REPORT OF THE HEALTH AND HOSPITALS
PUBLIC HEALTH SUBCOMMITTEE
Public Hearing
The Honorable,
The Board of Commissioners of
ATTENDANCE
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Present: |
Chairman Gorman, Vice Chairman Beavers, Commissioners |
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Absent: |
Commissioners Maldonado (1) |
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Also
Present: |
Commissioners Murphy, Quigley and Schneider; Stephen A.
Martin, Jr., Ph.D., M.P.H., Chief Operating Officer, Department of Public
Health. |
Court Reporter: Anthony
Lisanti, C.P.R.
Ladies and
Gentlemen:
Your Health and Hospitals Public Health
Subcommittee of the Board of Commissioners of Cook County met pursuant to a
public hearing notice on
Your Subcommittee has considered the
following items and upon adoption of this report, the recommendations are as
follows:
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284417 |
URGING THE ILLINOIS GENERAL ASSEMBLY TO PASS REASONABLE
LEGISLATION ESTABLISHING A STATEWIDE BAN ON SMOKING IN PUBLIC PLACES
(PROPOSED RESOLUTION). Submitting a
Proposed Resolution sponsored by Elizabeth Ann Doody
Gorman, County Commissioner. PROPOSED RESOLUTION A RESOLUTION URGING THE ILLINOIS GENERAL ASSEMBLY TO PASS REASONABLE LEGISLATION
ESTABLISHING A STATEWIDE BAN ON SMOKING IN PUBLIC PLACES WHEREAS, WHEREAS, many communities in WHEREAS, not all communities have passed
such bans on smoking in public places creating an environment that is
detrimentally affecting certain businesses; and WHEREAS, this detrimental environment is
causing WHEREAS, when Cook County businesses fail,
local property tax payers are adversely impacted by an increased share of the
cost of government operations; and WHEREAS, the only way to protect the
public health and local businesses is to “level the playing field” by
creating a uniform ban; and WHEREAS, it is clear that the best
solution to this public health hazard is for the Illinois General Assembly to
pass a reasonable, uniform statewide ban on smoking; and WHEREAS, legislation has been introduced
in both the houses of the Illinois General Assembly that would create such a
uniform ban on smoking in public places. NOW, THEREFORE, BE
IT RESOLVED, that
the Cook County Board of Commissioners urges the Illinois General Assembly to
pass a fair and equitable ban on smoking in public places; and BE IT FURTHER
RESOLVED, that a
suitable copy of this Resolution be forwarded to the Governor and the
leadership of both houses of the Illinois General Assembly. *Referred to the
Committee on Public Health Subcommittee on |
Vice Chairman Beavers,
seconded by Commissioner Goslin, moved the approval of Communication No.
284417. The motion carried.
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284418 |
AN ORDINANCE AMENDMENT TO THE COOK PROPOSED ORDINANCE AMENDMENT BE IT ORDAINED, by the Cook County Board of
Commissioners that Chapter 30, Sec. 30-926, of the Cook County Code is hereby
amended as follows: Division 2. County Clean Indoor Air Ordinance Sec. 30-926.
Effective date. This division shall take effect (Ord. No. 06-O-12, § 16, *Referred to the
Committee on Public Health Subcommittee on |
Chairman Gorman
stated that Dr. Stephen Martin, Chief Operating Officer, Cook County Department
of Public Health will address the Committee by reading an opening statement in
reference to the item on the agenda.
(See attachment #1)
Vice Chairman Beavers
stated that he had an Amendment to the Proposed Amendment that he would like to
introduce to the Committee. The
amendment extends the effective date to July, 2008 for restaurants and bars to
comply. Further, Commissioner Beavers stated
that this will give the businesses an opportunity to make changes in their
smoking areas so that it would be safe for everyone.
AMENDMENT TO PROPOSED AMENDMENT – COMMUNICATION NO. 284418
AMENDMENT TO PROPOSEDAMENDMENT
BY WILLIAM BEAVERS, COOK
BE IT
ORDAINED, by
DIVISION 2.
COUNTY CLEAN INDOOR AIR ORDINANCE
The following words and phrases, wherein used in this
Ordinance, shall have the following meanings:
“
“Bar/Tavern” means an establishment that is devoted to the
serving of alcoholic beverages for consumption by guests and patrons on the
premises and does not have an on-site kitchen to prepare food. Food service is limited to providing snack
items or commercially prepared or wrapped foods that require no preparation. and that derives 65%
or more of its gross proceeds from the sale of alcoholic liquor. Each bar/tavern shall provide such
documentations as may be requested by appropriate departments of
“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 non-profit 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.
“Enclosed Area” means all space between a floor and ceiling
that is enclosed or semi-enclosed with (i) solid
walls or windows (exclusive of doorways), which extend from the floor to the
ceiling, or (ii) solid walls with half wall petitions and no windows (exclusive
of doorways) without limitation to
lobbies and corridors.
“Health-Care Facility” means any office or institution
providing medical care or treatment of diseases, whe
“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 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, educational facilities, government buildings, health care facilities, laundromats, museums, public transportation facilities,
reception areas, restaurants, bars/taverns, retail food production and
marketing establishments, retail service establishments, retail stores,
shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a “
“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 an eating establishment, including
without limitation coffee shops, cafeterias, sandwich shops, and private and
public school cafeterias that gives or offers for sale, food to the public,
guests or employees, as well as kitchens and catering facilities in which food
is prepared on the premises for serving elsewhere, and that derives less
than 65% of its gross proceeds from the sale of alcoholic liquor.. The term “Restaurant” shall include, if
applicable, a restaurant bar area. Each
restaurant shall provide such documentation as may be requested by appropriate
departments of
“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 18 is
permitted.
“Secondhand smoke” or “Involuntary smoking” is a mixture of
the smoke given off by the burning ends of a cigarette, pipe, cigar, bidis, and kreteks (sidestream smoke) and the smoke emitted at the mouthpiece
and exhaled from the lungs of smokers (mainstream smoke).
“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.
“Shopping Mall” means any enclosed walkway or hall area that
serves to connect retail or professional establishments.
“Smoking” means inhaling, exhaling, burning, or carrying any
lighted cigar, cigarette, pipe, weed, hookah, or other lighted tobacco product
in any manner or in any form.
“Enclosed or Semi-Enclosed” “Sports Arena” or “Recreational
Area” means any sports pavilion, stadium, gymnasium, health spa, boxing 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 30-914: Prohibition of Smoking in Public Places
Smoking shall be prohibited in all enclosed public places
and places of employment within the
1.
2. Aquariums, galleries, libraries, and
museums.
3. Bars/taverns, subject to Section
916 of this Ordinance.
4. Bingo facilities.
5. Bowling Alleys.
6. Convention facilities.
7. Facilities primarily used for
exhibiting a motion picture, stage, drama, lecture, musical recital, or other
similar performance.
8. Health care facilities, adult day
care facilities.
9. Day care centers, nursery schools,
elementary schools, high schools, community colleges, technical training
establishments, specialty schools, colleges, and universities.
10. Lobbies, hallways and other common
areas in apartment buildings, condominiums and enclosed common areas in trailer
parks.
11. Polling places.
12. Public Transportation under the
authority of government agencies, including without limitation buses, trains, taxicabs,
and limousines, and ticket boarding and waiting areas of public transit
stations.
13. Restaurants, including if
applicable, a Restaurant bar area. subject
to Section 916 of this Ordinance.
14. Restrooms, lobbies, reception areas,
hallways, and other enclosed common-use areas.
15. Public elevators and all retail
stores where merchandise is displayed and offered for sale.
16. Rooms, chambers, places of meeting
or public assembly, including without limitation school buildings, under the
control of an agency, board, commission, committee or council or a political
subdivision of the State, to the extent the place is subject to the
jurisdiction of the County.
17. Service lines.
18. Shopping malls.
19. Sports arenas or recreational areas,
including without limitation, enclosed places in outdoor areas.
20. Grocery stores.
21. Public meetings.
22. Gymnasiums.
23. Gaming facilities.
24. Public and private school buildings.
Section 30-916: Where Smoking is not Regulated.
Notwithstanding any other provision of this Article to the
contrary, the following areas shall be exempt from the provisions this
Ordinance, provided smoking is not limited in such areas under the Illinois
Clean Indoor Air Act.
1. Private residences, except when used
as a licensed childcare, adult care facility, health care facility, or a
home-based business of any kind open to the public.
2. Hotel and motel sleeping rooms that
are rented to guests and are designated as smoking rooms provided, however,
that not more than twenty-five percent (25%) of
3. Private and semi-private rooms in
nursing homes and long-term care facilities that are occupied by one or more
persons, all of whom are smokers and have requested in writing to be placed or
to remain, as the case may be, in a room where smoking is permitted.
4. Private clubs or lodges.
5. Retail tobacco stores, provided that
smoke from these places does not infiltrate into areas where smoking is
prohibited under the provisions on any section of this Ordinance.
6. Until
7. Until
8. Any public place or place of
employment otherwise subject to this Ordinance whose owner or operator can
demonstrate, to the satisfaction of the departments of Cook County Government
that such area has been equipped with air filtration or purification devises or
similar technologies as to render the exposure to secondhand smoke in such
area, notwithstanding the fact that smoking may be occurring in such area,
equivalent to such exposure to secondhand smoke in the ambient outdoor air
surrounding the establishment. The
appropriate departments of Cook County Government will be authorized to promulgate regulations
specifying what types of technologies, when and if available, and taking into
account any applicable Federal and/or State standards, satisfy the requirements
of this paragraph.
Section 30-926 : Effective Date
This ordinance shall take effect July 1,
2008
Chairman Gorman asked the Secretary to the Board to call on
the following registered public speakers:
1. Glen Keefer Owner, Keefers Restaurant
2. Mark Peysakhovich Senior
Director of Advocacy, American Heart Association
Metropolitan
3. Joel Africk President & CEO, American Lung Association Metropolitan
4. Janet
Williams Concerned Citizen
5. David
Baldwin Regional
Vice President
6. Diana Hackbaryth President
–
7. George
Blakemore Concerned
Citizen
8. Marybeth
McDonald Manager
- Traverso Restaurant
9. Jim Hepson Owner
– Hackney’s Restaurant
10. Brian Wojak Owner
– Koppermill Bar & Grill
11. Tom Booth Owner
– Sam McGuires Irish Pub
12. Steve LaRocco Vice
President – Fat Sams Pub
13. Thomas H. Trauscht Concerned
Citizen
Chairman Gorman
stated that the reason for introducing the Amendment to the Proposed Ordinance
was to open up a dialogue. Further,
Chairman Gorman stated that when the Cook County Clean Indoor Ordinance was
originally introduced, it was introduced as an Ordinance that mirrored the City
of
Chairman Gorman
thanked everyone who testified.
Commissioner Butler
stated that he will be voting “No” on the Amendment introduced by Vice Chairman
Beavers.
Vice Chairman Beavers, seconded by Commissioner Goslin moved
Approval of the Amendment to the Proposed Amendment. The motion carried.
Vice Chairman Beavers, seconded by Commissioner Steele moved
to Approve the Amendment to the Proposed Ordinance
Communication No. 284418 as amended. The
motion carried.
Vice Chairman Beavers, seconded by
Commissioner Goslin, moved the approval of Communication No. 284418 as amended.
The motion carried.
Chairman
Gorman and Commissioner Silvestri voted “Present”, and Commissioner Butler
voted “No” on Communication No. 284418.
Commissioner Goslin moved to adjourn
the meeting, seconded by Commissioner Butler.
The motion carried and the meeting was adjourned.
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Respectfully
submitted, Health
and Hospitals Public Health Subcommittee xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Elizabeth
Ann Doody Gorman, Chairman |
Attest:
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Matthew B. DeLeon, Secretary
The transcript for this meeting is
available in the Office of the Secretary to the Board,