This summer or fall, ashtrays were slated to be extinguished from outdoor beer gardens, patios, decks, and rooftops where employees served patrons under new regulations by the Illinois Department of Public Health (DPH) to clarify the Smoke Free Illinois Act and Code.
However, the DPH has apparently changed its mind since the proposed rules were first published. The new regulations do not contain these additoins.
The new regulations, effective as of August 14th, 2015, now define an “enclosed area” in which smoking is prohibited (see the Smoke Free Illinois Code), but removed proposed provisions that would have prohibited smoking in outdoor areas such as patios, beer gardens, decks, rooftops and concession areas; and removed references to “self-service outdoor areas” (which, in the originally proposed rule, would have been the only outdoor restaurant or bar facilities in which smoking was permitted).
The new rules outline and clarify various aspects of the Act and the procedures for complaints and enforcement. Since January 2008, smoking has been prohibited in restaurants, bars and any enclosed area where food, beverages or both are prepared or served by employees under the Smoke Free Illinois Act (410 ILCS 82/1 et seq.) and the Smoke Free Illinois Code (77 Ill. Adm. Code 949).
There was an ambiguity (and still is?) as to whether that description included outdoor areas where employees served patrons, and since then Illinois lawmakers and public health administrators have been trying to clarify this issue.
The new Smoke Free Illinois regulation changes include:
- The definition of a “bar” is expanded to include “brew pubs, saloons, microbreweries and sports bars.”
- The definition of “drift” is added to mean “the physical movement of smoke, regardless of cause, into any area where smoking is prohibited.”
- Independent contractors are added to the statutory definition of an employee.
- Places of worship are added to the statutory definition of public place.
- Procedures for filing complaints with DPH or a State-certified local public health department alleging violations.
- The identity of complainants will be kept confidential unless the complainant agrees to disclosure.
- Enforcement shall be conducted by DPH, local public health departments and local law enforcement agencies.
- Persons or entities that receive a citation or notice of violation may request an administrative hearing from the agency that issued the citation or notice.
The City of Champaign, a home-rule municipality, does not regulate smoking in such outdoor service areas as well. See Champaign Code, Sec. 16-7, 16-8. Nevertheless, a business may create a smoke-free environment for customers beyond what the law and regulations require.
Lastly, it may be worth noting that the definition of “smoke” or “smoking” was not altered to include electronic vaping or e-cigarette use.