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Article I : Licensing the Sale of Tobacco
Section 1 : Definitions. Unless the context otherwise requires, the following terms as used in this chapter shall be construed according to the definitions given below. "Building", Structure all. under one roof 011 a group of structures having separate tools but connected by tunnels, passageways, or corridors. "Location"'. One building owned or operated by the same individual, firm, association, or corporation. "Retail Sale". The sale for use or consumption, and not for resale. "Tobacco" Any cigar, cigarette, snuff, chewing tobacco, manufactured product of tobacco or tobacco in any form. Section 2 : License Required. It shall be unlawful to sell or offer for sale at retail in the City tobacco in any form without first having obtained a license as herein provided. Section 3 : Application. Application for such license shall be made to the City Manager in writing, signed by the applicant, setting forth the name and address of the person so applying and the location at which it is .proposed to sell tobacco at retail. Section 4 : Fee. The fee to be paid for the license herein required shall be the sum of Twenty-five Dollars {$25.00) per year payable in advance to the Director of Finance and no license shall be issued until such fee has been paid. In the event that an application "is made after January 1 of any year, the license fee shall be reduced pro rata according to the number of quarters or parts thereof remaining in the year .and the fractional part of a quarter shall be counted as a whole quarter. Whenever a license is issued to a specific location, no additional license shall be required for the sale of tobacco at the same location by person other than the original applicant. In the event of revocation or surrender of a license, no unearned portion of the license fee shall be refunded. (Ordinance No. 1974-124) Section 5 : Revocation. Any license issued hereunder may be revoked by the City Manager whenever, in his judgment, the public welfare requires such revocation; and acceptance of any license issued hereunder shall constitute an agreement between the parties to such license that the same may be revoked as herein provided. Section 6 : Sale to Persons Under Age of Eighteen. It shall be unlawful for .any person, firm, association, or corporation to sell, exchange, or give away any tobacco in any form to children under the age of eighteen years. Section 7 : Selling Cigarettes Containing Deleterious or Poisonous Drugs. No person shall expose for sale. sell. or offer for sale to any person directly or indirectly, within the City any cigarettes containing opium, morphine, jimpson weed, belladonna, marijuana, strychnia, cocaine, or other deleterious or poisonous drug. Section 9 : Penalties. Any person who shall violate any provision of this chapter shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) for each offense. Article II : Smoking in Public Places (Effective January 1, 2007) Section 10 : Interpretation With Other Laws. Nothing in this Article overrides any existing elimination of smoking that is already covered by fire code restrictions. (Ordinance No. 2006-51) Section 11 : Definitions. The following words and phrases whenever used in this Article shall have the following meanings: "Adult Day Care Home" means a private residence which receives for care one or more aging or disabled adults, not related to the family. "Business" means any sole proprietorship, partnership, joint venture, corporation, limited liability company or other business entity formed for profit-making purposes, including without limitation retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered. "Child Day Care Home" means a private residence which receives for care one or more children under the age of 12, not related to the family. "Church" A facility used primarily and regularly for religious worship or religious instruction. (Ordinance No. 2006-138) "Employee" means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity. "Employer" means any person, business, partnership, association, corporation, including without limitation a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons. "Enclosed Area" means all space in any structure or building that is enclosed on all sides by any combination of walls, half walls, windows, or doorways extending from floor to the ceiling, regardless of whether they are open or closed. "Facility" means any enclosed structure or building intended for human occupancy. "Health care facility" means any office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including without limitation hospitals, rehabilitation hospitals, clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and other specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semi-private rooms and wards within health care facilities. "Place of employment" means any enclosed area under the control of a public or private employer that employees frequent during the course of employment, including without limitation work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways and vehicles. A private residence is not a "place of employment" unless it is used as a child day care home, adult day care home, health care facility or home-based business of any kind open to the public. "Private Club or Lodge" means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used for club purposes, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and if alcoholic beverages are sold such sale is incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. No organization shall be considered a private club or lodge under this section if it permits members to join under circumstances which renders it to be, in effect, a place of public accommodation, including but not limited to such methods as permitting persons to purchase membership in the club for a nominal fee. During such time that a private club or lodge permits its building or portion thereof to be used by non-organization members and does not require such non-organization members to be accompanied by a member of the private club or lodge, such building or portion thereof shall lose its exemption from the requirements of this Article. If the portion of the building so used by the non-organization members has separate and distinct restroom facilities and can be physically separated by means of walls and closed doors from other areas of the building used only by members of the private club or lodge, only that portion of the building used by such non-organization members is subject to the requirements of this Article. During the time the building or portion thereof is subject to this Article, temporary signs shall be posted pursuant to Section 19. (Ordinance No. 2006-138) "Public place" means any enclosed area to which the public is invited or in which the public is permitted, including without limitation banks, any business, educational facilities, government buildings, health care facilities, laundromats, museums, public transportation facilities, reception areas, restaurants, bars/taverns, retail food production and marketing establishments, retail service establishments, retail stores, service line, shopping malls, sports arenas, theaters, waiting rooms, and common areas in multiple family residences. A private residence is not a "public place" unless it is used as a child day care home, adult day care home, health care facility or home-based business of any kind open to the public. (Ordinance No. 2006-138) "Retail tobacco store" means any retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental and where no one under 18 is permitted. "Service line" means any indoor line at which one (1) or more persons are waiting for or receiving services of any kind, whether or not the service involves the exchange of money. "Shopping mall" means any enclosed walkway or hall area that serves to connect retail or professional establishments. "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, hookah or other lighted tobacco product in any manner or in any form. "Sports Arena, Enclosed or Semi-Enclosed" means any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller and ice rink, bowling alley and other similar places where members of the general public assemble to participate in or witness sports, cultural, recreational or other events. (Ordinance No. 2006-51) Section 12 : City Owned Facilities. Smoking shall be prohibited in any enclosed City facility and any City vehicle, including without limitation facilities and vehicles owned, leased, or operated by the City of Bloomington. (Ordinance No. 2006-51) Section 13 : Prohibition of Smoking in Public Places and Places of Employment Smoking shall be prohibited in all enclosed public places and places of employment within the City of Bloomington, except as provided in Section 15. (Ordinance No. 2006-51) Section 14 : Reasonable Distance. Smoking is prohibited within fifteen feet of any public entrance to an area in which smoking is prohibited. (Ordinance No. 2006-51) Section 15 : Where Smoking is Not Regulated. Notwithstanding any other provision of this Article to the contrary, the following areas shall be exempt from the provisions of Sections 11 through 23: a. Private residences, except when used as a licensed child day care home, adult care home, health care facility, or a home-based business of any kind open to the public, provided, however, private sleeping rooms in nursing homes and assisted living centers are not subject to Section 13, unless a roommate objects to smoking in the room. b. Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms provided, however, that not more than twenty-five per cent (25%) of the rooms rented to guests in a hotel or motel may be so designated. c. Retail tobacco stores, provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of any section of this Article. d. Private clubs or lodges (except as provided in Section 11 of this Chapter. (Ordinance No. 2006-138) e. Outdoor patios, except for that area of an outdoor patio within fifteen feet (15’) of a primary public entrance to an area where smoking is prohibited f. Public sidewalk, roadway, park and golf course. (Ordinance No. 2006-138) g. Churches. (Ordinance No. 2006-51) h. A room designated for smoking in an airport established and operated pursuant to the Illinois Airport Authorities Act (70 ILCS 5), provided that such room is located in an area where persons cannot enter without passing through an airport security checkpoint regulated by the Transportation Security Administration or successor agency, and provided that such room is equipped with a ventilation system which substantially reduces the amount of smoke leaving the room and does not allow recirculation of smoke to public areas. (Ordinance No. 2006-138) Section 16 : Declaration of Establishment as Non-Smoking Notwithstanding any other provisions of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility or outdoor area as a non-smoking place by posting a sign in conformance with the provisions of this Act. Smoking shall be prohibited in any area declared a non-smoking area and any person smoking in such area shall be subject to the penalty provisions of this Act. (Ordinance No. 2006-51) Section 17 : 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 Article or reports or attempts to prosecute a violation of this Article. (Ordinance No. 2006-51) Section 18 : Enforcement. a. Any citizen who desires to register a complaint under this Article may file a complaint with the City of Bloomington. b. The City shall, while an establishment is undergoing otherwise mandated inspection, inspect for compliance with this Article. c. An owner, manager, operator or employee of an establishment regulated by this Article shall inform persons violating this Article of the appropriate provisions thereof. Posting of a no smoking sign conforming with this Article shall be considered adequate notice. d. In addition to the remedies provided by this Article, the City Manager or any person aggrieved by the failure of the owner, operator, manager or other person in control of a public place or a place of employment to comply with the provisions of this Section may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction. (Ordinance No. 2006-51) Section 19 : Posting of Signs. Every public place, place of employment, and place established as non-smoking pursuant to Section 17 where smoking is prohibited by this Article, shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. The international "no smoking" symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar diagonally across it shall be considered acceptable under this Section. (Ordinance No. 2006-138) Section 20 : Violations and Penalties. a. A person who smokes in an area where smoking is prohibited by this Article shall be guilty of an infraction, punishable by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). b. A person who owns, manages, operates or otherwise controls a place subject to this Article and who fails to prohibit smoking shall be guilty of an infraction, punishable by: a fine of not less than twenty-five dollars ($25.00) nor more than twenty-five hundred dollars ($2,500.00). c. A person who owns, manages, operates or otherwise controls a place subject to this Article and who fails to post a sign in conformance with the provisions of this Article shall be guilty of an infraction punishable by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). d. Each day on which a violation of this Article occurs shall be considered a separate and distinct violation. (Ordinance No. 2006-51) Section 21 : Public Education. The City of Bloomington shall engage in a continuing program to explain and clarify the purposes and requirements of this Article to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. (Ordinance No. 2006-51) Section 22 : Other Applicable Laws. This Article shall not be interpreted or be construed to permit smoking where it is otherwise restricted by other applicable laws. (Ordinance No. 2006-51) Section 23 : Severability. If any provision, clause, sentence or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable. (Ordinance No. 2006-51) Ordinance 2006-134 : Temporary Exemption to Certain Liquor Licensees ORDINANCE NUMBER 2006-134 AN ORDINANCE GRANTING A TEMPORARY EXEMPTION TO CERTAIN LIQUOR LICENSEES FROM THE ORDINANCE REGULATING SMOKING IN PUBLIC PLACES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Section One: Temporary Exemption from Article II of Chapter 41. Entities possessing licenses to sell alcoholic liquor for consumption on the premises are temporarily exempt from the provisions of Article II of Chapter 41 under the following conditions: 1. Such licensee must register, no later than December 29, 2006 at 9:00 a.m., with the Department of Planning and Code Enforcement, an intent to build an outdoor patio, provided that such filing will not exempt such licensee if the licensee does not, on the date of filing, control an outside area of sufficient size to permit construction of such an outdoor patio, or a statement that the establishment currently has an outdoor patio and desires confirmation that such outdoor patio meets building codes of the City of Bloomington and that such outdoor patio may be used for smoking; and 2. No later than March 1, 2007 at 4:00 p.m., such licensee must have filed building plans for such outdoor patio with the Department of Planning and Code Enforcement and a request with the City Clerk for an extension of licensed premises pursuant to Chapter 6 (Alcoholic Beverages) of the City Code, and if such building plans and request for an extension of licensed premises are not filed by that date, any exemption granted pursuant to this ordinance shall expire; and 3. Any exemption granted under this ordinance shall expire on the earlier of (a) one week after the issuance of a final occupancy permit for the outdoor patio by the Department of Planning and Code Enforcement or, in the case of outdoor patios which were in existence on December 29, 2006 and were the subject of a request for clarification, a written confirmation from the Department of Planning and Code Enforcement that the outdoor patio complies with applicable building codes, or (b) July 1, 2007. 4. A determination as to whether a licensee controls an outside area of sufficient size to permit construction of an outdoor patio at the time of filing for an exemption shall be made by the Director of Planning and Code Enforcement; such determination shall be final. 5. A sign shall be posted at the main customer entrance to a liquor license establishment which is temporarily exempted from the smoking ban pursuant to this ordinance which informs persons entering the premises that smoking is permitted. Section Two: Except as provided herein, the Bloomington City Code, 1960, as amended, shall remain in full force and effect. Section Three: That the City Clerk be and she is hereby directed and authorized to publish this ordinance in pamphlet form as provided by law. Section Four: That this ordinance shall take effect January 1, 2007. Section Five: That this ordinance is adopted pursuant to Home Rule Authority granted the City of
APPROVED:
__________________________________ ____________________________________ Tracey Covert, City Clerk   | |||||||||||||||||||||||||||||||||
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City of Bloomington 109 E. Olive St. Bloomington, IL 61701 - Info: (309) 434-2509 |
