Submitted By
Tammie Grossman, Director of Development Customer Services
Reviewed By
LKS
Agenda Item Title
Title
An Ordinance Amending Chapter 20 ("Public Health"), Article 9 ("Village Indoor Clean Air Policy"), Section 20-9-1 ("Definitions") of the Oak Park Village Code
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Overview
Overview
The operator of a cigar lounge located at 6557 North Avenue requested a business license for a cigar lounge that primarily would be retail tobacco shop but would allow for the smoking on premises consistent with the Smoke Free Illinois Act. In processing the business license, staff discovered that the Village's Indoor Clean Air Policy Ordinance prohibits the smoking in retail tobacco shops unless the shop existed as of July 1, 2006. The proposed ordinance would eliminate that requirement and adopt the Smoke Free Illinois Act provision.
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Recommendation
Recommendation
Approve the Ordinance
Fiscal Impact
The Village will receive sales tax revenues from the sale of the tobacco products.
Background
On June 5, 2006, the Village adopted the Village Indoor Clean Air Policy. At the time of the adoption of the Village's ordinance the State of Illinois had not yet adopted the Smoke Free Illinois Act effective January 1, 2008. The Village's Indoor Clean Air Policy specifically exempts established smoking areas incidental to a tobacco store, provided the smoking area is in existence on the day of the adoption of the Village ordinance.
The owner of the new development at 6557 North Ave and the cigar lounge operator has requested that the Village allow a tobacco store to provide a smoking area consistent with Illinois law. The Smoke Free Illinois Act allows smoking areas in a retail tobacco store provided the smoking area is a freestanding structure occupied solely by the business and the smoke does not migrate into the enclosed area where smoking is permitted. The proposed cigar lounge meets these requirements.
Alternatives
Not approve the ordinance.
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