Public Act 096-0797
 		





SB1685 Enrolled
LRB096 11030 RPM 21330 b






    AN ACT concerning public health.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The Smoke Free Illinois Act is amended  by 
changing Section 10 as follows:
 
    (410 ILCS 82/10)

    Sec. 10. Definitions. In this Act:
    "Bar" means an establishment that is devoted to the serving 
of alcoholic beverages for consumption by guests on the 
premises and that derives no more than 10% of its gross revenue 
from the sale of food consumed on the premises. "Bar" includes, 
but is not limited to, taverns, nightclubs, cocktail lounges, 
adult entertainment facilities, and cabarets. 
    "Department" means the Department of Public Health.

    "Employee" means a person who is employed by an employer in 
consideration for direct or indirect monetary wages or profits 
or a person who volunteers his or her services for a non-profit 
entity. 
    "Employer" means a person, business, partnership, 
association, or corporation, including a municipal 
corporation, trust, or non-profit entity, that employs the 
services of one or more individual persons. 
    "Enclosed area" means all space between a floor and a 
ceiling that is enclosed or partially enclosed with (i) solid 
walls or windows, exclusive of doorways, or (ii) solid walls 
with partitions and no windows, exclusive of doorways, that 
extend from the floor to the ceiling, including, without 
limitation, lobbies and corridors. 
    "Enclosed or partially enclosed sports arena" means any 
sports pavilion, stadium, gymnasium, health spa, boxing arena, 
swimming pool, roller rink, ice rink, bowling alley, or other 
similar place where members of the general public assemble to 
engage in physical exercise or participate in athletic 
competitions or recreational activities or to witness sports, 
cultural, recreational, or other events. 
    "Gaming equipment or supplies" means gaming 
equipment/supplies as defined in the Illinois Gaming Board 
Rules of the Illinois Administrative Code.
    "Gaming facility" means an establishment utilized 
primarily for the purposes of gaming and where gaming equipment 
or  supplies are operated for the purposes of accruing business 
revenue.
    "Healthcare facility" means an office or institution 
providing care or treatment of diseases, whether physical, 
mental, or emotional, or other medical, physiological, or 
psychological conditions, including, but not limited to, 
hospitals, rehabilitation hospitals, weight control clinics, 
nursing homes, homes for the aging or chronically ill, 
laboratories, and offices of surgeons, chiropractors, physical 
therapists, physicians, dentists, and all specialists within 
these professions.  "Healthcare facility" includes all waiting 
rooms, hallways, private rooms, semiprivate rooms, and wards 
within healthcare facilities. 
    "Place of employment" means any area under the control of a 
public or private employer that employees are required to 
enter, leave, or pass through during the course of employment, 
including, but not limited to entrances and exits to places of 
employment, including a minimum distance, as set forth in 
Section 70 of this Act, of 15 feet from entrances, exits, 
windows that open, and ventilation intakes that serve an 
enclosed area where smoking is prohibited; offices and work 
areas; restrooms; conference and classrooms; break rooms and 
cafeterias; and other common areas. A private residence or 
home-based business, unless used to provide licensed child 
care, foster care, adult care, or other similar social service 
care on the premises, is not a "place of employment", nor are 
enclosed laboratories, not open to the public, in an accredited

university or government facility where the activity of smoking 
is
exclusively conducted for the purpose of medical or 
scientific health-related research. Rulemaking authority to 
implement this amendatory Act of the 95th General Assembly, if 
any, is conditioned on the rules being adopted in accordance 
with all provisions of the Illinois Administrative Procedure 
Act and all rules and procedures of the Joint Committee on 
Administrative Rules; any purported rule not so adopted, for 
whatever reason, is unauthorized. 

    "Private club" means   a not-for-profit association that (1) 
has been in active and continuous existence for at least 3 
years prior to the effective date of this amendatory Act of the 
95th General Assembly,  whether incorporated or not, (2) is the 
owner, lessee, or occupant of a building or portion thereof 
used exclusively for club purposes at all times, (3) is 
operated solely for a recreational, fraternal, social, 
patriotic, political, benevolent, or athletic purpose, but not 
for pecuniary gain, and (4) only sells alcoholic beverages 
incidental to its operation. For purposes of this definition, 
"private club" means an organization that is managed by a board 
of directors, executive committee, or similar body chosen by 
the members at an annual meeting, has established bylaws, a 
constitution, or both to govern its activities, and has been 
granted an exemption from the payment of federal income tax as 
a club under 26 U.S.C. 501. 
    "Private residence" means the part of a structure used as a 
dwelling, including, without limitation: a private home, 
townhouse, condominium, apartment, mobile home, vacation home, 
cabin, or cottage. For the purposes of this definition, a 
hotel, motel, inn, resort, lodge, bed and breakfast or other 
similar public accommodation, hospital, nursing home, or 
assisted living facility shall not be considered a private 
residence. 
    "Public place" means that portion of any building or 
vehicle used by and open to the public, regardless of whether 
the building or vehicle is owned in whole or in part by private 
persons or entities, the State of Illinois, or any other public 
entity and regardless of whether a fee is charged for 
admission, including a minimum distance, as set forth in 
Section 70 of this Act, of 15 feet from entrances, exits, 
windows that open, and ventilation intakes that serve an 
enclosed area where smoking is prohibited.  A "public place" 
does not include a private residence unless the private 
residence is used to provide licensed child care, foster care, 
or other similar social service care on the premises. A "public 
place" includes, but is not limited to,
hospitals, restaurants, 
retail stores, offices, commercial establishments,
elevators, 
indoor theaters, libraries, museums, concert halls, public

conveyances, educational facilities, nursing homes, 
auditoriums, enclosed or partially enclosed sports arenas,
 
meeting rooms, schools, exhibition halls, convention 
facilities, polling places, private clubs, gaming facilities, 
all government owned vehicles and facilities, including 
buildings and vehicles owned, leased, or operated by the State 
or State subcontract, healthcare facilities or clinics, 
enclosed shopping centers, retail service establishments, 
financial institutions, educational facilities, ticket areas, 
public hearing facilities, public restrooms, waiting areas, 
lobbies, bars, taverns, bowling alleys, skating rinks, 
reception areas, and no less than 75% of the sleeping quarters 
within a hotel, motel, resort, inn, lodge, bed and breakfast, 
or other similar public accommodation that are rented to 
guests, but excludes private residences. 

    "Restaurant" means (i) an eating establishment, including, 
but not limited to, coffee shops, cafeterias, sandwich stands, 
and private and public school cafeterias, that gives or offers 
for sale food to the public, guests, or employees, and (ii) a 
kitchen or catering facility in which food is prepared on the 
premises for serving elsewhere.  "Restaurant" includes a bar 
area within the restaurant.
    "Retail tobacco store" means a retail establishment that 
derives more than 80% of its gross revenue from the sale of 
loose tobacco, plants, or herbs and cigars, cigarettes, pipes, 
and other smoking devices for burning tobacco and related 
smoking accessories and in which the sale of other products is 
merely incidental.  "Retail tobacco store" includes an enclosed 
workplace that manufactures, imports, or distributes tobacco 
or tobacco products, when, as a necessary and integral part of 
the process of making, manufacturing, importing, or 
distributing a tobacco product for the eventual retail sale of 
that tobacco or tobacco product, tobacco is heated, burned, or 
smoked, or a lighted tobacco product is tested, provided that 
the involved business entity: (1) maintains a specially 
designated area or areas within the workplace for the purpose 
of the heating, burning, smoking, or lighting activities, and 
does not create a facility that permits smoking throughout; (2) 
satisfies the 80% requirement related to gross sales; and (3) 
delivers tobacco products to consumers, retail establishments, 
or other wholesale establishments as part of its business. 
"Retail tobacco store" does not include a tobacco department or 
section of a larger commercial establishment or any 
establishment with any type of liquor, food, or restaurant 
license. Rulemaking authority to implement this amendatory Act 
of the 95th General Assembly, if any, is conditioned on the 
rules being adopted in accordance with all provisions of the 
Illinois Administrative Procedure Act and all rules and 
procedures of the Joint Committee on Administrative Rules; any 
purported rule not so adopted, for whatever reason, is 
unauthorized. 
    "Smoke" or "smoking" means the carrying, smoking, burning, 
inhaling, or exhaling of any kind of lighted pipe, cigar, 
cigarette, hookah, weed, herbs, or any other lighted smoking 
equipment. "Smoke" or "smoking" does not include smoking that 
is associated with a native recognized religious ceremony, 
ritual, or activity by American Indians that is in accordance 
with the federal American Indian Religious Freedom Act, 42 
U.S.C. 1996 and 1996a. 

    "State agency" has the meaning formerly ascribed to it in 
subsection
(a) of Section 3 of the Illinois Purchasing Act (now 
repealed).

    "Unit of local government" has the meaning ascribed to it 
in Section
1 of Article VII of the Illinois Constitution of 
1970.

(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)