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Smoking Regulations in Illinois

Illinois is the 22nd state to have a ban on smoking in public.[i]  § 410 ILCS 82/15 of the Illinois Compiled Statutes prohibits smoking in public places, places of employment, and governmental vehicles.  No person is allowed to smoke 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 and no person is allowed to smoke in any vehicle owned, leased, or operated by the State.  An owner shall also assure that smoking is prohibited in indoor public places and workplaces unless specifically exempted. [ii]

Under the laws of Illinois, smoking is prohibited in student dormitories including living quarters, sleeping rooms, dining areas, restrooms, laundry areas, lobbies, and hallways, of a building used in whole or in part as a student dormitory utilized by a public or private institution of higher education.[iii] 

Smoking is however permitted in private residences or dwelling places, except when used as a child care, adult day care, or healthcare facility or any other home-based business open to the public.[iv]  Smoking is also generally permitted in retail tobacco store[v], private and semi-private rooms in nursing homes and long-term care facilities[vi], and in hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms, provided that all smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into nonsmoking rooms or other areas where smoking is prohibited. Not more than 25% of the rooms rented to guests in a hotel or motel may be designated as rooms where smoking is allowed. The status of rooms as smoking or nonsmoking may not be changed, except to permanently add additional nonsmoking rooms.[vii]

The law of Illinois mandates that a “No Smoking” signs or the international “No Smoking” symbol be clearly and conspicuously posted in each public place and place of employment where smoking is prohibited by the owner, operator, manager, or other person in control of that place.[viii]  The places where smoking is prohibited shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.[ix]  The owner, operator, manager, or other person having control of the area where smoking is prohibited shall also remove all ashtrays from the place.[x]

Any person, corporation, partnership, association or other entity who violates the regulations relating to smoking in public places, places of employment, and governmental vehicles is liable to be fined.[xi] The law considers each day that a violation occurs as a separate violation.  A person who smokes in an area where smoking is prohibited under shall be fined in an amount that is $ 100 for a first offense and $ 250 for each subsequent offense.[xii]  The owner or the person in charge of the public place or place of employment where the smoking regulation is not followed shall be fined $ 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.[xiii]

Chapter 410 of the Illinois Compiled Statutes Annotated contains the Indoor Air Quality Act.[xiv]  These guidelines were developed to ensure the health and safety of the people of Illinois.[xv]

[i] http://www.illinois.gov/pressreleases/ShowPressRelease.cfm?SubjectID=2&RecNum=6105

[ii] 410 ILCS 82/15

[iii] 410 ILCS 82/25

[iv] 410 ILCS 82/35(1)

[v] 410 ILCS 82/35(2)

[vi] 410 ILCS 82/35(3)

[vii] 410 ILCS 82/35(4)

[viii] 410 ILCS 82/20(a)

[ix] 410 ILCS 82/20(b)

[x] 410 ILCS 82/20(c)

[xi] 410 ILCS 82/45(a)

[xii]410 ILCS 82/45(b)

[xiii] Id.

[xiv] 410 ILCS 87/1

[xv] 410 ILCS 87/5

Inside Smoking Regulations in Illinois