Illinois No Smoking Posters Required At Entrances to All Workplaces and Public Places
The Smoke Free Illinois Act (410 ILCS 82/) prohibits smoking in a public place or in any place of employment or within 15 feet of any entrance to a public place or place of employment, within 15 feet of schools, and in governmental vehicles. The Act requires Illinois No Smoking Posters to be posted at entrances to all public places and places of employment. The Act requires ashtrays be removed from any area where smoking is prohibited. The Act also provides that an owner shall reasonably assure that smoking is prohibited in indoor public places and workplaces.
Smoke Free Illinois Act Covered Locations
- Places of Employment – The Act defines “Place of employment” to mean any area under the control of a public or private employer that employees are required to enter, leave, or pass through during the course of employment, including, but not limited to entrances and exits to places of employment, including a minimum distance of 15 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; offices and work areas; restrooms; conference and classrooms; break rooms and cafeterias; and other common areas.
- Public Places – A “public place” includes, but is not limited to, hospitals, restaurants, retail stores, offices, commercial establishments, elevators, indoor theaters, libraries, museums, concert halls, public conveyances, educational facilities, nursing homes, auditoriums, enclosed or partially enclosed sports arenas, meeting rooms, schools, exhibition halls, convention facilities, polling places, private clubs, gaming facilities, all government owned vehicles and facilities, including buildings and vehicles owned, leased, or operated by the State or State subcontract, healthcare facilities or clinics, enclosed shopping centers, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, public restrooms, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, reception areas, and no less than 75% of the sleeping quarters within a hotel, motel, resort, inn, lodge, bed and breakfast, or other similar public accommodation that are rented to guests, but excludes private residences.
- Restaurants – “Restaurant” means (i) an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, that gives or offers for sale food to the public, guests, or employees, and (ii) a kitchen or catering facility in which food is prepared on the premises for serving elsewhere. “Restaurant” includes a bar area within the restaurant.
Violations and Penalties
State and local agencies may enforce the provisions of the Smoke Free Illinois Act by issuing citations and assessing fines. A person who smokes in an area where smoking is prohibited shall be fined in an amount that is $100 for a first offense and $250 for each subsequent offense. A person who owns, operates, or otherwise controls a public place or place of employment who fails to reasonably assure that smoking is prohibited or fails to post Illinois No Smoking Posters shall be fined (i) $250 for the first violation, (ii) $500 for the second violation within one year after the first violation, and (iii) $2,500 for each additional violation within one year after the first violation.