Full Text of HB1145 96th General Assembly
HB1145 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1145
Introduced 2/11/2009, by Rep. Harry R. Ramey, Jr. SYNOPSIS AS INTRODUCED: |
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235 ILCS 5/4-4 |
from Ch. 43, par. 112 |
410 ILCS 82/35 |
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Amends the Liquor Control Act of 1934. Provides that the local liquor control commissions have the power to issue a smoking license to certain eligible establishments. Provides that 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 and (ii) all employees have acknowledged receiving the disclosure. Provides that if the eligible establishment has a liquor license, 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. Amends the Smoke Free Illinois Act. Provides that smoking is allowed in any eligible establishment that has obtained a license to allow smoking on the premises from the local liquor control commission. Provides that an eligible establishment must post prominent signage notifying the public that the establishment has been designated as a smoking establishment. Effective immediately.
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A BILL FOR
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HB1145 |
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LRB096 07970 ASK 18074 b |
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| AN ACT concerning liquor.
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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 Liquor Control Act of 1934 is amended by | 5 |
| 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. Additional powers. | 8 |
| (a) Each local liquor control commissioner shall also have | 9 |
| 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 | 18 |
| to enter at any
time upon any premises licensed hereunder | 19 |
| to determine whether any of the
provisions of this Act or | 20 |
| any rules or regulations adopted by him or by the
State | 21 |
| Commission have been or are being violated, and at such | 22 |
| time to
examine said premises of said licensee in | 23 |
| connection therewith;
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HB1145 |
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LRB096 07970 ASK 18074 b |
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| 3. To notify the Secretary of State where a club | 2 |
| incorporated under the
General Not for Profit Corporation | 3 |
| Act of 1986 or a foreign corporation
functioning
as a club | 4 |
| in this State under a certificate of authority issued under | 5 |
| that
Act has violated this Act by selling or offering for | 6 |
| sale at retail alcoholic
liquors without a retailer's | 7 |
| license;
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| 4. To receive complaint from any citizen within his | 9 |
| jurisdiction that
any of the provisions of this Act, or any | 10 |
| rules or regulations adopted
pursuant hereto, have been or | 11 |
| are being violated and to act upon such
complaints in the | 12 |
| manner hereinafter provided;
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| 5. To receive local license fees and pay the same | 14 |
| forthwith to the city,
village, town or county treasurer as | 15 |
| the case may be.
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| 6. To issue a smoking license to the following eligible | 17 |
| establishments: | 18 |
| (A) any bar that can provide written documentation | 19 |
| that less than 10% of its total revenue comes from the | 20 |
| sale of food; | 21 |
| (B) any venue where gambling operations are | 22 |
| conducted pursuant to the Riverboat Gambling Act or the | 23 |
| Illinois Horse Racing Act of 1975; | 24 |
| (C) any venue for adult entertainment where a | 25 |
| person must be at least 18 years old to enter; | 26 |
| (D) any private club, as defined in Section 10 of |
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HB1145 |
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LRB096 07970 ASK 18074 b |
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| the Smoke Free Illinois Act, provided that at least | 2 |
| three-fifths of the private club's members have | 3 |
| requested in writing that the private club designate | 4 |
| areas for smoking; or | 5 |
| (E) any establishment hosting a convention or | 6 |
| exposition for the specific purpose of exhibiting or | 7 |
| selling cigars, pipes, tobacco, and related smoking | 8 |
| devices or accessories. | 9 |
| An eligible establishment must be able to document that | 10 |
| (i) it has disclosed to all employees that if a smoking | 11 |
| license is granted to the establishment, smoking will be | 12 |
| permitted on the premises and (ii) all employees have | 13 |
| acknowledged receiving the disclosure. If the eligible | 14 |
| establishment has a liquor license, it must be in | 15 |
| compliance with all of the terms of the liquor license in | 16 |
| order to receive a license to allow smoking on the | 17 |
| premises. | 18 |
| (b) Each local liquor commissioner also has the duty to | 19 |
| notify
the Secretary of State of any convictions or | 20 |
| dispositions of court supervision for a violation of Section | 21 |
| 6-20 of
this Act or a similar provision of a local ordinance.
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| (c) In counties and municipalities, the local liquor | 23 |
| control
commissioners shall also have the power to levy fines | 24 |
| in accordance with
Section 7-5 of this Act.
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| (Source: P.A. 95-166, eff. 1-1-08.)
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LRB096 07970 ASK 18074 b |
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| Section 10. The Smoke Free Illinois Act is amended by | 2 |
| changing Section 35 as follows: | 3 |
| (410 ILCS 82/35)
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| Sec. 35. Exemptions. Notwithstanding any other provision | 5 |
| of this Act, smoking is allowed in the following areas: | 6 |
| (1) Private residences or dwelling places, except when | 7 |
| used as a child care, adult day care, or healthcare | 8 |
| facility or any other home-based business open to the | 9 |
| public. | 10 |
| (2) Retail tobacco stores as defined in Section 10 of | 11 |
| this Act in operation prior to the effective date of this | 12 |
| amendatory Act of the 95th General Assembly. The retail | 13 |
| tobacco store shall annually file with the Department by | 14 |
| January 31st an affidavit stating the percentage of its | 15 |
| gross income during the prior calendar year that was | 16 |
| derived from the sale of loose tobacco, plants, or herbs | 17 |
| and cigars, cigarettes, pipes, or other smoking devices for | 18 |
| smoking tobacco and related smoking accessories. Any | 19 |
| retail tobacco store that begins operation after the | 20 |
| effective date of this amendatory Act may only qualify for | 21 |
| an exemption if located in a freestanding structure | 22 |
| occupied solely by the business and smoke from the business | 23 |
| does not migrate into an enclosed area where smoking is | 24 |
| prohibited. | 25 |
| (3) Private and semi-private rooms in nursing homes and |
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LRB096 07970 ASK 18074 b |
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| long-term care facilities that are occupied by one or more | 2 |
| persons, all of whom are smokers and have requested in | 3 |
| writing to be placed or to remain in a room where smoking | 4 |
| is permitted and the smoke shall not infiltrate other areas | 5 |
| of the nursing home. | 6 |
| (4) Hotel and motel sleeping rooms that are rented to | 7 |
| guests and are designated as smoking rooms, provided that | 8 |
| all smoking rooms on the same floor must be contiguous and | 9 |
| smoke from these rooms must not infiltrate into nonsmoking | 10 |
| rooms or other areas where smoking is prohibited. Not more | 11 |
| than 25% of the rooms rented to guests in a hotel or motel | 12 |
| may be designated as rooms where smoking is allowed. The | 13 |
| status of rooms as smoking or nonsmoking may not be | 14 |
| changed, except to permanently add additional nonsmoking | 15 |
| rooms.
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| (5) Any eligible establishment that has obtained a | 17 |
| license to allow smoking on the premises from the local | 18 |
| liquor control commission. An eligible establishment must | 19 |
| post prominent signage notifying the public that the | 20 |
| establishment has been designated as a smoking | 21 |
| establishment. | 22 |
| (Source: P.A. 95-17, eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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