Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 949 - SMOKE FREE ILLINOIS CODE › Section 949.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Smoke Free Illinois Act [410 ILCS 82 ].
"
Bar" means 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% of its gross revenue from the sale of food
				consumed on the premises. "Bar" includes, but is not limited to, taverns,
				nightclubs, cocktail lounges,
brew pubs, saloons, microbreweries,
				sports bars,
adult entertainment facilities, and cabarets.
(Section 10 of the Act)
"Clear and conspicuous" means that signage is designed so that
				letters, numbers and symbols are of sufficient size to be clearly legible and
				visible to an individual who is not visually impaired from a distance of 10
				feet.
"Complaint" means a written or oral report of an alleged
				violation of the Act or this Part.
"Department" means the Department of Public
				Health.
(Section 10 of the Act)
"Drift" means the physical movement of smoke, regardless of
				cause, into any area where smoking is prohibited.
"Employee" means a person who is employed by an
				employer in consideration for direct or indirect monetary wages or
				profits,
including, but not limited to, an independent contractor,
or
a person who volunteers his or her services for a
				non-profit entity.
(Section 10 of the Act)
"Employer" means a person, business, partnership,
				association, or corporation, including a municipal corporation, trust, or
				non-profit entity, that employs the services of one or more individual
				persons.
(Section 10 of the Act)
"Enforcing agency" means State-certified local public health
				departments and local law enforcement agencies.
"Enclosed area"
or "indoors"
means all
				space between a floor and a ceiling that is enclosed or partially enclosed
				with:
solid walls or windows, exclusive of doorways;
				or
solid walls with partitions and no windows, exclusive
				of doorways, that extend from the floor to the ceiling, including, without
				limitation, lobbies and corridors.
(Section 10 of the Act)
A wall includes any retractable divider, removable wrapping or
				other physical barrier added to a wall, regardless of size, whether temporary
				or permanent, and whether the wall contains windows or other openings of any
				kind, size or number.
"Local law enforcement agency" means:
police department of a city, town, village or other
				incorporated area;
sheriff's department; or
special jurisdictions that provide police services for defined
				entities or areas, including, but not limited to, parks, universities, schools,
				or transportation resources, such as airports, subways, etc.
"Place of employment" means any area under the control
				of a public or private employer that employees are required to enter, leave, or
				pass through during the course of employment, including, but not limited to,
				entrances and exits to places of employment, including a minimum distance, as
				set forth in Section 70 of
the
Act, of 15 feet from entrances,
				exits, windows that open, and ventilation intakes that serve an enclosed area
				where smoking is prohibited; offices and work areas; restrooms; conference and
				classrooms; break rooms and cafeterias; and other common areas. A private
				residence
or home-based business, unless used to provide
				licensed child care, foster care, adult
day
care, or other
				similar social services care on the premises, is not a "place of
				employment".
(Section 10 of the Act)
"
Public place" means that portion of any building or
				vehicle used by and open to the public, regardless of whether the building or
				vehicle is owned in whole or in part by private persons or entities, the State
				of Illinois, or any other public entity, and regardless of whether a fee is
				charged for admission, including a minimum distance, as set forth in Section 70
				of
the
Act, of 15 feet from entrances, exits, windows that
				open, and ventilation intakes that serve an enclosed area where smoking is
				prohibited. A "public place" does not include a private residence unless the
				private residence is used to provide licensed child care, foster care, or other
				similar social service care on the premises. "Public place" includes, but is
				not limited to, hospitals, restaurants, retail stores, offices, commercial
				establishments, elevators, indoor theatres, libraries, museums, concert halls,
				public conveyances, educational facilities, nursing homes, auditoriums,
				enclosed or partially enclosed sports arenas, meeting rooms, schools,
				exhibition halls, convention facilities, polling places, private clubs, gaming
				facilities, all government owned vehicles and facilities, including buildings
				and vehicles owned, leased, or operated by the State or State subcontract,
				healthcare facilities or clinics, enclosed shopping centers, retail service
				establishments, financial institutions, educational facilities, ticket areas,
				public hearing facilities, public restrooms, waiting areas, lobbies, bars,
				taverns, bowling alleys, skating rinks, reception areas,
places of
				worship,
and no less than 75% of the sleeping quarters within a hotel,
				motel, resort, inn, lodge, bed and breakfast, or other similar public
				accommodation that are rented to guests, but excludes private
				residences.
(Section 10 of the Act)
"Restaurant" means 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. "Restaurant" includes a bar
				area within the restaurant.
(Section 10 of the Act)
"Smoke" or "smoking" means the carrying, smoking,
				burning, inhaling or exhaling of any kind of lighted pipe, cigar, cigarette,
				hookah, weed, herbs, or any other lighted smoking equipment
or smoked
				product
.
(Section 10 of the Act)
"State-certified local public health department" means a local
				health department that is certified under the Certified Local Health Department
				Code.