(A) Definitions: For the purposes of this section, the following terms shall have the meanings respectively ascribed to them:
BAR: An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than ten percent (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: The Illinois department of public health.
EMPLOYEE: 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 nonprofit entity.
EMPLOYER: A person, business, partnership, association, or corporation, including a municipal corporation, trust, or nonprofit entity, that employs the services of one or more individual persons.
ENCLOSED AREA: All space between a floor and a ceiling that is enclosed or partially enclosed with: 1) solid walls or windows, exclusive of doorways, or 2) 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 events.
GAMING EQUIPMENT OR SUPPLIES: Gaming equipment/supplies as defined in the Illinois gaming board rules of the Illinois administrative code.
GAMING FACILITY: 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: 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: 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 subsection (G) of this section, 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 classrooms; breakrooms 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: A not for profit association that: 1) has been in active and continuous existence for at least three (3) years prior to the effective date of this ordinance, 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 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 PLACE: 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 city of East Moline, or any other public entity and regardless of whether a fee is charged for admission, including a minimum distance, as set forth in subsection (G) of this section, 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, 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 city of East Moline or city 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 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, but excludes private residences.
RESTAURANT: 1. 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
2. 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" 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: The carrying, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted smoking equipment.
(B) Prohibited Acts: No person shall smoke in a public place or in any place of employment or within fifteen feet (15') of any entrance to a public place or in any place of employment. No person may smoke in any vehicle owned, leased, or operated by the city or any political subdivision of the city. Smoking is prohibited in indoor public places and workplaces unless specifically exempted by subsection (F) of this section.
(C) Posting Of Signs; Removal Of Ashtrays:
1. "No Smoking" signs or the international "no smoking" symbol, consisting of pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted in each public place and place of employment where smoking is prohibited by this ordinance by the owner, operator, manager, or other person in control of that place.
2. Each public place and place of employment where smoking is prohibited by this ordinance shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.
3. All ashtrays shall be removed from any area where smoking is prohibited by this ordinance by the owner, operator, manager, or other person having control of the area.
(D) Smoking Prohibited In Student Dormitories: Notwithstanding any other provision of this ordinance, smoking is prohibited in any portion of the living quarters, including, but not limited to, sleeping rooms, dining areas, restroom, laundry areas, lobbies, and hallways, of a building used in whole or in part as a student dormitory that is owned and operated or otherwise utilized by a public or private institution of higher education.
(E) Designation Of Other Nonsmoking Areas: Notwithstanding any other provision of this ordinance, any employer, owner, occupant, lessee, operator, manager, or other person in control of any public place or place of employment may designate a nonenclosed area of a public place or place of employment, including outdoor areas, as an area where smoking is prohibited provided that such employer, owner, lessee, or occupant shall conspicuously post signs prohibiting smoking in the manner described in subsection (C) of this section.
(F) Exemptions: Notwithstanding any other provision of this ordinance, smoking is allowed in the following areas:
1. Private residences or dwelling places, except when used as a childcare, adult daycare, or healthcare facility or any other home based business open to the public.
2. Retail tobacco stores as defined in subsection (A) of this section in operation prior to the effective date of this ordinance. The retail tobacco store shall annually file with the department and the local liquor control commissioner for the city of East Moline by January 31 an affidavit stating the percentage of its gross income during the prior calendar year that derived from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, or other smoking devices for smoking tobacco and related smoking accessories. Any retail tobacco store that begins operation after the effective date of this ordinance may only qualify for an exemption if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited.
3. Private and semiprivate rooms in nursing homes and long term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed or to remain in a room where smoking is permitted and the smoke shall not infiltrate other areas of the nursing home.
4. Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms, provided that all smoking rooms on the same floor must be continuous and smoke from these rooms must not infiltrate into nonsmoking rooms or other areas where smoking is prohibited. Not more than twenty five percent (25%) of the rooms rented to guests in a hotel or motel may be designated as rooms where smoking is allowed. The status of rooms as smoking or nonsmoking may not be changed, except to permanently add additional nonsmoking rooms.
(G) Entrances, Exits, Windows, And Ventilation Intakes: Smoking is prohibited within 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 under this ordinance so as to ensure that tobacco smoke does not enter the area through entrances, exits, open windows, or other means.
(H) Violations:
1. A person, corporation, partnership, association or other entity who violates subsection (B) of this section shall be fined pursuant to this section. Each day that a violation occurs is a separate violation.
2. A person who smokes in an area where smoking is prohibited under subsection (B) of this section shall be fined in an amount that is not less than one hundred dollars ($100.00) and not more than two hundred fifty dollars ($250.00). A person who owns, operates, or otherwise controls a public place or place of employment that violates subsection (B) of this section shall be fined: a) not less than two hundred fifty dollars ($250.00) for the first violation, b) not less than five hundred dollars ($500.00) for the second violation within one year after the first violation, and c) not less than two thousand five hundred dollars ($2,500.00) for each additional violation within one year after the first violation.
3. All violations of this ordinance may be prosecuted within the municipal code enforcement system (MUNICES).
(I) Injunction: The department, a state certified local public health department, the city of East Moline, or any individual personally affected by repeated violations may institute, in a circuit court, an action to enjoin violations of this ordinance. (Ord. 08-02, 2-4-2008)