103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0204

 

Introduced 1/31/2023, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-60-3 new

    Amends the Issuing Licenses and Abating Nuisances Division of the Illinois Municipal Code. Provides that nothing in the Division shall prohibit the issuance or renewal of a license authorizing the sale of tobacco products or tobacco accessories at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of the property line of any building or other location used primarily as a school if: (1) the school is a private elementary school; (2) the school is located within the boundaries of West Devon Avenue, West Rosemont Avenue, North Mozart Street, and North Fairfield Avenue; and (3) the sale of tobacco products or tobacco accessories at the premises occurs only after school hours until no later than 2 a.m. Limits the concurrent exercise of home rule powers. Effective immediately.


LRB103 25660 AWJ 52009 b

 

 

A BILL FOR

 

SB0204LRB103 25660 AWJ 52009 b

1    AN ACT concerning local government.
 
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
5adding Section 11-60-3 as follows:
 
6    (65 ILCS 5/11-60-3 new)
7    Sec. 11-60-3. Sale of tobacco products or tobacco
8accessories near schools.
9    (a) Notwithstanding any provision of law, nothing in this
10Division shall prohibit the issuance or renewal of a license
11authorizing the sale of tobacco products or tobacco
12accessories at a premises that is located within a
13municipality with a population in excess of 1,000,000
14inhabitants and is within 100 feet of the property line of any
15building or other location used primarily as a school if:
16        (1) the school is a private elementary school;
17        (2) the school is located within the boundaries of
18    West Devon Avenue, West Rosemont Avenue, North Mozart
19    Street, and North Fairfield Avenue; and
20        (3) the sale of tobacco products or tobacco
21    accessories at the premises occurs only after school hours
22    until no later than 2 a.m.
23    (b) A home rule municipality may not regulate the issuance

 

 

SB0204- 2 -LRB103 25660 AWJ 52009 b

1or renewal of a license authorizing the sale of tobacco
2products or tobacco accessories in a manner inconsistent with
3this Section. This Section is a limitation under subsection
4(i) of Section 6 of Article VII of the Illinois Constitution on
5the concurrent exercise by home rule units of powers and
6functions exercised by the State.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.