Smoke Free Illinois Act

Prohibits Smoking inside any Public Place or Place of Employment

Author: Family Health Services Staff/Saturday, June 27, 2015/Categories: Tobacco Control and Prevention, Health Promotion and Education

Rate this article:
No rating

The Smoke Free Illinois Act, enacted on January 1, 2008, and amended on February 4, 2009, prohibits smoking in public places or places of employment.

·         This means places where employees are required to enter, leave, or pass through during the course of employment.

·         This includes but is not limited to bars, banquet halls, bowling alleys, casinos, churches, dormitories, offices, prisons, private clubs (including Elks, Moose, and VFW lodges), restaurants, and sports arenas.

·         This law applies to all municipalities and unincorporated areas in the State of Illinois.

Smoking is prohibited within 15 feet of any entrance, exit, window, and ventilation intake.

No person may smoke in any vehicle owned, leased, or operated by the State or a political subdivision of the State.

Ashtrays must be removed from all areas where smoking is prohibited.

Exemptions where smoking is allowed include:

·         Private residences

o    The home must be smoke-free when used as a child care, adult day care, health care facility, or any other home-based business open to the public.

·         Retail Tobacco Stores

o    More than 80% of income comes from the sale of tobacco products and smoking devices and does not have a liquor, food, or restaurant license.

o    Shops that have opened or moved to a new location after January 1, 2008 must be located in a standalone building to allow smoking. Shops that have opened after January 1, 2008 that are located in a strip mall must be smoke-free.

·         Private and semi-private rooms in nursing homes and long-term care facilities.

·         Common smoking rooms in long-term care facilities operated under the authority of the IL Dept. of Veterans’ Affairs.

·         Not more than 25% of hotel/motel rooms can be designated as rooms where smoking is allowed.


No smoking signs are required to be posted at all entrances and exits of public places.

·         Contact the Will County Health Department at (815) 727-8769 to receive signs, FREE of charge.


Any person, corporation, partnership, association, or other entity violating the no smoking provisions of the Act may be fined by one of the enforcement agencies.  Each day that a violation occurs is a separate violation. 

§  A person who smokes in a prohibited area shall be fined $100 for the first offense and $250 for each subsequent offense.

§  A person who owns, operates, or otherwise controls a public place or place of employment that violates the Act 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.


Report violations to:

1 (866) 973-4646 or online at

TTY (800) 547-0466 (hearing impaired use only)

Smoke Free Illinois Code

The Smoke Free Illinois Code, effective August 14, 2015, provides clarifications on definitions and complaint and enforcement procedures in the Smoke Free Illinois Act. These supplemental rules clarify the law and expand the procedures mentioned in the law.


Will County Health Department Tobacco Control & Prevention Program Responsibilities

—  Provide education on the Smoke Free Illinois Act to the community

—  Follow-up on all smoking complaints and violations occurring in Will County

—  Complete compliance checks at violating businesses

—  Assist municipalities with indoor smoking complaints and other tobacco related issues

—  Provide technical assistance with developing a smoke-free or tobacco-free campus policy


Technical Assistance

For additional signage or technical assistance, a Smoke Free Illinois Act Materials Request Form can be found in the Documents to Download section below.


For more information:

—  Will County Tobacco Control & Prevention:

—  Illinois Department of Public Health:

—  Smoke-Free Illinois:

—  Smoke Free Illinois Act (in entirety):

—  Smoke Free Illinois Code (pages 149-157):

—  Americans for Nonsmokers Rights:


For questions, please contact the Will County Health Department Tobacco Control & Prevention Program at (815) 727-8769.

Number of views (14145)/Comments (0)

Family Health Services Staff

Family Health Services Staff

Family Health Services

Family Health Services

The Family Health Services Team strives to improve the quality of life by promoting health and preventing illness through education and exceptional client-centered services to the diverse community of Will County.

Documents to download

Programs & Services