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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Smoke Free Illinois Act is amended by
5changing Section 10 as follows:
6    (410 ILCS 82/10)
7    Sec. 10. Definitions. In this Act:
8    "Bar" means an establishment that is devoted to the serving
9of alcoholic beverages for consumption by guests on the
10premises and that derives no more than 10% of its gross revenue
11from the sale of food consumed on the premises. "Bar" includes,
12but is not limited to, taverns, nightclubs, cocktail lounges,
13adult entertainment facilities, and cabarets.
14    "Department" means the Department of Public Health.
15    "Electronic cigarette" means:
16        (1) any device that employs a battery or other
17    mechanism to heat a solution or substance to produce a
18    vapor or aerosol intended for inhalation;
19        (2) any cartridge or container of a solution or
20    substance intended to be used with or in the device or to
21    refill the device; or
22        (3) any solution or substance, whether or not it
23    contains nicotine intended for use in the device.



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1"Electronic cigarette" includes, but is not limited to, any
2electronic nicotine delivery system, electronic cigar,
3electronic cigarillo, electronic pipe, electronic hookah, vape
4pen, or similar product or device, and any components or parts
5that can be used to build the product or device. "Electronic
6cigarette" excludes cigarettes as defined in Section 1 of the
7Cigarette Tax Act and tobacco products as defined in Section
810-5 of the Tobacco Products Tax Act of 1995; alternative
9nicotine products as defined in this Section; products approved
10by the United States Food and Drug Administration for sale as
11tobacco cessation products, as tobacco dependence products, or
12for other medical purposes, and marketed and sold solely for
13that approved purpose; asthma inhalers prescribed by a
14physician for that condition and marketed and sold solely for
15that approved purpose; and therapeutic products approved for
16use under the Compassionate Use of Medical Cannabis Pilot
17Program Act.
18    "Employee" means a person who is employed by an employer in
19consideration for direct or indirect monetary wages or profits
20or a person who volunteers his or her services for a non-profit
22    "Employer" means a person, business, partnership,
23association, or corporation, including a municipal
24corporation, trust, or non-profit entity, that employs the
25services of one or more individual persons.
26    "Enclosed area" means all space between a floor and a



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1ceiling that is enclosed or partially enclosed with (i) solid
2walls or windows, exclusive of doorways, or (ii) solid walls
3with partitions and no windows, exclusive of doorways, that
4extend from the floor to the ceiling, including, without
5limitation, lobbies and corridors.
6    "Enclosed or partially enclosed sports arena" means any
7sports pavilion, stadium, gymnasium, health spa, boxing arena,
8swimming pool, roller rink, ice rink, bowling alley, or other
9similar place where members of the general public assemble to
10engage in physical exercise or participate in athletic
11competitions or recreational activities or to witness sports,
12cultural, recreational, or other events.
13    "Gaming equipment or supplies" means gaming
14equipment/supplies as defined in the Illinois Gaming Board
15Rules of the Illinois Administrative Code.
16    "Gaming facility" means an establishment utilized
17primarily for the purposes of gaming and where gaming equipment
18or supplies are operated for the purposes of accruing business
20    "Healthcare facility" means an office or institution
21providing care or treatment of diseases, whether physical,
22mental, or emotional, or other medical, physiological, or
23psychological conditions, including, but not limited to,
24hospitals, rehabilitation hospitals, weight control clinics,
25nursing homes, homes for the aging or chronically ill,
26laboratories, and offices of surgeons, chiropractors, physical



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1therapists, physicians, dentists, and all specialists within
2these professions. "Healthcare facility" includes all waiting
3rooms, hallways, private rooms, semiprivate rooms, and wards
4within healthcare facilities.
5    "Nicotine" means any form of chemical nicotine, including
6any salt or complex, regardless of whether the chemical is
7naturally or synthetically derived.
8    "Place of employment" means any area under the control of a
9public or private employer that employees are required to
10enter, leave, or pass through during the course of employment,
11including, but not limited to entrances and exits to places of
12employment, including a minimum distance, as set forth in
13Section 70 of this Act, of 15 feet from entrances, exits,
14windows that open, and ventilation intakes that serve an
15enclosed area where smoking is prohibited; offices and work
16areas; restrooms; conference and classrooms; break rooms and
17cafeterias; and other common areas. A private residence or
18home-based business, unless used to provide licensed child
19care, foster care, adult care, or other similar social service
20care on the premises, is not a "place of employment", nor are
21enclosed laboratories, not open to the public, in an accredited
22university or government facility where the activity of smoking
23is exclusively conducted for the purpose of medical or
24scientific health-related research. Rulemaking authority to
25implement this amendatory Act of the 95th General Assembly, if
26any, is conditioned on the rules being adopted in accordance



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1with all provisions of the Illinois Administrative Procedure
2Act and all rules and procedures of the Joint Committee on
3Administrative Rules; any purported rule not so adopted, for
4whatever reason, is unauthorized.
5    "Private club" means a not-for-profit association that (1)
6has been in active and continuous existence for at least 3
7years prior to the effective date of this amendatory Act of the
895th General Assembly, whether incorporated or not, (2) is the
9owner, lessee, or occupant of a building or portion thereof
10used exclusively for club purposes at all times, (3) is
11operated solely for a recreational, fraternal, social,
12patriotic, political, benevolent, or athletic purpose, but not
13for pecuniary gain, and (4) only sells alcoholic beverages
14incidental to its operation. For purposes of this definition,
15"private club" means an organization that is managed by a board
16of directors, executive committee, or similar body chosen by
17the members at an annual meeting, has established bylaws, a
18constitution, or both to govern its activities, and has been
19granted an exemption from the payment of federal income tax as
20a club under 26 U.S.C. 501.
21    "Private residence" means the part of a structure used as a
22dwelling, including, without limitation: a private home,
23townhouse, condominium, apartment, mobile home, vacation home,
24cabin, or cottage. For the purposes of this definition, a
25hotel, motel, inn, resort, lodge, bed and breakfast or other
26similar public accommodation, hospital, nursing home, or



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1assisted living facility shall not be considered a private
3    "Public place" means that portion of any building or
4vehicle used by and open to the public, regardless of whether
5the building or vehicle is owned in whole or in part by private
6persons or entities, the State of Illinois, or any other public
7entity and regardless of whether a fee is charged for
8admission, including a minimum distance, as set forth in
9Section 70 of this Act, of 15 feet from entrances, exits,
10windows that open, and ventilation intakes that serve an
11enclosed area where smoking is prohibited. A "public place"
12does not include a private residence unless the private
13residence is used to provide licensed child care, foster care,
14or other similar social service care on the premises. A "public
15place" includes, but is not limited to, hospitals, restaurants,
16retail stores, offices, commercial establishments, elevators,
17indoor theaters, libraries, museums, concert halls, public
18conveyances, educational facilities, nursing homes,
19auditoriums, enclosed or partially enclosed sports arenas,
20meeting rooms, schools, exhibition halls, convention
21facilities, polling places, private clubs, gaming facilities,
22all government owned vehicles and facilities, including
23buildings and vehicles owned, leased, or operated by the State
24or State subcontract, healthcare facilities or clinics,
25enclosed shopping centers, retail service establishments,
26financial institutions, educational facilities, ticket areas,



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1public hearing facilities, public restrooms, waiting areas,
2lobbies, bars, taverns, bowling alleys, skating rinks,
3reception areas, and no less than 75% of the sleeping quarters
4within a hotel, motel, resort, inn, lodge, bed and breakfast,
5or other similar public accommodation that are rented to
6guests, but excludes private residences.
7    "Restaurant" means (i) an eating establishment, including,
8but not limited to, coffee shops, cafeterias, sandwich stands,
9and private and public school cafeterias, that gives or offers
10for sale food to the public, guests, or employees, and (ii) a
11kitchen or catering facility in which food is prepared on the
12premises for serving elsewhere. "Restaurant" includes a bar
13area within the restaurant.
14    "Retail tobacco store" means a retail establishment that
15derives more than 80% of its gross revenue from the sale of
16loose tobacco, plants, or herbs and cigars, cigarettes, pipes,
17and other smoking devices for burning tobacco and related
18smoking accessories and in which the sale of other products is
19merely incidental. "Retail tobacco store" includes an enclosed
20workplace that manufactures, imports, or distributes tobacco
21or tobacco products, when, as a necessary and integral part of
22the process of making, manufacturing, importing, or
23distributing a tobacco product for the eventual retail sale of
24that tobacco or tobacco product, tobacco is heated, burned, or
25smoked, or a lighted tobacco product is tested, provided that
26the involved business entity: (1) maintains a specially



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1designated area or areas within the workplace for the purpose
2of the heating, burning, smoking, or lighting activities, and
3does not create a facility that permits smoking throughout; (2)
4satisfies the 80% requirement related to gross sales; and (3)
5delivers tobacco products to consumers, retail establishments,
6or other wholesale establishments as part of its business.
7"Retail tobacco store" does not include a tobacco department or
8section of a larger commercial establishment or any
9establishment with any type of liquor, food, or restaurant
10license. Rulemaking authority to implement this amendatory Act
11of the 95th General Assembly, if any, is conditioned on the
12rules being adopted in accordance with all provisions of the
13Illinois Administrative Procedure Act and all rules and
14procedures of the Joint Committee on Administrative Rules; any
15purported rule not so adopted, for whatever reason, is
17    "Smoke" or "smoking" means the carrying, smoking, burning,
18inhaling, or exhaling of any kind of lighted pipe, cigar,
19cigarette, hookah, weed, herbs, or any other lighted smoking
20equipment. "Smoke" or "smoking" includes the use of alternative
21nicotine products and electronic cigarettes, as defined in this
22Section. "Smoke" or "smoking" does not include smoking that is
23associated with a native recognized religious ceremony,
24ritual, or activity by American Indians that is in accordance
25with the federal American Indian Religious Freedom Act, 42
26U.S.C. 1996 and 1996a.



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1    "State agency" has the meaning formerly ascribed to it in
2subsection (a) of Section 3 of the Illinois Purchasing Act (now
4    "Tobacco product" means any product containing or made from
5tobacco that is intended for human consumption, whether smoked,
6heated, chewed, absorbed, dissolved, inhaled, snorted,
7sniffed, or ingested by any other means, including, but not
8limited to, cigarettes, cigars, little cigars, chewing
9tobacco, pipe tobacco, snuff, snus, and any other smokeless
10tobacco product which contains tobacco that is finely cut,
11ground, powdered, or leaf and intended to be placed in the oral
12cavity. "Tobacco product" includes any component, part, and
13accessory of a tobacco product, whether or not sold separately.
14"Tobacco product" excludes electronic cigarettes; alternative
15nicotine products; and products that have been approved by the
16United States Food and Drug Administration for sale as tobacco
17cessation products, as tobacco dependence products, or for
18other medical purposes, marketed and sold solely for that
19approved purpose.
20    "Unit of local government" has the meaning ascribed to it
21in Section 1 of Article VII of the Illinois Constitution of
23(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; 96-797,
24eff. 1-1-10.)
25    Section 99. Effective date. This Act takes effect January
261, 2020.