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.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning civil law.
 
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 11-42-10.3 as follows:
 
6    (65 ILCS 5/11-42-10.3 new)
7    Sec. 11-42-10.3. Smoking licenses. The local liquor
8control commission shall issue a smoking license to any
9establishment eligible for a smoking license under Section 4-4
10of the Liquor Control Act of 1934.
11    A home rule unit may not issue smoking licenses in a manner
12inconsistent with the regulation of the issuance of smoking
13licenses under this Section. This Section is a limitation under
14subsection (i) of Section 6 of Article VII of the Illinois
15Constitution on the concurrent exercise by home rule units of
16home rule units of powers and functions exercised by the State.
 
17    Section 10. The Liquor Control Act of 1934 is amended by
18changing Section 4-4 as follows:
 
19    (235 ILCS 5/4-4)  (from Ch. 43, par. 112)
20    Sec. 4-4. Additional powers.
21    (a) Each local liquor control commissioner shall also have

 

 

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1the following powers, functions, and duties with respect to
2licenses, other than licenses to manufacturers, importing
3distributors, distributors, foreign importers, non-resident
4dealers, non-beverage users, brokers, railroads, airplanes,
5and boats.
6        1. To grant and or suspend for not more than thirty
7    days or revoke for cause all local licenses issued to
8    persons for premises within his jurisdiction;
9        2. To enter or to authorize any law enforcing officer
10    to enter at any time upon any premises licensed hereunder
11    to determine whether any of the provisions of this Act or
12    any rules or regulations adopted by him or by the State
13    Commission have been or are being violated, and at such
14    time to examine said premises of said licensee in
15    connection therewith;
16        3. To notify the Secretary of State where a club
17    incorporated under the General Not for Profit Corporation
18    Act of 1986 or a foreign corporation functioning as a club
19    in this State under a certificate of authority issued under
20    that Act has violated this Act by selling or offering for
21    sale at retail alcoholic liquors without a retailer's
22    license;
23        4. To receive complaint from any citizen within his
24    jurisdiction that any of the provisions of this Act, or any
25    rules or regulations adopted pursuant hereto, have been or
26    are being violated and to act upon such complaints in the

 

 

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1    manner hereinafter provided;
2        5. To receive local license fees and pay the same
3    forthwith to the city, village, town or county treasurer as
4    the case may be.
5    (b) Each local liquor control commissioner shall issue a
6smoking license to the following eligible establishments:
7        (1) any bar that can provide written documentation that
8    less than 10% of its total revenue comes from the sale of
9    food;
10        (2) any venue where gambling operations are conducted
11    pursuant to the Riverboat Gambling Act or the Illinois
12    Horse Racing Act of 1975;
13        (3) any venue for adult entertainment where a person
14    must be at least 18 years old to enter;
15        (4) any private club, as defined in Section 10 of the
16    Smoke Free Illinois Act, provided that at least
17    three-fifths of the private club's members have requested
18    in writing that the private club designate areas for
19    smoking; or
20        (5) any establishment hosting a convention or
21    exposition for the specific purpose of exhibiting or
22    selling cigars, pipes, tobacco, and related smoking
23    devices or accessories.
24    An eligible establishment must be able to document that (i)
25it has disclosed to all employees that if a smoking license is
26granted to the establishment, smoking will be permitted on the

 

 

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1premises; (ii) all employees have acknowledged receiving the
2disclosure; and (iii) it has an air filtration system that
3meets the size and use standards of the International
4Mechanical Code. If the eligible establishment has a liquor
5license, then it must be in compliance with all of the terms of
6the liquor license in order to receive a license to allow
7smoking on the premises.
8    A home rule unit may not issue smoking licenses in a manner
9inconsistent with the issuance of smoking licenses under this
10subsection (b). This subsection (b) is a limitation under
11subsection (i) of Section 6 of Article VII of the Illinois
12Constitution on the concurrent exercise by home rule units of
13home rule units of powers and functions exercised by the State.
14    (c) Each local liquor commissioner also has the duty to
15notify the Secretary of State of any convictions or
16dispositions of court supervision for a violation of Section
176-20 of this Act or a similar provision of a local ordinance.
18    (d) In counties and municipalities, the local liquor
19control commissioners shall also have the power to levy fines
20in accordance with Section 7-5 of this Act.
21(Source: P.A. 95-166, eff. 1-1-08.)
 
22    Section 15. The Smoke Free Illinois Act is amended by
23changing Section 35 as follows:
 
24    (410 ILCS 82/35)

 

 

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1    Sec. 35. Exemptions. Notwithstanding any other provision
2of this Act, smoking is allowed in the following areas:
3        (1) Private residences or dwelling places, except when
4    used as a child care, adult day care, or healthcare
5    facility or any other home-based business open to the
6    public.
7        (2) Retail tobacco stores as defined in Section 10 of
8    this Act in operation prior to the effective date of this
9    amendatory Act of the 95th General Assembly. The retail
10    tobacco store shall annually file with the Department by
11    January 31st an affidavit stating the percentage of its
12    gross income during the prior calendar year that was
13    derived from the sale of loose tobacco, plants, or herbs
14    and cigars, cigarettes, pipes, or other smoking devices for
15    smoking tobacco and related smoking accessories. Any
16    retail tobacco store that begins operation after the
17    effective date of this amendatory Act may only qualify for
18    an exemption if located in a freestanding structure
19    occupied solely by the business and smoke from the business
20    does not migrate into an enclosed area where smoking is
21    prohibited.
22        (3) (Blank).
23        (4) Hotel and motel sleeping rooms that are rented to
24    guests and are designated as smoking rooms, provided that
25    all smoking rooms on the same floor must be contiguous and
26    smoke from these rooms must not infiltrate into nonsmoking

 

 

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1    rooms or other areas where smoking is prohibited. Not more
2    than 25% of the rooms rented to guests in a hotel or motel
3    may be designated as rooms where smoking is allowed. The
4    status of rooms as smoking or nonsmoking may not be
5    changed, except to permanently add additional nonsmoking
6    rooms.
7        (5) Enclosed laboratories that are excluded from the
8    definition of "place of employment" in Section 10 of this
9    Act. Rulemaking authority to implement this amendatory Act
10    of the 95th General Assembly, if any, is conditioned on the
11    rules being adopted in accordance with all provisions of
12    the Illinois Administrative Procedure Act and all rules and
13    procedures of the Joint Committee on Administrative Rules;
14    any purported rule not so adopted, for whatever reason, is
15    unauthorized.
16        (6) Common smoking rooms in long-term care facilities
17    operated under the authority of the Illinois Department of
18    Veterans' Affairs or licensed under the Nursing Home Care
19    Act that are accessible only to residents who are smokers
20    and have requested in writing to have access to the common
21    smoking room where smoking is permitted and the smoke shall
22    not infiltrate other areas of the long-term care facility.
23    Rulemaking authority to implement this amendatory Act of
24    the 95th General Assembly, if any, is conditioned on the
25    rules being adopted in accordance with all provisions of
26    the Illinois Administrative Procedure Act and all rules and

 

 

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1    procedures of the Joint Committee on Administrative Rules;
2    any purported rule not so adopted, for whatever reason, is
3    unauthorized.
4        (7) Any eligible establishment that has obtained a
5    license to allow smoking on the premises from the local
6    liquor control commission. An eligible establishment must
7    post prominent signage notifying the public that the
8    establishment has been designated as a smoking
9    establishment.
10(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
1196-1357, eff. 1-1-11.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.