Full Text of SB1370 95th General Assembly
SB1370ham004 95TH GENERAL ASSEMBLY
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Rep. Harry R. Ramey Jr.
Filed: 8/17/2007
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| AMENDMENT TO SENATE BILL 1370
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| AMENDMENT NO. ______. Amend Senate Bill 1370, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Liquor Control Act of 1934 is amended by | 6 |
| changing Section 4-4 as follows:
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| (235 ILCS 5/4-4) (from Ch. 43, par. 112)
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| Sec. 4-4. Each local liquor control commissioner shall also | 9 |
| have the
following powers, functions and duties with respect to | 10 |
| licenses, other than
licenses to manufacturers, importing | 11 |
| distributors, distributors, foreign
importers, non-resident | 12 |
| dealers, non-beverage users, brokers, railroads,
airplanes and | 13 |
| boats.
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| 1. To grant and or suspend for not more than thirty | 15 |
| days or revoke for
cause all local licenses issued to | 16 |
| persons for premises within his
jurisdiction;
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| 2. To enter or to authorize any law enforcing officer | 2 |
| to enter at any
time upon any premises licensed hereunder | 3 |
| to determine whether any of the
provisions of this Act or | 4 |
| any rules or regulations adopted by him or by the
State | 5 |
| Commission have been or are being violated, and at such | 6 |
| time to
examine said premises of said licensee in | 7 |
| connection therewith;
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| 3. To notify the Secretary of State where a club | 9 |
| incorporated under the
General Not for Profit Corporation | 10 |
| Act of 1986 or a foreign corporation
functioning
as a club | 11 |
| in this State under a certificate of authority issued under | 12 |
| that
Act has violated this Act by selling or offering for | 13 |
| sale at retail alcoholic
liquors without a retailer's | 14 |
| license;
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| 4. To receive complaint from any citizen within his | 16 |
| jurisdiction that
any of the provisions of this Act, or any | 17 |
| rules or regulations adopted
pursuant hereto, have been or | 18 |
| are being violated and to act upon such
complaints in the | 19 |
| manner hereinafter provided;
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| 5. To receive local license fees and pay the same | 21 |
| forthwith to the city,
village, town or county treasurer as | 22 |
| the case may be ; .
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| 6. To issue a smoking license to eligible | 24 |
| establishments as defined in the Smoke Free Illinois Act.
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| Each local liquor commissioner also has the duty to notify
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| the Secretary of State of any convictions for a violation of |
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| Section 6-20 of
this Act or a similar provision of a local | 2 |
| ordinance.
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| In counties and municipalities, the local liquor control
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| commissioners shall also have the power to levy fines in | 5 |
| accordance with
Section 7-5 of this Act.
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| (Source: P.A. 91-357, eff. 7-29-99; 92-804, eff. 1-1-03.)
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| Section 10. The Smoke Free Illinois Act is amended by | 8 |
| changing Section 35 as follows: | 9 |
| (410 ILCS 82/35)
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| Sec. 35. Exemptions. Notwithstanding any other provision | 11 |
| of this Act, smoking is allowed in the following areas: | 12 |
| (1) Private residences or dwelling places, except when | 13 |
| used as a child care, adult day care, or healthcare | 14 |
| facility or any other home-based business open to the | 15 |
| public. | 16 |
| (2) Retail tobacco stores as defined in Section 10 of | 17 |
| this Act in operation prior to the effective date of this | 18 |
| amendatory Act of the 95th General Assembly. The retail | 19 |
| tobacco store shall annually file with the Department by | 20 |
| January 31st an affidavit stating the percentage of its | 21 |
| gross income during the prior calendar year that was | 22 |
| derived from the sale of loose tobacco, plants, or herbs | 23 |
| and cigars, cigarettes, pipes, or other smoking devices for | 24 |
| smoking tobacco and related smoking accessories. Any |
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| retail tobacco store that begins operation after the | 2 |
| effective date of this amendatory Act may only qualify for | 3 |
| an exemption if located in a freestanding structure | 4 |
| occupied solely by the business and smoke from the business | 5 |
| does not migrate into an enclosed area where smoking is | 6 |
| prohibited. | 7 |
| (3) Private and semi-private rooms in nursing homes and | 8 |
| long-term care facilities that are occupied by one or more | 9 |
| persons, all of whom are smokers and have requested in | 10 |
| writing to be placed or to remain in a room where smoking | 11 |
| is permitted and the smoke shall not infiltrate other areas | 12 |
| of the nursing home. | 13 |
| (4) Hotel and motel sleeping rooms that are rented to | 14 |
| guests and are designated as smoking rooms, provided that | 15 |
| all smoking rooms on the same floor must be contiguous and | 16 |
| smoke from these rooms must not infiltrate into nonsmoking | 17 |
| rooms or other areas where smoking is prohibited. Not more | 18 |
| than 25% of the rooms rented to guests in a hotel or motel | 19 |
| may be designated as rooms where smoking is allowed. The | 20 |
| status of rooms as smoking or nonsmoking may not be | 21 |
| changed, except to permanently add additional nonsmoking | 22 |
| rooms.
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| (5) That portion of a riverboat where gambling
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| operations are conducted pursuant to the Riverboat | 25 |
| Gambling Act. The exemption under this item (5) applies to
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| each individual riverboat for 5 years after the effective
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| date of this amendatory Act of the 95th General Assembly or
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| until the state, other than Illinois, closest in proximity
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| to that individual riverboat, as determined by the Illinois
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| Gaming Board, bans smoking by law in similar facilities,
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| whichever occurs first. | 6 |
| (6) Any eligible establishment that has obtained a | 7 |
| license to allow smoking on the premises from the local | 8 |
| liquor control commission. An eligible establishment | 9 |
| includes all of the following: | 10 |
| (A) any bar that can provide written documentation | 11 |
| that less than 10% of its total revenue comes from the | 12 |
| sale of food; | 13 |
| (B) any venue where gambling operations are | 14 |
| conducted pursuant to the Riverboat Gambling Act or the | 15 |
| Illinois Horse Racing Act of 1975; | 16 |
| (C) any venue for adult entertainment where a | 17 |
| person must be at least 18 years old to enter; | 18 |
| (D) a private club that can provide documentation | 19 |
| that three-fifths of its active members approve of | 20 |
| smoking on the club's premises; or | 21 |
| (E) any establishment hosting a convention or | 22 |
| exposition for the specific purpose of exhibiting or | 23 |
| selling cigars, pipes, tobacco, and related smoking | 24 |
| devices or accessories. | 25 |
| An eligible establishment must be able to document that | 26 |
| (i) it has disclosed to all employees that if a smoking |
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| license is granted to the establishment, smoking will be | 2 |
| permitted on the premises and (ii) all employees have | 3 |
| acknowledged receiving the disclosure.
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| An eligible establishment must post prominent signage | 5 |
| notifying the public that the establishment has been | 6 |
| designated as a smoking establishment. If the eligible | 7 |
| establishment has a liquor license, it must be in | 8 |
| compliance with all of the terms of the liquor license in | 9 |
| order to receive a license to allow smoking on the | 10 |
| premises. | 11 |
| (Source: P.A. 95-17, eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect January | 13 |
| 1, 2008.".
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