SUBSTITUTE ORDINANCE
Whereas, the City of Chicago is a major tourism and convention destination; and
Whereas, health organizations have conducted studies that show secondhand smoke can cause health problems in non-smokers; and
Whereas, secondhand smoke is particularly hazardous to elderly people, people with cardiovascular disease, and individuals with impaired respiratory function; and
Whereas, children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden death syndrome, developmental abnormalities and cancer; and
Whereas, studies on the economic impact of smoking bans present conflicting data on the actual impact of smoking bans on the business community—particularly the impact on the hospitality business community; and
Whereas, the Chicago City Council desires to promote public health while simultaneously protecting the economic stability of the hospitality business community;
Whereas, the Chicago City Council needs to significantly limit smoking in public places and provide a revenue stream to enforce this limitation;
Whereas, the people working or visiting public places in the City of Chicago have a right to know if smoking is allowed on the premises;
Whereas, the people working or visiting public places in the City of Chicago have a right to know who in the City government will enforce the Chicago Clear Indoor Air Act; and
Whereas, in the City of Chicago there exits a Chicago Clean Indoor Air Act that does not possess a sufficient revenue source to enforce its provisions or educate the public on the health consequences of smoking;
Now therefore be it ordained by the City Council of Chicago that the Municipal Code is hereby amended by adding a new Section 100 to read as follows:
Section 7-32-100
I. Title. This chapter shall be known as the Chicago Clean Indoor Air Ordinance of 2005.
II. Definitions. The following words and phrases shall have the following meanings:
“Arcade” means a public place of amusement that contains four or more automatic amusement devices and is not licensed to serve alcoholic liquor.
“Bar/Tavern” means an establishment whose primary function is the serving of alcoholic beverages for consumption by patrons on the premises; such business may or may not provide food service.
“Bowling Center” means an establishment whose primary function is having lanes used for the game of bowling.”
“Business” means any sole proprietorship, partnership, joint venture, corporation, limited liability company or other entity formed for profit-making purposes, including without limitation retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered or provided.
“Employee” means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit.
“Employer” means any person, business, partnership, corporation, association, including without limitation a municipal corporation, trust, or non-profit entity that employs the services of more than two persons.
“Health Care Facility” means any office or institution providing care or treatment of diseases, whether physical, mental, emotional, or physiological, including without limitation hospitals, rehabilitation hospitals or facilities, clinics, nursing homes, homes for the chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semi-private rooms and wards within health care facilities.
“Place of Employment” means any enclosed area under the control of a public or private employer that employees are during the course of employment, including but 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 childcare, adult day care, health care facility or home-based business of any kind open to the public.
“Private Function” means a gathering of persons for the purposes of deliberation, education, instruction, entertainment, amusement or dining where membership or specific invitation is a prerequisite to entry and where the event is not intended to be open to the public.
“Public Place” means any enclosed area to which the public is invited or in which the public is permitted, including without limitation banks, concert facilities, educational facilities, government buildings, health care facilities, laundromats, museums, public transportation facilities, reception areas, retail service establishments, retail stores, shopping malls, sports arenas, theatres, and zoos. A private residence is not a “Public Place” unless it is used as a childcare, adult day care, health care facility or home-based business of any kind open to the public.
“Pub” means any business as a place where meals and alcoholic beverages are served and where the gross revenue derived from meals may not exceed the gross revenue derived from the service and sale of alcoholic liquors.
“Restaurant” means any eating establishment, including without limitation coffee shops, cafeterias, sandwich shops, and private and public school cafeterias that give or offer for sale food to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.
“Retail Tobacco Store” means 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.
“Shopping Mall” means any enclosed walkway or hall area that serves to connect retail or professional establishments.
“Smoking” means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, hookah or other lighted tobacco product in any manner or in any form.
“Sports Arena” or “Recreational Area” means any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller and ice rink, and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic or recreational competition or activity, or to witness sports, cultural, recreational or other events.
“City-Owned Facilities” means all enclosed vehicles and facilities, including without limitation buildings and vehicles owned, leased or operated by the City of Chicago, shall be subject to the provisions of the Chicago Clean Indoor Air Ordinance of 2005.
III. Prohibition of Smoking in Public Places
Smoking shall be prohibited in all the following public places and places of employment within the City of Chicago:
1. Arcades.
2. Aquariums, galleries, libraries, and museums.
3. Convention facilities.
4. Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance.
5. Health care facilities, adult care facilities and nursing homes.
6. Day care centers, nursery schools, elementary schools, high schools, community colleges, technical training establishments, specialty schools, colleges and universities.
7. Lobbies, hallways and other common areas in apartment buildings, condominiums and enclosed common areas in trailer parks.
8. Polling places.
9. Public transportation facilities under the authority of government agencies, including but without limitation buses, trains, taxicabs, and limousines, and ticket, boarding and waiting areas of public transit stations.
10. Restrooms.
11. Public elevators and all retail stores where merchandise is displayed and offered for sale.
12. Rooms, chambers, places of meeting or public assembly, including without limitation school buildings, under the control of an agency, board, commission, committee or council or the City or a political subdivision of the State, to the extent the place is subject to the jurisdiction of the City.
13. Service lines.
14. Shopping malls.
15. Sports Arenas or Recreational Areas, including without limitation enclosed places in outdoor arenas.
16. Grocery stores.
17. Public meetings.
18. Gymnasiums.
19. Government vehicles used for City business such as maintenance trucks or fleet vehicles.
20. Public and private school buildings.
IV. Prohibition of Smoking in Places of Employment
This prohibition on smoking shall be communicated to all existing employees by the effective date of the Chicago Clean Indoor Air Ordinance of 2005 and to all prospective employees upon their application for employment.
V. Where Smoking is not Regulated / Licensing
Notwithstanding any other provision of this Ordinance to the contrary, the following areas shall be exempt from the provisions of the Chicago Clean Indoor Air Ordinance of 2005.
1. Private residences, except when used as a licensed childcare, adult care facility, health care facility, or a home-based business of any kind open to the public.
2. Private vehicles.
3. Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms.
4. Retail tobacco stores, provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of any section of the Chicago Clean Indoor Air Ordinance of 2005.
5. Those portions of any building in which a license has been issued to conduct the game commonly known as bingo, pursuant to Illinois Compiled Statutes, 230 ILCS 25/1, and only during those times in which the premises are operating under such license.
VI. Tobacco Use License
Bars/taverns, pubs, restaurants, and bowling centers shall be subject to all existing City regulations but may obtain a license issued by the Department of Business Affairs & Licensing to permit smoking in that place of business. Smoking is prohibited without a valid license issued by the Chicago Department of Business Affairs & Licensing.
The Department of Business Affairs & Licensing shall issue a license to permit smoking in the businesses qualified to receive such as defined in this Section upon payment of an annual license fee. These businesses must follow all rules and regulations set by the Department of Business Affairs & Licensing to qualify for issuance of a license to permit smoking.
The annual license fee schedule is as follows:
(a) $250 for businesses that reported $500,000 or less in reported sales tax revenue for the previous tax year;
(b) $500 additional fee for each additional $500,000 reported sales tax above the initial $500,000 reported sales tax revenue for the previous tax year.
All revenue derived from the payment of annual license fees under this Section shall be dedicated to enforcing this ordinance, public information promotions on the ordinance and smoking cessation programs, and operational costs to administer the provisions of this ordinance.
VII. Declaration of Establishments as Non-Smoking
Notwithstanding any other provision of the Chicago Clean Indoor Air Ordinance of 2005, 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.
Smoking shall be prohibited in any place in which a sign conforming to the requirements of the Chicago Clean Indoor Air Ordinance of 2005 is posted.
VIII. Posting of Signs
(a) Every public place and place of employment where smoking is prohibited by the Chicago Clean Indoor Air Ordinance of 2005 shall have posted at all public and employee entrances a conspicuous sign clearly stating that smoking is prohibited. Those public places where smoking is licensed shall have posted at all public and employee entrances a conspicuous sign issued by the Department of Business Affairs & Licensing clearly stating that smoking is allowed in the business. Smoking shall be prohibited in any place in which a sign conforming to the smoking prohibition requirements of the Chicago Clean Indoor Air Ordinance of 2005 is posted.
(b) Every public place that has a license pursuant to Section VI shall have posted at all public and employee entrance a conspicuous sign clearly stating that smoking is permitted on the premises.
IX. Removal / Restriction of Smoking Paraphernalia
The owner, operator, manager or other person having control of an area where the Chicago Clean Indoor Air Ordinance of 2005 prohibits smoking shall remove all ashtrays and other smoking paraphernalia intended for use where smoking is prohibited. Such smoking paraphernalia may be maintained in those restricted areas where smoking is permitted by this ordinance.
X. Non-retaliation
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 the Chicago Clean Indoor Air Ordinance of 2005 or reports a violation of the Chicago Clean Indoor Air Ordinance of 2005. No employee or customer may in any manner retaliate against an employer or business owner, operator, manager or employee because that employer or place of business complied with and/or enforced the non-smoking/smoking provisions of the Chicago Clean Indoor Air Ordinance of 2005.
XI. Enforcement
A. The Chicago Department of Public Health and the Department of Business Affairs & Licensing shall enforce the Chicago Clean Indoor Air Ordinance of 2005. Enforcement of the Chicago Clean Indoor Air Ordinance of 2005 shall commence one hundred and eighty (180) days from the effective date.
B. The Department of Business Affairs & Licensing shall give notice of the provisions of the Chicago Clean Indoor Air Ordinance of 2005 to all applicants for a business license in the City of Chicago.
C. Any citizen who desires to register a complaint under the Chicago Clean Indoor Air Ordinance of 2005 may initiate enforcement with the Chicago Department of Public Health.
D. The Chicago Department of Public Health or their designees shall, while a business is undergoing otherwise mandated inspections, inspect for compliance with the provisions of the Chicago Clean Indoor Air Ordinance of 2005.
E. An owner, operator, manager or employee of a business regulated by this Ordinance shall inform persons violating the Chicago Clean Indoor Air Ordinance of 2005 of the appropriate provisions thereof.
F. In addition to the remedies provided by the provisions of the Chicago Clean Indoor Air Ordinance of 2005, the Chicago Department of Public Health may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
XII. Violations and Penalties
A. A person who violates the Chicago Clean Indoor Air Ordinance of 2005 by smoking in a place where smoking is prohibited by this Section shall be guilty of an infraction, punishable by a fine not less than one hundred dollars ($100) and not more than five hundred dollars ($500).
B. A person who owns, manages, operates or otherwise controls a public place or place of employment and who fails to comply with the provisions of the Chicago Clean Indoor Air Ordinance of 2005 shall be guilty of an infraction, punishable by: