For purposes of this chapter, the following words have the following meanings:
BUSINESS: Any sole proprietorship, partnership, joint venture, corporation, association, limited liability partnership, limited liability company or other business entity, whether formed for profit or nonprofit purposes.
ELECTRONIC CIGARETTE OR E-CIGARETTE: Any device that utilizes or employs a battery or other mechanism to heat a solution or substance intended for inhalation and which causes such device to produce or the user to exhale smoke, nicotine, vapor, aerosol, or other substance other than those produced or exhaled by unenhanced human expiration of air from the lungs. “Electronic cigarette” includes, but is not limited to, any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, vape pod, or other similar product or device. “Electronic cigarette” also includes any cartridge or container of a solution or substance intended to be used with an electronic cigarette and any solution or substance intended for use in an electronic cigarette. However, “electronic cigarette” does not include cigarettes as defined by the Illinois Cigarette Tax Act; tobacco products as defined by the Tobacco Products Act; products approved by the U.S. Food and Drug Administration for sale as tobacco cessation products, tobacco dependence products, or for other medical purposes and used solely for such purpose; asthma inhalers or other medical devices approved by the U.S. Food and Drug Administration, prescribed by a physician for the purpose of mitigation, treatment or prevention of a medical condition, and used solely for such prescribed purpose; and products approved for use under and in accordance with the Compassionate Use of Medical Cannabis Pilot Program Act.
EMPLOYEE: Any 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.”Employee” includes the owner or operator of a sole proprietorship or other similar business entity.
EMPLOYER: Any person, business, partnership, association, or corporation, including a municipal corporation, trust, or non- profit entity, that employs the services of one or more employees.
ENCLOSED AREA: All space between a floor and a ceiling that is enclosed or partially enclosed with: a) solid walls or windows, exclusive of doorways, or b) 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: 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 activities.
NICOTINE: Any form of nicotine, regardless of whether it is naturally, chemically, or synthetically derived, including any salt or complex thereof.
PLACE OF EMPLOYMENT: Any area under the control of a public or private employer within the village 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 of fifteen feet (15') 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 class rooms; break rooms and cafeterias; and other common areas. A private residence or home based business, unless used to provide licensed childcare, foster care, adult care, or other similar social service care on the premises, is not a "place of employment".
PRIVATE CLUB OR LODGE: A not for profit association, whether incorporated or not, that is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times and is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and 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 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 USC 501.
PRIVATE RESIDENCE: 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 ENTRANCE: Every doorway or other entrance to a public place or place of employment.
PUBLIC PLACE: That portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicles is owned in whole or in part by private persons or entities, the state of Illinois, the village of Creve Coeur, or any other public entity and regardless of whether a fee is charged for admission, including a minimum distance of fifteen feet (15') 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 childcare, foster care or other similar social service care on the premises. A public place includes, but is not limited to:
Any business.
Auditoriums.
Bars/taverns.
Bowling alleys.
Cafeterias.
Commercial establishments.
Common or public areas (including, without limitation, lobbies, hallways, waiting rooms, reception areas, public restrooms, elevators and staircases) and common areas of multiple-family residences, condominiums, dormitory buildings, nursing home care facilities, and other multiple- family residential structures.
Concert halls.
Convention facilities.
Educational facilities.
Enclosed or partially enclosed sports arenas.
Exhibition halls.
Financial institutions.
Food stores.
Gaming facilities.
Government owned vehicles and facilities, including buildings and vehicles owned, leased, or operated by the State of Illinois, State of Illinois subcontract, or the village.
Healthcare facilities or clinics.
Indoor shopping malls.
Laundromats.
Libraries.
Lobbies.
Museums.
Not less than seventy-five percent (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, excluding private residences.
Nursing homes.
Offices.
Polling places.
Private clubs.
Public conveyances.
Public restrooms.
Public transportation facilities.
Reception areas.
Restaurants.
Retail food production and marketing establishments.
Retail service establishments.
Retail stores.
Rooms, chambers, halls, or other locations within which meetings, hearings, or gatherings are held, to which the public is invited or in which the public is permitted, including specifically, but without limitation, any indoor enclosed area under the control of the village where there is in progress any public meeting.
Schools.
Skating rinks.
Theaters, indoor or outdoor.
Ticket areas.
Vehicles of public transport.
Waiting areas.
RESTAURANT: 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 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: A retail establishment that derives more than eighty percent (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 eighty percent (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.
SMOKE OR SMOKING: Inhaling, exhaling, burning, smoking, or carrying any lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted smoking equipment. “Smoke” or “smoking” includes the use, inhaling, exhaling, or burning of any nicotine product or electronic cigarette.
TOBACCO PRODUCT: Any product containing or made from tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, and any other smokeless tobacco product which contains tobacco that is finely cut, ground, powdered, or leave and intended to be placed in the oral cavity. “Tobacco product” includes any component, part, and accessory of a tobacco product, whether or not sold separately. “Tobacco product” does not include electronic cigarettes, nicotine products, and products that have been approved by the U.S. Food and Drug Administration for sale as tobacco cessation products, tobacco dependence products, or for other medical purposes and used solely for such purpose.
VILLAGE: The village of Creve Coeur. (Ord. 674, 6-9-2010; amd. Ord. 886, 7-24-2019)