The Illinois legislature took a firm stance against smoking when it decided to join the growing number of states that have passed smoking bans. The Smoke Free Illinois Act is one of the more restrictive state-wide smoking bans in the United States. On January 1, 2008 Illinois became the 22nd state in the country to prohibit smoking in all indoor public places and places of employment. In addition to banning smoking in public places, there are also restrictions banning those smoking outdoors from standing too close to a public building. People may smoke outdoors so long as they are 15 or more feet away from doors, windows, and ventilation intakes.
Bars and restaurants that have outdoor patio areas for eating, drinking, and socializing may allow smoking so long as the patio is not enclosed, and smoking is not allowed within 15 feet of any door or window that opens into the enclosed non-smoking area of the business or any ventilation intake. There are strict rules governing the structure of unenclosed spaces where smoking may be allowed. Additionally, bar and restaurant owners may designate non-enclosed areas otherwise exempted from the ban, including outdoor areas, as non-smoking areas. All places covered by the Act must post "no smoking" signs in conspicuous locations.
There has been much publicity about the places in which a person is no longer allowed to smoke. However, the Act does allow a handful of exemptions permitting smoking in some places while minimizing the exposure of non-smokers to the harmful effects of secondhand smoke. Smoking is still allowed in private residences, so long as the residence is not used as a business open to the public or customers. It is also allowed in retail tobacco stores that were in operation prior to January 1, 2008. Certain private and semi-private nursing home rooms and up to 25% of hotel rooms may be designated as smoking rooms. Even where smoking indoors in these exempted locations is allowed, the Act provides for strict rules regarding the requisite ventilation in the rooms and the protection of people in the remaining non-smoking rooms from exposure to secondhand smoke.
The restrictions on smoking put in place under the Smoke Free Illinois Act are minimum requirements. Owners of public places, municipalities or counties wishing to place further restrictions on smoking in a public place or city may do so. A person will be fined between $100 and $250 for smoking in a prohibited area. A person who owns, operates or otherwise controls a public place or place of employment who violates the Act will be subject to minimum fines of $250 for the first violation, $500 for the second violation within one year after the first violation and $2,500 for each additional violation within one year after the first violation.
This article is intended to present general information for educational purposes, is not legal advice and should not be relied upon in connection with any particular matter. The reader is advised to immediately retain their own separate legal counsel with respect to any specific legal issue. Rights to bring a claim will expire through the passage of time by the applicable statute of limitations.
Ralph E. Elliott practices law at Law Offices of Ralph E. Elliott, A Professional Corporation which is comprised of Attorneys Freeport Illinois who have over 34 years of experience including a Real Estate and Business practice. The firm is situated at 1005 W. Loras Drive, Freeport, IL 61032 which serves business, individuals and the agriculture community in Northwest Illinois.
©Law Offices of Ralph E. Elliott, A Professional Corporation 2011.
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