Bill Text: IL HB5355 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5355 Detail]

Download: Illinois-2011-HB5355-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5355 Introduced , 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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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by adding
Section 11-42-10.3 as follows:
(65 ILCS 5/11-42-10.3 new)
Sec. 11-42-10.3. Smoking licenses. The local liquor
control commission shall issue a smoking license to any
establishment eligible for a smoking license under Section 4-4
of the Liquor Control Act of 1934.
A home rule unit may not issue smoking licenses in a manner
inconsistent with the regulation of the issuance of smoking
licenses under this Section. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
home rule units of powers and functions exercised by the State.
Section 10. The Liquor Control Act of 1934 is amended by
changing Section 4-4 as follows:
(235 ILCS 5/4-4) (from Ch. 43, par. 112)
Sec. 4-4. Additional powers.
(a) Each local liquor control commissioner shall also have

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

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manner hereinafter provided;
5. To receive local license fees and pay the same
forthwith to the city, village, town or county treasurer as
the case may be.
(b) Each local liquor control commissioner shall issue a
smoking license to the following eligible establishments:
(1) any bar that can provide written documentation that
less than 10% of its total revenue comes from the sale of
food;
(2) any venue where gambling operations are conducted
pursuant to the Riverboat Gambling Act or the Illinois
Horse Racing Act of 1975;
(3) any venue for adult entertainment where a person
must be at least 18 years old to enter;
(4) any private club, as defined in Section 10 of the
Smoke Free Illinois Act, provided that at least
three-fifths of the private club's members have requested
in writing that the private club designate areas for
smoking; or
(5) any establishment hosting a convention or
exposition for the specific purpose of exhibiting or
selling cigars, pipes, tobacco, and related smoking
devices or accessories.
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

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

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

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

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procedures of the Joint Committee on Administrative Rules;
any purported rule not so adopted, for whatever reason, is
unauthorized.
(7) Any eligible establishment that has obtained a
license to allow smoking on the premises from the local
liquor control commission. An eligible establishment must
post prominent signage notifying the public that the
establishment has been designated as a smoking
establishment.
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
96-1357, eff. 1-1-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.