For the purposes of this subchapter, the following words and phrases shall have the meanings respectively ascribed to them as follows:
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.
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 non-profit entity.
EMPLOYER. A person, business, partnership, association or corporation, including a municipal corporation, trust or non-profit entity that employs the services of one or more persons.
ENCLOSED AREA. All space between a floor and a ceiling that is enclosed or partially enclosed with solid walls or windows, exclusive of doorways; or 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 AND SUPPLIES. Gaming equipment or 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, semi-private 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 § 135.11(A), of 15 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; offices and work area; restrooms; conference room 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 similar social service care on the premises, is not a "place of employment".
PRIVATE CLUB. A not-for-profit association that has been in active and continuous existence for at least three years prior to the effective date of this subchapter, 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 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, a "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 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 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 Illinois, or any other public entity and regardless of whether a fee is charged for admission, including a minimum distance, as set forth in § 135.11(A), of 15 feet 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 child care, foster care, adult 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, closed 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 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 75% of the sleeping quarters within a hotel, motel, resort, inn, lodge, bed and breakfast or other similar public accommodation that is rented to guests, other than private residences.
RESTAURANT. Includes an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias that give or offer food for sale 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 a restaurant.
RETAIL TOBACCO STORE. A retail establishment that derives more than 80% of its gross revenue from the sale of loose tobacco, plants, herbs, 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, weeds, herbs or any other lighted smoking equipment.
(Ord. 07-23, passed 11-27-07)