HB1310 EngrossedLRB097 07237 ASK 47345 b

1    AN ACT concerning liquor.
 
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 11-5-10 as follows:
 
6    (65 ILCS 5/11-5-10 new)
7    Sec. 11-5-10. Smoking licenses. The corporate authorities
8of each municipality may authorize by ordinance the local
9liquor control commission to issue smoking licenses to
10establishments eligible for a smoking license under Section 4-4
11of the Liquor Control Act of 1934.
 
12    Section 10. The Liquor Control Act of 1934 is amended by
13changing Section 4-4 as follows:
 
14    (235 ILCS 5/4-4)  (from Ch. 43, par. 112)
15    Sec. 4-4. Additional powers.
16    (a) Each local liquor control commissioner shall also have
17the following powers, functions, and duties with respect to
18licenses, other than licenses to manufacturers, importing
19distributors, distributors, foreign importers, non-resident
20dealers, non-beverage users, brokers, railroads, airplanes,
21and boats.

 

 

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1        1. To grant and or suspend for not more than thirty
2    days or revoke for cause all local licenses issued to
3    persons for premises within his jurisdiction;
4        2. To enter or to authorize any law enforcing officer
5    to enter at any time upon any premises licensed hereunder
6    to determine whether any of the provisions of this Act or
7    any rules or regulations adopted by him or by the State
8    Commission have been or are being violated, and at such
9    time to examine said premises of said licensee in
10    connection therewith;
11        3. To notify the Secretary of State where a club
12    incorporated under the General Not for Profit Corporation
13    Act of 1986 or a foreign corporation functioning as a club
14    in this State under a certificate of authority issued under
15    that Act has violated this Act by selling or offering for
16    sale at retail alcoholic liquors without a retailer's
17    license;
18        4. To receive complaint from any citizen within his
19    jurisdiction that any of the provisions of this Act, or any
20    rules or regulations adopted pursuant hereto, have been or
21    are being violated and to act upon such complaints in the
22    manner hereinafter provided;
23        5. To receive local license fees and pay the same
24    forthwith to the city, village, town or county treasurer as
25    the case may be.
26        6. If authorized by ordinance, to issue a smoking

 

 

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1    license to the following eligible establishments:
2            (A) any bar that can provide written documentation
3        that less than 10% of its total revenue comes from the
4        sale of food;
5            (B) any venue where gambling operations are
6        conducted pursuant to the Riverboat Gambling Act or the
7        Illinois Horse Racing Act of 1975;
8            (C) any venue for adult entertainment where a
9        person must be at least 18 years old to enter;
10            (D) any private club, as defined in Section 10 of
11        the Smoke Free Illinois Act, provided that at least
12        three-fifths of the private club's members have
13        requested in writing that the private club designate
14        areas for smoking; or
15            (E) any establishment hosting a convention or
16        exposition for the specific purpose of exhibiting or
17        selling cigars, pipes, tobacco, and related smoking
18        devices or accessories.
19        An eligible establishment must be able to document that
20    (i) it has disclosed to all employees that if a smoking
21    license is granted to the establishment, smoking will be
22    permitted on the premises; (ii) all employees have
23    acknowledged receiving the disclosure; and (iii) it has an
24    air filtration system that meets the size and use standards
25    of the International Mechanical Code. If the eligible
26    establishment has a liquor license, then it must be in

 

 

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1    compliance with all of the terms of the liquor license in
2    order to receive a license to allow smoking on the
3    premises.
4    (b) Each local liquor commissioner also has the duty to
5notify the Secretary of State of any convictions or
6dispositions of court supervision for a violation of Section
76-20 of this Act or a similar provision of a local ordinance.
8    (c) In counties and municipalities, the local liquor
9control commissioners shall also have the power to levy fines
10in accordance with Section 7-5 of this Act.
11(Source: P.A. 95-166, eff. 1-1-08.)
 
12    Section 15. The Smoke Free Illinois Act is amended by
13changing Section 35 as follows:
 
14    (410 ILCS 82/35)
15    Sec. 35. Exemptions. Notwithstanding any other provision
16of this Act, smoking is allowed in the following areas:
17        (1) Private residences or dwelling places, except when
18    used as a child care, adult day care, or healthcare
19    facility or any other home-based business open to the
20    public.
21        (2) Retail tobacco stores as defined in Section 10 of
22    this Act in operation prior to the effective date of this
23    amendatory Act of the 95th General Assembly. The retail
24    tobacco store shall annually file with the Department by

 

 

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1    January 31st an affidavit stating the percentage of its
2    gross income during the prior calendar year that was
3    derived from the sale of loose tobacco, plants, or herbs
4    and cigars, cigarettes, pipes, or other smoking devices for
5    smoking tobacco and related smoking accessories. Any
6    retail tobacco store that begins operation after the
7    effective date of this amendatory Act may only qualify for
8    an exemption if located in a freestanding structure
9    occupied solely by the business and smoke from the business
10    does not migrate into an enclosed area where smoking is
11    prohibited.
12        (3) (Blank).
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.
23        (5) Enclosed laboratories that are excluded from the
24    definition of "place of employment" in Section 10 of this
25    Act. Rulemaking authority to implement this amendatory Act
26    of the 95th General Assembly, if any, is conditioned on the

 

 

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1    rules being adopted in accordance with all provisions of
2    the Illinois Administrative Procedure Act and all rules and
3    procedures of the Joint Committee on Administrative Rules;
4    any purported rule not so adopted, for whatever reason, is
5    unauthorized.
6        (6) Common smoking rooms in long-term care facilities
7    operated under the authority of the Illinois Department of
8    Veterans' Affairs or licensed under the Nursing Home Care
9    Act that are accessible only to residents who are smokers
10    and have requested in writing to have access to the common
11    smoking room where smoking is permitted and the smoke shall
12    not infiltrate other areas of the long-term care facility.
13    Rulemaking authority to implement this amendatory Act of
14    the 95th General Assembly, if any, is conditioned on the
15    rules being adopted in accordance with all provisions of
16    the Illinois Administrative Procedure Act and all rules and
17    procedures of the Joint Committee on Administrative Rules;
18    any purported rule not so adopted, for whatever reason, is
19    unauthorized.
20        (7) Any eligible establishment that has obtained a
21    license to allow smoking on the premises from the local
22    liquor control commission. An eligible establishment must
23    post prominent signage notifying the public that the
24    establishment has been designated as a smoking
25    establishment.
26(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;

 

 

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196-1357, eff. 1-1-11.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.