For purposes of this chapter, the following terms shall have the meanings ascribed to them in this section unless different meanings are plainly indicated by the context:
ACT: The "smoke free Illinois act", 410 Illinois Compiled Statutes 82/1 et seq.
ALTERNATIVE NICOTINE PRODUCT: A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. "Alternative nicotine product" excludes cigars, cigarettes, smokeless tobacco, or other tobacco products as these terms are defined in 720 Illinois Compiled Statutes 675/1 et seq., and any product approved by the United States food and drug administration as a nontobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
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.
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.
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: 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. For the purposes of this chapter, an "enclosed area" shall also include any open air dining area, and the area within or under any tent, canopy, trailer, and/or any other partially enclosed or partially covered permanent or temporary structure.
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.
OPEN AIR DINING AREA: A seating area open to the air that is accessory to a restaurant, hotel, cafeteria, club or other enclosed public place engaged in purveying commercial food or beverage service where members of the public, members or guests are invited to sit and receive food or beverage service.
PLACE OF EMPLOYMENT: Any workplace or 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, as set forth in section 70 of the act, of fifteen feet (15') from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; trailers, offices, and work areas; restrooms; conference rooms 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", 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. For the purposes of this chapter, any open air dining area, and the area within or under any tent, canopy, trailer, and/or any other partially enclosed or partially covered permanent or temporary structure shall be considered a "place of employment".
PRIVATE CLUB: A not for profit association that: a) has been in active and continuous existence for at least three (3) years prior to January 1, 2008, whether incorporated or not, b) is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, c) is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and d) 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, vehicle, or open air dining area, used by and open to the public, regardless of whether the building, open air dining area, 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 the act, 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, tents, trailers, all government owned vehicles and facilities, including buildings and vehicles owned, leased, or operated by the village or 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 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. For the purposes of this chapter, any open air dining area, and the area within or under any tent, canopy, trailer, and/or any other partially enclosed or partially covered permanent or temporary structure shall be considered a "public place".
RESTAURANT:
A. 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
B. A kitchen or catering facility in which food is prepared on the premises for serving elsewhere.
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, other smoking devices for burning tobacco and related smoking accessories, and alternative nicotine products and in which the sale of other products is merely incidental. "Retail tobacco store" includes an enclosed workplace that manufactures, imports, or distributes tobacco, tobacco products or alternative nicotine products, when, as a necessary and integral part of the process of making, manufacturing, importing, or distributing a tobacco product or alternative nicotine product for the eventual retail sale of that tobacco, tobacco product, or alternative nicotine product, tobacco is heated, burned, or smoked, or a lighted tobacco product or alternative nicotine product is tested, provided that the involved business entity: a) 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; b) satisfies the eighty percent (80%) requirement related to gross sales; and c) delivers tobacco products or alternative nicotine products to consumers, retail establishments, or other wholesale establishments as part of its business. "Retail tobacco store" does not include a tobacco or alternative nicotine product 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, smoking herb(s) (as defined in section 6-2-14 of this code) or any other lighted smoking equipment, or the use, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing or by any other means, of alternative nicotine product.
STATE: The state of Illinois.
VILLAGE: The village of Lake Villa, Lake County, Illinois. (Ord. 2015-03-01, 3-11-2015)