doorways, that | ||
extend from the floor to the ceiling, including, without | ||
limitation, lobbies and corridors. | ||
"Enclosed or partially enclosed sports arena" means any | ||
sports pavilion, stadium, gymnasium, health spa, boxing arena, | ||
swimming pool, roller rink, ice rink, bowling alley, or other | ||
similar place where members of the general public assemble to | ||
engage in physical exercise or participate in athletic | ||
competitions or recreational activities or to witness sports, | ||
cultural, recreational, or other events. | ||
"Gaming equipment or supplies" means gaming | ||
equipment/supplies as defined in the Illinois Gaming Board | ||
Rules of the Illinois Administrative Code. | ||
"Gaming facility" means an establishment utilized | ||
primarily for the purposes of gaming and where gaming | ||
equipment or supplies are operated for the purposes of |
accruing business revenue. | ||
"Healthcare facility" means an office or institution | ||
providing care or treatment of diseases, whether physical, | ||
mental, or emotional, or other medical, physiological, or | ||
psychological conditions, including, but not limited to, | ||
hospitals, rehabilitation hospitals, weight control clinics, | ||
nursing homes, homes for the aging or chronically ill, | ||
laboratories, and offices of surgeons, chiropractors, physical | ||
therapists, physicians, dentists, and all specialists within | ||
these professions. "Healthcare facility" includes all waiting | ||
rooms, hallways, private rooms, semiprivate rooms, and wards | ||
within healthcare facilities. | ||
"Place of employment" means any area under the control of | ||
a public or private employer that employees are required to | ||
enter, leave, or pass through during the course of employment, | ||
including, but not limited to entrances and exits to places of | ||
employment, including a minimum distance, as set forth in | ||
Section 70 of this Act, of 15 feet from entrances, exits, | ||
windows that open, and ventilation intakes that serve an | ||
enclosed area where smoking is prohibited; offices and work | ||
areas; restrooms; conference and classrooms; break rooms and | ||
cafeterias; and other common areas. A private residence or | ||
home-based business, unless used to provide licensed child | ||
care, foster care, adult care, or other similar social service | ||
care on the premises, is not a "place of employment", nor are | ||
enclosed laboratories, not open to the public, in an |
accredited
university or government facility where the | ||
activity of smoking is
exclusively conducted for the purpose | ||
of medical or scientific health-related research. Rulemaking | ||
authority to implement this amendatory Act of the 95th General | ||
Assembly, if any, is conditioned on the rules being adopted in | ||
accordance with all provisions of the Illinois Administrative | ||
Procedure Act and all rules and procedures of the Joint | ||
Committee on Administrative Rules; any purported rule not so | ||
adopted, for whatever reason, is unauthorized.
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"Private club" means a not-for-profit association that (1) | ||
has been in active and continuous existence for at least 3 | ||
years prior to the effective date of this amendatory Act of the | ||
95th General Assembly, whether incorporated or not, (2) is the | ||
owner, lessee, or occupant of a building or portion thereof | ||
used exclusively for club purposes at all times, (3) is | ||
operated solely for a recreational, fraternal, social, | ||
patriotic, political, benevolent, or athletic purpose, but not | ||
for pecuniary gain, and (4) only sells alcoholic beverages | ||
incidental to its operation. For purposes of this definition, | ||
"private club" means an organization that is managed by a | ||
board of directors, executive committee, or similar body | ||
chosen by the members at an annual meeting, has established | ||
bylaws, a constitution, or both to govern its activities, and | ||
has been granted an exemption from the payment of federal | ||
income tax as a club under 26 U.S.C. 501. | ||
"Private residence" means the part of a structure used as |
a dwelling, including, without limitation: a private home, | ||
townhouse, condominium, apartment, mobile home, vacation home, | ||
cabin, or cottage. For the purposes of this definition, a | ||
hotel, motel, inn, resort, lodge, bed and breakfast or other | ||
similar public accommodation, hospital, nursing home, or | ||
assisted living facility shall not be considered a private | ||
residence. | ||
"Public place" means that portion of any building or | ||
vehicle used by and open to the public, regardless of whether | ||
the building or vehicle is owned in whole or in part by private | ||
persons or entities, the State of Illinois, or any other | ||
public entity and regardless of whether a fee is charged for | ||
admission, including a minimum distance, as set forth in | ||
Section 70 of this Act, of 15 feet from entrances, exits, | ||
windows that open, and ventilation intakes that serve an | ||
enclosed area where smoking is prohibited. A "public place" | ||
does not include a private residence unless the private | ||
residence is used to provide licensed child care, foster care, | ||
or other similar social service care on the premises. A | ||
"public place" includes, but is not limited to,
hospitals, | ||
restaurants, retail stores, offices, commercial | ||
establishments,
elevators, indoor theaters, libraries, | ||
museums, concert halls, public
conveyances, educational | ||
facilities, nursing homes, auditoriums, enclosed or partially | ||
enclosed sports arenas,
meeting rooms, schools, exhibition | ||
halls, convention facilities, polling places, private clubs, |
gaming facilities, all government owned vehicles and | ||
facilities, including buildings and vehicles owned, leased, or | ||
operated by the State or State subcontract, healthcare | ||
facilities or clinics, enclosed shopping centers, retail | ||
service establishments, financial institutions, educational | ||
facilities, ticket areas, public hearing facilities, public | ||
restrooms, waiting areas, lobbies, bars, taverns, bowling | ||
alleys, skating rinks, reception areas, and no less than 75% | ||
of the sleeping quarters within a hotel, motel, resort, inn, | ||
lodge, bed and breakfast, or other similar public | ||
accommodation that are rented to guests, but excludes private | ||
residences.
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"Restaurant" means (i) an eating establishment, including, | ||
but not limited to, coffee shops, cafeterias, sandwich stands, | ||
and private and public school cafeterias, that gives or offers | ||
for sale food to the public, guests, or employees, and (ii) a | ||
kitchen or catering facility in which food is prepared on the | ||
premises for serving elsewhere. "Restaurant" includes a bar | ||
area within the restaurant. | ||
"Retail tobacco store" means a retail establishment that | ||
derives more than 80% of its gross revenue from the sale of | ||
loose tobacco, plants, or herbs and cigars, cigarettes, pipes, | ||
and other smoking devices for burning tobacco and related | ||
smoking accessories and in which the sale of other products is | ||
merely incidental. "Retail tobacco store" includes an enclosed | ||
workplace that manufactures, imports, or distributes tobacco , |
electronic cigarettes, or tobacco products, when, as a | ||
necessary and integral part of the process of making, | ||
manufacturing, importing, or distributing a tobacco product or | ||
electronic cigarette for the eventual retail sale of that | ||
tobacco , electronic cigarette, or tobacco product, tobacco is | ||
heated, burned, or smoked, or a lighted tobacco product is | ||
tested, provided that the involved business entity: (1) | ||
maintains a specially designated area or areas within the | ||
workplace for the purpose of the heating, burning, smoking, or | ||
lighting activities, and does not create a facility that | ||
permits smoking throughout; (2) satisfies the 80% requirement | ||
related to gross sales; and (3) delivers tobacco products or | ||
electronic cigarettes to consumers, retail establishments, or | ||
other wholesale establishments as part of its business. | ||
"Retail tobacco store" does not include a tobacco or | ||
electronic cigarette department or section of a larger | ||
commercial establishment or any establishment with any type of | ||
liquor, food, or restaurant license. Rulemaking authority to | ||
implement this amendatory Act of the 95th General Assembly, if | ||
any, is conditioned on the rules being adopted in accordance | ||
with all provisions of the Illinois Administrative Procedure | ||
Act and all rules and procedures of the Joint Committee on | ||
Administrative Rules; any purported rule not so adopted, for | ||
whatever reason, is unauthorized. | ||
"Smoke" or "smoking" means the carrying, smoking, burning, | ||
inhaling, or exhaling of any kind of lighted pipe, cigar, |
cigarette, hookah, weed, herbs, or any other lighted smoking | ||
equipment. "Smoke" or "smoking" includes the use of an | ||
electronic cigarette. "Smoke" or "smoking" does not include | ||
smoking that is associated with a native recognized religious | ||
ceremony, ritual, or activity by American Indians that is in | ||
accordance with the federal American Indian Religious Freedom | ||
Act, 42 U.S.C. 1996 and 1996a.
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"State agency" has the meaning formerly ascribed to it in | ||
subsection
(a) of Section 3 of the Illinois Purchasing Act | ||
(now repealed).
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"Unit of local government" has the meaning ascribed to it | ||
in Section
1 of Article VII of the Illinois Constitution of | ||
1970.
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(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; | ||
96-797, eff. 1-1-10.) | ||
(410 ILCS 82/35) | ||
Sec. 35. Exemptions. Notwithstanding any other provision | ||
of this Act, smoking is allowed in the following areas: | ||
(1) Private residences or dwelling places, except when | ||
used as a child care, adult day care, or healthcare | ||
facility or any other home-based business open to the | ||
public. | ||
(2) Retail tobacco stores as defined in Section 10 of | ||
this Act in operation prior to the effective date of this | ||
amendatory Act of the 95th General Assembly. The retail |
tobacco store shall annually file with the Department by | ||
January 31st an affidavit stating the percentage of its | ||
gross income during the prior calendar year that was | ||
derived from the sale of loose tobacco, plants, or herbs | ||
and cigars, cigarettes, pipes, or other smoking devices | ||
for smoking tobacco and related smoking accessories. Any | ||
retail tobacco store that begins operation after the | ||
effective date of this amendatory Act may only qualify for | ||
an exemption if located in a freestanding structure | ||
occupied solely by the business and smoke from the | ||
business does not migrate into an enclosed area where | ||
smoking is prohibited. A retail tobacco store that derives | ||
at least 80% of its gross revenue from the sale of | ||
electronic cigarettes and electronic cigarette equipment | ||
and accessories in operation before the effective date of | ||
this amendatory Act of the 103rd General Assembly | ||
qualifies for this exemption for electronic cigarettes | ||
only. A retail tobacco store claiming an exemption for | ||
electronic cigarettes shall annually file with the | ||
Department by January 31 an affidavit stating the | ||
percentage of its gross income during the prior calendar | ||
year that was derived from the sale of electronic | ||
cigarettes. A retail tobacco store may, with authorization | ||
or permission from a unit of local government, including a | ||
home rule unit, or any non-home rule county within the | ||
unincorporated territory of the county, allow the |
on-premises consumption of cannabis in a specially | ||
designated areas. | ||
(3) (Blank). | ||
(4) Hotel and motel sleeping rooms that are rented to | ||
guests and are designated as smoking rooms, provided that | ||
all smoking rooms on the same floor must be contiguous and | ||
smoke from these rooms must not infiltrate into nonsmoking | ||
rooms or other areas where smoking is prohibited. Not more | ||
than 25% of the rooms rented to guests in a hotel or motel | ||
may be designated as rooms where smoking is allowed. The | ||
status of rooms as smoking or nonsmoking may not be | ||
changed, except to permanently add additional nonsmoking | ||
rooms. | ||
(5) Enclosed laboratories that are excluded from the | ||
definition of "place of employment" in Section 10 of this | ||
Act. Rulemaking authority to implement this amendatory Act | ||
of the 95th General Assembly, if any, is conditioned on | ||
the rules being adopted in accordance with all provisions | ||
of the Illinois Administrative Procedure Act and all rules | ||
and procedures of the Joint Committee on Administrative | ||
Rules; any purported rule not so adopted, for whatever | ||
reason, is unauthorized. | ||
(6) Common smoking rooms in long-term care facilities
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operated under the authority of the Illinois Department of
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Veterans' Affairs or licensed under the Nursing Home Care | ||
Act that are accessible only to residents who
are smokers |
and have requested in writing to have access to
the common | ||
smoking room where smoking is permitted and the
smoke | ||
shall not infiltrate other areas of the long-term care | ||
facility. Rulemaking authority to implement this | ||
amendatory Act of the 95th General Assembly, if any, is | ||
conditioned on the rules being adopted in accordance with | ||
all provisions of the Illinois Administrative Procedure | ||
Act and all rules and procedures of the Joint Committee on | ||
Administrative Rules; any purported rule not so adopted, | ||
for whatever reason, is unauthorized. | ||
(7) A convention hall of the Donald E. Stephens | ||
Convention Center where a meeting or trade show for
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manufacturers and suppliers of tobacco and tobacco
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products and accessories is being held, during the time | ||
the
meeting or trade show is occurring, if the meeting or | ||
trade
show: | ||
(i) is a trade-only event and not open to the
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public; | ||
(ii) is limited to attendees and exhibitors that
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are 21 years of age or older; | ||
(iii) is being produced or organized by a business
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relating to tobacco or a professional association for
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convenience stores; and | ||
(iv) involves the display of tobacco products. | ||
Smoking is not allowed in any public area outside of
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the hall designated for the meeting or trade show. |
This
paragraph (7) is inoperative on and after October | ||
1, 2015. | ||
(8) A dispensing organization, as defined in the | ||
Cannabis Regulation and Tax Act, authorized or permitted | ||
by a unit local government to allow on-site consumption of | ||
cannabis, if the establishment: (1) maintains a specially | ||
designated area or areas for the purpose of heating, | ||
burning, smoking, or lighting cannabis; (2) is limited to | ||
individuals 21 or older; and (3) maintains a locked door | ||
or barrier to any specially designated areas for the | ||
purpose of heating, burning, smoking or lighting cannabis. | ||
(Source: P.A. 101-593, eff. 12-4-19.)
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