Peoria Smoking Ban Rule Awaits State Answers

By John Sharp, Journal Star, Peoria, Ill.

Feb. 13–PEORIA — A local ordinance enforcing the state’s smoking ban is on hold.

By a 10-0 vote Tuesday, the City Council voted to wait until state lawmakers answer questions surrounding the Smoke Free Illinois Act, which went into effect Jan. 1 and prohibits indoor smoking at public places and smoking 15 feet outside doors and windows of buildings.

“I, for one, continue to be frustrated with the state on this piece of legislation,” at-large Councilman Ryan Spain said. “How do you preserve due process of violators? Who is going to enforce the ordinance? I support the ban but at the same time, (I) recognize there are key questions that need to be (answered).”

Answers to those questions and more might be on a hold for a while. The Illinois Department of Public Health, for now, is addressing some of the questions “internally,” according to a spokeswoman.

“The understanding should be clear — this is the law and you won’t be able to get away with turning a blind eye,” Spain added.

Peoria police are planning to enforce the state law, despite the questions about who will eventually handle the legal matters of those who violate it.

Chief Steven Settingsgaard said his department is focusing on businesses that “show a blatant disregard” with disobeying the smoking ban. His department will make checks at local taverns it suspects are violating the law.

Tavern owners found in violation of the law will be referred to the city liquor commission for a review.

At-large Councilman Gary Sandberg said he has found taverns and restaurants to be “much more compliant” than any other type of business when it comes to upholding the ban.

“There is no difference between a shoe store and a bar in the eyes of this law,” Sandberg said. “Apparently it is in the eyes of the Peoria’s enforcement priorities.”

Settingsgaard said the focus of his department is on businesses that are licensed through the city, such as those that have a liquor license. In some cases, if a liquor license owner repeatedly violates the smoking ban, that license can be revoked or suspended.

The chief said other businesses, like manufacturing companies or fast food restaurants, could be monitored by other regulatory entities, such as health departments.

Settingsgaard had said he was unsure if the city should proceed with a local ordinance since there is not clarified means about how to enforce the state law from Springfield.

A local ordinance essentially mirrors the state law but makes a couple of distinctions — it places the city in charge of enforcement instead of the state’s attorney’s office and allows Peoria to collect 100 percent of smoking-related fines instead of only 50 percent.

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