[Ord. 96-11, 4-15-1996, § 1; Ord. 2019-35, 7-1-2019, § 2]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them:
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 product and electronic cigarette 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.
(1) Any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; (2) any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or (3) 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.
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,
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 not 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.
Any mechanical, electric or electronic self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses tobacco products.
[Ord. 96-11, 4-15-1996, § 1]
It shall be unlawful for any person in the business of selling or otherwise distributing, promoting, or advertising tobacco products, to sell or offer for sale at retail, to give away, deliver or to keep with the intention of selling at retail, giving away or delivering tobacco products within the Village without having first obtained a tobacco dealer's license therefor pursuant to this article. This license shall be in addition to any other license required by Chapter 29 of this Code.
[Ord. 96-11, 4-15-1996, § 1]
Application for a license hereunder shall be made in writing to the Village Clerk and shall be processed in accordance with the provisions of Chapter 29 of this Code.
[Ord. 96-11, 4-15-1996, § 1]
The license fee for a tobacco dealer's license shall be as set forth in Section 29-11 of this Code.
[Ord. 96-11, 4-15-1996, § 1; Ord. 2019-35, 7-1-2019, § 3]
(a)
It shall be unlawful for any person, including any licensee, to sell,
offer for sale, give away or deliver tobacco products, electronic
cigarettes, or alternative nicotine products to any person under the
age of 21 years.
(b)
Signs informing the public of the age restrictions provided for herein
shall be posted by every licensee at or near every display of tobacco
products, electronic cigarettes and alternative nicotine products
and/or upon every vending machine which offers tobacco products, electronic
cigarettes, or alternative nicotine products for sale. Each such sign
shall be plainly visible and shall state:
THE SALE OF TOBACCO PRODUCTS, ELECTRONIC CIGARETTES OR ALTERNATIVE
NICOTINE PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY
LAW,
The text of such signs shall be in red letters on a white background,
said letters to be at least one inch high.
[Ord. 96-11, 4-15-1996, § 1; Ord. 2019-35, 7-1-2019, § 4]
It shall be unlawful for any person under the age of 21 years
to purchase tobacco products, electronic cigarettes, or alternative
nicotine products or to misrepresent their identity or age, or to
use any false or altered identification for the purpose of purchasing
tobacco products, electronic cigarettes or alternative nicotine products.
[Ord. 96-11, 4-15-1996, § 1; Ord. 2019-35, 7-1-2019, § 5]
It shall be unlawful for any person under the age of 21 years
to possess any tobacco products, electronic cigarettes or alternative
nicotine products; provided that the possession by a person under
the age of 21 years under the direct supervision of the parent or
guardian of such person in the privacy of the parent's or guardian's
home shall not be prohibited.
[Ord. 96-11, 4-15-1996, § 1; Ord. 2019-35, 7-1-2019, § 6]
It shall be unlawful for any licensee or any person in the business
of selling or otherwise distributing, promoting or advertising tobacco
products, electronic cigarettes or alternative nicotine products,
or any employee or agent of any such licensee or person, in the course
of such licensee's or person's business, to distribute, give away
or deliver tobacco products, electronic cigarettes or alternative
nicotine products free of charge to any person on any public right-of-way,
park, or playground or on other property owned by the Village, any
school district, any park district or any public library.
[Ord. 96-11, 4-15-1996, § 1; Ord. 2019-35, 7-1-2019, § 7]
(a)
It shall be unlawful for any licensee to sell or offer to sell, give
away, deliver or to keep with the intention of selling, giving away
or delivering tobacco products, electronic cigarettes or alternative
nicotine products by use of a vending machine, unless such vending
machine is equipped with a manual, electric or electronic locking
device controlled by the licensee so as to prevent its operation by
persons under the age of 21 years.
(b)
Any premises where access by persons under the age of 21 years is prohibited by law, or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of the business located at such premises, shall be exempt from the requirements of Subsection (a) of this section.
[Ord. 96-11, 4-15-1996, § 1]
Every act or omission of whatsoever nature, constituting a violation
of any of the provisions of this article by any officer, director,
manager or other agent or employee of any licensee shall be deemed
and held to be the act of such licensee; and such violation shall
be punishable in the same manner as if such act or omission had been
done or omitted by the licensee personally.
[Ord. 96-11, 4-15-1996, § 1]
The Village President shall be charged with the administration
of this article. The Village President may suspend or revoke any license
issued under the provisions of this article if he determines that
the licensee has violated any of the provisions of this article. In
lieu of suspension or revocation of a license, the Village President
may instead levy a fine on the licensee. The fine imposed shall not
exceed $750 for each violation. Each day on which a violation continues
shall constitute a separate violation.
No such license shall be suspended or revoked and no licensee
shall be fined except after a public hearing by the Village President
or his designee, with a minimum seven day written notice to the licensee,
affording the licensee an opportunity to appear and defend against
the charges contained in such notice. For purposes of this section,
the notice period shall begin the day following delivery of the notice
of hearing by certified mail or by personal service.
If the Village President or his designee determines after such
hearing that the license should be revoked or suspended, or that the
licensee should be fined, a written order stating the reason for such
determination and either the amount of the fine, the period of suspension
or that the license has been revoked shall be entered, and a copy
of such order shall be served upon the licensee within seven days
after the hearing.
In addition to any fine, suspension or revocation, any licensee
determined to have violated any of the provisions of this article
shall reimburse the Village for the costs of the hearing on such violation.
The Village President shall determine the costs incurred by the Village
for said hearing, including, but not limited to: court reporter fees,
the costs of transcripts or records, attorney fees, the cost of preparing
and mailing notices and orders and all other miscellaneous expenses
incurred by the Village or such lesser sum as the Village President
may allow.
The licensee shall pay said fines and costs to the general corporate
fund of the Village within 30 days of the entry of said written order.
Failure to pay said fines and costs within 30 days of the entry of
such written order shall constitute an additional violation of this
article and may be cause for license suspension or revocation, or
the levy of an additional fine.
[Ord. 96-11, 4-15-1996, § 1]
When any license shall have been revoked for cause, no license shall be granted for that premises for a period of six months thereafter for the conduct of the business of selling tobacco products, as defined in Section 11-1 of this article.
[Ord. 96-11, 4-15-1996, § 1]
[Ord. 2008-03, 3-17-2008 § 2]
This article, including any regulations adopted hereunder, shall
hereafter be known, cited, and referred to as the "Elmwood Park Smoke
Free Air Ordinance."
[Ord. 2008-03, 3-17-2008, § 2]
The general assembly of the state of Illinois and the Village
board of Elmwood Park find that tobacco smoke is a harmful and dangerous
carcinogen to human beings and a hazard to public health. Secondhand
tobacco smoke causes at least 65,000 deaths each year from heart disease
and lung cancer according to the National Cancer Institute. Secondhand
tobacco smoke causes heart disease, stroke, cancer, sudden infant
death syndrome, low birth weight in infants, asthma and exacerbation
of asthma, bronchitis and pneumonia in children and adults. Secondhand
tobacco smoke is the third leading cause of preventable death in the
United States. Illinois workers exposed to secondhand tobacco smoke
are at increased risk of premature death. An estimated 2,900 Illinois
citizens die each year from exposure to secondhand tobacco smoke.
The general assembly of the state of Illinois and the Village
board of Elmwood Park also find that the United States surgeon general's
2006 report has determined that there is no risk free level of exposure
to secondhand smoke; the scientific evidence that secondhand smoke
causes serious diseases, including lung cancer, heart disease, and
respiratory illnesses such as bronchitis and asthma, is massive and
conclusive; separating smokers from nonsmokers, cleaning the air,
and ventilating buildings cannot eliminate secondhand smoke exposure;
smoke free workplace policies are effective in reducing secondhand
smoke exposure; and smoke free workplace policies do not have an adverse
economic impact on the hospitality industry.
The general assembly of the state of Illinois and the Village
board of the Village of Elmwood Park find the environmental protection
agency has determined that secondhand smoke cannot be reduced to safe
levels in businesses by high rates of ventilation. Air cleaners, which
are capable only of filtering the particulate matter and odors in
smoke, do not eliminate the known toxins in secondhand smoke. The
American Society of Heating, Refrigerating and Air-Conditioning Engineers
(ASHRAE) bases its ventilation standards on totally smoke free environments
because it cannot determine a safe level of exposure to secondhand
smoke, which contains cancer causing chemicals, and ASHRAE acknowledges
that technology does not exist that can remove chemicals that cause
cancer from the air. A June 30, 2005, ASHRAE position document on
secondhand smoke concludes that, at present, the only means of eliminating
health risks associated with indoor exposure is to eliminate all smoking
activities indoors.
[Ord. 2008-03, 3-17-2008, § 2]
In this article:
An establishment that is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and that derives
no more than 10% of its gross revenue from the sale of food consumed
on the premises. "Bar" includes, but is not limited to, taverns, nightclubs,
cocktail lounges, adult entertainment facilities, and cabarets.
The Illinois Department of Public Health.
A person who is employed by an employer in consideration
for direct or indirect monetary wages or profits or a person who volunteers
his or her services for a nonprofit entity.
A person, business, partnership, association, or corporation,
including a municipal corporation, trust, or nonprofit entity, that
employs the services of one or more individual persons.
All space between a floor and a ceiling that is enclosed
or partially enclosed with: a) solid walls or windows, exclusive of
doorways, or b) solid walls with partitions and no windows, exclusive
of doorways, that extend from the floor to the ceiling, including,
without limitation, lobbies and corridors.
Any sports pavilion, stadium, gymnasium, health spa, boxing
arena, swimming pool, roller rink, ice rink, bowling alley, or other
similar place where members of the general public assemble to engage
in physical exercise or participate in athletic competitions or recreational
activities or to witness sports, cultural, recreational, or other
events.
Gaming equipment/supplies as defined in the Illinois gaming
board rules of the Illinois administrative code.
An establishment utilized primarily for the purposes of gaming
and where gaming equipment or supplies are operated for the purposes
of accruing business revenue.
An office or institution providing care or treatment of diseases,
whether physical, mental, or emotional, or other medical, physiological,
or psychological conditions, including, but not limited to, hospitals,
rehabilitation hospitals, weight control clinics, nursing homes, homes
for the aging or chronically ill, laboratories, and offices of surgeons,
chiropractors, physical therapists, physicians, dentists, and all
specialists within these professions. "Healthcare facility" includes
all waiting rooms, hallways, private rooms, semiprivate rooms, and
wards within healthcare facilities.
Any area under the control of a public or private employer that employees are required to enter, leave, or pass through during the course of employment, including, but not limited to, entrances and exits to places of employment, including a minimum distance, as set forth in Section 11-26 of this article, of 15 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; offices and work areas; restrooms; conference and class rooms; break rooms and cafeterias; and other common areas. A private residence or home based business, unless used to provide licensed childcare, foster care, adult care, or other similar social service care on the premises, is not a "place of employment."
A not for profit association that: a) has been in active
and continuous existence for at least three years prior to the effective
date of this article, whether incorporated or not, b) is the owner,
lessee, or occupant of a building or portion thereof used exclusively
for club purposes at all times, c) is operated solely for a recreational,
fraternal, social, patriotic, political, benevolent, or athletic purpose,
but not for pecuniary gain, and d) only sells alcoholic beverages
incidental to its operation. For purposes of this definition, "private
club" means an organization that is managed by a board of directors,
executive committee, or similar body chosen by the members at an annual
meeting, has established bylaws, a constitution, or both to govern
its activities, and has been granted an exemption from the payment
of federal income tax as a club under 26 U.S.C. § 501.
The part of a structure used as a dwelling, including, without
limitation: a private home, townhouse, condominium, apartment, mobile
home, vacation home, cabin, or cottage. For the purposes of this definition,
a hotel, motel, inn, resort, lodge, bed and breakfast or other similar
public accommodation, hospital, nursing home, or assisted living facility
shall not be considered a private residence.
That portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Illinois, or any other public entity and regardless of whether a fee is charged for admission, including a minimum distance, as set forth in Section 11-26 of this article, of 15 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. A "public place" does not include a private residence unless the private residence is used to provide licensed childcare, foster care, or other similar social service care on the premises. A "public place" includes, but is not limited to, hospitals, restaurants, retail stores, offices, commercial establishments, elevators, indoor theaters, libraries, museums, concert halls, public conveyances, educational facilities, nursing homes, auditoriums, enclosed or partially enclosed sports arenas, meeting rooms, schools, exhibition halls, convention facilities, polling places, private clubs, gaming facilities, all government owned vehicles and facilities, including buildings and vehicles owned, leased, or operated by the state or state subcontract, healthcare facilities or clinics, enclosed shopping centers, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, public restrooms, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, reception areas, and no less than 75% of the sleeping quarters within a hotel, motel, resort, inn, lodge, bed and breakfast, or other similar public accommodation that are rented to guests, but excludes private residences.
An eating establishment, including, but not limited to, coffee
shops, cafeterias, sandwich stands, and private and public school
cafeterias, that gives or offers for sale food to the public, guests,
or employees, and
A kitchen or catering facility in which food is prepared on
the premises for serving elsewhere. "Restaurant" includes a bar area
within the restaurant.
A retail establishment that does not permit the consumption
of food or beverages on the premises, and derives more than 80% of
its gross revenue from the sale of loose tobacco, plants, or herbs
and cigars, cigarettes, pipes, and other smoking devices for burning
tobacco and related smoking accessories and in which the sale of other
products is merely incidental. "Retail tobacco store" does not include
a tobacco department or section of a larger commercial establishment
or any establishment with any type of liquor, food, or restaurant
license.
The carrying, smoking, burning, inhaling, or exhaling of
any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or
any other lighted smoking equipment.
[Ord. 2008-03, 3-17-2008, § 2]
No person shall smoke in a public place or in any place of employment or within 15 feet of any entrance to a public place or place of employment. No person may smoke in any vehicle owned, leased, or operated by the state or a political subdivision of the state. Smoking is prohibited in indoor public places and workplaces unless specifically exempted by Section 11-21 of this article.
[Ord. 2008-03, 3-17-2008, § 2]
(a)
"No smoking" signs or the international "no smoking" symbol, consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a red bar across it, shall be clearly and conspicuously
posted in each public place and place of employment where smoking
is prohibited by this article by the owner, operator, manager, or
other person in control of that place.
(b)
Each public place and place of employment where smoking is prohibited
by this article shall have posted at every entrance a conspicuous
sign clearly stating that smoking is prohibited.
(c)
All ashtrays shall be removed from any area where smoking is prohibited
by this article by the owner, operator, manager, or other person having
control of the area.
[Ord. 2008-03, 3-17-2008, § 2]
Notwithstanding any other provision of this article, smoking
is prohibited in any portion of the living quarters, including, but
not limited to, sleeping rooms, dining areas, restrooms, laundry areas,
lobbies, and hallways, of a building used in whole or in part as a
student dormitory that is owned and operated or otherwise utilized
by a public or private institution of higher education.
[Ord. 2008-03, 3-17-2008, § 2]
Notwithstanding any other provision of this article, any employer, owner, occupant, lessee, operator, manager, or other person in control of any public place or place of employment may designate a nonenclosed area of a public place or place of employment, including outdoor areas, as an area where smoking is also prohibited provided that such employer, owner, lessee or occupant shall conspicuously post signs prohibiting smoking in the manner described in Section 11-18 of this article.
[Ord. 2008-03, 3-17-2008, § 2; Ord. 2020-05, 3-3-2020, § 2]
Notwithstanding any other provisions of this article, smoking
is allowed in the following areas:
(a)
Private residences or dwelling places, except when used as a childcare,
adult day-care, or other healthcare facility or any other home based
business open to the public.
(b)
Retail tobacco stores as defined in Section 11-16 of this article in operation prior to the effective date of this article, except that the consumption of cannabis is not permitted. The retail tobacco store shall annually file with the department by January 31 an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, or other smoking devices for smoking tobacco and related smoking accessories. Any retail tobacco store that begins operation after the effective date of this article may only qualify for an exemption if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoke is prohibited.
(c)
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 in
a room where smoking is permitted and the smoke shall not infiltrate
other areas of the nursing home.
(d)
Hotel and motel sleeping rooms that are rented to guests and are
designated as smoking rooms, provided that all smoking rooms on the
same floor must be contiguous and smoke from these rooms must not
infiltrate into nonsmoking rooms or other areas where smoking is prohibited.
No more than 25% of the available rooms for rent in any single building
in a hotel or motel may be designated as rooms where smoking is allowed.
The status of rooms as smoking or nonsmoking may not be changed, except
to permanently add additional nonsmoking rooms.
[Ord. 2008-03, 3-17-2008, § 2]
(a)
The Village of Elmwood Park police department shall enforce the provisions of this article and may assess fines pursuant to Section 11-23 of this article.
(b)
Any person may register a complaint with the Elmwood Park police
department for a violation of this article. The department shall establish
a telephone number that a person may call to register a complaint
under this subsection.
[Ord. 2008-03, 3-17-2008, § 2]
(a)
A person, corporation, partnership, association or other entity who
violates this article shall be fined pursuant to this section. Each
day that a violation occurs is a separate violation.
(b)
A person who smokes in an area where smoking is prohibited under
this article shall be fined $100 for the first offense and $250 for
each subsequent offense. A person who owns, operates, or otherwise
controls a public place or place of employment that violates this
article shall be fined: 1) $250 for the first violation, 2) $500 for
the second violation within one year after the first violation, and
3) $2,500 for each additional violation within one year after the
first violation.
(c)
A fine imposed under this section shall be allocated as follows:
100% of the fine shall be deposited into the general fund of the Village
of Elmwood Park.
[Ord. 2008-03, 3-17-2008, § 2]
The Village of Elmwood Park or any individual personally affected
by repeated violations may institute, in a circuit court, any action
to enjoin violations of this article.
[Ord. 2008-03, 3-17-2008, § 2]
No individual may be discriminated against in any manner because
of the exercise of any rights afforded by this article.
[Ord. 2008-03, 3-17-2008, § 2]
Smoking is prohibited within a minimum distance of 15 feet from
entrances, exits, windows that open, and ventilation intakes that
serve an enclosed area where smoking is prohibited under this article
so as to ensure that tobacco smoke does not enter the area through
entrances, exits, open windows, and other means.
[Ord. 2008-03, 3-17-2008, § 2]
The Village of Elmwood Park shall adopt rules adopted by the
department which are necessary for the administration of this article,
and which are not less restrictive than this article. If any rules
adopted by the department are less restrictive than this article,
and not just a supplement to this article, then the terms of this
article shall prevail.
