Illinois

Clean Indoor Air

Public Places

No person shall smoke in a public place or in any place of employment, including restaurants, bars and casinos or within 15 feet of any entrance, exit, window that opens or ventilation intake serving a public place or place of employment. See the definitions of public place and place of employment in the statutes cited below for more details on locations covered. Smoking is still allowed in: 1) 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; 2) retail tobacco stores as defined; 3) private and semi-private rooms in nursing homes and long-term care facilities under specified conditions; and 4) up to 25 percent of hotel/motel rooms subject to certain conditions.

410 ILL. COMP. STAT. 82/1 et seq. (2008).

Any home-rule unit of local government, any non-home rule municipality or any non-home rule county within the unincorporated territory of the county in this state may regulate smoking in public places, but that regulation must be no less restrictive than state law. In addition, any home rule unit of local government, any non-home rule municipality, or any non-home rule county within the unincorporated territory of the county may regulate smoking in any enclosed indoor area used by the public or serving as a place of work if the area does not fall within the definition of a “public place” under state law.

410 ILL. COMP. STAT. 82/65 (2008).

Government Buildings

Smoking is prohibited in public places, the definition of which includes places open to the public owned by the state of Illinois or any public entity. Smoking is also prohibited in places of employment, the definition of which includes all public places of employment. For the above, smoking is also prohibited within 15 feet of entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. No person may smoke in any vehicle owned, leased, or operated by the state or a political subdivision of the state.

410 ILL. COMP. STAT. 82/1 et seq. (2008).

Private Workplaces

Smoking is prohibited in all places of employment as defined, 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. A private residence or home-based business, unless used to provide licensed child care, foster care, adult care, or other similar social service care on the premises, is not a “place of employment”.

410 ILL. COMP. STAT. 82/1 et seq. (2008).

Schools

Each school board and Board of Education in cities of over 500,000 people shall prohibit the use of tobacco on school property by any school personnel, student or other person when such property is being used for any school purposes. The school board may not authorize or permit any exception to the prohibition at any place or at any time, including without limitation outside of school buildings or before or after the regular school day. “School purposes” include but are not limited to, all events, activities or other use of school property that are authorized by school officials including all interscholastic or extracurricular athletic, academic or other sponsored events in which pupils participate.

105 ILL. COMP. STAT. 5/10-20.5b & 5/34-18.11 (1995).

To the extent not covered in the law above, smoking is prohibited in educational facilities. Smoking is also specifically prohibited in any portion of the living quarters, including, but not limited to, sleeping rooms, dining areas, restrooms, laundry areas, lobbies, and hallways, of a building used in whole or in part as a student dormitory that is owned and operated or otherwise utilized by a public or private institution of higher education.

410 ILL. COMP. STAT. 82/1 et seq. (2008).

Child Care Centers

Smoking tobacco products is prohibited in any area of an operating child care center regardless of whether children are present. Smoking tobacco products is prohibited in any area of a day care home, or group day care home in which daycare services are being provided, while those children are present. This does not prohibit smoking in the home in the presence of a person’s own children or of children to whom day care services are not then being provided. Violation is a Class A misdemeanor and in case of an association or corporation, imprisonment may be imposed upon its officers who knowingly participated in the violation. It is a violation if any person responsible for the operation of a day care center, day care home, or group day care home knowingly allows or encourages any violation.

225 ILL. COMP. STAT. 10/5.5 (1994) & 10/18 (1984).

Smoking is prohibited in public places and places of employment, including child care facilities. This specifically includes private residences or home-based businesses that provide licensed child care, foster care, adult care or other similar social service care on the premises.

410 ILL. COMP. STAT. 82/1 et seq. (2008).

Health Facilities

Smoking is prohibited in public places the definition of which includes hospitals, nursing homes and other healthcare facilities and clinics as defined. Smoking is still allowed in private and semi-private rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed or to remain in a room where smoking is permitted and the smoke shall not infiltrate other areas of the nursing home.

410 ILL. COMP. STAT. 82/1 et seq. (2008).

Patients, individuals who accompany a patient, and emergency medical services personnel may not smoke while inside an ambulance or SEMSV. The Department of Public Health may impose a civil penalty on an individual who violates this subsection in the amount of $100.

210 ILL. COMP. STAT. 50/3.155 (2001).

Restaurants

Restaurants: Smoking is prohibited in restaurants. Restaurant is defined as 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 a kitchen or catering facility in which food is prepared on the premises for serving elsewhere. The definition specifically includes a bar area within a restaurant.

410 ILL. COMP. STAT. 82/1 et seq. (2008).

Bars: Smoking is prohibited bars/taverns. Bar is defined as an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than 10 percent of its gross revenue from the sale of food consumed on the premises. “Bar” includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.

410 ILL. COMP. STAT. 82/1 et seq. (2008).

Penalties/Enforcement

“No Smoking” signs or the international “No Smoking” symbol shall be clearly and conspicuously posted in each public place and place of employment where smoking is prohibited. A person who smokes in an area where smoking is prohibited shall be fined in an amount that is not less than $100 and not more than $250. A person who owns, operates, or otherwise controls a public place or place of employment and allows smoking to occur shall be fined not less than $250 for the first violation, not less than $500 for the second violation within one year after the first violation and not less than $2,500 for each additional violation within one year after the first violation. Each day a violation occurs is a separate offense. The state Department of Health, state-certified local public health departments and local law enforcement agencies shall enforce the provisions of this act and may assess the fines above. A telephone number will be established to report violations. An action may be instituted in circuit court to enjoin repeated violations.

410 ILL. COMP. STAT. 82/20, 82/40, 82/45 & 82/50 (2008).

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: 98 cents

Date last changed: July 1, 2002 — from 58 cents to 98 cents

Year first enacted: 1941

35 ILL. COMP. STAT. 130/2 (2002).

Other Tobacco Products

All other tobacco products: 18% of the wholesale purchase price

35 ILL. COMP. STAT. 143/10-10 (1995).

All the revenue from the excise tax on other tobacco products goes to the Long-Term Care Provider Fund of the State Treasury.

35 ILL. COMP. STAT. 143/10-10 (1995).

Revenue Collected

$602,377,000

Youth Access

Compliance/Enforcement

The Illinois Liquor Control Commission is designated as the agency responsible for complying with federal regulations regarding sales of tobacco products to minors. The commission created the Kids Can’t Buy ‘Em Here (KCBEH) Campaign to help fulfill this duty. One million in grants are awarded to some, but not all communities each year for retailer education and to perform tobacco compliance checks on retailers.

Illinois Liquor Control Commission KCBEH Campaign website (2008).

As part of the contract for the KCBEH program, grant recipients are required to conduct three rounds of compliance checks on each tobacco retailer and to employ youth workers ages 15-17 years old in the compliance checks among other requirements.

Illinois Liquor Control Commission KCBEH Campaign Program Assurances (2007).

Penalties for Sales to Minors

No person shall sell, buy for, distribute samples of or furnish tobacco in any form to a minor. Violators are guilty of a petty offense and shall be fined $200 for the first offense, $400 for the second offense in a 12-month period and $600 for subsequent offenses within a 12-month period.

720 IL COMP. STAT. 675/1 et seq. (2009).

No person shall knowingly sell, deliver or give away cigarette papers or other tobacco accessories to minors. No person shall knowingly offer, sell, barter, exchange, deliver or give away cigarette paper except from premises or an establishment where other tobacco products are sold. Violators shall be guilty of a Class C misdemeanor.

720 ILL. COMP. STAT. 685/1 et seq. (2001).

Penalties to Minors

No minor under 18 years of age shall buy tobacco in any of its forms, or in the furtherance or facilitation of obtaining any cigar, onlinr cigarette, smokeless tobacco, or tobacco in any of its forms display or use a false or forged identification card or transfer, alter, or deface an identification card. Violators are guilty of a petty offense and shall be fined $200 for the first offense, $400 for the second offense within a 12-month period and $600 for subsequent offenses within a 12-month period.

720 ILL. COMP. STAT. 675/1 (a)&(a-6) (2009) and 675/2 (1993).

No minor under 16 years of age may sell any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms at a retail establishment selling tobacco products. This does not apply to a sales clerk in a family-owned business which can prove that the sales clerk is in fact a son or daughter of the owner. Violators are guilty of a petty offense and shall be fined $200 for the first offense, $400 for the second offense within a 12-month period and $600 for subsequent offenses within a 12-month period.

720 ILL. COMP. STAT. 675/1(a-5) (2005) and 675/2 (1993).

Any minor who uses false or forged identification to obtain cigarette papers or other tobacco accessories shall be guilty of a Class C misdemeanor.

720 ILL. COMP. STAT. 685/1 et seq. (2001).

Placement of Tobacco Products

All single packs of cigarettes must be sold from behind the counter, in an age restricted area or in a sealed display case. Any other tobacco products must be sold in the line of sight, which means visible to a cashier or other employee. These restrictions do not apply to a retail tobacco store that derives 90 percent of its revenue from tobacco and tobacco related products, does not allow people under 18 to enter the premises unless accompanied by a parent or legal guardian and posts a sign on the main entrance stating that persons under the age of 18 are prohibited from entering unless accompanied by a parent or legal guardian. Violation is a petty offense subject to a fine of $100 to $1,000.

720 ILL. COMP. STAT. 677/1 et seq. (2005).

Sign Posting

No person may sell or offer to sell cigarettes at retail unless a sign with the message: “SURGEON GENERAL’S WARNING: SMOKING BY PREGNANT WOMEN MAY RESULT IN FETAL INJURY, PREMATURE BIRTH, AND LOW BIRTH WEIGHT” printed on white cards in red letters at least one-half inch in height, is posted in a conspicuous place upon the premises. Failure to post such a warning sign is a business offense for which a fine of up to $1,000 each day may be imposed.

410 ILL. COMP. STAT. 85/1 et seq. (1991).

Any place of business where tobacco accessories are sold shall conspicuously post a sign warning that the sale of tobacco accessories to minors or minors misrepresenting their age to procure such a sale is prohibited by law. Violation is a Class C misdemeanor.

720 ILL. COMP. STAT. 685/1 et seq. (2001).

Bidis

No person shall knowingly sell, barter, exchange, deliver, or give away a bidi cigarette to another person, or shall a person cause or permit or procure a bidi cigarette to be sold, bartered, exchanged, delivered, or given away to another person. Violation is a petty offense for which the offender may be fined for a first offense up to $500, for a second offense within a two-year period not less than $250 and not more than $500 and for a third or subsequent offense within a two-year period not less than $500 and not more than $1,000.

720 ILL. COMP. STAT. 685/4 (a-5) & 685/5 (2001).

Other Provisions

Internet Sales: It is unlawful for any person engaged in the business of selling cigarettes to ship or cause to be shipped any cigarettes in this state unless the person shipping the cigarettes is licensed as a distributor or the person delivers the cigarettes to a licensed distributor; or ships them to an export warehouse proprietor or an operator of a customs bonded warehouse. A common or contract carrier may transport cigarettes to any individual person in this state only if the carrier reasonably believes such cigarettes have been received from a person who is licensed as a distributor. A common or contract carrier may not complete the delivery of any cigarettes unless the purchaser displays a government-issued identification that shows the person is at least 18, and signs a written statement certifying the purchaser’s address and age. First violation is a Class A misdemeanor and the Illinois Department of Revenue shall impose a civil penalty of $5,000. Second and subsequent violations are a Class Four felony and a civil penalty of $5,000 for each violation.

720 ILL. COMP. STAT. 678/1 et seq. (2004).

Note: Some parts of this law may be affected by the U.S. Supreme Court decision in Rowe v. New Hampshire Motor Transport Association, decided February 20, 2008.

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes

Samples

No person shall distribute samples of tobacco products without charge or at nominal cost to anyone under 18 years of age. Violators are guilty of a petty offense and shall be fined $200 for the first offense, $400 for the second offense within a 12-month period and $600 for subsequent offenses within a 12-month period.

720 ILL. COMP. STAT. 675/1 et seq. (2009).

Single Cigarettes

The sale or distribution by any person of a tobacco product, including but not limited to a single or loose cigarette, that is not contained within a sealed container, pack, or package as provided by the manufacturer, which bears the health warning required by federal law, is prohibited. Violation is subject to a fine of $200 for a first offense, $400 for a second offense within 12 months, and $600 for the third and subsequent offenses within 12 months.

720 ILL. COMP. STAT. 675/1(d) (2009) and 675/2 (1993).

It is unlawful for any person to sell or distribute in this state; to acquire, hold, own, possess, or transport, for sale or distribution in this state; or to import, or cause to be imported into this state for sale or distribution in this state any cigarettes the package of which does not comply with all requirements imposed by or pursuant to federal law regarding warnings and other information on packages of cigarettes manufactured, packaged, or imported for sale, distribution, or use in the United States, including but not limited to the precise warning labels specified in the federal Cigarette Labeling and Advertising Act. Violation is subject to a civil penalty of 500 percent of the retail value of the cigarettes involved or $5,000, whichever is greater. A distributor who violates this provision may also have his license suspended or revoked.

35 ILL. COMP. STAT. 130/3-10 (2000).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

Tobacco product vending machines are restricted to: places to which minors under 18 years of age are not permitted access; places where alcoholic beverages are sold and consumed on the premises and vending machine operation is under the direct supervision of the owner or manager; or, places where the vending machine can only be operated by the owner or an employee over age 18 either directly or through a remote control device if the device is inaccessible to all customers. Other products except matches may not be sold in tobacco product vending machines. Selling cigarettes from a “lunch wagon” within 1,000 feet of public or private elementary or secondary school grounds at no cost is also prohibited.

720 ILL. COMP. STAT. 675/1(b)&(c) (2009).

Penalty

Violation is subject to a fine of $200 for a first offense, $400 for a second offense within 12 months, and $600 for the third and subsequent offenses within 12 months.

720 ILL. COMP. STAT. 675/2 (1993).

Sign Posting

No person may sell cigarettes at retail using a cigarette vending machine unless a sign with the message “SURGEON GENERAL’S WARNING: SMOKING BY PREGNANT WOMEN MAY RESULT IN FETAL INJURY, PREMATURE BIRTH, AND LOW BIRTH WEIGHT” printed on a white card in red letters at least one-half inch in height, is displayed in plain view on the machine. Failure to post such a warning sign is a business offense for which a fine of up to $1,000 each day may be imposed.

410 ILL. COMP. STAT. 85/1 et seq. (2001).

Licensing Requirements

Requirements

Distributors must obtain a license from the Department of Revenue to sell cigarettes and other tobacco products. All licenses are valid for one year from the date of issuance unless suspended or revoked.

35 ILL. COMP. STAT. 130/4 & 143/10-20 (2002).

Fee

$250 annually for cigarettes; no charge for other tobacco products.

35 ILL. COMP. STAT. 130/4 & 142/10-20 (2002).

Smoker Protection Laws

It shall be unlawful for an employer to refuse to hire or to discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because the individual uses lawful products off the premises of the employer during nonworking hours. This does not apply to any employer that is a non-profit organization that, as one of its primary purposes or objectives, discourages the use of one or more lawful products by the general public; or to the use of those lawful products which impairs an employee’s ability to perform the employee’s assigned duties. It is also not a violation for an employer to offer, impose or have in effect a health, disability or life insurance policy that makes distinctions between employees for the type of coverage or the price of coverage based upon the employees’ use of lawful products provided that differential premium rates charged employees reflect a differential cost to the employer; and employers provide employees with a statement delineating the differential rates used by insurance carriers.

820 ILL. COMP. STAT. 55/5 (1987).

Advertising and Promotion

All outdoor billboard advertisements for smokeless tobacco shall bear one of the following statements in capital letters: “WARNING: THIS PRODUCT MAY CAUSE MOUTH CANCER. WARNING: THIS PRODUCT MAY CAUSE GUM DISEASE AND TOOTH LOSS. WARNING: THIS PRODUCT IS NOT A SAFE ALTERNATIVE TO CIGARETTES.” The manufacturer, packager or importer of the product shall rotate the warnings every four months. Any outdoor billboard advertisement that does not conform to these provisions shall be deemed a nuisance affecting the public health. No other warning, format or type style in any outdoor billboard advertisement shall be required by any state or local statute or regulation.

410 ILL. COMP. STAT. 75/2 (1987).

Tobacco Settlement

Tobacco Control Appropriations

Illinois allocated $8,500,000 for tobacco prevention and cessation programs for FY2009 (July 1, 2008 to June 30, 2009) from the state’s annual MSA payment. The same amount was appropriated in FY2008.

FY2009 Annual Budget (S.B. 1102) enacted and effective 7/9/08.

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