SB0204 103RD GENERAL ASSEMBLY

LRB103 25660 AWJ 52009 b

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.

A BILL FOR

AN ACT concerning local government.

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 11-60-3 as follows:

(65 ILCS 5/11-60-3 new)

Sec. 11-60-3. Sale of tobacco products or tobacco accessories near schools.

(a) Notwithstanding any provision of law, nothing in this 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.

(b) A home rule municipality may not regulate the issuance or renewal of a license authorizing the sale of tobacco products or tobacco accessories in a manner inconsistent with 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 powers and functions exercised by the State.

Section 99. Effective date. This Act takes effect upon becoming law.