1989-071Date: 9/22/89
ORDINANCE NO. 89- 71
AN ORDINANCE ADDING CHAPTER 8.48 SMOKING IN PUBLIC PLACES
TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by
virtue of the provisions of the Constitution of the State of Illinois
of 1970;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS, THAT:
SECTION 1:
There is hereby added to the Village of Buffalo Grove Municipal
Code Chapter 8.48 which is to read as follows:
Chapter 8.48
Smoking in Public Places
Sections:
8.48.010 Definitions
8.48.020 Prohibition of Smoking in Public Places
8.48.030 Regulation of Smoking in Places of Employment
8.48.040 Regulation of Smoking in Restaurants
8.48.050 Posting of Signs
8.48.060 Enforcement
8.48.070 Violation and Penalties
8.48.080 Other Applicable Laws
Section 8.48.010 Definitions. The following words and phrases,
when used in this ordinance, shall be construed as defined in this
section.
A. "Smoking" means the inhaling, exhaling, burning, or carry-
ing, any lighted cigar, cigarette, or other combustible substance in
any manner or in any form.
B. "Public Place" means any enclosed area to which the public
is invited or in which the public is permitted, including, but not
limited to, municipal buildings, banks, educational facilities, health
MW
facilities, public transportation facilities, reception areas,
restaurants, retail food production and marketing establishments,
retail service establishments, retail stores, theaters, and waiting
rooms. A private residence is not a "public place ".
C. "Work Area" means the immediate area in which an
employee spends the majority of the work day.
D. "Employee" means any person who is employed by any
employer in the consideration for direct or indirect monetary
wages or profit, and any person who volunteers his or her
services for a non - profit entity.
E. "Employer" means any person, partnership, corporation,
including municipal corporation, or non - profit entity, who
employs the services of one or more individual persons.
F. "Bar Area" means an area which is devoted to the
serving of alcoholic beverages for consumption by guests on the
premises and in which the serving of food is only incidental to
the consumption of such beverages. Although a restaurant may
contain a bar area, the term "bar area" shall not include the
restaurant dining area.
G. "Restaurant" means an establishment or portion of an
establishment open to the general public in which the principal
use is the service of prepared food and /or beverages for
consumption on and /or off the premises.
H, "Place of Employment" means all areas within any
building under the control of a business, non - profit entity or
governmental body which employees normally frequent during the
course of employment, including, but not limited to, work areas,.
conference rooms, classrooms, hallways, lounges, restrooms and
cafeterias.
1. A private residence is not a "place of employment"
unless it is used as a child care facility.
2. The dining area of a restaurant is not a "place of
employment ".
Section 8.48.020 Prohibition of Smoking in Public Places.
A, Except as set forth herein, smoking shall be prohibited in
all enclosed public places. The owner or operator of a public place
may designate an area(s) as a smoking area(s) within the facility.
The owner or operator of a public place shall not designate
the entire facility as a smoking area.
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o
B. Exceptions. Smoking in the following public places may be
permitted:
1. Bars and bar areas of restaurants
2. Private residence (except when used as a child
care facility)
3. Retail tobacco stores
4. Bowling alleys
5. Restaurants with fewer than 40 seats
Section 8.48.030 Regulation of Smoking in Places of Emnlovment.
This section shall apply to places of employment employing more than
nine (9) employees. Smoking shall be permitted as designated by the
employer except an employee may designate his or her own work area as
a non - smoking area and post the same with an appropriate sign to be
provided by the employer. Smoking at places of employment shall be
prohibited in auditoriums, classrooms, conference and meeting rooms,
elevators, hallways, and restrooms. In places of employment where
there is more than one conference room, meeting room or restroom, the
employer may designate any such room as a smoking area. An employer
shall not designate all conference rooms, meeting rooms or restrooms
as smoking areas.
Section 8.48.040 Regulation of Smoking in Restaurants.
A. Smoking may be permitted in restaurants seating forty (40)
or more persons only if the requirements of subsections A(1) and (3)
or A(2) and (3) of this section are met.
1. A non - smoking area shall be designated, the size and
location of which shall be determined by the restaurant manage -
ment, based on the needs and requests of the restaurant's
customers, but in no case shall the non - smoking section represent
less than twenty percent (20 %) of the seating capacity. Existing
physical barriers, ventilation systems and other physical ele-
ments of the premises shall be utilized to minimize the intrusion
of smoke into areas where smoking is not permitted. The size of
the smoking area may fluctuate based on requests of customers, as
long as it is no less than twenty percent (20 %) of the seating
capacity.
2. Separate rooms may be provided for smokers and non
smokers, so long as the room(s) designated for non - smoking con-
tain no less than twenty percent (20 %) of the seating capacity of
the restaurant.
3. In all restaurants seating forty or more persons, each
customer shall be asked his preference of seating in a smoking
or a non - smoking section. In restaurants where patrons seat
themselves, the non - smoking section must be clearly identified.
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B. Regardless of restaurant size, cigar and pipe smoking is
permitted only in separate rooms designated for smoking only.
C. Smoking may be permitted in the bar area of a restaurant.
D. Smoking may be permitted in a separate room while it is
being used for private functions, except when the person in charge
of such private function declares the room to be a non - smoking area
for the duration of the private function. When a room is being used
for a private function, the number of remaining seats in the res-
taurant shall be used to ascertain compliance with Section 8.48.040
A.I. and 2. above.
E. Smoking is prohibited in buffet service lines in res-
taurants, whether such buffets are located in smoking or non - smoking
areas.
Section 8.48.050 Posting of Signs. Signs indicating "No
Smoking shall be posted conspicuously in all public places and all
designated non- smoking areas where smoking is prohibited. A sign
shall be posted near the entrance of every restaurant, indicating
the availability or absence of a non - smoking section.
Section 8.48.060 Enforcement.
A. Any citizen who desires to register a complaint under this
chapter may initiate enforcement with the Village.
B. Any owner, manager, operator, or employee of any establish-
ment subject to this chapter may inform persons violating this chapter
of the appropriate provisions thereof.
C. This ordinance does not require the owner, manager, oper-
ator, or employee of an establishment to report a violation or to take
any action against any individual violating this ordinance.
Section 8.48.070 Violations and Penalties. Any person violating
any provision of this chapter shall be punished according to the
provisions of Chapter 1.08 of the Buffalo Grove Municipal Code.
Section 8.48.080 Other Applicable Laws. This ordinance shall
not be interpreted or construed to permit smoking where it is other-
wise restricted by other applicable provisions of the Village Code or
Illinois Statutes.
SECTION 2: Separability. If any provision or application of
any provision of this ordinance is held invalid, that invalidity shall
not affect any other provisions or applications of this ordinance.
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SECTION 3: This ordinance shall be in full force and effect
sixty (60) days after after its passage, approval, and publication,
according to law. This Ordinance may be published in pamphlet form.
AYES: 4 - Marienthal, Glover, Shifrin, President Clayton
NAYES: 1 - Reid
ABSENT: 2 - Mathias, O'Malley
PASSED: October 2
APPROVED: October 2
. 1989
. 1989
PUBLISHED October 3 1989
ATTEST:
QeA,M.
l C- tillage Clerk
APPROVED:
Village President
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VILLAGE OF BUFFALO GROVE
ORDINANCE NO.
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GRO E
THI S °/' ;71 iDAY OF j� 19-4f!7
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & Lake Counties, Illinois,
this day of �%�,L /� 19•
�,�u Nl• Se�
Village Clerk
By SAP
Deputy Village Clerk
Date: 9/22/89
ORDINANCE NO. 89- 71
AN ORDINANCE ADDING CHAPTER 8.48 SMOKING IN PUBLIC PLACES
TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by
virtue of the provisions of the Constitution of the State of Illinois
of 1970;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS, THAT:
SECTION 1:
There is hereby added to the Village of Buffalo Grove Municipal
Code Chapter 8.48 which is to read as follows:
Chapter 8.48
Smoking in Public Places
Sections:
8.48.010 Definitions
8.48.020 Prohibition of Smoking in Public Places
8.48.030 Regulation of Smoking in Places of Employment
8.48.040 Regulation of Smoking in Restaurants
8.48.050 Posting of Signs
8.48.060 Enforcement
8.48.070 Violation and Penalties
8.48.080 Other Applicable Laws
Section 8.48.010 Definitions. The following words and phrases,
when used in this ordinance, shall be construed as defined in this
section.
A. "Smoking" means the inhaling, exhaling, burning, or carry-
ing, any lighted cigar, cigarette, or other combustible substance in
any manner or in any form.
B. "Public Place" means any enclosed area to which the public
is invited or in which the public is permitted, including, but not
limited to, municipal buildings, banks, educational facilities, health
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facilities, public transportation facilities, reception areas,
restaurants, retail food production and marketing establishments,
retail service establishments, retail stores, theaters, and waiting
rooms. A private residence is not a "public place ".
C. "Work Area" means the immediate area in which an
employee spends the majority of the work day.
D. "Employee" means any person who is employed by any
employer in the consideration for direct or indirect monetary
wages or profit, and any person who volunteers his or her
services for a non - profit entity.
E. "Employer" means any person, partnership, corporation,
including municipal corporation, or non - profit entity, who
employs the services of one or more individual persons.
F. "Bar Area" means an area which is devoted to the
serving of alcoholic beverages for consumption by guests on the
premises and in which the serving of food is only incidental to
the consumption of such beverages. Although a restaurant may
contain a bar area, the term "bar area" shall not include the
restaurant dining area.
G. "Restaurant" means an establishment or portion of an
establishment open to the general public in which the principal
use is the service of prepared food and /or beverages for
consumption on and /or off the premises.
H, "Place of Employment" means all areas within any
building under the control of „a business, non - profit entity or
governmental body which employees normally frequent during the
course of employment, including, but not limited to, work areas,.
conference rooms, classrooms, hallways, lounges, restrooms and
cafeterias.
1. A private residence is not a "place of employment”
unless it is used as a child care facility.
2. The dining area of a restaurant is not a "place of
employment ".
Section 8.48.020 Prohibition of Smoking in Public Places.
A, Except as set forth herein, smoking shall be prohibited in
all enclosed public places. The owner or operator of a public place
may designate an area(s) as a smoking area(s) within the facility.
The owner or operator of a public place shall not designate
the entire facility as a smoking area.
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y
B. Exceptions. Smoking in the following public places may be
permitted:
1. Bars and bar areas of restaurants
2. Private residence (except when used as a child
care facility)
3. Retail tobacco stores
4. Bowling alleys
5. Restaurants with fewer than 40 seats
Section 8.48.030 Regulation of Smoking in Places of Employment.
This section shall apply to places of employment employing more than
nine (9) employees. Smoking shall be permitted as designated by the
employer except an employee may designate his or her own work area as
a non - smoking area and post the same with an appropriate sign to be
provided by the employer. Smoking at places of employment shall be
prohibited in auditoriums, classrooms, conference and meeting rooms,
elevators, hallways, and restrooms. In places of employment where
there is more than one conference room, meeting room or restroom, the
employer may designate any such room as a smoking area. An employer
shall not designate all conference rooms, meeting rooms or restrooms
as smoking areas.
Section 8.48.040 Regulation of Smoking in Restaurants.
A. Smoking may be permitted in restaurants seating forty (40)
or more persons only if the requirements of subsections A(1) and (3)
or A(2) and (3) of this section are met.
1. A non - smoking area shall be designated, the size and
location of which shall be determined by the restaurant manage-
ment, based on the needs and requests of the restaurant's
customers, but in no case shall the non - smoking section represent
less than twenty percent (20 %) of the seating capacity. Existing
physical barriers, ventilation systems and other physical ele-
ments of the premises shall be utilized to minimize the intrusion
of smoke into areas where smoking is not permitted. The size of
the smoking area may fluctuate based on requests of customers, as
long as it is no less than twenty percent (20%) of the seating
capacity.
2. Separate rooms may be provided for smokers and non
smokers, so long as the room(s) designated for non - smoking con-
tain no less than twenty percent (20 %) of the seating capacity of
the restaurant.
3. In all restaurants seating forty or more persons, each
customer shall be asked his preference of seating in a smoking
or a non - smoking section. In restaurants where patrons seat
themselves, the non - smoking section must be clearly identified.
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B. Regardless of restaurant size, cigar and pipe smoking is
permitted only in separate rooms designated for smoking only.
C. Smoking may be permitted in the bar area of a restaurant.
D. Smoking may be permitted in a separate room while it is
being used for private functions, except when the person in charge
of such private function declares the room to be a non - smoking area
for the duration of the private function. When a room is being used
for a private function, the number of remaining seats in the res-
taurant shall be used to ascertain compliance with Section 8.48.040
A.I. and 2. above.
E. Smoking is prohibited in buffet service lines in res-
taurants, whether such buffets are located in smoking or non - smoking
areas.
Section 8.48.050 Posting of Signs. Signs indicating "No
Smoking shall be posted conspicuously in all public places and all
designated non - smoking areas where smoking is prohibited. A sign
shall be posted near the entrance of every restaurant, indicating
the availability or absence of a non - smoking section.
Section 8.48.060 Enforcement.
A. Any citizen who desires to register a complaint under this
chapter may initiate enforcement with the Village.
B. Any owner, manager, operator, or employee of any establish -
ment subject to this chapter may inform persons violating this chapter
of the appropriate provisions thereof.
C. This ordinance does not require the owner, manager, oper-
ator, or employee of an establishment to report a violation or to take
any action against any individual violating this ordinance.
Section 8.48.070 Violations and Penalties. Any person violating
any provision of this chapter shall be punished according to the
provisions of Chapter 1.08 of the Buffalo Grove Municipal Code.
Section 8.48.080 Other Applicable Laws. This ordinance shall
not be interpreted or construed to permit smoking where it is other-
wise restricted by other applicable provisions of the Village Code or
Illinois Statutes.
SECTION 2: Separability. If any provision or application of
any provision of this ordinance is held invalid, that invalidity shall
not affect any other provisions or applications of this ordinance.
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w-
• f
SECTION 3: This ordinance shall be in full force and effect
sixty (60) days after after its passage, approval, and publication,
according to law. This Ordinance may be published in pamphlet form.
AYES: 4 - Marienthal, Glover, Shifrin, President Clayton
NAYES: 1 - Reid
ABSENT: 2 - Mathias, O'Malley
PASSED: October 2
APPROVED: October 2
, 1989
, 1989
PUBLISHED October 3 , 1989
ATTEST:
�— Village Clerk
APPROVED:
Village President
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