HomeMy WebLinkAboutORDINANCES-2007-011-O-07•
1/11/2007
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AN ORDINANCE
Amending Section 8-21-3i "Definitions" of the
Evanston City Code, 1979,
Prohibition of -Smoking Non -tobacco Products
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY; ILLINOIS:
SECTION 1: That the Evanston City Code, 1979, as amended, be
and hereby is further amended by amending Section 8-21-3, "Definitions", to read .
as follows:
8-21-3: Definitions:
• The following words and phrases, whenever used in Section 8-21-3 through
Section 8-21-9, shall have the following meanings.
"Arcade" means a public place of amusement as defined in Chapters 3-6 and
3-8 of this Code, which contains automatic amusement devices and is not
licensed to serve alcoholic liquor.
"Business" means any sole proprietorship, partnership,, joint venture,
corporation, limited liability company or other business entity formed for profit,
making purposes, including without limitation retail establishments where goods
or services are sold as well as professional corporations .and other, entities
where legal, medical, dental, engineering, architectural, or other professional
services are delivered.
"Employee" means any person who is employed by an employer in
consideration for direct or indirect monetary wages or profit, and a person who
volunteers his or her services for a nonprofit entity.
"Employer" means any person, business, partnership, association,
corporation, including without limitation a municipal corporation, trust, or non
• profit entity that employs the services of one or more individual persons.
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"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), or (ii) solid walls with half -wall petitions and no windows (exclusive
of doorways) which extend from the floor to the ceiling, without limitation to
lobbies and corridors.
"Health care facility" means any office or institution providing care or
treatment of diseases, whether physical, mental, or emotional, or other medical,
physiological, or psychological conditions, including without limitation hospitals,
rehabilitation hospitals, clinics, retirement hotels, laboratories, and offices of
surgeons, chiropractors, physical therapists, physicians, dentists, and all
specialists within these professions. This definition shall include all waiting
rooms, hallways, private rooms, semi private rooms and wards within health
care facilities. This definition specifically excludes licensed long
term care facilities.
"Performance entertainment venue" means a commercial land use in which
the principal activity is the provision of performance entertainment in a non -
theatrical setting without a theatrical stage other than a raised platform or
without fixed seating. A performance entertainment venue may or may. not,
subject to all applicable legislation, include the service of. alcoholic liquor, and
may or may not' allow ,dancing.. A performance. entertainment venue is not an
establishment in which the principal use. is the service of prepared food and
beverages and in which the land user provides entertainment as an accessory
or incidental to the service of ' prepared food 'and beverages; nor is a
performance.. entertainment venue a cultural facility in which performance
entertainment is provided in a theatrical setting or with fixed seating. ,
A performance entertainment venue includes, without limitation:
(1) Live music venues;
(2) Venues for the provision of musical entertainment which is not live
for compensation;
(3) Dance or, "DY (disk jockey) halls or clubs in which for
compensationlive or recorded musical entertainment is provided with or without
a dance floor;
(4) Comedy clubs; and
(5) Rap clubs.
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• A performance entertainment venue does not include: poetry clubs or the use
of the property of nonprofit institutions for theatrical or musical performances
accessory to the nonprofit institution or by another nonprofit organization.
"Place of employment" means any enclosed area under the control of a public
or private employer that employees frequent during the course of employment,
including without limitation work areas, employee lounges, restrooms,
conference rooms, classrooms, employee cafeterias, hallways and vehicles. A
private residence is not a "place of employment' unless it is used as a
residential care home, a child residential care home, childcare, adult day care,
health care facility or home based business of any kind open to the public.
"Public place" means any enclosed area to which the public is invited or in
which the public is permitted, including without limitation banks,
facilities, government buildings, health care facilities, laundromats
public transportation facilities, reception areas, restaurants,
food production and marketing establishments, retail servi
retail stores, shopping malls, sports, arenas, theaters, and
private residence is not a "public place" unless it is used a:
home, child residential care home, childcare, adult day care,
or home -based- business of any kind open to the public.
educational
museums,
bars/taverns, retail
,e establishments,
waiting rooms. A
a residential care
health care facility
"Private function" means a gathering of persons for the purpose of
deliberation, education, instruction, entertainment, amusement or dining where
membership or specific invitation is a prerequisite to entry and where the event
is not intended to be open to the public. .
"Restaurant" means any retail food establishment, as .that term is defined in
section 8-8-2 of the Evanston City Code. The term "-restaurant shall include, if
applicable, a restaurant bar area.
"Restaurant bar area" -means an area of a restaurant that is primarily devoted
to the serving of alcoholic liquor.
"Retail tobacco store" means any retail store utilized primarily for the sale of
tobacco products and accessories, and in which the sale of other products is
merely incidental and where no one under eighteen (18) is permitted.
"Service. line" means any indoor line, at: which one (1) or more persons are
waiting for or receiving services of any kind, whether or not the service involves
the exchange of money.
is "Shopping mall" means any enclosed walkway or hall area that serves to
connect retail or professional establishments.
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"Smoke" or "Smoking" means inhaling, exhaling, or carrying any lighted
and/or burning smoking materials. "Smoking" does not include the burning or
carrying of incense in a religious ceremony or the use of matches or lighters for
nonsmoking purposes. "Smoke" shall also mean the by product of the burning
of any smoking materials.
"Smoking materials" means any cigar, cigarette, pipe, weed, plant or other
organic substance grown, manufactured or processed which is intended to be
used for smoking in any form. "Smoking materials" do not include candies,
incense or other similar items.
"Enclosed or semi -enclosed sports arena" or "Recreational area" means
any sports pavilion, stadium, gymnasium, health spa, boxing arena, wresting
arena, swimming pool, roller and ice rink, bowling alley, and other similar places
where members of the general public assemble either to engage in physical
exercise, or participate in athletic competition or recreational activity, to witness
sports, cultural, recreational or other events.
SECTION 3: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 4: That this Ordinance shall be in full force and effect
from and after its passage, approval, and publication in the manner
provided by law.
Introduced:-ba_u)1— , 2007 Approved:
Adopted: &L" 2--6, , 2007- � , 2007
Mayor pro tom Wy ne
Attest: Apt,ed as to form:
Mary .o Y i"it Clerk Herbert D. Hill
First Assistant Corporation Counsel
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