HB3695 would amend the Illinois Counties Code to give counties limited zoning authority over retail tobacco stores in unincorporated areas. Specifically, a county could adopt an ordinance regulating where retail tobacco stores may be located near “vulnerable areas,” including schools, day care centers, and hospitals.
At the same time, the bill places an important limit on that authority: counties could not adopt an ordinance that has the effect of prohibiting retail tobacco stores altogether in unincorporated areas. In other words, the measure allows local regulation of siting and proximity, but not a de facto ban on the business category.
Impact
The bill would add a new Section 5-12024 to the Counties Code, expanding county zoning powers in unincorporated areas to address the placement of retail tobacco stores near sensitive uses. It would affect county governments, tobacco retailers, and property owners in unincorporated parts of Illinois by allowing location-based restrictions while preserving the ability to operate somewhere in those areas. The measure does not appear to change state licensing rules for tobacco sales, but it would create a new local land-use tool for counties.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the available record suggests a neutral-to-supportive policy approach focused on local control and public health protection. The bill’s framing around schools, day care centers, and hospitals indicates an intent to limit youth and community exposure to tobacco retail locations, while the anti-prohibition language suggests an effort to balance that concern with business access. No formal opposition or recorded controversy is available in the provided materials.
Contention
The main point of contention is likely the balance between public health zoning and business rights. Supporters would likely favor county authority to keep tobacco retailers away from vulnerable areas, while opponents may argue that the bill could still be used to make it difficult for tobacco stores to locate in unincorporated areas, even if a total ban is prohibited. Another possible issue is local government preemption and whether counties should have this level of discretion over a lawful retail business.
Tobacco: other; cigar bars and tobacco specialty retail stores; modify affidavit submission process for. Amends sec. 12606a of 1978 PA 368 (MCL 333.12606a).