(A) Definitions: As used in this section, the below terms shall have the following ascribed meanings:
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 cigarettes, smokeless tobacco, or other tobacco products as these terms are defined in section 1 of the prevention of tobacco use by minors and sale and distribution of tobacco products act 1 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.
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 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", 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.
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 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 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 state of Illinois, the village of Lisle, 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, 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, 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: 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 or carrying any lighted or burning cigarette, cigar, pipe, hookah pipe, pipe weed, or other lighted tobacco product in any manner or in any form; or the use of any alternative nicotine product causing the user to exhale any smoke, vapor, or other substance other than those produced by unenhanced human exhalation. (Ord. 2007-4168, 12-17-2007; amd. Ord. 2011-4364, 1-17-2011; Ord. 2016-4650, 5-2-2016)
(B) Smoking Prohibited In Public Places And Places Of Employment:
1. It shall be unlawful for any person to smoke in any public place or place of employment within the village of Lisle.
2. It shall be unlawful for any person to smoke in any place designated as a "no smoking area", as provided in subsection (D) of this section.
3. It shall be unlawful for an employer to knowingly permit smoking in any enclosed area in any place of employment.
4. It shall be unlawful for an employer, owner, occupant or lessee in control of a public place to knowingly permit smoking in any enclosed area in said public place.
5. It shall be unlawful for an employer, owner, occupant or lessee in control of a public place to fail to post signage or remove ashtrays, as provided in subsection (E) of this section.
(C) Exemptions: The prohibitions on smoking set forth in this section shall not apply to:
1. 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 under the provisions of this section. 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 permitted. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.
2. Private vehicles, not including public transportation facilities or government vehicles.
3. Private residences or dwelling places except when used as a childcare, adult daycare, healthcare facility, or any other home based business open to the public.
4. 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 in a room where smoking is permitted.
5. Retail tobacco stores as defined in subsection (A) of this section, provided that smoke generated by smoking on the premises of the tobacco store does not infiltrate into enclosed areas where smoking is otherwise prohibited. Retail tobacco stores claiming an exemption shall annually file an affidavit with the Illinois department of public health stating the percentage of its gross income during the prior calendar year that was derived from the sale of loose tobacco, plants, herbs, cigars, cigarettes, and related smoking accessories. Any retail tobacco store that begins operation after January 1, 2008, may only qualify for the exemption if located in a freestanding structure occupied solely by the tobacco store.
(D) Designation Of Other No Smoking Areas: Notwithstanding any other provision of this section, 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 said public place or place of employment, including outdoor areas, as an area where smoking is also prohibited, provided that such employer, owner, lessee or occupant shall conspicuously post signs prohibiting smoking in the manner described in subsection (E) of this section.
(E) Responsibilities Of Proprietors: Each owner, lessee, occupant, employer or other person in control of a public place or a place of employment shall be responsible for all the following:
1. Post conspicuous signs no smaller than five inches by seven inches (5" x 7") in enclosed areas and the entrance or vestibule to the public place, place of employment or the building wherein they are located, as the case may be, bearing the text "no smoking" or the international "no smoking" symbol, which consists of a pictorial representation of a cigarette enclosed in a circle with a bar across it. Such signs shall also be posted outside of the main entrance to the public place or place of employment and shall contain the telephone numbers of the designated enforcement authorities noted in this section, in addition to the telephone number and website designated by the Illinois department of public health for registering complaints.
2. Remove ash trays or other similar containers intended for the deposit of tobacco ash, cigarettes, cigars or other tobacco products from public places.
3. Request any person who smokes in an area where smoking is prohibited to refrain from smoking, and if the person continues to smoke, request the person to leave.
4. Notify employees regarding the requirements of this section. (Ord. 2007-4168, 12-17-2007)
5. Owners, lessees, occupants, employers or other persons in control of retail tobacco stores, as defined in this section, must prohibit the entrance of persons under the age of eighteen (18) onto the premises of such establishments. Further, any such owner, lessee, occupant, employer, or person in control of a retail tobacco store must post a sign informing the public of this age restriction at each entrance to any such establishment stating the following:
PERSONS UNDER EIGHTEEN YEARS OF AGE ARE PROHIBITED BY VILLAGE ORDINANCE FROM ENTERING THIS PLACE OF BUSINESS
The text of such signs shall be in red letters on a white background, said letters to be at least one inch (1") high. (Ord. 2010-4354, 12-6-2010)
(F) Enforcement:
1. This section shall be enforced by the village of Lisle police department.
2. Notice of the provisions of this section shall be given to all applicants for a business license in the village of Lisle.
3. Any citizen who desires to register a complaint under this section may initiate enforcement by contacting the village of Lisle police department.
4. An employer, owner, lessee, manager, operator, or employee of an establishment regulated by this section shall inform persons violating this section of the appropriate provisions thereof and request that the violator cease smoking in a prohibited area and, if the person continues to smoke, request the person to leave. (Ord. 2007-4168, 12-17-2007)
5. The citations issued pursuant to this section shall conspicuously include the following:
(a) The name of the offense and its statutory reference;
(b) The nature and elements of the violation;
(c) The date and location of the violation;
(d) The name of the enforcing agency;
(e) The name of the violator;
(f) The amount of the imposed fine and the location where the violator can pay the fine without objection;
(g) The address and phone number of the village where the violator can request a hearing before the department of public health to contest the imposition of the fine imposed by the citation;
(h) The time period in which to pay the fine or to request a hearing to contest the imposition of the fine imposed by the citation; and
(i) The verified signature of the person issuing the citation.
6. One copy of the citation shall be provided to the violator, one copy shall be retained by the village, and one copy shall be provided to any entity authorized by the village to receive fines on the village's behalf.
7. Any person may register a complaint with the department of public health, a state certified local public health department, or the village police department for a violation of this act.
8. The department of public health shall afford a violator the opportunity to pay the fine without objection or to contest the citation in accordance with the Illinois administrative procedure act.
9. Upon receipt of a request for hearing to contest the imposition of a fine imposed by a citation, the village shall immediately forward a copy of the citation and notice of the request for hearing to the department of public health for initiation of a hearing conducted in accordance with the Illinois administrative procedure act and the rules established thereto by the department applicable to contested cases. Parties to the hearing shall be the village and the violator.
The department shall notify the violator in writing of the time, place, and location of the hearing. The hearing shall be conducted at the nearest regional office of the department or in a location contracted by the department in the county where the citation was issued.
10. Fines imposed under this section may be collected in accordance with all methods otherwise available to the village or the department, except that there shall be no collection efforts during the pendency of a hearing before the department.
(G) Penalties:
1. Any person who shall violate subsection (B)1 or (B)2 of this section shall, on conviction thereof, be punished by a fine as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”. Each day in which a violation of subsection (B)1 or (B)2 of this section occurs constitutes a separate and distinct violation.
2. Any person who shall violate subsection (B)3 or (B)4 of this section shall, on conviction thereof, be punished by a fine as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”. Each day in which a violation of subsection (B)3 or (B)4 of this section occurs constitutes a separate and distinct violation.
3. Any person who shall violate subsection (B)5 of this section shall, on conviction thereof, be punished by a fine as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”. Each day during which a violation of subsection (B)5 of this section continues beyond the specified time for correction shall constitute a separate punishable offense, although owners, operators, managers or other controllers of public places and places of employment shall be given a reasonable time to come into compliance with subsection (B)5 of this section following issuance of a notice of violation, but such period shall not, in any event, exceed one week.
4. In addition to the fines established by this subsection, violation of this section by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.
5. One-half (1/2) of any fine imposed under this section shall be distributed to the department of public health and one-half (1/2) of any fine under this section shall be retained by the village.
6. Violation of this section is hereby declared to be a public nuisance, which may be abated by an action in the circuit court for injunctive relief, or other means provided for by law, and the village may take action to recover the costs of the nuisance abatement. (Ord. 2011-4364, 1-17-2011; amd. Ord. 2021-4921, 9-20-2021)
Notes
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