Environmental Health Committee
Adopted in House Comm. on Mar 04, 2008
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4184
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4184 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Liquor Control Act of 1934 is amended by | ||||||
5 | changing Section 4-4 as follows:
| ||||||
6 | (235 ILCS 5/4-4) (from Ch. 43, par. 112)
| ||||||
7 | Sec. 4-4. Each local liquor control commissioner shall also | ||||||
8 | have the
following powers, functions and duties with respect to | ||||||
9 | licenses, other than
licenses to manufacturers, importing | ||||||
10 | distributors, distributors, foreign
importers, non-resident | ||||||
11 | dealers, non-beverage users, brokers, railroads,
airplanes and | ||||||
12 | boats.
| ||||||
13 | 1. To grant and or suspend for not more than thirty | ||||||
14 | days or revoke for
cause all local licenses issued to | ||||||
15 | persons for premises within his
jurisdiction;
| ||||||
16 | 2. To enter or to authorize any law enforcing officer |
| |||||||
| |||||||
1 | to enter at any
time upon any premises licensed hereunder | ||||||
2 | to determine whether any of the
provisions of this Act or | ||||||
3 | any rules or regulations adopted by him or by the
State | ||||||
4 | Commission have been or are being violated, and at such | ||||||
5 | time to
examine said premises of said licensee in | ||||||
6 | connection therewith;
| ||||||
7 | 3. To notify the Secretary of State where a club | ||||||
8 | incorporated under the
General Not for Profit Corporation | ||||||
9 | Act of 1986 or a foreign corporation
functioning
as a club | ||||||
10 | in this State under a certificate of authority issued under | ||||||
11 | that
Act has violated this Act by selling or offering for | ||||||
12 | sale at retail alcoholic
liquors without a retailer's | ||||||
13 | license;
| ||||||
14 | 4. To receive complaint from any citizen within his | ||||||
15 | jurisdiction that
any of the provisions of this Act, or any | ||||||
16 | rules or regulations adopted
pursuant hereto, have been or | ||||||
17 | are being violated and to act upon such
complaints in the | ||||||
18 | manner hereinafter provided;
| ||||||
19 | 5. To receive local license fees and pay the same | ||||||
20 | forthwith to the city,
village, town or county treasurer as | ||||||
21 | the case may be.
| ||||||
22 | 6. To issue a smoking license to the following eligible | ||||||
23 | establishments: | ||||||
24 | (A) any bar that can provide written documentation | ||||||
25 | that less than 10% of its total revenue comes from the | ||||||
26 | sale of food; |
| |||||||
| |||||||
1 | (B) any venue where gambling operations are | ||||||
2 | conducted pursuant to the Riverboat Gambling Act or the | ||||||
3 | Illinois Horse Racing Act of 1975; | ||||||
4 | (C) any venue for adult entertainment where a | ||||||
5 | person must be at least 18 years old to enter; | ||||||
6 | (D) any private club, as defined in Section 10 of | ||||||
7 | the Smoke Free Illinois Act, provided that at least | ||||||
8 | three-fifths of the private club's members have | ||||||
9 | requested in writing that the private club designate | ||||||
10 | areas for smoking; or | ||||||
11 | (E) any establishment hosting a convention or | ||||||
12 | exposition for the specific purpose of exhibiting or | ||||||
13 | selling cigars, pipes, tobacco, and related smoking | ||||||
14 | devices or accessories. | ||||||
15 | An eligible establishment must be able to document that (i) | ||||||
16 | it has disclosed to all employees that if a smoking license is | ||||||
17 | granted to the establishment, smoking will be permitted on the | ||||||
18 | premises and (ii) all employees have acknowledged receiving the | ||||||
19 | disclosure. If the eligible establishment has a liquor license, | ||||||
20 | it must be in compliance with all of the terms of the liquor | ||||||
21 | license in order to receive a license to allow smoking on the | ||||||
22 | premises. | ||||||
23 | Each local liquor commissioner also has the duty to notify
| ||||||
24 | the Secretary of State of any convictions or dispositions of | ||||||
25 | court supervision for a violation of Section 6-20 of
this Act | ||||||
26 | or a similar provision of a local ordinance.
|
| |||||||
| |||||||
1 | In counties and municipalities, the local liquor control
| ||||||
2 | commissioners shall also have the power to levy fines in | ||||||
3 | accordance with
Section 7-5 of this Act.
| ||||||
4 | (Source: P.A. 95-166, eff. 1-1-08.)
| ||||||
5 | Section 10. The Smoke Free Illinois Act is amended by | ||||||
6 | changing Section 35 as follows: | ||||||
7 | (410 ILCS 82/35)
| ||||||
8 | Sec. 35. Exemptions. Notwithstanding any other provision | ||||||
9 | of this Act, smoking is allowed in the following areas: | ||||||
10 | (1) Private residences or dwelling places, except when | ||||||
11 | used as a child care, adult day care, or healthcare | ||||||
12 | facility or any other home-based business open to the | ||||||
13 | public. | ||||||
14 | (2) Retail tobacco stores as defined in Section 10 of | ||||||
15 | this Act in operation prior to the effective date of this | ||||||
16 | amendatory Act of the 95th General Assembly. The retail | ||||||
17 | tobacco store shall annually file with the Department by | ||||||
18 | January 31st an affidavit stating the percentage of its | ||||||
19 | gross income during the prior calendar year that was | ||||||
20 | derived from the sale of loose tobacco, plants, or herbs | ||||||
21 | and cigars, cigarettes, pipes, or other smoking devices for | ||||||
22 | smoking tobacco and related smoking accessories. Any | ||||||
23 | retail tobacco store that begins operation after the | ||||||
24 | effective date of this amendatory Act may only qualify for |
| |||||||
| |||||||
1 | an exemption if located in a freestanding structure | ||||||
2 | occupied solely by the business and smoke from the business | ||||||
3 | does not migrate into an enclosed area where smoking is | ||||||
4 | prohibited. | ||||||
5 | (3) Private and semi-private rooms in nursing homes and | ||||||
6 | long-term care facilities that are occupied by one or more | ||||||
7 | persons, all of whom are smokers and have requested in | ||||||
8 | writing to be placed or to remain in a room where smoking | ||||||
9 | is permitted and the smoke shall not infiltrate other areas | ||||||
10 | of the nursing home. | ||||||
11 | (4) Hotel and motel sleeping rooms that are rented to | ||||||
12 | guests and are designated as smoking rooms, provided that | ||||||
13 | all smoking rooms on the same floor must be contiguous and | ||||||
14 | smoke from these rooms must not infiltrate into nonsmoking | ||||||
15 | rooms or other areas where smoking is prohibited. Not more | ||||||
16 | than 25% of the rooms rented to guests in a hotel or motel | ||||||
17 | may be designated as rooms where smoking is allowed. The | ||||||
18 | status of rooms as smoking or nonsmoking may not be | ||||||
19 | changed, except to permanently add additional nonsmoking | ||||||
20 | rooms.
| ||||||
21 | (5) Any eligible establishment that has obtained a | ||||||
22 | license to allow smoking on the premises from the local | ||||||
23 | liquor control commission. An eligible establishment must | ||||||
24 | post prominent signage notifying the public that the | ||||||
25 | establishment has been designated as a smoking | ||||||
26 | establishment. Notwithstanding any other rulemaking |
| |||||||
| |||||||
1 | authority that may exist, neither the Governor nor any | ||||||
2 | agency or agency head under the jurisdiction of the | ||||||
3 | Governor has any authority to make or promulgate rules to | ||||||
4 | implement or enforce the provisions of this amendatory Act | ||||||
5 | of the 95th General Assembly. If, however, the Governor | ||||||
6 | believes that rules are necessary to implement or enforce | ||||||
7 | the provisions of this amendatory Act of the 95th General | ||||||
8 | Assembly, the Governor may suggest rules to the General | ||||||
9 | Assembly by filing them with the Clerk of the House and the | ||||||
10 | Secretary of the Senate and by requesting that the General | ||||||
11 | Assembly authorize such rulemaking by law, enact those | ||||||
12 | suggested rules into law, or take any other appropriate | ||||||
13 | action in the General Assembly's discretion. Nothing | ||||||
14 | contained in this amendatory Act of the 95th General | ||||||
15 | Assembly shall be interpreted to grant rulemaking | ||||||
16 | authority under any other Illinois statute where such | ||||||
17 | authority is not otherwise explicitly given. For the | ||||||
18 | purposes of this amendatory Act of the 95th General | ||||||
19 | Assembly, "rules" is given the meaning contained in Section | ||||||
20 | 1-70 of the Illinois Administrative Procedure Act, and | ||||||
21 | "agency" and "agency head" are given the meanings contained | ||||||
22 | in Sections 1-20 and 1-25 of the Illinois Administrative | ||||||
23 | Procedure Act to the extent that such definitions apply to | ||||||
24 | agencies or agency heads under the jurisdiction of the | ||||||
25 | Governor. | ||||||
26 | (Source: P.A. 95-17, eff. 1-1-08.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect January | ||||||
2 | 1, 2009.".
|