101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB4031
 
Introduced 1/4/2021, by Sen. Ram Villivalam
 
SYNOPSIS AS INTRODUCED:
 

 
65 ILCS 5/11-60-3  new

     Amends the Issuing Licenses and Abating Nuisances Division of the Illinois Municipal Code. Provides that nothing in the Division shall prohibit the issuance or renewal of a license authorizing the sale of tobacco products or tobacco accessories at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of the property line of any building or other location used primarily as a school if: (1) the school is a private elementary school; (2) the school is located within the boundaries of West Devon Avenue, West Rosemont Avenue, North Mozart Street, and North Fairfield Avenue; and (3) the sale of tobacco products or tobacco accessories at the premises occurs only after school hours until no later than 2 a.m. Limits home rule powers. Effective immediately.
  


LRB101 23265 AWJ 74475 b

HOME RULE NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
SB4031LRB101 23265 AWJ 74475 b


  
1    AN ACT concerning local government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Municipal Code is amended  by adding 
5Section 11-60-3 as follows:
 
6    (65 ILCS 5/11-60-3  new)
7    Sec. 11-60-3. Sale of tobacco products or tobacco 
8accessories near schools.
9    (a) Notwithstanding any provision of law, nothing in this 
10Division shall prohibit the issuance or renewal of a license 
11authorizing the sale of tobacco products or tobacco accessories 
12at a premises that is located within a municipality with a 
13population in excess of 1,000,000 inhabitants and is within 100 
14feet of the property line of any building or other location 
15used primarily as a school if:
16        (1) the school is a private elementary school;
17        (2) the school is located within the boundaries of West 
18    Devon Avenue, West Rosemont Avenue, North Mozart Street, 
19    and North Fairfield Avenue; and
20        (3) the sale of tobacco products or tobacco accessories 
21    at the premises occurs only after school hours until no 
22    later than 2 a.m.
23    (b) A home rule municipality may not regulate the issuance 
 
 
SB4031- 2 -LRB101 23265 AWJ 74475 b

1or renewal of a license authorizing the sale of tobacco 
2products or tobacco accessories in a manner inconsistent with 
3this Section. This Section is a limitation under subsection (i) 
4of Section 6 of Article VII of the Illinois Constitution on the 
5concurrent exercise by home rule units of powers and functions 
6exercised by the State.
 
 
7    Section 99. Effective date. This Act takes effect upon 
8becoming law.