HB5355 97TH GENERAL ASSEMBLY

LRB097 17422 AJO 63843 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5355

Introduced 2/15/2012, by Rep. Robert Rita

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-42-10.3 new
235 ILCS 5/4-4	from Ch. 43, par. 112
410 ILCS 82/35

Amends the Illinois Municipal Code. Provides that the local liquor control commission shall issue a smoking license to any establishment eligible for a smoking license under the Liquor Control Act of 1934. Limits the concurrent exercise of home rule powers. Amends the Liquor Control Act of 1934. Provides that a local liquor control commissioner shall issue a smoking license to certain eligible establishments and provides that an eligible establishment must be able to document that it has an air filtration system that meets certain standards. Limits the concurrent exercise of home rule powers. Amends the Smoke Free Illinois Act. Authorizes smoking in any eligible establishment that has obtained a license to allow smoking on the premises from the local liquor control commission. Also makes technical changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by adding Section 11-42-10.3 as follows:

(65 ILCS 5/11-42-10.3 new)

Sec. 11-42-10.3. Smoking licenses. The local liquor control commission shall issue a smoking license to any establishment eligible for a smoking license under Section 4-4 of the Liquor Control Act of 1934.

A home rule unit may not issue smoking licenses in a manner inconsistent with the regulation of the issuance of smoking licenses under this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of home rule units of powers and functions exercised by the State.

Section 10. The Liquor Control Act of 1934 is amended by changing Section 4-4 as follows:

(235 ILCS 5/4-4) (from Ch. 43, par. 112)

Sec. 4-4. Additional powers.

(a) Each local liquor control commissioner shall also have the following powers, functions, and duties with respect to licenses, other than licenses to manufacturers, importing distributors, distributors, foreign importers, non-resident dealers, non-beverage users, brokers, railroads, airplanes, and boats.

1. To grant and or suspend for not more than thirty days or revoke for cause all local licenses issued to persons for premises within his jurisdiction;

2. To enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this Act or any rules or regulations adopted by him or by the State Commission have been or are being violated, and at such time to examine said premises of said licensee in connection therewith;

3. To notify the Secretary of State where a club incorporated under the General Not for Profit Corporation Act of 1986 or a foreign corporation functioning as a club in this State under a certificate of authority issued under that Act has violated this Act by selling or offering for sale at retail alcoholic liquors without a retailer's license;

4. To receive complaint from any citizen within his jurisdiction that any of the provisions of this Act, or any rules or regulations adopted pursuant hereto, have been or are being violated and to act upon such complaints in the manner hereinafter provided;

5. To receive local license fees and pay the same forthwith to the city, village, town or county treasurer as the case may be.

(b) Each local liquor control commissioner shall issue a smoking license to the following eligible establishments:

(1) any bar that can provide written documentation that less than 10% of its total revenue comes from the sale of food;

(2) any venue where gambling operations are conducted pursuant to the Riverboat Gambling Act or the Illinois Horse Racing Act of 1975;

(3) any venue for adult entertainment where a person must be at least 18 years old to enter;

(4) any private club, as defined in Section 10 of the Smoke Free Illinois Act, provided that at least three-fifths of the private club's members have requested in writing that the private club designate areas for smoking; or

(5) any establishment hosting a convention or exposition for the specific purpose of exhibiting or selling cigars, pipes, tobacco, and related smoking devices or accessories.

An eligible establishment must be able to document that (i) it has disclosed to all employees that if a smoking license is granted to the establishment, smoking will be permitted on the premises; (ii) all employees have acknowledged receiving the disclosure; and (iii) it has an air filtration system that meets the size and use standards of the International Mechanical Code. If the eligible establishment has a liquor license, then it must be in compliance with all of the terms of the liquor license in order to receive a license to allow smoking on the premises.

A home rule unit may not issue smoking licenses in a manner inconsistent with the issuance of smoking licenses under this subsection (b). This subsection (b) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of home rule units of powers and functions exercised by the State.

(c) Each local liquor commissioner also has the duty to notify the Secretary of State of any convictions or dispositions of court supervision for a violation of Section 6-20 of this Act or a similar provision of a local ordinance.

(d) In counties and municipalities, the local liquor control commissioners shall also have the power to levy fines in accordance with Section 7-5 of this Act.

(Source: P.A. 95-166, eff. 1-1-08.)

Section 15. The Smoke Free Illinois Act is amended by changing Section 35 as follows:

(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.

(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 operated under the authority of the Illinois Department of 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) Any eligible establishment that has obtained a license to allow smoking on the premises from the local liquor control commission. An eligible establishment must post prominent signage notifying the public that the establishment has been designated as a smoking establishment.

(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; 96-1357, eff. 1-1-11.)

Section 99. Effective date. This Act takes effect upon becoming law.