Many states have passed statewide bans on smoking in enclosed public places, including restaurants and bars. Other states have enacted statewide smoking bans that include exceptions for certain businesses and workplaces—such as cigar bars, tobacco shops, and private clubs.
Some cities and towns have enacted ordinances (laws) that restrict smoking in restaurants and bars—and some cities and towns extend public smoking bans outdoors to sidewalks, apartment complexes, and other public spaces where nonsmokers may congregate, for example.
Violations of these smoking bans may be prosecuted as misdemeanor criminal offenses and include hundreds of dollars of potential fines.
In Illinois, the Smoke Free Illinois Act, which took effect on January 1, 2008, prohibits smoking in virtually all enclosed public places and workplaces, including restaurants, bars, and casinos. This statewide ban extends to private clubs and government vehicles, but exempts certain areas such as private residences (unless used as a childcare or healthcare facility), retail tobacco stores, and some hotel and motel rooms. Local governments in Illinois have the authority to enact more stringent smoking regulations, and as a result, some cities and towns have implemented additional restrictions, such as bans on smoking in outdoor areas like sidewalks, public parks, and near building entrances. Violations of the Smoke Free Illinois Act can result in fines for individuals and businesses. Individuals may face fines starting from $100 for a first offense and up to $250 for subsequent offenses, while businesses can face fines starting at $250 and increasing for repeated violations.