Bill Text: IL SB0204 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Issuing Licenses and Abating Nuisances Division of the Illinois Municipal Code. Provides that nothing in the Division shall prohibit the issuance or renewal of a license authorizing the sale of tobacco products or tobacco accessories at premises located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of the property line of any building or other location used primarily as a school if: (1) the school is a private elementary school; (2) the school is located within the boundaries of West Devon Avenue, West Rosemont Avenue, North Mozart Street, and North Fairfield Avenue; and (3) the sale of tobacco products or tobacco accessories at the premises occurs only after school hours until no later than 2 a.m. Limits the concurrent exercise of home rule powers. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-01-31 - Referred to Assignments [SB0204 Detail]

Download: Illinois-2023-SB0204-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0204 Introduced 1/31/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
65 ILCS 5/11-60-3 new
Amends the Issuing Licenses and Abating Nuisances Division of the Illinois Municipal Code. Provides that nothing in the Division shall prohibit the issuance or renewal of a license authorizing the sale of tobacco products or tobacco accessories at a premises that is located within a municipality with a population in excess of 1,000,000 inhabitants and is within 100 feet of the property line of any building or other location used primarily as a school if: (1) the school is a private elementary school; (2) the school is located within the boundaries of West Devon Avenue, West Rosemont Avenue, North Mozart Street, and North Fairfield Avenue; and (3) the sale of tobacco products or tobacco accessories at the premises occurs only after school hours until no later than 2 a.m. Limits the concurrent exercise of home rule powers. Effective immediately.
LRB103 25660 AWJ 52009 b
A BILL FOR
SB0204 LRB103 25660 AWJ 52009 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
adding Section 11-60-3 as follows:
(65 ILCS 5/11-60-3 new)
Sec. 11-60-3. Sale of tobacco products or tobacco
accessories near schools.
(a) Notwithstanding any provision of law, nothing in this
Division shall prohibit the issuance or renewal of a license
authorizing the sale of tobacco products or tobacco
accessories at a premises that is located within a
municipality with a population in excess of 1,000,000
inhabitants and is within 100 feet of the property line of any
building or other location used primarily as a school if:
(1) the school is a private elementary school;
(2) the school is located within the boundaries of
West Devon Avenue, West Rosemont Avenue, North Mozart
Street, and North Fairfield Avenue; and
(3) the sale of tobacco products or tobacco
accessories at the premises occurs only after school hours
until no later than 2 a.m.
(b) A home rule municipality may not regulate the issuance

SB0204 - 2 - LRB103 25660 AWJ 52009 b
or renewal of a license authorizing the sale of tobacco
products or tobacco accessories in a manner inconsistent with
this Section. This Section is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.
Section 99. Effective date. This Act takes effect upon
becoming law.