Chicago, IL

Cook County, IL Div. 1, Sec. 42-1. Short title

This article shall be known and may be cited as the Cook County Earned Sick Leave Ordinance (“Ordinance”).

n Cook County, IL Div. 1, Sec. 42-2. Definitions

The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agency shall mean the Cook County Commission on Human Rights.

Construction Industry means any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, wrecking, painting, decorating, demolishing, and adding to or subtracting from any building, structure, highway, roadway, street, bridge, alley, sewer, ditch, sewage disposal plant, water works, parking facility, railroad, excavation or other structure, project, development, real property or improvement, or to do any part thereof, whether or not the performance of the work herein described involves the addition to, or fabrication into, any structure, project, development, real property or improvement herein described of any material or article of merchandise. Construction shall also include moving construction related materials on the job site to or from the job site, snow plowing, snow removal, and refuse collection.

Covered Employee means any Employee who, in any particular two-week period, performs at least two hours of work for an Employer while physically present within the geographic boundaries of Cook County. For purposes of this definition, time spent traveling in Cook County that is compensated time, including, but not limited to, deliveries, sales calls, and travel related to other business activity taking place within Cook County, shall constitute work while physically present within the geographic boundaries of Cook County; however, time spent traveling in Cook County that is uncompensated commuting time shall not constitute work while physically present within the geographic boundaries of Cook County. The definition of “Covered Employee” for purposes of this ordinance does not include any “employee” as defined by Section 1(d) of the Railroad Unemployment Insurance Act, 45 U.S.C. § 351(d).

Domestic partner means any person who has a registered domestic partnership, or qualifies as a domestic partner under Sections 2-173 and 174 of this Code or as a party to a civil union under the Illinois Religious Freedom Protection and Civil Union Act, 750 ILCS 75/1 et seq., as currently in force and hereafter amended.

Earned Sick Leave means time that is provided by an Employer to a Covered Employee that is eligible to be used for the purposes described in Section 42-3 of this Chapter, and is compensated at the same rate and with the same benefits, including health care benefits, that the Covered Employee regularly earns during hours worked.

Employee means an individual permitted to work by an employer regardless of the number of persons the Employer employs.

Employer means:

(1) “Employer” means any individual, partnership, association, corporation, limited liability company, business trust, or any person or group of persons that gainfully employs at least one Covered

Employee with a place of business within Cook County.

(2) The term “employer” does not mean:

a. The government of the United States or a corporation wholly owned by the government of the United States;

b. An Indian tribe or a corporation wholly owned by an Indian tribe;

c. The government of the State or any agency or department thereof; or

d. Units of local government.

Family and Medical Leave Act means the United States Family and Medical Leave Act of 1993. 29 USC S 2601 et seq. as currently in force and hereafter amended.

Family member means a Covered Employee’s child, legal guardian or ward, spouse under the laws of any state, domestic partner, parent, spouse or domestic partner’s parent, sibling, grandparent, grandchild, or any other individual related by blood or whose close association with the Covered Employee is the equivalent of a family relationship. A child includes not only a biological relationship, but also a relationship resulting from an adoption, step-relationship, and/or foster care relationship, or a child to whom the Covered Employee stands in loco parentis. A parent includes a biological, foster, stepparent or adoptive parent or legal guardian of a Covered Employee, or a person who stood in loco parentis when the Employee was a minor child.

Health Care Provider means any person licensed to provide medical or emergency services, including, but not limited to doctors, nurses, and emergency room persoel.

Cook County, IL Div. 1, Sec. 42-3. Earned sick leave

(a) General Provisions

(1) Any Covered Employee who works at least 80 hours for an Employer within any 120-day period shall be eligible for Earned Sick Leave as provided under this Section.

(2) Unless an applicable collective bargaining agreement provides otherwise, upon a Covered Employee’s termination, resignation, retirement or other separating from employment, his or her Employer is not required to provide financial or other reimbursement for unused Earned Sick Leave.

(b) Accrual of Earned Sick Leave

(1) Earned Sick Leave shall begin to accrue either on the 1st calendar day after the commencement of a Covered Employee’s employment or on the effective date of this Ordinance, whichever is later.

(2) For every 40 hours worked after a Covered Employee’s Earned Sick Leave begins to accrue, he or she shall accrue one hour of Earned Sick Leave. Earned Sick Leave shall accrue only in hourly increments; there shall be no fractional accruals.

(3) A Covered Employee who is exempt from overtime requirements shall be assumed to work 40 hours in each workweek for purposes of Earned Sick Leave accrual, unless his or her normal work week is less than 40 hours, in which case Earned Sick Leave shall accrue based upon that normal work week.

(4) For each Covered Employee, there shall be a cap of 40 hours Earned Sick Leave accrued per 12-month period, unless his or her Employer sets a higher limit. The 12-month period for a Covered Employee shall be calculated from the date he or she began to accrue Earned Sick Leave.

(5) At the end of a Covered Employee’s 12-month accrual period, he or she shall be allowed to carry over to the following 12-month period half of his or her unused accrued Earned Sick Leave, up to a maximum of 20 hours.

(6) If an Employer is subject to the Family and Medical Leave Act, each of the Employer’s Covered Employees shall be allowed, at the end of his or her 12-month Earned Sick Leave accrual period, to carry over up to 40 hours of his or her unused accrued Earned Sick Leave, in addition to the carryover allowed under subsection 42-3(b)(5), to use exclusively for Family and Medical Leave Act eligible purposes.

(7) If an Employer has a policy that grants Covered Employees paid time off in an amount and a maer that meets the requirements for Earned Sick Leave under this Section, the Employer is not required to provide additional paid leave. If such Employer’s policy awards the full complement of paid time off immediately upon date of eligibility, rather than using an accrual model, the Employer must award each Covered Employee 40 hours paid time off within one calendar year of his or her date of eligibility.

(c) Use of Earned Sick Leave

(1) An Employer shall allow a Covered Employee to begin using Earned Sick Leave no later than on the 180th calendar day following the commencement of his or her employment. A Covered Employee is entitled to use no more than 40 hours of Earned Sick Leave per 12-month period, unless his or her Employer sets a higher limit. The 12-month period for a Covered Employee shall be calculated from the date he or she began to accrue Earned Sick Leave. If a Covered Employee carries over 40 hours of Family and Medical Leave Act leave pursuant to subsection 42-3(b)(6) and uses that leave, he or she is entitled to use no more than an additional 20 hours of accrued Earned Sick Leave in the same 12 month period, unless the Employer sets a higher limit. A Covered Employee shall be allowed to determine how much accrued Earned Sick Leave he or she needs to use, provided that his or her Employer may set a reasonable minimum increment requirement not to exceed four hours per day.

(2) A Covered Employee may use Earned Sick Leave when:

a. He or she is ill or injured, or for the purpose of receiving medical care, treatment, diagnosis or preventative medical care;

b. A member of his or her family is ill or injured, or to care for a family member receiving medical care, treatment, diagnosis or preventative medical care;

c. He or she, or a member of his or her family, is the victim of domestic violence, as defined in Section 103 of the Illinois Domestic Violence Act of 1986, or is the victim of sexual violence or stalking as defined in Article 11, and Sections 12-7.3. 12-7.4. and 12-7.5 of the Illinois Criminal Code of 2012; or

d. His or her place of business is closed by order of a public official due to a public health emergency, or he or she needs to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency. For the purposes of this section, “public health emergency” is an event that is defined as such by a Federal, State or Local government, including a school district.

(3) An Employer shall not require, as a condition of a Covered Employee taking Earned Sick Leave that he or she search for or find a replacement worker to cover the hours during which he or she is on Earned Sick Leave.

(4) If a Covered Employee’s need for Earned Sick Leave is reasonably foreseeable, an Employer may require up to seven days’ notice before leave is taken. If the need for Earned Sick Leave is not reasonably foreseeable, an Employer may require a Covered Employee to give notice as soon as is practicable on the day the Covered Employee intends to take Earned Sick Leave by notifying the Employer via phone, e-mail, or text message. The Employer may set notification policy if the Employer has notified Covered Employee in writing of such policy and that policy shall not be unreasonably burdensome. For purposes of this subsection, needs that are “reasonablyforeseeable” include, but are not limited to prescheduled appointments with health care providers for the Covered Employee or for a family member, and court dates in domestic violence cases. Any notice requirement imposed by an Employer pursuant to this subsection shall be waived in the event a Covered Employee is unable to give notice because he or she is unconscious, or otherwise medically incapacitated. If the leave is one that is covered under the Family and Medical Leave Act, notice shall be in accordance with the Family and Medical Leave Act.

(5) Where a Covered Employee is absent for more than three consecutive work days, his or her Employer may require certification that the use of Earned Sick Leave was authorized under subsection 42-3(c)(2). For time used pursuant to subsections (c)(2)(a) or (b), documentation signed by a licensed health care provider shall satisfy this requirement. An Employer shall not require that such documentation specify the nature of the Covered Employee’s or the Covered Employee’s family member’s injury, illness, or condition, except as required by law. For Earned Sick Leave used pursuant to subsection (c)(2)(c) a police report, court document, a signed statement from an attorney, a member of the clergy, or a victim services advocate, or any other evidence that supports the Covered Employee’s claim, including a written statement from him or her, or any other person who has knowledge of the circumstances, shall satisfy this requirement. The Covered Employee may choose which document to submit, and no more than one document shall be required if the Earned Sick Leave is related to the same incident of violence or the same perpetrator. The Employer shall not delay the commencement of Earned Sick Leave taken for one of the purposes in subsection 42-3(c)(2) nor delay payment of wages, on the basis that the Employer has not yet received the required certification.

(6) Nothing in this Section shall be construed to prohibit an Employer from taking disciplinary action, up to and including termination, against a Covered Employee who uses Earned Sick Leave for purposes other than those described in this Section.

(7) This Section provides minimum Earned Sick Leave requirements; it shall not be construed to affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater Earned Sick Leave benefits.

Cook County, IL Div. 1, Sec. 42-7. Retaliation prohibited

It shall be unlawful for any Employer to discriminate in any maer or take any adverse action against any Covered Employee in retaliation for exercising, or attempting in good faith to exercise, any right under this Ordinance, including, but not limited to, disclosing, reporting, or testifying about any violation of this Ordinance or regulations promulgated thereunder. For purposes of this Section, prohibited adverse actions include, but are not limited to, unjustified termination, unjustified denial of promotion, unjustified negative evaluations, punitive schedule changes, punitive decreases in the desirability of work assignments, and other acts of harassment shown to be linked to such exercise of rights. An Employer shall not use its absence-control policy to count Earned Sick Leave as an absence that triggers discipline, discharge, demotion, suspension, or any other adverse activity.

Cook County, IL Div. 1, Sec. 42-8. Enforcement and penalties

(a) The Agency shall administer and enforce this Ordinance in accordance with Chapter 42, Article II, Section 42-34 of the Cook County Human Rights Ordinance, except as allowed for in subsection (b) of this Section.

(b) If any Employer violates any of the Earned Sick Leave provisions in this Ordinance, the affected Covered Employee may recover in a civil action damages equal to three times the full amount of any unpaid Sick Leave denied or lost by reason of the violation, and the interest on that amount calculated at the prevailing rate, together with costs and such reasonable attorney’s fees as the court allows. Such action may be brought without first filing an administrative complaint. The statute of limitations for a civil action brought pursuant to this Ordinance shall be for a period of three years from the date of the last event constituting the alleged violation for which the action is brought.

n Municipal Code of Chicago 1-24-045 Paid Sick Leave

(a) General Provisions.

(1) Any Covered Employee who works at least 80 hours for an Employer within any 120-day period shall be eligible for Paid Sick Leave as provided under this section.

(2) Where a Covered Employee is engaged in an Occupation in which Gratuities have customarily and usually constituted part of the remuneration, his or her Employer shall pay at least the full Chicago minimum wage, as provided in Section 1-24-020. for Paid Sick Leave.

(3) Unless an applicable collective bargaining agreement provides otherwise. upon a Covered Employee’s termination, resignation, retirement, or other separation from employment, his or her Employer is not required to provide financial or other reimbursement for unused Paid Sick Leave.

(b) Accrual of Paid Sick Leave.

(1) Paid Sick Leave shall begin to accrue either on the 1 st calendar day after the commencement of a Covered Employee’s employment or on the effective date of this amendatory ordinance of 2016. whichever is later.

(2) For every 40 hours worked after a Covered Employee’s Paid Sick Leave begins to accrue, he or she shall accrue one hour of Paid Sick Leave. Paid Sick Leave shall accrue only in hourly increments: there shall be no fractional accruals.

(3) A Covered Employee who is exempt from overtime requirements under this chapter shall be assumed to work 40 hours in each work week for purposes of Paid Sick Leave accrual, unless his or her normal work week is less than 40 hours, in which case Paid Sick Leave shall accrue based upon that normal work week.

(4) For each Covered Employee, there shall be a cap of 40 hours Paid Sick Leave accrued per 12-month period, unless his or her Employer sets a higher limit. The 12-month period for a Covered Employee shall be calculated from the date he or she began to accrue Paid Sick Leave.

(5) At the end of a Covered Employee’s 12-month accrual period, he or she shall be allowed to carry over to the following 12-month period half of his or her unused accrued Paid Sick Leave, up to a maximum of 20 hours.

(6) If an Employer is subject to the Family and Medical Leave Act, each of the Employer’s Covered Employees shall be allowed, at the end of his or her 12-month Paid Sick Leave accrual period, to carry over up to 40 hours of his or her unused accrued Paid Sick Leave, in addition to the carryover allowed under subsection 1-24-045(b)(5), to use exclusively for Family and Medical Leave Act eligible purposes.

(7) If an Employer has a policy that grants Covered Employees paid time off in an amount and a maer that meets the requirements for Paid Sick Leave under this section, the Employer is not required to provide additional paid leave. If such Employer’s policy awards the full complement of paid time off immediately upon date of eligibility, rather than using an accrual model, the Employer must award each Covered Employee 40 hours paid time off within one calendar year of his or her date of eligibility.

(c) Use of Paid Sick Leave.

(1) An Employer shall allow a Covered Employee to begin using Paid Sick Leave no later than on the 180th calendar day following the commencement of his or her employment. A Covered Employee is entitled to use no more than 40 hours of Paid Sick Leave per 12-month period, unless his or her Employer sets a higher limit. The 12-month period for a Covered Employee shall be calculated from the date he or she began to accrue Paid Sick Leave. If a Covered Employee carries over 40 hours of Family and Medical Leave Act leave pursuant to subsection 1-24-045(b)(6) and uses that leave, he or she is entitled to use no more than an additional 20 hours of accrued Paid Sick Leave in the same 12 month period, unless the Employer sets a higher limit. Within these limitations. Covered Employee shall be allowed to determine how much accrued Paid Sick Leave he or she needs to use, provided that his or her Employer may set a reasonable minimum increment requirement not to exceed four hours per day.

(2) A Covered Employee may use Paid Sick Leave when:

(A) he or she is ill or injured, or for the purpose of receiving medical care, treatment, diagnosis, or preventive medical care:

(B) a member of his or her family is ill or injured, or to care for a family member receiving medical care, treatment, diagnosis, or preventive medical care;

(C) he or she, or a member of his or her family, is the victim of domestic violence, as defined in Section 103 of the Illinois Domestic Violence Act of 1986. or a sex offense, as defined in Article 11 and Sections 12-7.3. 12-7.4. and 12-7.5 of the Illinois Criminal Code of 2012; or

(D) his or her place of business is closed by order of a public official due to a public health emergency, or he or she needs to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency.

(3) An Employer shall not require. as a condition of a Covered Employee taking Paid Sick Leave, that he or she search for or find a replacement worker to cover the hours during which he or she is on Paid Sick Leave.

(4) If a Covered Employees’s need for Paid Sick Leave is reasonably foreseeable, an Employer may require up to seven days’ notice before leave is taken. If the need for Paid Sick Leave is not reasonably foreseeable, an Employer may require a Covered Employee to give notice as soon as is practicable on the day the Covered Employee intends to take Paid Sick Leave by notifying the Employer through via phone, e-mail, or text message. For purposes of this subsection, needs that are “reasonablyforeseeable” include, but are not limited to. prescheduled appointments with health care providers for the Covered Employee or for a family member, and court dates in domestic violence cases. Any notice requirement imposed by an Employer pursuant to this subsection shall be waived in the event a Covered Employee is unable to give notice because he or she is unconscious, or otherwise medically incapacitated.

(5) Where a Covered Employee is absent for more than three consecutive work days, his or her Employer may require certification that the use of Paid Sick Leave was authorized under subsection 1-24-045(c)(2). For time used pursuant to subsections 1-24-045(c)(2)(A) or (B), documentation signed by a licensed health care provider shall satisfy this requirement. An Employer shall not require that such documentation specify the nature of the Covered Employee’s or the Covered Employee’s family member’s injury, illness, or condition, except as required by law. For Paid Sick Leave used pursuant to subsection 1-24-045(c)(2)(C). a police report, court document, a signed statement from an attorney, a member of the clergy, or a victim services advocate, or any other evidence that supports the Covered Employee’s claim, including a written statement from him or her, or any other person who has knowledge of the circumstances, shall satisfy this requirement. The Covered Employee may choose which document to submit, and no more than one document shall be required if the Paid Sick Leave is related to the same incident of violence or the same perpetrator. The Employer shall not delay the commencement of Paid Sick Leave taken for one of the purposes in subsection 1- 24-045(c)(2). nor delay payment of Wages, on the basis that the Employer has not yet received the required certification.

(6) Nothing in this section shall be construed to prohibit an Employer from taking disciplinary action, up to and including termination, against a Covered Employee who uses Paid Sick Leave for purposes other than those described in this subsection 1-24-045(c)(2).

(c) This Section 1-24-045 provides minimum Paid Sick Leave requirements: it shall not be construed to affect the applicability of any other law, regulation, requirement. policy, or standard that provides for greater Paid Sick Leave benefits.

Municipal Code of Chicago 1-24-050 Exclusions.

This chapter shall not apply to hours worked:

a. By any person subject to subsection 4(a)(2) of the Minimum Wage Law, with the exception that the categories of Employees described in subsections 4(a)(2)(A) and 4(a)(2)(B) of the Minimum Wage Law shall be entitled to the Wages described in Sections 1-24-020 and 1-24-030 above, whichever applies, as well as the overtime compensation described in Section 1-24-040;

b. By any person subject to subsection 4(a)(3), subsection 4(d), subsection 4(e), Section 5, or Section 6 of the Minimum Wage Law, with the exception that persons subject to Section 5 of the Minimum Wage Law shall be entitled to all the rights provided under Section 1-24-045 of this chapter. For any governmental entity other than the City, a category that, for purposes of this chapter, includes, but is not limited to, any Sister Agency, any unit of local government, the Illinois state government, and the government of the United States, as well as any other federal, state, or local governmental agency or department;

d. For any Subsidized Temporary Youth Employment Program; or

e. For any Subsidized Transitional Employment Program.

n Municipal Code of Chicago 1-24-010 Definitions

For purposes of this chapter, the following definitions apply:

“Commissioner” means the commissioner of business affairs and consumer protection.

“Constructionindustry” means any constructing, altering, reconstructing, repairing, rehabilitating, refinishing. refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, wrecking, painting, decorating, demolishing, and adding to or subtracting from any building, structure, highway, roadwav. street, bridge, alley, sewer, ditch, sewage disposal plant, waterworks, parking facility, railroad, excavation or other structure, project. development, real property or improvement, or to do any part thereof, whether or not the performance of the work herein described involves the addition to. or fabrication into, any structure, project, development, real property or improvement herein described of any material or article of merchandise. Construction shall also include

moving construction related materials on the job site to or from the job site, snow plowing, snow removal, and refuse collection.

“Covered Employee” means any Employee who is not subject to any of the exclusions set out in Section 1-24-050 below, and who, in any particular two-week period, performs at least two hours of work for an Employer while physically present within the geographic boundaries of the City. For purposes of this definition, time spent traveling in the City that is compensated time, including, but not limited to, deliveries, sales calls, and travel related to other business activity taking place within the City, shall constitute work while physically present within the geographic boundaries of the City; however, time spent traveling in the City that is uncompensated commuting time shall not constitute work while physically present within the geographic boundaries of the City.

“CPI” means the Consumer Price Index for All Urban Consumers most recently published by the Bureau of Labor Statistics of the United States Department of Labor.

“Domesticpartner” means any person who has a registered domestic partnership, or qualifies as a domestic partner under Section 2-152-072 of this Code or as a party to a civil union under the Illinois Religious Freedom Protection and Civil Union Act. 750 ILCS 75/1 et seq. as currently in force and hereafter amended.

“Domestic worker” means a person whose primary duties include housekeeping; house cleaning; home management; nay services, including childcare and child monitoring; caregiving, personal care or home health services for elderly persons or persons with illnesses, injuries, or disabilities who require assistance in caring for themselves; laundering; cooking; companion services; chauffeuring; and other household services to members of households or their guests in or about a private home or residence, or any other location where the domestic work is performed.

“Employee”, “Gratuities”, and “Occupation” have the meanings ascribed to those terms in the Minimum Wage Law, with the exception that: (1) all Domestic Workers, including Domestic Workers employed by Employers with fewer than four employees, shall fall under the definition of the term “Employee” and (2) for purposes of Section 1-24-045. any individual permitted to work by an Employer in an Occupation, regardless of the number of persons the Employer employs, shall fall under the definition of the term “Employee.”

“Employer” means any individual, partnership, association, corporation, limited liability company, business trust, or any person or group of persons that gainfully employs at least one Covered Employee. To qualify as an Employer, such individual, group, or entity must (1) maintain a business facility within the geographic boundaries of the City and/or (2) be subject to one or more of the license requirements in Title 4 of this Code.

“FairLaborStandardsAct” means the United States Fair Labor Standards Act of 1938, 29 USC § 201 et seq., as currently in force hereafter amended.

“FamilyandMedicalLeaveAct” means the United States Family and Medical Leave Act of 1993. 29 USC S 2601 et seq. as currently in force and hereafter amended.

“Familymember” means a Covered Employee’s child, legal guardian or ward, spouse under the laws of any state, domestic partner, parent, spouse or domestic partner’s parent, sibling, grandparent, grandchild, or any other individual related by blood or whose close association with the Employee is the equivalent of a family relationship. A child includes not only a biological relationship, but also a relationship resulting from an adoption, step-relationship, and/or foster care relationship, or a child to whom the Employee stands in loco parentis. A parent includes a biological, foster, stepparent or adoptive parent or legal guardian of an Employee, or a person who stood in loco parentis when the Employee was a minor child.

“Healthcareprovider” means any person licensed to provide medical or emergency services, including, but not limited to. doctors, nurses, and emergency room persoel.

“MinimumWageLaw” means the Illinois Minimum Wage Law, 820 ILCS 105/1 et seq., as currently in force hereafter amended.

“PaidSickLeave” means time that is provided by an Employer to a Covered Employee that is eligible to be used for the purposes described in subsection 1-24-045(b) of this chapter, and is compensated at the same rate and with the same benefits, including health care benefits, that the Covered Employee regularly earns during hours worked.

“Sister Agency” means the Chicago Public Schools, the Chicago Park District, the Chicago Transit Authority, the City Colleges of Chicago, the Chicago Housing Authority, and the Public Building Commission.

“Subsidized Temporary Youth Employment Program” means any publicly subsidized summer or other temporary youth employment program through which persons aged 24 or younger are employed by, or engaged in employment coordinated by, a nonprofit organization or governmental entity.

“Subsidized Transitional Employment Program” means any publicly subsidized temporary employment program through which persons with unsuccessful employment histories and/or members of statistically hard-to-employ populations (such as formerly homeless persons, the long-term unemployed, and formerly incarcerated persons) are provided temporary paid employment and case-managed services under a program administered by a nonprofit organization or governmental entity, with the goal of transitioning program participants into unsubsidized employment.

“Tipped Employee” has the meaning ascribed that term in the Fair Labor Standards Act.

“Wage” means compensation due an Employee by reason of his or her employment.

Municipal Code of Chicago 1-24-080 Retaliation prohibited

It shall be unlawful for any Employer to discriminate in any maer or take any adverse action against any Covered Employee in retaliation for

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Chicago Complete Streets Policy Mayoral Executive Order

The safety and convenience of all users of the transportation system including pedestrians, bicyclists, transit users, freight, and motor vehicle drivers shall be accommodated and balanced in all types of transportation and development projects and through all phases of a project so that even the most vulnerable – children, elderly, and persons with disabilities – can travel safely within the public right-of-way.

Cook County Complete Street Ordinance Sec. 66-103 Purpose and Policy

(a) Title. This division shall be known and may be cited as the “Complete Streets Ordinance” of Cook County, Illinois.

(b) Purpose. Cook County agencies, including but not limited to; the Bureau of Administration, the Department of Budget and Management Services, the Department of Public Health, the Bureau of Economic Development, and the Highway Department; will undertake a formal initiative, as further outlined herein, in plaing a comprehensive, integrated and coected transportation network. To this end, Cook County agencies, in cooperation with both public and private plaing partners, will structure policies affecting all phases of project plaing and development.

(c) Policy. Decisions regarding the public right-of-way shall promote use by pedestrians, bicyclists, public transit, and motor vehicles, in a safe and effective maer taking into account the surrounding community context and land uses. The principles and policies guiding these decisions shall be known as Complete Streets. Complete Streets can be achieved through network level improvements, through integration into single location projects, or incrementally, though a series of small improvements or maintenance activities.

(d) Severability. If any section, subsection, paragraph, sentence or clause of this ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by any court of competent jurisdiction or administrative agency, the invalidity of that provision or application shall not affect, impair or invalidate any remaining section, subsection, paragraph, sentence or clause of this ordinance or its application.

Cook County Complete Street Ordinance Sec. 66-104 Objective

All county agencies are hereby directed to cooperate with each other and other governmental entities to ensure that all roads within Cook County are designed and operated to enable appropriate and safe access for all users. The enactment of this policy shall aim to achieve the following objectives:

(a) Pedestrians, bicyclists, motorists and transit riders of all ages and abilities will be able to move safely along and across appropriate County roadways.

(b) Cook County shall strive to create a comprehensive, integrated and coected network of transportation options for all modes.

(c) Cook County travel patterns will change so that 50% of all trips will be made by walking, bicycling and transit by 2030.

(d) A 50% reduction in bicycle and pedestrian crashes will be achieved by the year 2030.

(e) Cook County agencies will fully incorporate Complete Streets into budgeting processes, workplans, and staffing projections.

(f) To the extent that relevant roadways are under the jurisdiction of an agency excluding Cook County, county agencies are directed to provide such Complete Streets technical assistance as is available under their authority.

(g) County Department of Highways (Highway Department) shall cooperate with neighboring jurisdictions to encourage street coectivity with a specific emphasis on regional corridors.

Cook County Complete Streets Policy

Cook County continues its pursuit of a more appropriately balanced and better aligned transportation system, which would include options and amenities for both our motorized and non-motorized modes of conveyances. This is an effort to promote a more active and healthier living environment, as well as raising the levels of consciousness of all those individuals, organizations, municipalities and institutions wishing to partner with us. Our approach enhances and compliments the character of the community.

By undertaking formal initiatives and plaing a comprehensive, integrated and coected transportation network, Cook County, along with its partners, will structure policies and/or principles throughout all phases of project plaing and development. Decisions regarding the public right-of-way shall promote use by pedestrians, bicyclists, and public transit. Cook County will incorporate this principle into our plaing and design strategies.

Transit priority improvements shall be encouraged to expedite the movement of public transit vehicles. The County shall advocate for iovative solutions to meet public transportation needs wherever possible.

Complete streets can be achieved through single projects or incrementally through a series of smaller improvements or maintenance activities over time. The President of the Cook County Board shall appoint a Cook County Bicycle and Pedestrian Advisory Task Force to advise the County Board and appropriate departments on:

Implementation of the Complete Streets Policy

Priorities for bicycle and pedestrian projects and programs

Measures to improve bicycle and pedestrian safety

In this maer, Cook County can effectively coordinate and facilitate the plaing, design, and construction of thoroughfares to accommodate many modes of transportation, thus providing mobility for a multitude of users, including pedestrians, bicyclists, motorists, and transit users of all ages and abilities traversing within the public right-of-way.

Cook County Complete Street Ordinance Sec. 66-105 Guidelines

(a) Roadways Under the Jurisdiction of the Cook County Highway Department. The Cook County Highway Department shall strive to plan, design, operate and maintain the entire right-of-way to enable safe access for all users, regardless of age, ability, or mode of transportation in all appropriate transportation projects, including new construction, reconstruction, resurfacing, widening, and operations. In furtherance of this goal, the Highway Department will:

1. Consider Complete Streets as one of the priorities in roadway plaing and funding decisions and will develop an internal Complete Streets Policy no later than 90 days following enactment of this ordinance.

2. Prioritize the safe movement of pedestrian, bicycle, and public transportation traffic in decisions regarding the use of limited public right-of-way, with consideration given to roadway context and land use.

3. Define standards to measure the progress of implementation of this ordinance. Such standards shall include, but not be limited to, improvements in safety for all roadway users; increased capacity for all modes of transportation; miles of new and repaired bicycle facilities; blocks of new and repaired sidewalks; number of new and repaired marked street crossings; amount of new and repaired signage; number of new and repaired curb ramps. Such measures shall be incorporated into relevant plans, manuals, policies, processes and programs. The Highway Department shall work with other departments and agencies to track such performance measures as appropriate.

4. Revise its plans, manuals, rules, policies, processes and programs as appropriate to incorporate any changes necessary to foster the timely implementation of Complete Streets principles. Such plans, manuals, rules, policies, processes and programs shall be reviewed upon enactment of this ordinance and no less frequently than every two years hence.

5. Report to the Cook County Board of Commissioners on no less than an aual basis on progress made in implementing Complete Streets.

(b) Roadways Not Under the Jurisdiction of the Cook County Highway Department. All relevant County agencies will review and revise as necessary their plans, manuals, policies, processes and programs to foster the implementation of Complete Streets on roadways not under the jurisdiction of Highway Department but subject to financing, regulation of or otherwise involving an action by any county agency. Such projects shall include, but not be limited to, privately-built roadways and projects on noncounty roadways funded in part or entirely by county funds.

Chicago, IL u00a7 4-64-345 Furnishing tobacco products or tobacco accessories to minors u2013 Prohibited.

No person shall sell, give away, barter, exchange or otherwise furnish any tobacco product or tobacco accessories at retail or otherwise to any individual under 21 years of age.

Chicago, IL u00a7 4-64-100 Definitions

As used in this Chapter 4-64, unless the context clearly indicates that another meaning is intended:

“Bidi cigarette” means a product that: (1) contains tobacco that is wrapped in temburni or tendu leaf, or is wrapped in any other material, identified in rules duly promulgated by the Commissioner of Health, that is similar in appearance or other characteristics to the temburni or tendu leaf; and (2) does not contain a smoke filtering device.

“Cigar” means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco (other than any roll of tobacco that is a cigarette as defined in this section), and includes cheroots and stogies.

“Cigarette” has the meaning ascribed to that term in Section 3-42-010.

“Cigarette vending machine” means any mechanical device used for retail sales of tobacco products, the operation of which is governed or controlled by use of currency, a coin, a token, or a credit or debit card.

“Commissioner” means the Commissioner of Business Affairs and Consumer Protection or the Commissioner’s designee.

“Covered business activity” has the meaning ascribed to that term in Section 4-64-200(a)(1).

“Department” means the Department of Business Affairs and Consumer Protection.

“Department of Public Health” means the Department of Public Health of the City of Chicago.

“Electronic cigarette(s)” shall have the meaning ascribed to that term in Section 7-32-010.

“Flavored tobacco product” means any tobacco product that contains a constituent that imparts a characterizing flavor. As used in this definition, the term “characterizing flavor” means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product including but not limited to tastes or aromas of menthol, mint, wintergreen, chocolate, vanilla, honey, cocoa, any candy, any dessert, any alcoholic beverage, any fruit, any herb, or any spice. No tobacco product shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate such statement or claim, that a tobacco product has or produces a characterizing flavor shall establish that the tobacco product is a flavored tobacco product.

“Illegal sale of cigarettes” means any violation of Sections 3-42-020(d), 4-64-345 or 4-64-350.

“Large cigar” means any cigar weighing at least four pounds per one thousand units.

“Little cigar” means any cigar weighing less than four pounds per one thousand units.

“Other tobacco product(s)” means any tobacco product other than cigarettes, as those terms are defined in this section.

“Package” means the original packet, box, tin, or other container used to contain and convey cigarettes or other tobacco products to the consumer.

“Person” means an individual, firm, partnership, joint venture, association, corporation, estate, trust, trustee, or any other group or combination acting as a unit, excepting the United States of America, the State of Illinois, and any political subdivision thereof.

“Pipe tobacco” means any tobacco which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco to be smoked in a traditional pipe. For the purposes of Article VIII of this Chapter, the term “pipe tobacco” shall not include tobacco typically used in a water pipe, such as a hookah.

“Price reduction instrument” means any coupon, voucher, rebate, card, paper, note, form, statement, ticket, image or other issue, whether in paper, digital, or any other form, used for commercial purposes to receive an article, product, service, or accommodation without charge or at a discounted price.

“Price floor” means the minimum price including all applicable taxes for which a tobacco product or package of tobacco products may be sold by a retail tobacco dealer.

“Retail tobacco dealer” means any person selling, offering for sale, exposing for sale or keeping with the intention of selling or exchanging at retail, tobacco products or tobacco accessories in the City.

“Self-service display” means the open display or storage of tobacco products in a maer that is physically accessible in any way to a member of the general public without a direct person-to-person transfer involving a retail tobacco dealer or his agent. A vending machine is a form of self-service display.

“Smokeless tobacco” means any kind and form of tobacco product that is not intended to be smoked including snuff, snus, and chewing tobacco.

“Smoking tobacco” means any tobacco which, because of its appearance, type, packaging or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes or cigars, or for use as wrappers thereof, or for use in a water pipe such as a hookah. For the purposes of Article VIII of this Chapter, the term “smoking tobacco” shall not include pipe tobacco, as that term is defined in this section.

“Substantial ownership or controlling interest” has the meaning ascribed to that term in subsection (b) of Section 4-4-289.

“Tobacco accessories” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of tobacco products.

“Tobacco product” means any electronic cigarette as defined herein or component or part thereof or any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from tobacco, which product is intended to enable human consumption of the tobacco or nicotine, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For purposes of this Chapter 4-64, the term “tobacco product” excludes any product that has been specifically approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.

“Tobacco product sample” or “tobacco product sampling” means a tobacco product distributed to members of the general public at no cost or at nominal cost for product promotional purposes.

“Tobacco product sampling” means the distribution of tobacco product samples to members of the general public.

“Underage tobacco violation(s)” means any violation of Section 4-64-345, Section 4-64-360, or Section 4-64-500(4)(i).

“Wholesale tobacco dealer” means any person making, manufacturing or jobbing cigars within the City, or selling, offering for sale, exposing for sale, or keeping with the intention of selling or exchanging or delivering at wholesale, within the City or to any retailer located within the City, any tobacco, snuff, cigars, cigarettes or cigarette papers, including leaf tobacco or any preparations containing tobacco.

410 Ill. Comp. Stat. 82/15. Smoking in public places, places of employment, and governmental vehicles prohibited

§ 15. Smoking in public places, places of employment, and governmental vehicles prohibited. 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. An owner shall reasonably assure that smoking is prohibited in indoor public places and workplaces unless specifically exempted by Section 35 of this Act.

n 410 Ill. Comp. Stat. 82/10. Definitions

§ 10. Definitions. In this Act:

“Bar” means 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.

“Department” means the Department of Public Health.

“Employee” means 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 non-profit entity.

“Employer” means a person, business, partnership, association, or corporation, including a municipal corporation, trust, or non-profit entity, that employs the services of one or more individual persons.

“Enclosed area” means all space between a floor and a ceiling that is enclosed or partially enclosed with (i) solid walls or windows, exclusive of doorways, or (ii) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors.

“Enclosed or partially enclosed sports arena” means 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 or supplies” means gaming equipment/supplies as defined in the Illinois Gaming Board Rules of the Illinois Administrative Code.

“Gaming facility” means an establishment utilized primarily for the purposes of gaming and where gaming equipment or supplies are operated for the purposes of accruing business revenue.

“Healthcare facility” means 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.

“Place of employment” means 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 70 of this Act, 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 classrooms; break rooms and cafeterias; and other common areas. A private residence or home-based business, unless used to provide licensed child care, foster care, adult care, or other similar social service care on the premises, is not a “place of employment”, nor are enclosed laboratories, not open to the public, in an accredited university or government facility where the activity of smoking is exclusively conducted for the purpose of medical or scientific health-related research. Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.

“Private club” means a not-for-profit association that (1) has been in active and continuous existence for at least 3 years prior to the effective date of this amendatory Act of the 95th General Assembly, whether incorporated or not, (2) is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, (3) is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and (4) 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 aual 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.

“Private residence” means 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, i, resort, lodge, bed and breakfast or other similar public accommodation, hospital, nursing home, or assisted living facility shall not be considered a private residence.

“Public place” means 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 70 of this Act, 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 child care, 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, i, lodge, bed and breakfast, or other similar public accommodation that are rented to guests, but excludes private residences.

“Restaurant” means (i) 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 (ii) a kitchen or catering facility in which food is prepared on the premises for serving elsewhere. “Restaurant” includes a bar area within the restaurant.

“Retail tobacco store” means a retail establishment that 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” includes an enclosed workplace that manufactures, imports, or distributes tobacco or tobacco products, when, as a necessary and integral part of the process of making, manufacturing, importing, or distributing a tobacco product for the eventual retail sale of that tobacco or tobacco product, tobacco is heated, burned, or smoked, or a lighted tobacco product is tested, provided that the involved business entity: (1) maintains a specially designated area or areas within the workplace for the purpose of the heating, burning, smoking, or lighting activities, and does not create a facility that permits smoking throughout; (2) satisfies the 80% requirement related to gross sales; and (3) delivers tobacco products to consumers, retail establishments, or other wholesale establishments as part of its business. “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. Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.

“Smoke” or “smoking” means the carrying, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted smoking equipment. “Smoke” or “smoking” does not include smoking that is associated with a native recognized religious ceremony, ritual, or activity by American Indians that is in accordance with the federal American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a.

“State agency” has the meaning formerly ascribed to it in subsection (a) of Section 3 of the Illinois Purchasing Act (now repealed).

“Unit of local government” has the meaning ascribed to it in Section 1 of Article VII of the Illinois Constitution of 1970.

n 225 Ill. Comp. Stat. 10/5.5 Smoking in day care facilities

(a) The General Assembly finds and declares that:

(1) The U.S. government has determined that secondhand tobacco smoke is a major threat to public health for which there is no safe level of exposure.

(2) The U.S. Environmental Protection Agency recently classified secondhand tobacco smoke a Class A carcinogen, ranking it with substances such as asbestos and benzene.

(3) According to U.S. government figures, secondhand tobacco smoke is linked to the lung-cancer deaths of an estimated 3,000 nonsmokers per year.

(4) Cigarette smoke is a special risk to children, causing between 150,000 and 300,000 respiratory infections each year in children under 18 months old, and endangering between 200,000 and one million children with asthma.

(5) The health of the children of this State should not be compromised by needless exposure to secondhand tobacco smoke.

(b) It is a violation of this Act for any person to smoke tobacco in any area of a day care center.

(c) It is a violation of this Act for any person to smoke tobacco in any area of a day care home or group day care home.

(d) It is a violation of this Act for any person responsible for the operation of a day care center, day care home, or group day care home to knowingly allow or encourage any violation of subsection (b) or (c) of this Section.

n 410 Ill. Comp. Stat. 82/35 Exemptions

§ 35. Exemptions. Notwithstanding any other provision of this Act, smoking is allowed in the following areas:

(1) Private residences or dwelling places, except when used as a child care, adult day care, or healthcare facility or any other home-based business open to the public.

(2) Retail tobacco stores as defined in Section 10 of this Act in operation prior to the effective date of this amendatory Act of the 95th General Assembly. The retail tobacco store shall aually file with the Department by January 31st 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 amendatory Act 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 smoking is prohibited.

(3) (Blank).

(4) 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. Not more than 25% of the rooms rented to guests 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.

(5) Enclosed laboratories that are excluded from the definition of “place of employment” in Section 10 of this Act. Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.

(6) Common smoking rooms in long-term care facilities operated under the authority of the Illinois Department of Veterans' Affairs or licensed under the Nursing Home Care Act that are accessible only to residents who are smokers and have requested in writing to have access to the common smoking room where smoking is permitted and the smoke shall not infiltrate other areas of the long-term care facility. Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules; any purported rule not so adopted, for whatever reason, is unauthorized.

(7) A convention hall of the Donald E. Stephens Convention Center where a meeting or trade show for manufacturers and suppliers of tobacco and tobacco products and accessories is being held, during the time the meeting or trade show is occurring, if the meeting or trade show:

(i) is a trade-only event and not open to the public;

(ii) is limited to attendees and exhibitors that are 21 years of age or older;

(iii) is being produced or organized by a business relating to tobacco or a professional association for convenience stores; and

(iv) involves the display of tobacco products.

Smoking is not allowed in any public area outside of the hall designated for the meeting or trade show.

This paragraph (7) is inoperative on and after October 1, 2015.

n Cook County, IL, Ch. 38, Art. IX, Div. 1, u00a7 30-205 Prohibition of smoking in public places

(a) Smoking in public places. Smoking shall be prohibited in all enclosed public places and places of employment within the County of Cook, including, without limitation, the following places:

(1) Arcades.

(2) Aquariums, galleries, libraries, and museums.

(3) Bars/taverns.

(4) Bingo facilities.

(5) Bowling alleys.

(6) Convention facilities.

(7) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance.

(8) Health care facilities and adult day care facilities.

(9) Day care centers, nursery schools, elementary schools, high schools, community colleges, technical training establishments, specialty schools, colleges, and universities.

(10) Lobbies, hallways and other common areas in apartment buildings, condominiums and enclosed common areas in trailer parks.

(11) Polling places.

(12) Public transportation under the authority of government agencies, including without limitation buses, trains, taxicabs, and limousines, and ticket boarding and waiting areas of public transit stations.

(13) Restaurants, including if applicable, a restaurant bar area.

(14) Restrooms, lobbies, reception areas, hallways, and other enclosed common-use areas.

(15) Public elevators and all retail stores where merchandise is displayed and offered for sale.

(16) 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 a political subdivision of the State, to the extent the place is subject to the jurisdiction of the County.

(17) Service lines.

(18) Shopping malls.

(19) Sports arenas or recreational areas, including without limitation, enclosed places in outdoor areas.

(20) Grocery stores.

(21) Public meetings.

(22) Gymnasiums.

(23) Gaming facilities.

(24) Public and private school buildings.

(25) Private clubs or lodges.

(b) Reasonable distance. Smoking is prohibited within 15 feet of any entrance, exit, windows that open or ventilation intakes to an enclosed area in which smoking is prohibited.

n Cook County, IL, Ch. 38, Art. IX, Div. 1, u00a7 38-206 Where smoking is not regulated

Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt from the provisions of this Division, provided smoking is not limited in such areas under the Illinois Clean Indoor Air Act:

(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) 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. Not more than 25 percent of the rooms rented to guests in a hotel or motel may be so designated. The status of rooms as smoking or nonsmoking may not be changed, except to permanently add additional nonsmoking rooms.

(3) Private and semiprivate 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, as the case may be, in a room where smoking is permitted and the smoke shall not infiltrate other areas of the nursing home.

n Chicago, IL Chapter 7-32-015 Smoking in public places, places of employment and governmental vehicles prohibited.

Unless an exemption contained in Section 035 of this chapter specifically applies, no person shall smoke in a public place or in any place of employment. No person may smoke in any vehicle owned, leased, or operated by the City of Chicago.

n Chicago, IL Chapter 7-32-010 Definitions

In this chapter:

“Bar” means an establishment which has as its primary business the serving of alcoholic beverages for consumption by guests on the premises. “Bar” includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.

“Department” means the City of Chicago Department of Public Health.

“Electronic cigarette” means any electronically actuated device which in operation causes the user to exhale any smoke, vapor, or other substance other than those produced by unenhanced human exhalation. “Electronic cigarette” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or under any other product name or descriptor. The term “electronic cigarette” does not include any asthma inhaler or other device that has been specifically approved by the United States Food and Drug Administration.

“Employee” means 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.

“Employer” means 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.

“Enclosed area” means all space between a floor and a ceiling that is enclosed or partially enclosed with (i) solid walls or windows, exclusive of doorways, or (ii) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without imitation, lobbies and corridors.

“Enclosed or partially enclosed sports arena” means 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.

“Event site for professional, collegiate, high school or organized amateur sporting events” means the entire physical area in which such sporting events occur. The event site shall include all open spaces and enclosed or partially enclosed sports arenas, including, but not limited to playing fields, dugouts, bullpens, training rooms, locker rooms, team bench areas, spectator seating areas, pedestrian walkways, bathrooms, dining areas, vendor areas, offices, and recreational areas.

“Gaming equipment or supplies” means gaming equipment / supplies as defined in the Illinois Gaming Board Rules of the Illinois Administrative Code.

“Gaming facility” means an establishment utilized primarily for the purposes of gaming and where gaming equipment or supplies are operated for the purposes of accruing business revenue.

“Healthcare facility” means 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, assisted living establishments as defined in Section 4-6-100(a), long-term care facilities as defined in Section 4-6-100(a), adult family care homes as defined in Section 4-6-100(a), 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.

“Live theatre location” means any building, playhouse, room, hall, or other place utilized by live performers to present artistic representations of real or imagined events in front of a live audience.

“Performance space” means the portion or portions of a live theater location where performances occur. “Performance space” excludes all other portions of live theatre locations, including, but not limited to, hallways, lobbies, and public restrooms.

“Place of employment” means 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 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 classrooms; break rooms and cafeterias; and other common areas. A private residence or home-based business, unless used to provide licensed child care, foster care, adult care, or other similar social service care on the premises, is not a “place of employment.”

“Private club” means a not-for-profit association that (1) has been in active and continuous existence for at least three (3) years prior to January 1, 2008, whether incorporated or not, (2) is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, (3) is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and (4) 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 aual 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.

“Private residence” means 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, i, resort, lodge, bed and breakfast or other similar public accommodation, hospital, nursing home, or assisted living facility shall not be considered a private residence.

“Professional, collegiate, high school or organized amateur sporting events” includes: (1) baseball, softball, football, basketball, hockey, track and field, field hockey, lacrosse and soccer; and (2) any other game or other athletic competition organized by a league or association of persons.

“Public place” means 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 City of Chicago, or any other public entity and regardless of whether a fee is charged for admission, including a minimum distance 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 child care, 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 City of Chicago or City subcontract, healthcare facilities or clinics, enclosed shopping centers, retail service establishments, financial institutions, 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, i, lodge, bed and breakfast, or other similar public accommodation that are rented to guests, but excludes private residences.

“Restaurant” means (i) 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 (ii) a kitchen or catering facility in which food is prepared on the premises for serving elsewhere. “Restaurant” includes a bar area within the restaurant.

“Retail tobacco store” means a retail establishment that derives more than 80% of its gross revenue from the sale of loose tobacco, cigarettes, cigarillos, cigars, pipes, other smoking devices and accessories, hookahs and related products, and/or electronic cigarettes and related products, 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.

“Smoke” or “smoking” means either (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.

“Smokeless tobacco” means any product that contains cut, ground, powdered, or leaf tobacco and is intended to be placed in the oral or nasal cavity, including but not limited to, snuff chewing tobacco, dipping tobacco, dissolvable tobacco products and snus.

“Theatre actor” means an individual in the process of presenting an artistic representation of real or imagined events in front of a live audience, or in the process of rehearsing to do the same. The term “theatre actor” applies to both women and men.

“Use of smokeless tobacco” means the placing of any smokeless tobacco in the oral or nasal cavity.

n Chicago, IL Chapter 7-32-035 Exemptions

Notwithstanding any other provision of this chapter, smoking is allowed in the following areas:

(1) Private residences or dwelling places, except when used as a child care, adult day care, or healthcare facility or any other home-based business open to the public.

(2) Retail tobacco stores as defined in Section 010 of this chapter in operation prior to January 1, 2008. Any retail tobacco store that begins operation after January 1, 2008 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 smoking is prohibited. Notwithstanding any other provision in this subsection, the use of electronic cigarettes is allowed in any retail tobacco store.

(3) 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. Not more than 25% of the rooms rented to guests 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.

In addition, theatre actors shall be allowed to use nicotine-free electronic cigarettes within performance spaces.

235 Ill. Comp. Stat. 5/4-1. Jurisdiction over Retail Selling in City Councils, Boards of Trustees and County Boards u2014 Minors

Sec. 4-1. In every city, village or incorporated town, the city council or president and board of trustees, and in counties in respect of territory outside the limits of any such city, village or incorporated town the county board shall have the power by general ordinance or resolution to determine the number, kind and classification of licenses, for sale at retail of alcoholic liquor not inconsistent with this Act and the amount of the local licensee fees to be paid for the various kinds of licenses to be issued in their political subdivision, except those issued to the specific non-beverage users exempt from payment of license fees under Section 5-3 which shall be issued without payment of any local license fees, and the maer of distribution of such fees after their collection; to regulate or prohibit the presence of persons under the age of 21 on the premises of licensed retail establishments of various kinds and classifications where alcoholic liquor is drawn, poured, mixed or otherwise served for consumption on the premises; to prohibit any minor from drawing, pouring, or mixing any alcoholic liquor as an employee of any retail licensee; and to prohibit any minor from at any time attending any bar and from drawing, pouring or mixing any alcoholic liquor in any licensed retail premises; and to establish such further regulations and restrictions upon the issuance of and operations under local licenses not inconsistent with law as the public good and convenience may require; and to provide penalties for the violation of regulations and restrictions, including those made by county boards, relative to operation under local licenses; provided, however, that in the exercise of any of the powers granted in this section, the issuance of such licenses shall not be prohibited except for reasons specifically enumerated in Sections 6-2, 6-11, 6-12 and 6-25 of this Act.

However, in any municipality with a population exceeding 1,000,000 that has adopted the form of government authorized under “An Act concerning cities, villages, and incorporated towns, and to repeal certain Acts here named”, approved August 15, 1941, as amended, no person shall be granted any license or privilege to sell alcoholic liquors between the hours of two o’clock a.m. and seven o’clock a.m. on week days unless such person has given at least 14 days prior written notice to the alderman of the ward in which such person’s licensed premises are located stating his intention to make application for such license or privilege and unless evidence confirming service of such written notice is included in such application. Any license or privilege granted in violation of this paragraph shall be null and void.

n 235 IL Comp. Stat. 5/4-2. Local liquor control commissioner

Sec. 4-2. The mayor or president of the board of trustees of each city, village or incorporated town or his or her designee, and the president or chairman of the county board or his or her designee, shall be the local liquor control commissioner for their respective cities, villages, incorporated towns and counties, and shall be charged with the administration in their respective jurisdictions of the appropriate provisions of this Act and of such ordinances and resolutions relating to alcoholic liquor as may be enacted; but the authority of the president or chairman of the county board or his or her designee shall extend only to that area in any county which lies outside the corporate limits of the cities, villages and incorporated towns therein and those areas which are owned by the county and are within the corporate limits of the cities, villages and incorporated towns with a population of less than 1,000,000, however, such county shall comply with the operating rules of the municipal ordinances affected when issuing their own licenses.

However, such mayor, president of the board of trustees or president or chairman of the county board or his or her designee may appoint a person or persons to assist him in the exercise of the powers and the performance of the duties herein provided for such local liquor control commissioner.

Notwithstanding any other provision of this Section to the contrary, the mayor of a city with a population of 55,000 or less or the president of a village with a population of 55,000 or less that has an interest in the manufacture, sale, or distribution of alcoholic liquor must direct the council or board over which he or she presides to appoint, by majority vote, a person other than him or her to serve as the local liquor control commissioner. The appointment must be made within 30 days from the day on which the mayor or president takes office, and the mayor or president caot make nominations or serve any other role in the appointment. To prevent any conflict of interest, the mayor or president with the interest in the manufacture, sale, or distribution of alcoholic liquor shall not participate in any meetings, hearings, or decisions on matters impacting the manufacture, sale, or distribution of alcoholic liquor. Further, the appointee (i) shall be an attorney with an active license to practice law in the State of Illinois, (ii) shall not legally represent liquor license applicants or holders before the jurisdiction over which he or she presides as local liquor control commissioner or before an adjacent jurisdiction, (iii) shall not have an interest in the manufacture, sale, or distribution of alcoholic liquor, and (iv) shall not be appointed to a term to exceed the term of the mayor, president, or members of the council or board.

n 235 Ill. Comp. Stat. 5/5-1. Licenses issued by Illinois Liquor Control Commission

(a) Manufacturer’s license – Class 1. Distiller, Class 2. Rectifier, Class 3. Brewer, Class 4. First Class Wine Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6. First Class Winemaker, Class 7. Second Class Winemaker, Class 8. Limited Wine Manufacturer, Class 9. Craft Distiller, Class 10. Class 1 Brewer, Class 11. Class 2 Brewer,

(b) Distributor’s license,

(c) Importing Distributor’s license,

(d) Retailer’s license,

(e) Special Event Retailer’s license (not-for-profit),

(f) Railroad license,

(g) Boat license,

(h) Non-Beverage User’s license,

(i) Wine-maker’s premises license,

(j) Airplane license,

(k) Foreign importer’s license,

(l) Broker’s license,

(m) Non-resident dealer’s license,

(n) Brew Pub license,

(o) Auction liquor license,

(p) Caterer retailer license,

(q) Special use permit license,

(r) Winery shipper’s license,

(s) Craft distiller tasting permit.

No person, firm, partnership, corporation, or other legal business entity that is engaged in the manufacturing of wine may concurrently obtain and hold a wine-maker’s license and a wine manufacturer’s license.

(a) A manufacturer’s license shall allow the manufacture, importation in bulk, storage, distribution and sale of alcoholic liquor to persons without the State, as may be permitted by law and to licensees in this State as follows:

Class 1. A Distiller may make sales and deliveries of alcoholic liquor to distillers, rectifiers, importing distributors, distributors and non-beverage users and to no other licensees.

Class 2. A Rectifier, who is not a distiller, as defined herein, may make sales and deliveries of alcoholic liquor to rectifiers, importing distributors, distributors, retailers and non-beverage users and to no other licensees.

Class 3. A Brewer may make sales and deliveries of beer to importing distributors and distributors and may make sales as authorized under subsection (e) of Section 6-4 of this Act.

Class 4. A first class wine-manufacturer may make sales and deliveries of up to 50,000 gallons of wine to manufacturers, importing distributors and distributors, and to no other licensees.

Class 5. A second class Wine manufacturer may make sales and deliveries of more than 50,000 gallons of wine to manufacturers, importing distributors and distributors and to no other licensees.

Class 6. A first-class wine-maker’s license shall allow the manufacture of up to 50,000 gallons of wine per year, and the storage and sale of such wine to distributors in the State and to persons without the State, as may be permitted by law. A person who, prior to June 1, 2008 (the effective date of Public Act 95-634), is a holder of a first-class wine-maker’s license and aually produces more than 25,000 gallons of its own wine and who distributes its wine to licensed retailers shall cease this practice on or before July 1, 2008 in compliance with Public Act 95-634.

Class 7. A second-class wine-maker’s license shall allow the manufacture of between 50,000 and 150,000 gallons of wine per year, and the storage and sale of such wine to distributors in this State and to persons without the State, as may be permitted by law. A person who, prior to June 1, 2008 (the effective date of Public Act 95-634), is a holder of a second-class wine-maker’s license and aually produces more than 25,000 gallons of its own wine and who distributes its wine to licensed retailers shall cease this practice on or before July 1, 2008 in compliance with Public Act 95-634.

Class 8. A limited wine-manufacturer may make sales and deliveries not to exceed 40,000 gallons of wine per year to distributors, and to non-licensees in accordance with the provisions of this Act.

Class 9. A craft distiller license shall allow the manufacture of up to 100,000 gallons of spirits by distillation per year and the storage of such spirits. If a craft distiller licensee, including a craft distiller licensee who holds more than one craft distiller license, is not affiliated with any other manufacturer of spirits, then the craft distiller licensee may sell such spirits to distributors in this State and up to 2,500 gallons of such spirits to non-licensees to the extent permitted by any exemption approved by the Commission pursuant to Section 6-4 of this Act. A craft distiller license holder may store such spirits at a non-contiguous licensed location, but at no time shall a craft distiller license holder directly or indirectly produce in the aggregate more than 100,000 gallons of spirits per year.

A craft distiller licensee may hold more than one craft distiller’s license. However, a craft distiller that holds more than one craft distiller license shall not manufacture, in the aggregate, more than 100,000 gallons of spirits by distillation per year and shall not sell, in the aggregate, more than 2,500 gallons of such spirits to non-licensees in accordance with an exemption approved by the State Commission pursuant to Section 6-4 of this Act.

Any craft distiller licensed under this Act who on July 28, 2010 (the effective date of Public Act 96-1367) was licensed as a distiller and manufactured no more spirits than permitted by this Section shall not be required to pay the initial licensing fee.

Class 10. A class 1 brewer license, which may only be issued to a licensed brewer or licensed non-resident dealer, shall allow the manufacture of up to 930,000 gallons of beer per year provided that the class 1 brewer licensee does not manufacture more than a combined 930,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 930,000 gallons of beer per year or any other alcoholic liquor. A class 1 brewer licensee may make sales and deliveries to importing distributors and distributors and to retail licensees in accordance with the conditions set forth in paragraph (18) of subsection (a) of Section 3-12 of this Act.

Class 11. A class 2 brewer license, which may only be issued to a licensed brewer or licensed non-resident dealer, shall allow the manufacture of up to 3,720,000 gallons of beer per year provided that the class 2 brewer licensee does not manufacture more than a combined 3,720,000 gallons of beer per year and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year or any other alcoholic liquor. A class 2 brewer licensee may make sales and deliveries to importing distributors and distributors, but shall not make sales or deliveries to any other licensee. If the State Commission provides prior approval, a class 2 brewer licensee may aually transfer up to 3,720,000 gallons of beer manufactured by that class 2 brewer licensee to the premises of a licensed class 2 brewer wholly owned and operated by the same licensee.

(a-1) A manufacturer which is licensed in this State to make sales or deliveries of alcoholic liquor to licensed distributors or importing distributors and which enlists agents, representatives, or individuals acting on its behalf who contact licensed retailers on a regular and continual basis in this State must register those agents, representatives, or persons acting on its behalf with the State Commission.

Registration of agents, representatives, or persons acting on behalf of a manufacturer is fulfilled by submitting a form to the Commission. The form shall be developed by the Commission and shall include the name and address of the applicant, the name and address of the manufacturer he or she represents, the territory or areas assigned to sell to or discuss pricing terms of alcoholic liquor, and any other questions deemed appropriate and necessary. All statements in the forms required to be made by law or by rule shall be deemed material, and any person who knowingly misstates any material fact under oath in an application is guilty of a Class B misdemeanor. Fraud, misrepresentation, false statements, misleading statements, evasions, or suppression of material facts in the securing of a registration are grounds for suspension or revocation of the registration. The State Commission shall post a list of registered agents on the Commission’s website.

(b) A distributor’s license shall allow the wholesale purchase and storage of alcoholic liquors and sale of alcoholic liquors to licensees in this State and to persons without the State, as may be permitted by law. No person licensed as a distributor shall be granted a non-resident dealer’s license.

(c) An importing distributor’s license may be issued to and held by those only who are duly licensed distributors, upon the filing of an application by a duly licensed distributor, with the Commission and the Commission shall, without the payment of any fee, immediately issue such importing distributor’s license to the applicant, which shall allow the importation of alcoholic liquor by the licensee into this State from any point in the United States outside this State, and the purchase of alcoholic liquor in barrels, casks or other bulk containers and the bottling of such alcoholic liquors before resale thereof, but all bottles or containers so filled shall be sealed, labeled, stamped and otherwise made to comply with all provisions, rules and regulations governing manufacturers in the preparation and bottling of alcoholic liquors. The importing distributor’s license shall permit such licensee to purchase alcoholic liquor from Illinois licensed non-resident dealers and foreign importers only. No person licensed as an importing distributor shall be granted a non-resident dealer’s license.

(d) A retailer’s license shall allow the licensee to sell and offer for sale at retail, only in the premises specified in the license, alcoholic liquor for use or consumption, but not for resale in any form. Nothing in Public Act 95-634 shall deny, limit, remove, or restrict the ability of a holder of a retailer’s license to transfer, deliver, or ship alcoholic liquor to the purchaser for use or consumption subject to any applicable local law or ordinance. Any retail license issued to a manufacturer shall only permit the manufacturer to sell beer at retail on the premises actually occupied by the manufacturer. For the purpose of further describing the type of business conducted at a retail licensed premises, a retailer’s licensee may be designated by the State Commission as (i) an on premise consumption retailer, (ii) an off premise sale retailer, or (iii) a combined on premise consumption and off premise sale retailer.

Notwithstanding any other provision of this subsection (d), a retail licensee may sell alcoholic liquors to a special event retailer licensee for resale to the extent permitted under subsection (e).

(e) A special event retailer’s license (not-for-profit) shall permit the licensee to purchase alcoholic liquors from an Illinois licensed distributor (unless the licensee purchases less than $500 of alcoholic liquors for the special event, in which case the licensee may purchase the alcoholic liquors from a licensed retailer) and shall allow the licensee to sell and offer for sale, at retail, alcoholic liquors for use or consumption, but not for resale in any form and only at the location and on the specific dates designated for the special event in the license. An applicant for a special event retailer license must (i) furnish with the application: (A) a resale number issued under Section 2c of the Retailers’ Occupation Tax Act or evidence that the applicant is registered under Section 2a of the Retailers’ Occupation Tax Act, (B) a current, valid exemption identification number issued under Section 1g of the Retailers’ Occupation Tax Act, and a certification to the Commission that the purchase of alcoholic liquors will be a tax-exempt purchase, or (C) a statement that the applicant is not registered under Section 2a of the Retailers’ Occupation Tax Act, does not hold a resale number under Section 2c of the Retailers’ Occupation Tax Act, and does not hold an exemption number under Section 1g of the Retailers’ Occupation Tax Act, in which event the Commission shall set forth on the special event retailer’s license a statement to that effect; (ii) submit with the application proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance in the maximum limits; and (iii) show proof satisfactory to the State Commission that the applicant has obtained local authority approval.

(f) A railroad license shall permit the licensee to import alcoholic liquors into this State from any point in the United States outside this State and to store such alcoholic liquors in this State; to make wholesale purchases of alcoholic liquors directly from manufacturers, foreign importers, distributors and importing distributors from within or outside this State; and to store such alcoholic liquors in this State; provided that the above powers may be exercised only in coection with the importation, purchase or storage of alcoholic liquors to be sold or dispensed on a club, buffet, lounge or dining car operated on an electric, gas or steam railway in this State; and provided further, that railroad licensees exercising the above powers shall be subject to all provisions of Article VIII of this Act as applied to importing distributors. A railroad license shall also permit the licensee to sell or dispense alcoholic liquors on any club, buffet, lounge or dining car operated on an electric, gas or steam railway regularly operated by a common carrier in this State, but shall not permit the sale for resale of any alcoholic liquors to any licensee within this State. A license shall be obtained for each car in which such sales are made.

(g) A boat license shall allow the sale of alcoholic liquor in individual drinks, on any passenger boat regularly operated as a common carrier on navigable waters in this State or on any riverboat operated under the Riverboat Gambling Act, which boat or riverboat maintains a public dining room or restaurant thereon.

(h) A non-beverage user’s license shall allow the licensee to purchase alcoholic liquor from a licensed manufacturer or importing distributor, without the imposition of any tax upon the business of such licensed manufacturer or importing distributor as to such alcoholic liquor to be used by such licensee solely for the non-beverage purposes set forth in subsection (a) of Section 8-1 of this Act, and such licenses shall be divided and classified and shall permit the purchase, possession and use of limited and stated quantities of alcoholic liquor as follows:

Class 1, not to exceed ……………………… 500 gallons

Class 2, not to exceed ……………………. 1,000 gallons

Class 3, not to exceed ……………………. 5,000 gallons

Class 4, not to exceed …………………… 10,000 gallons

Class 5, not to exceed …………………… 50,000 gallons

(i) A wine-maker’s premises license shall allow a licensee that concurrently holds a first-class wine-maker’s license to sell and offer for sale at retail in the premises specified in such license not more than 50,000 gallons of the first-class wine-maker’s wine that is made at the first-class wine-maker’s licensed premises per year for use or consumption, but not for resale in any form. A wine-maker’s premises license shall allow a licensee who concurrently holds a second-class wine-maker’s license to sell and offer for sale at retail in the premises specified in such license up to 100,000 gallons of the second-class wine-maker’s wine that is made at the second-class wine-maker’s licensed premises per year for use or consumption but not for resale in any form. A wine-maker’s premises license shall allow a licensee that concurrently holds a first-class wine-maker’s license or a second-class wine-maker’s license to sell and offer for sale at retail at the premises specified in the wine-maker’s premises license, for use or consumption but not for resale in any form, any beer, wine, and spirits purchased from a licensed distributor. Upon approval from the State Commission, a wine-maker’s premises license shall allow the licensee to sell and offer for sale at (i) the wine-maker’s licensed premises and (ii) at up to 2 additional locations for use and consumption and not for resale. Each location shall require additional licensing per location as specified in Section 5-3 of this Act. A wine-maker’s premises licensee shall secure liquor liability insurance coverage in an amount at least equal to the maximum liability amounts set forth in subsection (a) of Section 6-21 of this Act.

(j) An airplane license shall permit the licensee to import alcoholic liquors into this State from any point in the United States outside this State and to store such alcoholic liquors in this State; to make wholesale purchases of alcoholic liquors directly from manufacturers, foreign importers, distributors and importing distributors from within or outside this State; and to store such alcoholic liquors in this State; provided that the above powers may be exercised only in coection with the importation, purchase or storage of alcoholic liquors to be sold or dispensed on an airplane; and provided further, that airplane licensees exercising the above powers shall be subject to all provisions of Article VIII of this Act as applied to importing distributors. An airplane licensee shall also permit the sale or dispensing of alcoholic liquors on any passenger airplane regularly operated by a common carrier in this State, but shall not permit the sale for resale of any alcoholic liquors to any licensee within this State. A single airplane license shall be required of an airline company if liquor service is provided on board aircraft in this State. The aual fee for such license shall be as determined in Section 5-3.

(k) A foreign importer’s license shall permit such licensee to purchase alcoholic liquor from Illinois licensed non-resident dealers only, and to import alcoholic liquor other than in bulk from any point outside the United States and to sell such alcoholic liquor to Illinois licensed importing distributors and to no one else in Illinois; provided that (i) the foreign importer registers with the State Commission every brand of alcoholic liquor that it proposes to sell to Illinois licensees during the license period, (ii) the foreign importer complies with all of the provisions of Section 6-9 of this Act with respect to registration of such Illinois licensees as may be granted the right to sell such brands at wholesale, and (iii) the foreign importer complies with the provisions of Sections 6-5 and 6-6 of this Act to the same extent that these provisions apply to manufacturers.

(l) (i) A broker’s license shall be required of all persons who solicit orders for, offer to sell or offer to supply alcoholic liquor to retailers in the State of Illinois, or who offer to retailers to ship or cause to be shipped or to make contact with distillers, rectifiers, brewers or manufacturers or any other party within or without the State of Illinois in order that alcoholic liquors be shipped to a distributor, importing distributor or foreign importer, whether such solicitation or offer is consummated within or without the State of Illinois.

No holder of a retailer’s license issued by the Illinois Liquor Control Commission shall purchase or receive any alcoholic liquor, the order for which was solicited or offered for sale to such retailer by a broker unless the broker is the holder of a valid broker’s license.

The broker shall, upon the acceptance by a retailer of the broker’s solicitation of an order or offer to sell or supply or deliver or have delivered alcoholic liquors, promptly forward to the Illinois Liquor Control Commission a notification of said transaction in such form as the Commission may by regulations prescribe.

(ii) A broker’s license shall be required of a person within this State, other than a retail licensee, who, for a fee or commission, promotes, solicits, or accepts orders for alcoholic liquor, for use or consumption and not for resale, to be shipped from this State and delivered to residents outside of this State by an express company, common carrier, or contract carrier. This Section does not apply to any person who promotes, solicits, or accepts orders for wine as specifically authorized in Section 6-29 of this Act.

A broker’s license under this subsection (l) shall not entitle the holder to buy or sell any alcoholic liquors for his own account or to take or deliver title to such alcoholic liquors.

This subsection (l) shall not apply to distributors, employees of distributors, or employees of a manufacturer who has registered the trademark, brand or name of the alcoholic liquor pursuant to Section 6-9 of this Act, and who regularly sells such alcoholic liquor in the State of Illinois only to its registrants thereunder.

Any agent, representative, or person subject to registration pursuant to subsection (a-1) of this Section shall not be eligible to receive a broker’s license.

(m) A non-resident dealer’s license shall permit such licensee to ship into and warehouse alcoholic liquor into this State from any point outside of this State, and to sell such alcoholic liquor to Illinois licensed foreign importers and importing distributors and to no one else in this State; provided that (i) said non-resident dealer shall register with the Illinois Liquor Control Commission each and every brand of alcoholic liquor which it proposes to sell to Illinois licensees during the license period, (ii) it shall comply with all of the provisions of Section 6-9 hereof with respect to registration of such Illinois licensees as may be granted the right to sell such brands at wholesale, and (iii) the non-resident dealer shall comply with the provisions of Sections 6-5 and 6-6 of this Act to the same extent that these provisions apply to manufacturers. No person licensed as a non-resident dealer shall be granted a distributor’s or importing distributor’s license.

(n) A brew pub license shall allow the licensee to only (i) manufacture up to 155,000 gallons of beer per year only on the premises specified in the license, (ii) make sales of the beer manufactured on the premises or, with the approval of the Commission, beer manufactured on another brew pub licensed premises that is wholly owned and operated by the same licensee to importing distributors, distributors, and to non-licensees for use and consumption, (iii) store the beer upon the premises, (iv) sell and offer for sale at retail from the licensed premises for off-premises consumption no more than 155,000 gallons per year so long as such sales are only made in-person, (v) sell and offer for sale at retail for use and consumption on the premises specified in the license any form of alcoholic liquor purchased from a licensed distributor or importing distributor, and (vi) with the prior approval of the Commission, aually transfer no more than 155,000 gallons of beer manufactured on the premises to a licensed brew pub wholly owned and operated by the same licensee.

A brew pub licensee shall not under any circumstance sell or offer for sale beer manufactured by the brew pub licensee to retail licensees.

A person who holds a class 2 brewer license may simultaneously hold a brew pub license if the class 2 brewer (i) does not, under any circumstance, sell or offer for sale beer manufactured by the class 2 brewer to retail licensees; (ii) does not hold more than 3 brew pub licenses in this State; (iii) does not manufacture more than a combined 3,720,000 gallons of beer per year, including the beer manufactured at the brew pub; and (iv) is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year or any other alcoholic liquor.

Notwithstanding any other provision of this Act, a licensed brewer, class 2 brewer, or non-resident dealer who before July 1, 2015 manufactured less than 3,720,000 gallons of beer per year and held a brew pub license on or before July 1, 2015 may (i) continue to qualify for and hold that brew pub license for the licensed premises and (ii) manufacture more than 3,720,000 gallons of beer per year and continue to qualify for and hold that brew pub license if that brewer, class 2 brewer, or non-resident dealer does not simultaneously hold a class 1 brewer license and is not a member of or affiliated with, directly or indirectly, a manufacturer that produces more than 3,720,000 gallons of beer per year or that produces any other alcoholic liquor.

(o) A caterer retailer license shall allow the holder to serve alcoholic liquors as an incidental part of a food service that serves prepared meals which excludes the serving of snacks as the primary meal, either on or off-site whether licensed or unlicensed.

(p) An auction liquor license shall allow the licensee to sell and offer for sale at auction wine and spirits for use or consumption, or for resale by an Illinois liquor licensee in accordance with provisions of this Act. An auction liquor license will be issued to a person and it will permit the auction liquor licensee to hold the auction anywhere in the State. An auction liquor license must be obtained for each auction at least 14 days in advance of the auction date.

(q) A special use permit license shall allow an Illinois licensed retailer to transfer a portion of its alcoholic liquor inventory from its retail licensed premises to the premises specified in the license hereby created, and to sell or offer for sale at retail, only in the premises specified in the license hereby created, the transferred alcoholic liquor for use or consumption, but not for resale in any form. A special use permit license may be granted for the following time periods: one day or less; 2 or more days to a maximum of 15 days per locatio

Chicago, IL Ordinance O2012-8602

Meeting Date: 11/15/2012

Sponsor(s): Emanuel, Rahm (Mayor)

Type: Ordinance

Title: Services Agreement with City of Chicago and Compass Group, USA, Inc., dba Canteen Vending Services for installation, operation, repair and maintenance of vending machines at various buildings operated by City

Committee(s) Assignment: Committee on Budget and Government Operations

November 15, 2012

TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO

Ladies and Gentlemen:

At the request of the Commissioner of Fleet and Facility Management, I transmit herewith an ordinance authorizing the execution of a Services Agreement with Compass Group, USA.

Your favorable consideration of this ordinance will be appreciated.

Very truly yours,

Mayor

ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:

SECTION 1: The Commissioner of the Department of Fleet and Facility Management is authorized to execute, on behalf of the City, a City-wide Vending Machine Services Agreement with Compass Group, USA, Inc. d/b/a Canteen Vending Services; such agreement to be approved as to form and legality by the Corporation Counsel in substantially the following form:

CITY-WIDE VENDING MACHINE SERVICES AGREEMENT

between Compass Group USA, Inc. dba Canteen Vending Services and

CITY OF CHICAGO

(Department of Fleet and Facility Management)

Entered into as of , 2012

CITY-WIDE VENDING MACHINE SERVICES AGREEMENT

This City-Wide Vending Machine Services Agreement (“Agreement”) is entered into as of the day of 2012 (“EffectiveDate”), by and between, Compass Group USA, Inc. dba Canteen Vending Services a Delaware corporation authorized to do business in the State of Illinois (“Contractor”) and the City of Chicago, a Municipal corporation and home rule unit of local government existing under the Constitution of the State of Illinois, acting through its Department of Fleet and Facility Management (“City”).

WHEREAS, the City desires to enter into an agreement for the installation, operation, repair and maintenance of vending machines and certain ancillary or related equipment at various buildings operated by the City; and

WHEREAS, the City solicited proposals for the installation, operation, repair and maintenance of Vending Machines and cenain ancillary or related equipment (collectively, “VendingMachines”) pursuant to the City’s Request for Proposal for City-Wide Vending Machine Services, Specification No. 86703 (“RFP”); and

WHEREAS, the City has determined the Contractor’s proposal is most advantageous to the City and has selected the Contractor to install, operate, repair and maintain the Vending Machines in certain City-operated facilities; and

WHEREAS, the Contractor represents that it has the expertise necessary to perform the services and that it is ready, willing and able to perform under this Agreement to the full and reasonable satisfaction of the City.

NOW THEREFORE, in consideration of the mutual promises contained in this Agreement, the City and the Contractor agree as follows:

[…]

3.04 Merchandise

(a) General Merchandise Requirements. The Contractor must keep the Vending Machines stocked with fresh, high-quality Merchandise consistent with the Contractor’s Plan-OGram.

(b) Pricing. The prices of all Merchandise are set forth in Exhibit I and may be modified from time to time by the written mutual agreement of the Contractor and the Department. The Department will continuously monitor and review the Contractor’s pricing schedule and the Department may, in its discretion, request the Contractor to make pricing adjustments as mutually agreed upon. The parties agree that prices may be adjusted by mutual agreement on an aual basis at a rate equal to the then-current rate published for the Employment Cost Index. In addition, the parties agree that the prices are based, in part, on assumptions regarding population, hours of operation, other conditions, labor costs (including, but not limited to benefits and insurance), product costs, fuel costs, Federal, state and local tax structure, any change in Federal, state or local law including regulatory or legislative mandates, and any other levy or tax that impacts the Contractor’s Services (“Factors”) and in the event of a change in Factors, pricing may be adjusted upon prior written notice to the City; provided however that Contractor has given the City reasonable documentation evidencing the necessity for the price adjustment.

(c) Nutritional Standards. With respect to Merchandise, Contractor rnust adhere to the following standards:

For snacks, the Contractor shall provide products that include a variety of’ snacks including, but not limited to, snack bars, cookies, chips, candy, gum. and other products customarily dispensed through such equipment, subject to the ternls and restrictions of this Agreement. For beverages, the Contractor shall provide beverages including, but not limited to, a variety of carbonated soft drinks and non-carbonated beverages including, but not limited to, fruit juice drinks or fruit juice based products, bottled water. tea-based products, milk, pre-packaged coffee products, and sports drinks, subject to the terms and restrictions of this section.

Once the City has approved the initial product line offered, the Contractor will be allowed to add or delete products with the Commissioner’s prior written approval, subject to the terms and restrictions of this section. Such consent shall not be unreasonably withheld. The City reserves the right to request that a product, or products, be replaced at any time and for any reason.

Product inventory may vary, within the initial product line offered, by vending location, subject to the terms and restrictions of this section.

Definitions

Contractor Plan-O-Gram: Consistent with Contractor’s corporate practice and its experience and knowledge in the vending services industry, prior to the commencement of the Services, Contractor will develop a Plan-O-Gram that identifies products with higher selling potential versus those products with lower selling potential (“InitialPlan-O-Gram”).

After the first three (3) months of Services hereunder, the parties will meet to review and evaluate sales trends and other pertinent information relating to the provision of Services

(utilizing data available to it from the BV Fusion program) and adjustments to the Initial Plan-OGram may be agreed upon and implemented. Thereafter and on a quarterly basis during the term hereof, the parties will meet to monitor the continued performance of the Services and may from time to time mutually. agree upon adjustments to the then-current Plan-O-Gram or other adjustments to the Services as the case may be, by way of example, removing and/or relocation poor performing Vending Machines to achieve sales goals etc. Notwithstanding the fore going the Merchandise shall continue to conform to the Standards for Beverages and Standards for food items as delineated hereunder.

Contractor will use good faith efforts to ensure that the Vending Machines are stocked in a maer that is conducive to encourage the highest sales volume potential based upon its PlanO-Gram and in compliance with the Standards for Beverages and Standards for food items as delineated hereunder.

High Calorie Beverage: Any beverage with more than 25 calories per each 8 ounces of beverage.

B. Standards for Beverages

Cold Beverages

The following four criteria must be met for all vended cold beverages:

l . Specifications regarding the product mix:

A) No more than 25% of the product options in a vending machine may be High Calorie Beverages.

B) Unsweetened water is required to be stocked for a minimum of 25% of the product options in a vending machine.

C) All remaining product options must be beverages containing less than or equal to 25 calories per each 8 ounces of beverage.

2. Specifications regarding product display placement:

A) Unsweetened water must be placed in the positions with high selling potential based upon the Plan-O-Gram.

B) High Calorie Beverages must be placed in the positions with low selling potential based upon the Plan-O-Grarn.

3. Specifications regarding size:

A) All beverage selections with the exception of water and seltzer are limited to 12 ounces.

B) All unsweetened water and seltzer selections must be at least 12 ounces.

Portion sizes smaller than 12 ounces are encouraged for High Calorie Beverages.

4. Specifications regarding price:

A) Prices charged for beverages other than High Calorie Beverages caot exceed the prices charged for High Calorie Beverages.

B) Pricing models that encourage the purchase of beverages other than Fligh Calorie Beverages are recommended.

Hot Beverages

The following criteria must be met for all vended hot beverages, including but not limited to coffee and hot chocolate:

1. Specifications regarding the product mix:

A) All product options must be beverages containing less than or equal 10 25 calories per each 8 ounces of beverage.

B) If condiments are separately stocked or offered, they must meet the following criteria:

i) Milk and creamer products (including non-dairy creamer) must be either 1% or non-fat.

Sugar and sugar-substitutes are acceptable.

C) All beverages and condiments must contain less than 0.5 grams of trans fat per serving.

C. Standards for Food Items

The following four criteria must be met for all vended food items:

l . Specifications regarding the product mix:

A) At least 75% of the food items in a vending machine must meet the following criteria. Nuts, seeds, dairy products, fresh fruits and vegetables, dried fruits and vegetables, and packaged fruit packed in its own juice or water need not meet these criteria due to their healthy fats and natural sugars, and may be included in the 75% of food items that meet these criteria. Gum may not be included in the 75% of food items that meet these criteria:

i) Have no more than 250 total calories, and no more than two servings per package.

ii) Have no more than 42 grams of added sweetener per 20 ounce serving.

iii) Have no more than 35% of total calories from fat, and not

more than 10% of calories saturated fat.

iv) Have no more than 35% sugar by weight.

v) Have no more than 400 Ing of sodium per serving.

B) At least five food items must be offered in a vending machine containing less than 250 mg of sodium per serving.

C) At least one food itenl must be in a vending machine that is both gluten- and nut-free.

3. Specifications regarding product display placement:

Food items meeting the nutritional requirements set forth in Paragraph l , above, must be placed in the positions with a high selling potential based upon the Plan-O-Gram.

B) Food items that do not meet the nutritional requirements set forth in Paragraph l , above, must be placed in the positions with a low selling potential based upon the Plan-O-Gram.

4. Specifications regarding price:

Prices charged for food items that meet the nutritional requirements set forth in Paragraph l , above, caot exceed the prices charged for food items that do not meet those requirements.

B) Pricing models that encourage the purchase of food items that meet the nutritional requirements set forth in Paragraph l, above, are recommended.

D. Calorie Posting

In addition to the standards set forth above, in the case of a beverage or food item sold from a vending machine that does not permit a prospective purchaser to examine the Nutrition Facts Panel before purchasing the article or does not otherwise provide visible nutrition information at the point of purchase, the vending machine operator shall provide signage in close proximity, a logo on or adjacent to the selection button, or establish some other mutually agreed upon method in close proximity to each beverage or article of food or selection button that includes a clear and conspicuous statement disclosing the number of calories contained in the beverage or food item.

Nothing in this section is intended to preempt or contradict federal law.

E. Compliance Hotline

Each vending machine shall have affixed to its face, in a prominent position, a sign indicating a phone number which prospective purchasers may call to alert the City that a vending machine is not in compliance with the terms of this section. The phone number shall be a City extension, maed by City persoel, and shall be supplied to the vendor by the City.

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