410 ILCS 82/10
**Update notice: This section has been amended by Public Act 96-797

  Sec. 10. Definitions. In this Act:

  "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, adult entertainment facilities, and cabarets.

  "Department" means the Department of Public Health.

  "Employee" means a person who is employed by an employer in consideration
for direct or indirect monetary wages or profits or a person who volunteers
his or her services for a non-profit entity.

  "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.

  "Enclosed area" means all space between a floor and a ceiling that is
enclosed or partially enclosed with (i) solid walls or windows, exclusive
of doorways, or (ii) solid walls with partitions and no windows, exclusive
of doorways, that extend from the floor to the ceiling, including, without
limitation, lobbies and corridors.

  "Enclosed or partially enclosed sports arena" means any sports pavilion,
stadium, gymnasium, health spa, boxing arena, swimming pool, roller rink,
ice rink, bowling alley, or other similar place where members of the
general public assemble to engage in physical exercise or participate in
athletic competitions or recreational activities or to witness sports,
cultural, recreational, or other events.

  "Gaming equipment or supplies" means gaming equipment/supplies as defined
in the Illinois Gaming Board Rules of the Illinois Administrative Code.

  "Gaming facility" means an establishment utilized primarily for the
purposes of gaming and where gaming equipment or supplies are operated for
the purposes of accruing business revenue.

  "Healthcare facility" means an office or institution providing care or
treatment of diseases, whether physical, mental, or emotional, or other
medical, physiological, or psychological conditions, including, but not
limited to, hospitals, rehabilitation hospitals, weight control clinics,
nursing homes, homes for the aging or chronically ill, laboratories, and
offices of surgeons, chiropractors, physical therapists, physicians,
dentists, and all specialists within these professions. "Healthcare
facility" includes all waiting rooms, hallways, private rooms, semiprivate
rooms, and wards within healthcare facilities.

  "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 this 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 care, or other similar social service care
on the premises, is not a "place of employment", nor are enclosed
laboratories, not open to the public, in an accredited university or
government facility where the activity of smoking is exclusively conducted
for the purpose of medical or scientific health-related research.
Rulemaking authority to implement this amendatory Act of the 95th General
Assembly, if any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure Act and all
rules and procedures of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is unauthorized.

  "Private club" means a not-for-profit association that (1) has been in
active and continuous existence for at least 3 years prior to the effective
date of this amendatory Act of the 95th General Assembly, whether
incorporated or not, (2) is the owner, lessee, or occupant of a building or
portion thereof used exclusively for club purposes at all times, (3) is
operated solely for a recreational, fraternal, social, patriotic,
political, benevolent, or athletic purpose, but not for pecuniary gain, and
(4) only sells alcoholic beverages incidental to its operation. For
purposes of this definition, "private club" means an organization that is
managed by a board of directors, executive committee, or similar body
chosen by the members at an annual meeting, has established bylaws, a
constitution, or both to govern its activities, and has been granted an
exemption from the payment of federal income tax as a club under
26 U.S.C. 501.

  "Private residence" means the part of a structure used as a dwelling,
including, without limitation: a private home, townhouse, condominium,
apartment, mobile home, vacation home, cabin, or cottage. For the purposes
of this definition, a hotel, motel, inn, resort, lodge, bed and breakfast
or other similar public accommodation, hospital, nursing home, or assisted
living facility shall not be considered a private residence.

  "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 this
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. A "public place" includes, but is not limited
to, hospitals, restaurants, retail stores, offices, commercial
establishments, elevators, indoor theaters, 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, 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.

  "Restaurant" means (i) 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 (ii) a kitchen or catering facility in which food
is prepared on the premises for serving elsewhere. "Restaurant" includes a
bar area within the restaurant.

  "Retail tobacco store" means a retail establishment that derives more
than 80% of its gross revenue from the sale of loose tobacco, plants, or
herbs and cigars, cigarettes, pipes, and other smoking devices for burning
tobacco and related smoking accessories and in which the sale of other
products is merely incidental. "Retail tobacco store" includes an enclosed
workplace that manufactures, imports, or distributes tobacco or tobacco
products, when, as a necessary and integral part of the process of making,
manufacturing, importing, or distributing a tobacco product for the
eventual retail sale of that tobacco or tobacco product, tobacco is heated,
burned, or smoked, or a lighted tobacco product is tested, provided that
the involved business entity: (1) maintains a specially designated area or
areas within the workplace for the purpose of the heating, burning,
smoking, or lighting activities, and does not create a facility that
permits smoking throughout; (2) satisfies the 80% requirement related to
gross sales; and (3) delivers tobacco products to consumers, retail
establishments, or other wholesale establishments as part of its business.
"Retail tobacco store" does not include a tobacco department or section of
a larger commercial establishment or any establishment with any type of
liquor, food, or restaurant license. Rulemaking authority to implement this
amendatory Act of the 95th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of the Illinois
Administrative Procedure Act and all rules and procedures of the Joint
Committee on Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.

  "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.

  "State agency" has the meaning formerly ascribed to it in subsection (a)
of Section 3 of the Illinois Purchasing Act (now repealed).

  "Unit of local government" has the meaning ascribed to it in Section 1 of
Article VII of the Illinois Constitution of 1970.

(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)