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| 1 | | mechanism to heat a solution or substance to produce a |
| 2 | | vapor or aerosol intended for inhalation; |
| 3 | | (2) any cartridge or container of a solution or |
| 4 | | substance intended to be used with or in the device or to |
| 5 | | refill the device; or |
| 6 | | (3) any solution or substance, whether or not it |
| 7 | | contains nicotine intended for use in the device. |
| 8 | | "Electronic cigarette" includes, but is not limited to, any |
| 9 | | electronic nicotine delivery system, electronic cigar, |
| 10 | | electronic cigarillo, electronic pipe, electronic hookah, vape |
| 11 | | pen, or similar product or device, and any components or parts |
| 12 | | that can be used to build the product or device. "Electronic |
| 13 | | cigarette" excludes cigarettes as defined in Section 1 of the |
| 14 | | Cigarette Tax Act and tobacco products as defined in Section |
| 15 | | 10-5 of the Tobacco Products Tax Act of 1995; alternative |
| 16 | | nicotine products as defined in this Section; products approved |
| 17 | | by the United States Food and Drug Administration for sale as |
| 18 | | tobacco cessation products, as tobacco dependence products, or |
| 19 | | for other medical purposes, and marketed and sold solely for |
| 20 | | that approved purpose; asthma inhalers prescribed by a |
| 21 | | physician for that condition and marketed and sold solely for |
| 22 | | that approved purpose; and therapeutic products approved for |
| 23 | | use under the Compassionate Use of Medical Cannabis Pilot |
| 24 | | Program Act.
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| 25 | | "Employee" means a person who is employed by an employer in |
| 26 | | consideration for direct or indirect monetary wages or profits |
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| 1 | | or a person who volunteers his or her services for a non-profit |
| 2 | | entity. |
| 3 | | "Employer" means a person, business, partnership, |
| 4 | | association, or corporation, including a municipal |
| 5 | | corporation, trust, or non-profit entity, that employs the |
| 6 | | services of one or more individual persons. |
| 7 | | "Enclosed area" means all space between a floor and a |
| 8 | | ceiling that is enclosed or partially enclosed with (i) solid |
| 9 | | walls or windows, exclusive of doorways, or (ii) solid walls |
| 10 | | with partitions and no windows, exclusive of doorways, that |
| 11 | | extend from the floor to the ceiling, including, without |
| 12 | | limitation, lobbies and corridors. |
| 13 | | "Enclosed or partially enclosed sports arena" means any |
| 14 | | sports pavilion, stadium, gymnasium, health spa, boxing arena, |
| 15 | | swimming pool, roller rink, ice rink, bowling alley, or other |
| 16 | | similar place where members of the general public assemble to |
| 17 | | engage in physical exercise or participate in athletic |
| 18 | | competitions or recreational activities or to witness sports, |
| 19 | | cultural, recreational, or other events. |
| 20 | | "Gaming equipment or supplies" means gaming |
| 21 | | equipment/supplies as defined in the Illinois Gaming Board |
| 22 | | Rules of the Illinois Administrative Code. |
| 23 | | "Gaming facility" means an establishment utilized |
| 24 | | primarily for the purposes of gaming and where gaming equipment |
| 25 | | or supplies are operated for the purposes of accruing business |
| 26 | | revenue. |
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| 1 | | "Healthcare facility" means an office or institution |
| 2 | | providing care or treatment of diseases, whether physical, |
| 3 | | mental, or emotional, or other medical, physiological, or |
| 4 | | psychological conditions, including, but not limited to, |
| 5 | | hospitals, rehabilitation hospitals, weight control clinics, |
| 6 | | nursing homes, homes for the aging or chronically ill, |
| 7 | | laboratories, and offices of surgeons, chiropractors, physical |
| 8 | | therapists, physicians, dentists, and all specialists within |
| 9 | | these professions. "Healthcare facility" includes all waiting |
| 10 | | rooms, hallways, private rooms, semiprivate rooms, and wards |
| 11 | | within healthcare facilities. |
| 12 | | "Nicotine" means any form of chemical nicotine, including |
| 13 | | any salt or complex, regardless of whether the chemical is |
| 14 | | naturally or synthetically derived. |
| 15 | | "Place of employment" means any area under the control of a |
| 16 | | public or private employer that employees are required to |
| 17 | | enter, leave, or pass through during the course of employment, |
| 18 | | including, but not limited to entrances and exits to places of |
| 19 | | employment, including a minimum distance, as set forth in |
| 20 | | Section 70 of this Act, of 15 feet from entrances, exits, |
| 21 | | windows that open, and ventilation intakes that serve an |
| 22 | | enclosed area where smoking is prohibited; offices and work |
| 23 | | areas; restrooms; conference and classrooms; break rooms and |
| 24 | | cafeterias; and other common areas. A private residence or |
| 25 | | home-based business, unless used to provide licensed child |
| 26 | | care, foster care, adult care, or other similar social service |
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| 1 | | care on the premises, is not a "place of employment", nor are |
| 2 | | enclosed laboratories, not open to the public, in an accredited
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| 3 | | university or government facility where the activity of smoking |
| 4 | | is
exclusively conducted for the purpose of medical or |
| 5 | | scientific health-related research. Rulemaking authority to |
| 6 | | implement this amendatory Act of the 95th General Assembly, if |
| 7 | | any, is conditioned on the rules being adopted in accordance |
| 8 | | with all provisions of the Illinois Administrative Procedure |
| 9 | | Act and all rules and procedures of the Joint Committee on |
| 10 | | Administrative Rules; any purported rule not so adopted, for |
| 11 | | whatever reason, is unauthorized.
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| 12 | | "Private club" means a not-for-profit association that (1) |
| 13 | | has been in active and continuous existence for at least 3 |
| 14 | | years prior to the effective date of this amendatory Act of the |
| 15 | | 95th General Assembly, whether incorporated or not, (2) is the |
| 16 | | owner, lessee, or occupant of a building or portion thereof |
| 17 | | used exclusively for club purposes at all times, (3) is |
| 18 | | operated solely for a recreational, fraternal, social, |
| 19 | | patriotic, political, benevolent, or athletic purpose, but not |
| 20 | | for pecuniary gain, and (4) only sells alcoholic beverages |
| 21 | | incidental to its operation. For purposes of this definition, |
| 22 | | "private club" means an organization that is managed by a board |
| 23 | | of directors, executive committee, or similar body chosen by |
| 24 | | the members at an annual meeting, has established bylaws, a |
| 25 | | constitution, or both to govern its activities, and has been |
| 26 | | granted an exemption from the payment of federal income tax as |
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| 1 | | a club under 26 U.S.C. 501. |
| 2 | | "Private residence" means the part of a structure used as a |
| 3 | | dwelling, including, without limitation: a private home, |
| 4 | | townhouse, condominium, apartment, mobile home, vacation home, |
| 5 | | cabin, or cottage. For the purposes of this definition, a |
| 6 | | hotel, motel, inn, resort, lodge, bed and breakfast or other |
| 7 | | similar public accommodation, hospital, nursing home, or |
| 8 | | assisted living facility shall not be considered a private |
| 9 | | residence. |
| 10 | | "Public place" means that portion of any building or |
| 11 | | vehicle used by and open to the public, regardless of whether |
| 12 | | the building or vehicle is owned in whole or in part by private |
| 13 | | persons or entities, the State of Illinois, or any other public |
| 14 | | entity and regardless of whether a fee is charged for |
| 15 | | admission, including a minimum distance, as set forth in |
| 16 | | Section 70 of this Act, of 15 feet from entrances, exits, |
| 17 | | windows that open, and ventilation intakes that serve an |
| 18 | | enclosed area where smoking is prohibited. A "public place" |
| 19 | | does not include a private residence unless the private |
| 20 | | residence is used to provide licensed child care, foster care, |
| 21 | | or other similar social service care on the premises. A "public |
| 22 | | place" includes, but is not limited to,
hospitals, restaurants, |
| 23 | | retail stores, offices, commercial establishments,
elevators, |
| 24 | | indoor theaters, libraries, museums, concert halls, public
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| 25 | | conveyances, educational facilities, nursing homes, |
| 26 | | auditoriums, enclosed or partially enclosed sports arenas,
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| 1 | | meeting rooms, schools, exhibition halls, convention |
| 2 | | facilities, polling places, private clubs, gaming facilities, |
| 3 | | all government owned vehicles and facilities, including |
| 4 | | buildings and vehicles owned, leased, or operated by the State |
| 5 | | or State subcontract, healthcare facilities or clinics, |
| 6 | | enclosed shopping centers, retail service establishments, |
| 7 | | financial institutions, educational facilities, ticket areas, |
| 8 | | public hearing facilities, public restrooms, waiting areas, |
| 9 | | lobbies, bars, taverns, bowling alleys, skating rinks, |
| 10 | | reception areas, and no less than 75% of the sleeping quarters |
| 11 | | within a hotel, motel, resort, inn, lodge, bed and breakfast, |
| 12 | | or other similar public accommodation that are rented to |
| 13 | | guests, but excludes private residences.
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| 14 | | "Restaurant" means (i) an eating establishment, including, |
| 15 | | but not limited to, coffee shops, cafeterias, sandwich stands, |
| 16 | | and private and public school cafeterias, that gives or offers |
| 17 | | for sale food to the public, guests, or employees, and (ii) a |
| 18 | | kitchen or catering facility in which food is prepared on the |
| 19 | | premises for serving elsewhere. "Restaurant" includes a bar |
| 20 | | area within the restaurant. |
| 21 | | "Retail tobacco store" means a retail establishment that |
| 22 | | derives more than 80% of its gross revenue from the sale of |
| 23 | | loose tobacco, plants, or herbs and cigars, cigarettes, pipes, |
| 24 | | and other smoking devices for burning tobacco and related |
| 25 | | smoking accessories and in which the sale of other products is |
| 26 | | merely incidental. "Retail tobacco store" includes an enclosed |
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| 1 | | workplace that manufactures, imports, or distributes tobacco |
| 2 | | or tobacco products, when, as a necessary and integral part of |
| 3 | | the process of making, manufacturing, importing, or |
| 4 | | distributing a tobacco product for the eventual retail sale of |
| 5 | | that tobacco or tobacco product, tobacco is heated, burned, or |
| 6 | | smoked, or a lighted tobacco product is tested, provided that |
| 7 | | the involved business entity: (1) maintains a specially |
| 8 | | designated area or areas within the workplace for the purpose |
| 9 | | of the heating, burning, smoking, or lighting activities, and |
| 10 | | does not create a facility that permits smoking throughout; (2) |
| 11 | | satisfies the 80% requirement related to gross sales; and (3) |
| 12 | | delivers tobacco products to consumers, retail establishments, |
| 13 | | or other wholesale establishments as part of its business. |
| 14 | | "Retail tobacco store" does not include a tobacco department or |
| 15 | | section of a larger commercial establishment or any |
| 16 | | establishment with any type of liquor, food, or restaurant |
| 17 | | license. Rulemaking authority to implement this amendatory Act |
| 18 | | of the 95th General Assembly, if any, is conditioned on the |
| 19 | | rules being adopted in accordance with all provisions of the |
| 20 | | Illinois Administrative Procedure Act and all rules and |
| 21 | | procedures of the Joint Committee on Administrative Rules; any |
| 22 | | purported rule not so adopted, for whatever reason, is |
| 23 | | unauthorized. |
| 24 | | "Smoke" or "smoking" means the carrying, smoking, burning, |
| 25 | | inhaling, or exhaling of any kind of lighted pipe, cigar, |
| 26 | | cigarette, hookah, weed, herbs, or any other lighted smoking |
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| 1 | | equipment. "Smoke" or "smoking" includes the use of alternative |
| 2 | | nicotine products and electronic cigarettes, as defined in this |
| 3 | | Section. "Smoke" or "smoking" does not include smoking that is |
| 4 | | associated with a native recognized religious ceremony, |
| 5 | | ritual, or activity by American Indians that is in accordance |
| 6 | | with the federal American Indian Religious Freedom Act, 42 |
| 7 | | U.S.C. 1996 and 1996a.
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| 8 | | "State agency" has the meaning formerly ascribed to it in |
| 9 | | subsection
(a) of Section 3 of the Illinois Purchasing Act (now |
| 10 | | repealed).
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| 11 | | "Tobacco product" means any product containing or made from |
| 12 | | tobacco that is intended for human consumption, whether smoked, |
| 13 | | heated, chewed, absorbed, dissolved, inhaled, snorted, |
| 14 | | sniffed, or ingested by any other means, including, but not |
| 15 | | limited to, cigarettes, cigars, little cigars, chewing |
| 16 | | tobacco, pipe tobacco, snuff, snus, and any other smokeless |
| 17 | | tobacco product which contains tobacco that is finely cut, |
| 18 | | ground, powdered, or leaf and intended to be placed in the oral |
| 19 | | cavity. "Tobacco product" includes any component, part, and |
| 20 | | accessory of a tobacco product, whether or not sold separately. |
| 21 | | "Tobacco product" excludes electronic cigarettes; alternative |
| 22 | | nicotine products; and products that have
been approved by the |
| 23 | | United States Food and Drug Administration for sale as tobacco |
| 24 | | cessation products, as tobacco dependence products, or for |
| 25 | | other medical
purposes, marketed and sold solely for that |
| 26 | | approved purpose. |