§ 7-10-3. Smoking prohibited in designated areas.

A.

Definitions. The following words and phrases used in this Chapter 7 shall have the following meanings:

1.

"Enclosed Area" means all space between a floor and a ceiling that is enclosed or semi-enclosed with (i) solid walls or windows (exclusive of doorways) which extend from floor to the ceiling, or (ii) solid walls with half wall partitions and no windows (exclusive of doorways) including, without limitation lobbies and corridors.

2.

"Place of Employment" means any Enclosed Area under the control of a public or private employer where one or more employees are required or permitted by an employer to work in the course of their employment and includes without limitation, work areas, private offices, auditoriums, classrooms, conference and meeting rooms, cafeterias, elevators, employee lounges, stairs, hallways, restrooms, medical facilities, private clubs, and the interior of a vehicle of public conveyance. A private residence is not a Place of Employment for purposes of this Chapter 7 unless the private residence is also used partially or exclusively as a day care facility for children or adults, a health care facility or a home-based business of any kind open to the public, provided, however, that rooms in nursing homes or long-term care facilities occupied by one or more persons who have requested in writing a room where smoking is permitted shall be considered private residences.

3.

"Public Place" means any area that is open to and used by the general public, or any area to which the public is invited or permitted, including without limitation:

a.

Vehicles of public conveyance;

b.

Common or public areas of apartment buildings, condominiums, dormitory buildings, nursing home care facilities, and other multiple family residential structures, (including lobbies, hallways, reception areas, public restrooms, storage, laundry, and elevators);

c.

Common or public areas of any building or structure that is accessible to the public including without limitation office, commercial and industrial buildings, banks and financial institutions, education institutions, health care facilities such as hospitals, clinics and doctor's offices, museums, libraries, restaurants, polling places, government and Village-owned buildings, food stores, cafeterias, shopping malls, sports arenas, theaters, auditoriums, public transportation facilities, hotels, motels and retail and service establishments (including lobbies, hallways, reception areas, public restrooms, and elevators); and

d.

Rooms, chambers, halls or other locations within which meetings, hearings or gatherings are held and to which the public is invited or in which the public is permitted, including specifically, but without limitation, any Enclosed Area under the control of the Village of Hoffman Estates where there is, in progress, any public meeting. "Public Place" shall not include hotel or motel sleeping rooms designated as "smoking rooms" provided that no more than 20 percent of the available sleeping rooms for rent in any single building of that hotel or motel shall be designated as "smoking rooms".

4.

"Secondhand smoke" or "involuntary smoking" is a mixture of the smoke or vapor given off by the burning ends of a Tobacco Product or Electronic Smoking Device as defined in Section 8-7-15 of this Municipal Code or emitted at the mouthpiece and exhaled from the lungs of smokers.

5.

"Smoking" means inhaling, exhaling, burning, or carrying any lighted Tobacco Product or the use of Electronic Smoking Devices by inhaling or exhaling its vapor.

B.

Prohibition of Smoking in Public Places and Places of Employment. Smoking shall be prohibited in all Public Places and Places of Employment within the Village of Hoffman Estates. This prohibition shall also extend to any enclosed or semi-enclosed sports arena or recreational area, including sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller or ice rink, bowling alley, and other similar places where members of the general public assemble. It shall be unlawful for the owner, occupant or lessee in control of the Public Place or Place of Employment to permit Smoking in any such Public Place or Place of Employment.

C.

Prohibition Within Distance of Public Places and Places of Employment. Smoking is prohibited within 15 feet of any entrance to a Public Place or Place of Employment in which Smoking is prohibited or within 15 feet of any outdoor eating establishment or facility.

D.

Exemptions. Notwithstanding any other provision of this ordinance, the following areas shall be exempted provided Smoking is not limited or prohibited in such areas under the Illinois Clean Indoor Air Act or applicable federal law:

1.

Smoking areas incidental to the sale of Tobacco Product or Electronic Smoking Devices and which areas are located wholly within the Tobacco Product or Electronic Smoking Device dealer's licensed business premises that any smoke or vapor generated by Smoking on the licensed business premises does not infiltrate any other enclosed Public Place or Place of Employment.

2.

A private residence as hereinabove excepted from the definitions of Place of Employment.

3.

Hotel and motel sleeping rooms subject to restrictions as hereinabove set forth in Section 7-10-3-A-3 of "Public Place".

E.

Posting of Signs. Every Public Place and Place of Employment where Smoking is prohibited by this ordinance shall have posted at every entrance a conspicuous sign indicating "No Smoking". Such "No Smoking" signs shall have a white field with the words "No Smoking" printed in red letters four inches high with a one-half inch face or shall bear the international "No Smoking" symbol which consists of a pictorial representation of a cigarette enclosed in a circle with a bar across it. It shall be unlawful for any person to remove, deface or obscure any sign posted pursuant to the provisions of the ordinance. The operator, manager or other person having control of an area where Smoking is prohibited shall remove all ashtrays and other Smoking paraphernalia intended for use where Smoking is prohibited.

(Ord. No. 3592, § 1, 12-1-03; Ord. No. 3764-2005, § 1, 9-19-05; Ord. No. 3865-2006, § 1, 9-25-06; Ord. No. 3755-2005, § 7, 9-6-05; Ord. No. 4445-2014, §§ 2, 3, 9-15-14)

Note— See editor's note to § 7-10-1.