96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1145

 

Introduced 2/11/2009, by Rep. Harry R. Ramey, Jr.

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/4-4   from Ch. 43, par. 112
410 ILCS 82/35

    Amends the Liquor Control Act of 1934. Provides that the local liquor control commissions have the power to issue a smoking license to certain eligible establishments. Provides that 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 premises and (ii) all employees have acknowledged receiving the disclosure. Provides that if the eligible establishment has a liquor license, 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. Amends the Smoke Free Illinois Act. Provides that smoking is allowed in any eligible establishment that has obtained a license to allow smoking on the premises from the local liquor control commission. Provides that an eligible establishment must post prominent signage notifying the public that the establishment has been designated as a smoking establishment. Effective immediately.


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A BILL FOR

 

HB1145 LRB096 07970 ASK 18074 b

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 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. Additional powers.
8     (a) Each local liquor control commissioner shall also have
9 the following powers, functions and duties with respect to
10 licenses, other than licenses to manufacturers, importing
11 distributors, distributors, foreign importers, non-resident
12 dealers, non-beverage users, brokers, railroads, airplanes and
13 boats.
14         1. To grant and or suspend for not more than thirty
15     days or revoke for cause all local licenses issued to
16     persons for premises within his jurisdiction;
17         2. To enter or to authorize any law enforcing officer
18     to enter at any time upon any premises licensed hereunder
19     to determine whether any of the provisions of this Act or
20     any rules or regulations adopted by him or by the State
21     Commission have been or are being violated, and at such
22     time to examine said premises of said licensee in
23     connection therewith;

 

 

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1         3. To notify the Secretary of State where a club
2     incorporated under the General Not for Profit Corporation
3     Act of 1986 or a foreign corporation functioning as a club
4     in this State under a certificate of authority issued under
5     that Act has violated this Act by selling or offering for
6     sale at retail alcoholic liquors without a retailer's
7     license;
8         4. To receive complaint from any citizen within his
9     jurisdiction that any of the provisions of this Act, or any
10     rules or regulations adopted pursuant hereto, have been or
11     are being violated and to act upon such complaints in the
12     manner hereinafter provided;
13         5. To receive local license fees and pay the same
14     forthwith to the city, village, town or county treasurer as
15     the case may be.
16         6. To issue a smoking license to the following eligible
17     establishments:
18             (A) any bar that can provide written documentation
19         that less than 10% of its total revenue comes from the
20         sale of food;
21             (B) any venue where gambling operations are
22         conducted pursuant to the Riverboat Gambling Act or the
23         Illinois Horse Racing Act of 1975;
24             (C) any venue for adult entertainment where a
25         person must be at least 18 years old to enter;
26             (D) any private club, as defined in Section 10 of

 

 

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1         the Smoke Free Illinois Act, provided that at least
2         three-fifths of the private club's members have
3         requested in writing that the private club designate
4         areas for smoking; or
5             (E) any establishment hosting a convention or
6         exposition for the specific purpose of exhibiting or
7         selling cigars, pipes, tobacco, and related smoking
8         devices or accessories.
9         An eligible establishment must be able to document that
10     (i) it has disclosed to all employees that if a smoking
11     license is granted to the establishment, smoking will be
12     permitted on the premises and (ii) all employees have
13     acknowledged receiving the disclosure. If the eligible
14     establishment has a liquor license, it must be in
15     compliance with all of the terms of the liquor license in
16     order to receive a license to allow smoking on the
17     premises.
18     (b) Each local liquor commissioner also has the duty to
19 notify the Secretary of State of any convictions or
20 dispositions of court supervision for a violation of Section
21 6-20 of this Act or a similar provision of a local ordinance.
22     (c) In counties and municipalities, the local liquor
23 control commissioners shall also have the power to levy fines
24 in accordance with Section 7-5 of this Act.
25 (Source: P.A. 95-166, eff. 1-1-08.)
 

 

 

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1     Section 10. The Smoke Free Illinois Act is amended by
2 changing Section 35 as follows:
 
3     (410 ILCS 82/35)
4     Sec. 35. Exemptions. Notwithstanding any other provision
5 of this Act, smoking is allowed in the following areas:
6         (1) Private residences or dwelling places, except when
7     used as a child care, adult day care, or healthcare
8     facility or any other home-based business open to the
9     public.
10         (2) Retail tobacco stores as defined in Section 10 of
11     this Act in operation prior to the effective date of this
12     amendatory Act of the 95th General Assembly. The retail
13     tobacco store shall annually file with the Department by
14     January 31st an affidavit stating the percentage of its
15     gross income during the prior calendar year that was
16     derived from the sale of loose tobacco, plants, or herbs
17     and cigars, cigarettes, pipes, or other smoking devices for
18     smoking tobacco and related smoking accessories. Any
19     retail tobacco store that begins operation after the
20     effective date of this amendatory Act may only qualify for
21     an exemption if located in a freestanding structure
22     occupied solely by the business and smoke from the business
23     does not migrate into an enclosed area where smoking is
24     prohibited.
25         (3) Private and semi-private rooms in nursing homes and

 

 

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1     long-term care facilities that are occupied by one or more
2     persons, all of whom are smokers and have requested in
3     writing to be placed or to remain in a room where smoking
4     is permitted and the smoke shall not infiltrate other areas
5     of the nursing home.
6         (4) Hotel and motel sleeping rooms that are rented to
7     guests and are designated as smoking rooms, provided that
8     all smoking rooms on the same floor must be contiguous and
9     smoke from these rooms must not infiltrate into nonsmoking
10     rooms or other areas where smoking is prohibited. Not more
11     than 25% of the rooms rented to guests in a hotel or motel
12     may be designated as rooms where smoking is allowed. The
13     status of rooms as smoking or nonsmoking may not be
14     changed, except to permanently add additional nonsmoking
15     rooms.
16         (5) Any eligible establishment that has obtained a
17     license to allow smoking on the premises from the local
18     liquor control commission. An eligible establishment must
19     post prominent signage notifying the public that the
20     establishment has been designated as a smoking
21     establishment.
22 (Source: P.A. 95-17, eff. 1-1-08.)
 
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.