Unless the context otherwise requires, the following terms as used in this chapter shall be construed according to the definitions given below.
ALTERNATIVE NICOTINE PRODUCT
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]
BUILDING
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]
CHANGE OF OWNERSHIP
[Added 12-11-2023 by Ord. No. 2023-112]
A. 
A change in the form of ownership, e.g., from an individual or partnership or entity or from a partnership to an individual;
B. 
A change from an individual to a partnership or a change in a partnership such as the addition or deletion of any partner; or
C. 
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.
ELECTRONIC CIGARETTE
[Added 5-26-2020 by Ord. No. 2020-35]
A. 
Means:
(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.
B. 
"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]
ENTITY
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]
HOOKAH
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]
HOOKAH BAR
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]
LOCATION
One building owned or operated by the same individual, firm, association, or entity.
[Amended12-11-2023 by Ord. No. 2023-112]
NICOTINE
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]
RETAIL SALE
The sale of a product for use or consumption, and not for resale.
[Amended 12-11-2023 by Ord. No. 2023-112]
SMOKE or SMOKING
[Added 12-11-2023 by Ord. No. 2023-112]
A. 
Means:
(1) 
The carrying, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted smoking equipment; or
(2) 
The use of any electronic cigarette.
TOBACCO
Any cigar, cigarette, snuff, chewing tobacco, manufactured product of tobacco, or tobacco in any form.
[Amended 12-11-2023 by Ord. No. 2023-112]
TOBACCO PRODUCT
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]
[Amended 12-11-2023 by Ord. No. 2023-112; 10-14-2024 by Ord. No. 2024-079]
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
(5) 
A bond as set out in § 41-107.
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. On January 1, 2025, a one-time sixteen-month license (January 1, 2025 — April 30, 2026) will be made available to allow the license cycle to transition to align with the City's fiscal year (May 1 — April 30). The City Clerk maintains the responsibility of determining and managing the processes necessary to facilitate the change, including, but not limited to, establishing billing cycle payment options. First-time licenses issued after January 1, 2025, shall expire on April 30, 2026.
E. 
On May 1, 2026, the standard twelve-month licensing cycle will resume running concurrent with the City's fiscal year. All applications for the renewal of a license shall be made in writing to the City Clerk not later than April 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 April 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; 10-14-2024 by Ord. No. 2024-079]
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 fiscal year in which the license is issued. Application fees shall not be prorated. The license shall expire on April 30 each year. 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 April 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.
[Amended 5-26-2020 by Ord. No. 2020-35; 12-11-2023 by Ord. No. 2023-112[1]]
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.
[1]
Editor's Note: This ordinance also repealed former § 41-105, Revocation, and redesignated former §§ 41-106 and 41-107 as §§ 41-105 and 41-106, respectively.
[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).
[1]
Editor's Note: This ordinance also redesignated former § 41-108, Penalties, to § 41-109.
[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;
(6) 
Failure to notify in writing the City Clerk Department and receive prior approval of a change in ownership as required by § 41-108.
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]
The following words and phrases whenever used in this article shall have the following meanings:
ADULT DAY CARE HOME
A private residence which receives for care one or more aging or disabled adults, not related to the family.
BUSINESS
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]
CHILD DAY CARE HOME
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.
[Ord. No. 2006-138]
EMPLOYEE
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]
EMPLOYER
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]
ENCLOSED AREA
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
Any enclosed structure or building intended for human occupancy.
HEALTH CARE FACILITY
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]
PLACE OF EMPLOYMENT
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]
PRIVATE CLUB OR LODGE
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]
PUBLIC PLACE
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]
RETAIL TOBACCO STORE
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
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.
SHOPPING MALL
Any enclosed walkway or hall area that serves to connect retail or professional establishments.
SMOKING
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]
SPORTS ARENA, ENCLOSED OR SEMI-ENCLOSED
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]
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]
C. 
Private clubs or lodges (except as provided in § 41-202 of this chapter).[1]
[Ord. No. 2006-138]
[1]
Editor's Note: Former Subsection C, regarding retail tobacco stores, was repealed 12-11-2023 by Ord. No. 2023-112. This ordinance also redesignated former Subsections D through H as Subsections C through G, respectively.
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]
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.