SB1561 Engrossed LRB103 27713 CPF 54090 b
1		AN ACT concerning health.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Smoke Free Illinois Act is amended by
5		changing Section 10 as follows:
6		(410 ILCS 82/10)
7		Sec. 10. Definitions. In this Act:
8		"Bar" means an establishment that is devoted to the
9		serving of alcoholic beverages for consumption by guests on
10		the premises and that derives no more than 10% of its gross
11		revenue from the sale of food consumed on the premises. "Bar"
12		includes, but is not limited to, taverns, nightclubs, cocktail
13		lounges, adult entertainment facilities, and cabarets.
14		"Department" means the Department of Public Health.
15		"Electronic smoking device" means any product containing
16		or delivering nicotine or any other substance intended for
17		human consumption that can be used by a person in any manner
18		for the purpose of inhaling vapor or aerosol from the product.
19		"Electronic smoking device" includes any such product, whether
20		manufactured, distributed, marketed, or sold as an
21		e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under
22		any other product name or descriptor.
23		"Employee" means a person who is employed by an employer

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1		in consideration for direct or indirect monetary wages or
2		profits or a person who volunteers his or her services for a
3		non-profit entity.
4		"Employer" means a person, business, partnership,
5		association, or corporation, including a municipal
6		corporation, trust, or non-profit entity, that employs the
7		services of one or more individual persons.
8		"Enclosed area" means all space between a floor and a
9		ceiling that is enclosed or partially enclosed with (i) solid
10		walls or windows, exclusive of doorways, or (ii) solid walls
11		with partitions and no windows, exclusive of doorways, that
12		extend from the floor to the ceiling, including, without
13		limitation, lobbies and corridors.
14		"Enclosed or partially enclosed sports arena" means any
15		sports pavilion, stadium, gymnasium, health spa, boxing arena,
16		swimming pool, roller rink, ice rink, bowling alley, or other
17		similar place where members of the general public assemble to
18		engage in physical exercise or participate in athletic
19		competitions or recreational activities or to witness sports,
20		cultural, recreational, or other events.
21		"Gaming equipment or supplies" means gaming
22		equipment/supplies as defined in the Illinois Gaming Board
23		Rules of the Illinois Administrative Code.
24		"Gaming facility" means an establishment utilized
25		primarily for the purposes of gaming and where gaming
26		equipment or supplies are operated for the purposes of

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1		accruing business revenue.
2		"Healthcare facility" means an office or institution
3		providing care or treatment of diseases, whether physical,
4		mental, or emotional, or other medical, physiological, or
5		psychological conditions, including, but not limited to,
6		hospitals, rehabilitation hospitals, weight control clinics,
7		nursing homes, homes for the aging or chronically ill,
8		laboratories, and offices of surgeons, chiropractors, physical
9		therapists, physicians, dentists, and all specialists within
10		these professions. "Healthcare facility" includes all waiting
11		rooms, hallways, private rooms, semiprivate rooms, and wards
12		within healthcare facilities.
13		"Place of employment" means any area under the control of
14		a public or private employer that employees are required to
15		enter, leave, or pass through during the course of employment,
16		including, but not limited to entrances and exits to places of
17		employment, including a minimum distance, as set forth in
18		Section 70 of this Act, of 15 feet from entrances, exits,
19		windows that open, and ventilation intakes that serve an
20		enclosed area where smoking is prohibited; offices and work
21		areas; restrooms; conference and classrooms; break rooms and
22		cafeterias; and other common areas. A private residence or
23		home-based business, unless used to provide licensed child
24		care, foster care, adult care, or other similar social service
25		care on the premises, is not a "place of employment", nor are
26		enclosed laboratories, not open to the public, in an

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1		accredited university or government facility where the
2		activity of smoking is exclusively conducted for the purpose
3		of medical or scientific health-related research. Rulemaking
4		authority to implement this amendatory Act of the 95th General
5		Assembly, if any, is conditioned on the rules being adopted in
6		accordance with all provisions of the Illinois Administrative
7		Procedure Act and all rules and procedures of the Joint
8		Committee on Administrative Rules; any purported rule not so
9		adopted, for whatever reason, is unauthorized.
10		"Private club" means a not-for-profit association that (1)
11		has been in active and continuous existence for at least 3
12		years prior to the effective date of this amendatory Act of the
13		95th General Assembly, whether incorporated or not, (2) is the
14		owner, lessee, or occupant of a building or portion thereof
15		used exclusively for club purposes at all times, (3) is
16		operated solely for a recreational, fraternal, social,
17		patriotic, political, benevolent, or athletic purpose, but not
18		for pecuniary gain, and (4) only sells alcoholic beverages
19		incidental to its operation. For purposes of this definition,
20		"private club" means an organization that is managed by a
21		board of directors, executive committee, or similar body
22		chosen by the members at an annual meeting, has established
23		bylaws, a constitution, or both to govern its activities, and
24		has been granted an exemption from the payment of federal
25		income tax as a club under 26 U.S.C. 501.
26		"Private residence" means the part of a structure used as

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1		a dwelling, including, without limitation: a private home,
2		townhouse, condominium, apartment, mobile home, vacation home,
3		cabin, or cottage. For the purposes of this definition, a
4		hotel, motel, inn, resort, lodge, bed and breakfast or other
5		similar public accommodation, hospital, nursing home, or
6		assisted living facility shall not be considered a private
7		residence.
8		"Public place" means that portion of any building or
9		vehicle used by and open to the public, regardless of whether
10		the building or vehicle is owned in whole or in part by private
11		persons or entities, the State of Illinois, or any other
12		public entity and regardless of whether a fee is charged for
13		admission, including a minimum distance, as set forth in
14		Section 70 of this Act, of 15 feet from entrances, exits,
15		windows that open, and ventilation intakes that serve an
16		enclosed area where smoking is prohibited. A "public place"
17		does not include a private residence unless the private
18		residence is used to provide licensed child care, foster care,
19		or other similar social service care on the premises. A
20		"public place" includes, but is not limited to, hospitals,
21		restaurants, retail stores, offices, commercial
22		establishments, elevators, indoor theaters, libraries,
23		museums, concert halls, public conveyances, educational
24		facilities, nursing homes, auditoriums, enclosed or partially
25		enclosed sports arenas, meeting rooms, schools, exhibition
26		halls, convention facilities, polling places, private clubs,

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1		gaming facilities, all government owned vehicles and
2		facilities, including buildings and vehicles owned, leased, or
3		operated by the State or State subcontract, healthcare
4		facilities or clinics, enclosed shopping centers, retail
5		service establishments, financial institutions, educational
6		facilities, ticket areas, public hearing facilities, public
7		restrooms, waiting areas, lobbies, bars, taverns, bowling
8		alleys, skating rinks, reception areas, and no less than 75%
9		of the sleeping quarters within a hotel, motel, resort, inn,
10		lodge, bed and breakfast, or other similar public
11		accommodation that are rented to guests, but excludes private
12		residences.
13		"Restaurant" means (i) an eating establishment, including,
14		but not limited to, coffee shops, cafeterias, sandwich stands,
15		and private and public school cafeterias, that gives or offers
16		for sale food to the public, guests, or employees, and (ii) a
17		kitchen or catering facility in which food is prepared on the
18		premises for serving elsewhere. "Restaurant" includes a bar
19		area within the restaurant.
20		"Retail tobacco store" means a retail establishment that
21		derives more than 80% of its gross revenue from the sale of
22		loose tobacco, plants, or herbs and cigars, electronic smoking
23		devices, cigarettes, pipes, and other smoking devices for
24		burning tobacco and related smoking accessories and in which
25		the sale of other products is merely incidental. "Retail
26		tobacco store" includes an enclosed workplace that

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1		manufactures, imports, or distributes tobacco, electronic
2		smoking devices, or tobacco products, when, as a necessary and
3		integral part of the process of making, manufacturing,
4		importing, or distributing a tobacco product or electronic
5		smoking device for the eventual retail sale of that tobacco,
6		electronic smoking device, or tobacco product, tobacco is
7		heated, burned, or smoked, or a lighted tobacco product is
8		tested, provided that the involved business entity: (1)
9		maintains a specially designated area or areas within the
10		workplace for the purpose of the heating, burning, smoking, or
11		lighting activities, and does not create a facility that
12		permits smoking throughout; (2) satisfies the 80% requirement
13		related to gross sales; and (3) delivers tobacco products or
14		electronic smoking devices to consumers, retail
15		establishments, or other wholesale establishments as part of
16		its business. "Retail tobacco store" does not include a
17		tobacco or electronic smoking device department or section of
18		a larger commercial establishment or any establishment with
19		any type of liquor, food, or restaurant license. Rulemaking
20		authority to implement this amendatory Act of the 95th General
21		Assembly, if any, is conditioned on the rules being adopted in
22		accordance with all provisions of the Illinois Administrative
23		Procedure Act and all rules and procedures of the Joint
24		Committee on Administrative Rules; any purported rule not so
25		adopted, for whatever reason, is unauthorized.
26		"Smoke" or "smoking" means the carrying, smoking, burning,

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1		inhaling, or exhaling of any kind of lighted pipe, cigar,
2		cigarette, hookah, weed, herbs, or any other lighted smoking
3		equipment. "Smoke" or "smoking" includes the use of an
4		electronic smoking device. "Smoke" or "smoking" does not
5		include smoking that is associated with a native recognized
6		religious ceremony, ritual, or activity by American Indians
7		that is in accordance with the federal American Indian
8		Religious Freedom Act, 42 U.S.C. 1996 and 1996a.
9		"State agency" has the meaning formerly ascribed to it in
10		subsection (a) of Section 3 of the Illinois Purchasing Act
11		(now repealed).
12		"Unit of local government" has the meaning ascribed to it
13		in Section 1 of Article VII of the Illinois Constitution of
14		1970.
15		(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
16		96-797, eff. 1-1-10.)