Full Text of HB1310 97th General Assembly
HB1310eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning liquor.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by adding | 5 | | Section 11-5-10 as follows: | 6 | | (65 ILCS 5/11-5-10 new) | 7 | | Sec. 11-5-10. Smoking licenses. The corporate authorities | 8 | | of each municipality may authorize by ordinance the local | 9 | | liquor control commission to issue smoking licenses to | 10 | | establishments eligible for a smoking license under Section 4-4 | 11 | | of the Liquor Control Act of 1934. | 12 | | Section 10. The Liquor Control Act of 1934 is amended by | 13 | | changing 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 | 17 | | the
following powers, functions , and duties with respect to | 18 | | licenses, other than
licenses to manufacturers, importing | 19 | | distributors, distributors, foreign
importers, non-resident | 20 | | dealers, non-beverage users, brokers, railroads,
airplanes , | 21 | | and 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 | 5 | | notify
the Secretary of State of any convictions or | 6 | | dispositions of court supervision for a violation of Section | 7 | | 6-20 of
this Act or a similar provision of a local ordinance.
| 8 | | (c) In counties and municipalities, the local liquor | 9 | | control
commissioners shall also have the power to levy fines | 10 | | in 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 | 13 | | changing Section 35 as follows: | 14 | | (410 ILCS 82/35) | 15 | | Sec. 35. Exemptions. Notwithstanding any other provision | 16 | | of 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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| 1 | | 96-1357, eff. 1-1-11.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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