Rules Would Ban Smoking in Outdoor Patios and Beer Gardens

Rules Would Ban Smoking in Outdoor Patios and Beer Gardens

  Friday, August 29, 2014    Julie Tappendorf

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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. 

The proposed regulations can be found here. 

Post Authored by Caitlyn Sharrow & Julie Tappendorf, Ancel Glink