(A) Definitions. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“AIR FILTRATION DEVICE.” Any device whose primary purpose is the removal/filtration of smoke and other micron particles from the air. The device shall be rated for commercial uses by the manufacturer and shall be capable of achieving a minimum of 90% smoke particle removal rating as defined by the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE).
“BAR AREA.” An area of an establishment that is primarily devoted to the serving of alcohol.
"MAIN ENTRANCE." Any public entryway into or out of an enclosed indoor area used by the general public and/or to which the general public is invited or permitted or which serves as a place of employment. A "MAIN ENTRANCE" does not include an entryway to or from an outdoor dining area, a delivery/storage entrance or an entryway limited only to employees working within the enclosed indoor area.
"OPEN AIR DINING AREA." Any seating area within the village open to the air that is accessory to a restaurant, hotel, cafeteria, club, or other 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 and beverage service for a consideration.
"OUTDOOR VENUE." Any outdoor theater, amphitheater, plaza, street, or other improved area that is used as a public venue or forum to which members of the general public are invited to listen, view or otherwise participate in an outdoor event within the village.
"PARK." Any public park or recreation area within the village that is open to and used by the general public.
"PUBLIC PLACE."
(a) Park (as defined herein), outdoor venue (as defined herein), or enclosed indoor area used by the general public and/or to which the general public is invited or permitted, or which serves as a place of employment, including but not limited to:
1. Health care facilities, nursing homes (except as hereinafter provided), food service establishments, restaurants, taverns/bars, retail food stores, banquet halls, commercial establishments, indoor theatres, libraries, museums, concert halls, public conveyances, educational facilities, auditoriums, arenas, common or public areas of condominium buildings and health care facilities (including nursing home care facilities, except as hereinafter provided), laundromats, public transportation facilities, marketing establishments, educational facilities, retail stores, convention facilities, bingo facilities, galleries, shopping malls, arenas and meeting rooms, polling places, schools, Village of Tinley Park or other government buildings, offices and office buildings, factories, warehouses and other places of work.
2. Restrooms, lobbies, reception areas, hallways, offices, elevators, and other common areas.
3. Meeting places, meeting or conference rooms, cafeterias, room chambers, places of public assembly, offices used by more than one employee, residences used as a licensed child care facility, adult day care facility, health care facility or a home-based business of any kind open to the public.
4. Taxis, vehicles of public conveyance and vehicles owned, leased or operated by the Village of Tinley Park.
5. Facilities used for exhibiting a motion picture, stage, drama, lecture, musical recital or other similar performance.
(b) A "PUBLIC PLACE" does not include:
1. 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.
2. Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms provided, however, that not more than 25% of the rooms rented to guests in a hotel or motel may be so designated.
3. 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.
"SMOKE or SMOKING." The carrying or holding of a lighted pipe, cigar or cigarette of any kind or any other lighted smoking equipment or the lighting or emitting or exhaling of the smoke of a pipe, cigar or cigarette of any kind. "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.
“TOBACCO SHOP.” A retail establishment which derives at least 65% of its gross revenue from the sale of tobacco products.
(B) Prohibition of smoking in public places. Smoking shall be prohibited in all public places within the village, unless an exemption is granted by the village pursuant to division (H) below. The owner or other person in control of a public place shall post a clear and conspicuous sign, in form and content approved by the village, at every main entrance to the public place stating that smoking therein is prohibited. The sign shall indicate the telephone number of the Tinley Park Police Department for the reporting of violations. 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 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.
(3) Smoking may be allowed in designated areas at outdoor ampitheaters which are not in the seating areas. The owner or other person in control of an outdoor ampitheater who has designated a smoking area must clearly display signage, in form and content approved by the village, indicating the portion of the outdoor ampitheater where smoking is permitted.
(D) 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.
(E) Reasonable distance. Smoking is prohibited within 15 feet of any main entrance to a public place.
(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) Exemptions.
(1) Establishments whose primary purpose is to serve food and/or beverages and tobacco shops may apply for a exemption pursuant to this division (H). Establishments that are granted an exemption by the village will be exempt pursuant to the terms of this division (H) from the requirements of this section. Establishments may apply for an exemption based on the following conditions:
(a) Establishments with a bar area may apply for an exemption for smoking to be allowed only in the bar area. An exemption will only be granted if the establishment designates at least 50% of its “PUBLIC AREA” (defined to mean areas within the establishment in which the general public is normally invited or permitted and to exclude kitchens, food preparation areas, storage areas, banquet rooms, office areas, and outdoor areas) as non-smoking and prohibits smoking therein.
(b) Establishments that do not have a liquor license or bar area may apply for an exemption. An exemption will only be granted if the establishment designates at least 50% of its “PUBLIC AREA” (defined to mean areas within the establishment in which the general public is normally invited or permitted and to exclude kitchens, food preparation areas, storage areas, banquet rooms, office areas, and outdoor areas) as non-smoking and prohibits smoking therein.
(c) Tobacco shops may apply for an exemption.
(2) Any establishment that is granted an exemption pursuant to this division (H) will post signage in a form acceptable to the village identifying the establishment as “smoking permitted.”
(3) Any establishment that is granted an exemption pursuant to this division (H) is required to install, as a condition of receiving the exemption, a suitable air filtration device for its allowed smoking area.
(4) Any establishment requesting an exemption pursuant to this division (H) must apply for the exemption in writing, in a form provided by the village, on or before May 15, 2007.
(5) All exemptions granted under this division (H) shall expire upon the adoption of a state-wide smoking ban or July 1, 2008, whichever is first. Any establishment requesting an exemption will be required to execute a written acknowledgment to this effect.
(Ord. 2006-O-061, passed 10-17-06; Am. Ord. 2007-O-005, passed 1-19-07; Am. Ord. 2007-O-010, passed 2-20-07; Am. Ord. 2007-O-012, passed 3-13-07; Am. Ord. 2007-O-027, passed 4-17-07) Penalty, see § 120.99