Unless the context otherwise requires, the following terms as
used in this chapter shall be construed according to the definitions
given below.
A product or device not consisting of or containing tobacco
that provides for the ingestion into the body of nicotine, whether
by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing,
or by any other means. "Alternative nicotine product" does not include:
cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco
products as defined in Section 10-5 of the Tobacco Products Tax Act
of 1995; tobacco products and electronic cigarettes as defined in
this section; or any product approved by the United States Food and
Drug Administration for sale as a tobacco cessation product, as a
tobacco dependence product, or for other medical purposes, and is
being marketed and sold solely for that approved purpose. [Added 5-26-2020 by Ord. No. 2020-35; amended 12-11-2023 by Ord. No. 2023-112]
A structure all under one roof or a group of structures having
separate roofs but connected by tunnels, passageways, or corridors.
[Amended 5-26-2020 by Ord. No. 2020-35; 12-11-2023 by Ord. No. 2023-112]
[Added 12-11-2023 by Ord. No. 2023-112]
A change in the form of ownership, e.g., from an individual
or partnership or entity or from a partnership to an individual;
A change from an individual to a partnership or a change in
a partnership such as the addition or deletion of any partner; or
In an entity, the transfer of over 5% of the stock thereof except
for those listed on a national stock exchange in which event the transfer
of a controlling interest or over 50% of the stock thereof.
[Added 5-26-2020 by Ord. No. 2020-35]
Means:
Any device that employs a battery or other mechanism to heat
a solution or substance to produce a vapor or aerosol intended for
inhalation;
Any cartridge or container of a solution or substance intended
to be used with or in the device or to refill the device; or
Any solution or substance, whether or not it contains nicotine
intended for use in the device.
"Electronic cigarette" includes, but is not limited to, any
electronic nicotine delivery system, electronic cigar, electronic
cigarillo, electronic pipe, electronic hookah, vape pen, or similar
product or device, and any components or parts that can be used to
build the product or device. "Electronic cigarette" does not include:
cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco
products as defined in Section 10-5 of the Tobacco Products Tax Act
of 1995; tobacco product and alternative nicotine product as defined
in this section; any product approved by the United States Food and
Drug Administration for sale as a tobacco cessation product, as a
tobacco dependence product, or for other medical purposes, and is
being marketed and sold solely for that approved purpose; any asthma
inhaler prescribed by a physician for that condition and is being
marketed and sold solely for that approved purpose; or any therapeutic
product approved for use under the Compassionate Use of Medical Cannabis
Pilot Program Act.
[Amended 12-11-2023 by Ord. No. 2023-112]
An organization that has an identity separate from those
of its members, including, but is not limited to, corporations, limited
partnerships, limited liability companies, or limited liability partnerships.
[Added 12-11-2023 by Ord. No. 2023-112]
Water pipes that are used to smoke specially made tobacco
which may come in different flavors.
[Added 12-11-2023 by Ord. No. 2023-112]
An establishment where patrons share flavored tobacco from
a communal hookah or similar type of water pipe, or smoking device
while seated at a table or bar.
[Added 12-11-2023 by Ord. No. 2023-112]
One building owned or operated by the same individual, firm,
association, or entity.
[Amended12-11-2023 by Ord. No. 2023-112]
Any form of the chemical nicotine, including any salt or
complex, regardless of whether the chemical is naturally or synthetically
derived
[Added 5-26-2020 by Ord.
No. 2020-35]
The sale of a product for use or consumption, and not for
resale.
[Amended 12-11-2023 by Ord. No. 2023-112]
[Added 12-11-2023 by Ord. No. 2023-112]
Any cigar, cigarette, snuff, chewing tobacco, manufactured
product of tobacco, or tobacco in any form.
[Amended 12-11-2023 by Ord. No. 2023-112]
Any product containing or made from tobacco that is intended
for human consumption, whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed or ingested by any other means, including,
but not limited to, cigarettes, cigars, little cigars, chewing tobacco,
products used or associated with hookah, pipe tobacco, snuff, snus
and any other smokeless tobacco product which contains tobacco that
is finely cut, ground, powdered or leaf and intended to be placed
in the oral cavity. "Tobacco product" includes any component, part,
or accessory of a tobacco product, whether or not sold separately.
"Tobacco product" does include an electronic cigarette and alternative
nicotine product as defined in this section; or any product that has
been approved by the United States Food and Drug Administration for
sale as a tobacco cessation product, as a tobacco dependence product,
or for other medical purposes and is being marketed and sold solely
for that approved purpose.
[Added 5-26-2020 by Ord.
No. 2020-35; amended 12-11-2023 by Ord. No. 2023-112]
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.
[Amended 12-11-2023 by Ord. No. 2023-112]
A.
Applications for creation of such licenses shall be made upon forms
prepared and furnished by the City Clerk. Each application shall be
signed and verified upon the oath or affirmation of an owner, an authorized
agent, or managing member of the applicant. Such application shall
be submitted and filed with the City Clerk after payment to the City
of an application fee as set forth in the Schedule of Fees. Each application
shall contain the following information and statements:
(1)
The name, date of birth, and address of the applicant in the case
of an individual; in the case of a partnership, the persons entitled
to share in the profits thereof; and in the case of an entity, the
date of incorporation, the objects for which it was organized, the
names and addresses of the officers and directors, and if a majority
in interest of the stock of such entity is owned by one person or
their nominees, the name and address of such person;
(2)
The entity name, registered DBA (doing business as)/assumed name,
establishment address and phone number;
(3)
An email address to be used for all licensing communications;
(4)
The location and description of the premises and place of business
which is to be operated under such license;
(5)
A statement whether the applicant has made a similar application
for a similar license on premises other than described in this application
and the disposition of such application;
(6)
Whether a previous license by any state or subdivision thereof or
by the federal government has been revoked and reasons therefor;
(7)
A statement that the applicant will not violate any of the laws of
the State of Illinois or of the United States or any ordinance of
the City in the conduct of their place of business.
|
If an entity, the applicant must be in good standing with the
State of Illinois before a license will be issued.
|
|
After approval and before the issuance of such license, the
premises must be inspected by the City of Bloomington.
|
B.
The following must be submitted as supplemental documentation to
the application provided by the City Clerk:
(1)
A list of all owners/partners/officers with name, date of birth,
address, and percent ownership/stock;
(2)
A copy of the applicant's State of Illinois retail tobacco license;
(3)
If an assumed name is used, proof the assumed name is registered
with the State of Illinois or County of McLean;
(4)
Premises verification (lease or proof of ownership); and
C.
Disqualification for license. No such license shall be issued to:
(1)
A person not of legal age or under any legal disability;
(2)
A person whose license issued under this ordinance has been revoked
for cause;
(3)
A person who, at the time of application for renewal of any license
hereunder, would not be eligible for such license upon a first application;
(4)
A person who does not own the premises for which a license is sought
or does not have a lease thereon for the full period for which the
license is to be issued; and
(5)
Any person who fails to furnish or falsely furnishes information
or who fails to make or falsely makes statements required in the application
for a license as set forth in this chapter.
D.
Renewals. All applications for the renewal of a license shall be
made in writing to the City Clerk not later than December 1 of each
year. If the information and statements contained in the original
application have not changed, in lieu of an application for renewal,
a licensee may file with the City Clerk not later than December 1
of each year, an affidavit stating that such facts and statements
have not changed.
[Ord. No. 2018-89; amended 12-11-2023 by Ord. No.
2023-112]
A.
The fee to be paid for the license herein required shall be an amount
as set forth in the Schedule of Fees per year payable in advance and
no license shall be issued until such fee has been paid. When a license
is created by the City Clerk and is subsequently issued, the license
fee shall be prorated on the basis of the remaining days of the calendar
year in which the license is issued. Application fees shall not be
prorated. The license shall expire on December 31st of the year in
which it is issued. In the event of revocation or surrender of a license,
no unearned portion of the license fee shall be refunded.
B.
Each renewal tobacco license fee must be received by the City Clerk
not later than December 1 unless the first falls on a holiday, in
which case license fees may be received by the Clerk on the following
business day. If a license fee is received late, the license holder
must pay a late fee in the amount of 10% of the invoiced license fee
and may be subject to the renewal license being denied.
No person shall sell, buy for, distribute samples of or furnish
any tobacco product, electronic cigarette, or any alternative nicotine
product to any person under 21 years of age. No person under 21 years
of age shall buy any tobacco product, electronic cigarette, or alternative
nicotine product.
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.
[Added 12-11-2023 by Ord. No. 2023-112]
A.
Each person or entity having a tobacco license shall obtain and at
all times maintain in effect a penal bond to the City of Bloomington
in the sum of $2,000 from a solvent surety company licensed to do
business in the State of Illinois and each such bond is subject to
being approved by the Corporation Counsel. Each bond shall be filed
with the City Clerk before tobacco licenses to which the bond applies
are distributed by the City Clerk and shall be conditioned upon the
faithful observance by the licensee of all of the provisions of this
chapter and of any other provisions of the Bloomington City Code and
of the laws of the State of Illinois and of the United States of America
applying to the sale and possession of tobacco.
B.
Each tobacco licensee is required at all times to have on file with
the City Clerk proof from the surety company that the required bond
is in effect at all times as required by this section.
C.
The failure of any person or entity to at all times maintain in effect
the bond required by this section shall be a violation of this chapter
and may result in sanctions as herein provided.
[Added 12-11-2023 by Ord. No. 2023-112[1]]
Changes relating to the following must be reported to the City Clerk, in writing, before they occur: (1) changes in ownership as defined in § 41-101 Definitions; and (2) changes in DBA (assumed name).
[Amended 12-11-2023 by Ord. No. 2023-112]
Any person, firm, or entity violating any provision of this
chapter shall, unless otherwise provided in this chapter, be fined
not less than $250 nor more than $2,000 for each offense; and a separate
offense shall be deemed to have occurred on each day during or on
which a violation occurs or continues.
[Added 12-11-2023 by Ord. No. 2023-112]
A.
In addition to the imposition of fines provided in this chapter,
any tobacco license may be revoked, suspended, or not renewed, after
notice and hearing by the City Manager, or their designee, for any
of the following reasons:
(1)
Violation of any of the provisions of this chapter including, but
not limited to, sale of tobacco to a minor;
(2)
Violation of any law occurring on the establishment's premises
committed by the establishment or an employee of the establishment;
(3)
Violation of any law or state regulation regarding tobacco or tobacco
licenses;
(4)
Failure to pay any tax, judgment, fee, or bill owed to the City of
Bloomington;
(5)
Failure to provide current information regarding the ownership or
location of the business;
B.
For the administration of this section, the formal rules of evidence
shall not apply at the hearing and hearsay may be permitted, provided
it is of the nature reasonably prudent persons would rely upon in
the conduct of their affairs. At the hearing, the City Manager, or
their designee, shall determine by a preponderance of the evidence
whether a lawful reason exists to revoke or suspend the license. The
City Manager, or their designee, after determining that a lawful reason
exists to revoke or suspend the license, shall also determine whether
that lawful reason merits the sanction of a revocation or suspension
of the license.
C.
An establishment whose tobacco license has been revoked may not reapply
for a new license until one year after the final determination of
revocation.
[Effective 1-1-2007]
[Ord. No. 2006-51]
Nothing in this article overrides any existing elimination of
smoking that is already covered by fire code restrictions.
The following words and phrases whenever used in this article
shall have the following meanings:
A private residence which receives for care one or more aging
or disabled adults, not related to the family.
Any sole proprietorship, partnership, joint venture, entity,
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 entity and other
entities where legal, medical, dental, engineering, architectural,
or other professional services are delivered.
[Amended 12-11-2023 by Ord. No. 2023-112]
A private residence which receives for care one or more children
under the age of 12, not related to the family.
A facility used primarily and regularly for religious worship
or religious instruction.
[Ord. No. 2006-138]
Any person who is employed by an employer in consideration
for direct or indirect monetary wages or profit, and a person who
volunteers their services for a nonprofit entity.
[Amended 12-11-2023 by Ord. No. 2023-112]
Any person, business, partnership, association, entity, including
without limitation a municipal entity, trust, or nonprofit entity
that employs the services of one or more individual persons.
[Amended 12-11-2023 by Ord. No. 2023-112]
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.
Any enclosed structure or building intended for human occupancy.
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, semiprivate rooms, and
wards within health care facilities.
[Amended 12-11-2023 by Ord. No. 2023-112]
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. \
[Amended 12-11-2023 by Ord. No. 2023-112]
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. § 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 § 41-210.
[Ord. No. 2006-138; amended 12-11-2023 by Ord. No.
2023-112]
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.
[Ord. No. 2006-138; amended 12-11-2023 by Ord. No.
2023-112]
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.
Any indoor line at which one or more persons are waiting
for or receiving services of any kind, whether or not the service
involves the exchange of money.
Any enclosed walkway or hall area that serves to connect
retail or professional establishments.
Inhaling, exhaling, burning, or carrying any lighted cigar,
cigarette, pipe, hookah, or other lighted tobacco product in any manner
or in any form.
[Amended 12-11-2023 by Ord. No. 2023-112]
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.
[Ord. No. 2006-51; amended 12-11-2023 by Ord. No.
2023-112]
[Ord. No. 2006-51]
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.
[Ord. No. 2006-51]
Smoking shall be prohibited in all enclosed public places and places of employment within the City of Bloomington, except as provided in § 41-205.
[Ord. No. 2006-51]
Smoking is prohibited within 15 feet of any public entrance
to an area in which smoking is prohibited.
Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt from the provisions of §§ 41-202 through 41-213.
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 § 41-204, 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, not more than 25% of
the rooms rented to guests in a hotel or motel may be so designated.
[Amended 12-11-2023 by Ord. No. 2023-112]
D.
Outdoor patios, except for that area of an outdoor patio within 15
feet of a primary public entrance to an area where smoking is prohibited.
E.
Public sidewalk, roadway, park, and golf course.
[Ord. No. 2006-138; amended 12-11-2023 by Ord. No.
2023-112]
F.
Churches.
[Ord. No. 2006-51]
G.
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.
[Ord. No. 2006-138]
[Ord. No. 2006-51; amended 12-11-2023 by Ord. No.
2023-112]
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.
[Ord. No. 2006-51]
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.
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.
[Amended 12-11-2023 by Ord. No. 2023-112]
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.
[Ord. No. 2006-51 o\amended 12-11-2023 by Ord. No.
2023-112]
[Ord. No. 2006-138]
Every public place, place of employment, and place established as non-smoking pursuant to § 41-207 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.
[Ord. No. 2006-51; amended 12-11-2023 by Ord. No.
2023-112]
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 $50 nor more $500.
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 $100
nor more than $2,500 in addition to sanctions that may be imposed
against a license of the entity owning the establishment where the
infraction occurs.
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 $100 nor more than $500 in addition
to sanctions that may be imposed against a license of the entity owning
the establishment where the infraction occurs.
D.
Each day on which a violation of this article occurs shall be considered
a separate and distinct violation.
[Ord. No. 2006-51]
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.
[Ord. No. 2006-51]
This article shall not be interpreted or be construed to permit
smoking where it is otherwise restricted by other applicable laws.
[Ord. No. 2006-51]
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.
