Vaping now allowed in East Peoria stores where e-cigarettes and accessories are sold -...

EAST PEORIA — The City Council this week approved a tweaked version of its ban on the use of e-cigarettes in public places. The revised version allows "vaping" in stores where e-cigarettes and accessories are sold.

"There was no intent not to exclude (vape shops) from the ban," Commissioner John Kahl told a gathering of pro-vapers who attended Tuesday's council meeting. "Basically we thought it was covered under the state (Smoke Free Illinois Act). We discussed it after the last meeting and we all said there was no way we could support it if (vape shops weren't exempt)."

The ordinance prohibits use of an electronic smoking device while in a public place, within 15 feet of any entrance to a public place, or in any enclosed indoor area used by the public. Public places include theaters, museums, libraries, educational institutions, schools, commercial establishments, enclosed shopping centers and retail stores, restaurants, bars, private clubs and gaming facilities. Added language approved this week exempts vape shops that derive more than 80 percent of their gross revenue from the sale of electronic smoking devices and accessories.

Those items include, but are not limited to, "atomizers, cartridges, drip tips, and e-liquids and in which the sale of any other products is merely incidental to such retail business or establishments."

Vape shops do not include a tobacco department or section of a retail or commercial establishment or any establishment holding a valid liquor, food or restaurant license.

"I am happy that you are putting in the exemption," Ron Osborn, owner of Phoenix Premium Vapor in East Peoria and several other central Illinois communities, told the council. "As written the ordinance would be more restrictive than the smoking law because you can smoke in a tobacco shop."

Kahl, the council's commissioner of public health and safety, repeated his opinion from the first reading vote two weeks ago that his support of the ban was mostly driven by citizen complaints.

Several speakers urged the council to reconsider the ban, and make it the responsibility of business owners to ban, or accept, vaping in their individual businesses. It's a view that Commissioner Tim Jeffers agreed with. Jeffers was the only member of the council to vote against the ordinance. It passed 3-1. Commissioner Dan Decker, who supported the ordinance two weeks ago, was absent.

"I would want to encourage businesses to take the initiative — pro and con — how they want to run their business," Jeffers said. "It's their business, not mine."

East Peoria is the 15th city in the state to ban e-cigarettes in public places, the only one downstate. Similar bans are in place in Arlington Heights, Chicago, Deerfield, DeKalb, Elgin, Elk Grove Village, Evanston, Naperville, New Lenox, Oak Park, Schaumburg, Skokie, Wheaton, Willmette, as well as Ogle County, according to the Illinois Department of Public Health.

Scott Hilyard is the Journal Star communities reporter. He can be reached at 686-3244 and [email protected]. Follow him on Twitter @scotthilyard.