(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 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.
EMPLOYEE.
A person who is employed by an employer in consideration for direct and indirect monetary wages or profits or a person who volunteers his or her services for a non-profit entity.
EMPLOYER.
A person, business, partnership, association, or corporation, including a municipal corporation, trust, or non-profit entity, that employees the services of one or more individual persons.
ENCLOSED AREA
. All space between a floor and a ceiling enclosed or partially enclosed with solid walls or windows, exclusive of doorways, that extend from the floor to 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.
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 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 social service care on the premises, is not a
PLACE OF EMPLOYMENT
.
PRIVATE CLUB.
A not for profit association that has been active and continuous for at least three years prior to January 1, 2008 whether incorporated or not; is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times; is operated solely for recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain; and only sells alcoholic beverages incidental to its operation.
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 of payment of federal income tax as a club under 26 U.S.C. 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 purposes of this definition, a hotel, motel, inn, resort, lodge, bed and breakfast, nursing home, or assisted living facility shall not be considered a private residence.
PUBLIC PLACE.
The 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 of 15 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.
(a) A
PUBLIC PLACE
includes but is not limited to:
1. 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 and operated by the state or state subcontract, health care facilities or clinics, enclosed shopping centers, retail service establishments, financial institutions, educational facilities, ticket arenas, 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.
2. A PUBLIC PLACE
does not include:
a. Private residences, except when used as a licensed childcare facility, adult day care facility, health care facility or a home-based business of any kind open to the public.
b. 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 contiguous and smoke from these rooms must not infiltrate into nonsmoking rooms or other areas where smoking is prohibited. Not more than 25% of the rooms rented to guests in a hotel or motel may be so designated. The status of rooms as smoking and nonsmoking may not be changed, except to permanently add additional non-smoking rooms.
c. Private and semi-private 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, as the case may be, in a room where smoking is permitted.
d. Private clubs that are a not for profit association that has been active and continuous for at least three years prior to January 1, 2008 whether incorporated or not; is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times; is operated solely for recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain; and only sells alcoholic beverages incidental to its operation. "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 of payment of federal income tax as a club under 26 U.S.C. 501.
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 premises for serving elsewhere.
RESTAURANT
includes a bar area within the restaurant.
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.
SMOKE
also means the gaseous products and particles created by the use of a lighted pipe, cigar or cigarette of any kind or any other lighted smoking equipment.
(B) Prohibition of smoking in public places. Smoking shall be prohibited in all public places and places of employment within the village. Such owner or other person in control shall also remove all ashtrays and other smoking paraphernalia from within the public place.
(C) Prohibition of smoking in vehicles. No person may smoke in any vehicle owned, leased, or operated by the state or a political subdivision of the state.
(D) Prohibition of smoking in outdoor venues and events.
(1) It is unlawful to smoke in the following outdoor venues and/or events:
(a) Public parks and recreation areas within 15 feet of any play area, any playground, or any scheduled activity group of any kind including but not limited to a game, show, party, event or similar activity, but excluding, however, parades and picnics.
(b) Public or private school grounds.
(c) Public sidewalks within 15 feet of a main entrance to a public place, but excluding any person who is temporarily in such area for the purpose of walking or traversing through such area.
(d) At any scheduled outdoor event to which the public is permitted or invited, including but not limited to games, shows, festivals, parties or any similar event or activity, excluding, however, parades and picnics.
(2) It is unlawful to smoke in or within 15 feet of an outdoor venue during the time that an outdoor event (as described above) is taking place.
(E) Prohibition of smoking in open air dining areas except as designated.
(1) It is unlawful to smoke in any open air dining area, except such area, or portion thereof, designated for smoking by the owner or other person in control of the open air dining area.
(2) It is unlawful for the owner or other person in control of an open air dining area knowingly to permit smoking in that open air dining area, unless such area or portion thereof has been designated for smoking.
(3) The owner or other person in control of an open air dining area who has designated all or a portion thereof for smoking must clearly display signage, in form and content approved by the village, indicating the portion of the open air dining area where smoking is permitted.
(F) Reasonable distance. Smoking is prohibited within 15 feet of any main entrance and exits to a public place; windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.
(G) Non-retaliation. No person or employer shall discharge, refuse to hire or in any manner retaliate against an employee, applicant for employment or customer because that employee, applicant or customer exercises any rights afforded by this section or reports or attempts to prosecute a violation of this section.
(H) Each public place or place of employment shall post a clear and conspicuous sign, in form and content supplied by the Village Clerk, at every main entrance to the public place stating that smoking therein is prohibited. The international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed with a red bat across it. Additionally, the sign shall indicate the telephone number of the Itasca Police Department for the reporting of violations.
(Ord. 1413-07, passed 12-18-07)