Rules Would Ban Smoking in Outdoor Patios and Beer Gardens
On
August 15, 2014 the Illinois Department of Public Health published proposed
regulations implementing the Smoke Free Illinois Act. 410 ILCS 82/1 et seq. The
primary focus of the proposed regulations is to restrict smoking in outdoor areas accessory to restaurants and bars.
Specifically, Section
949.30 provides as follows:
Smoking is prohibited in a restaurant, bar and any area where food, beverages or both are prepared or served by employees, including outdoor areas such as patios, beer gardens, decks or rooftops or concession areas....Smoking may be permitted in a self-service outdoor area where employees do not prepare or serve food or beverages and are not required to enter, leave or pass through during the course of employment.
The self-service outdoor area must be “at
least 15 feet away from entrances, exits, windows or ventilation and shall be designated
as a ‘self-service outdoor area where smoking is permitted’ using clear and
conspicuous signage.” The proposed regulations also prohibit smoking within
15 feet of, and the drifting of smoke through, entrances, exits, windows that
open and ventilation systems that serve enclosed areas where smoking is
prohibited under the Act.
Those
in opposition to the proposed rules point argue that the Smoke Free
Illinois Act was meant to be an indoor smoking ban and that these regulations
go beyond that. Also, some business owners argue they will have to modify their existing outdoor areas to meet the new requirements. Conversely, supporters
of the regulations point to the Act’s ban on smoking in places of
employment to justify any extension of the ban to outdoor area where employees
serve.
Post Authored by Caitlyn Sharrow & Julie Tappendorf, Ancel Glink
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