Illinois General Assembly - Full Text of HB4184
Illinois General Assembly

Previous General Assemblies

Full Text of HB4184  95th General Assembly


Environmental Health Committee

Adopted in House Comm. on Mar 04, 2008





09500HB4184ham001 LRB095 14351 RAS 47000 a


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



09500HB4184ham001 - 2 - LRB095 14351 RAS 47000 a

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;



09500HB4184ham001 - 3 - LRB095 14351 RAS 47000 a

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.



09500HB4184ham001 - 4 - LRB095 14351 RAS 47000 a

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



09500HB4184ham001 - 5 - LRB095 14351 RAS 47000 a

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



09500HB4184ham001 - 6 - LRB095 14351 RAS 47000 a

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.)



09500HB4184ham001 - 7 - LRB095 14351 RAS 47000 a

1     Section 99. Effective date. This Act takes effect January
2 1, 2009.".