Amended liquor code lets police cite businesses for not reporting indoor smoking
Jump to full article: Peoria (IL) Journal-Star, 2009-10-12
Author: MATT BUEDEL OF THE JOURNAL STAR
Intro: Puffing in East Peoria now may be subject to more regulations than anywhere else in the state.
With the recent adoption of an amended liquor code that specifically references a ban on smoking in public places, the city conceivably has three laws covering the prohibition.
First is the state's Smoke Free Illinois Act, which beginning Jan. 1, 2008, sought to end smoking in bars, restaurants and all other places open to the public or places of employment.
Second is the city's smoking ordinance, which closely mirrors the state act and was adopted after the state ban was approved. Cities that created individual ordinances to regulate smoking once the ban took effect were allowed, under the state law, to keep 100 percent of the fines for violations, rather than splitting the proceeds with the state.
But the state's law - and thus, ordinances around the state that were adopted verbatim to keep the revenue generated by citations local - initially contained peculiar language that resulted in confused enforcement efforts and legal challenges.
That atmosphere caused East Peoria and other municipalities to attempt a third approach: citing bar owners and bartenders under catch-all provisions in local liquor codes.
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