Illinois Smoking Ban Now Includes Beer Gardens

The Smoke Free Illinois Act put into effect a change to the Illinois smoking ban. Now, lighting up in an outdoor beer garden may get smokers ticketed.

Many customers at bars and restaurants like to enjoy a cigar or smoke during their visit on an outdoor patio with a cold beer. This will no longer be allowed if the patio or beer garden has a ceiling and a floor.

Lawmakers approved the rule change which was sought out by the Illinois Department of Public Health according to Reboot Illinois.

Any place with both a ceiling and floor will be effected, yet it is up to local law enforcement and public health departments to enforce the new rule which went into effect on Aug. 14.

From Reboot Illinois:

An Illinois Department of Public Health posting on one of its web pages, though, makes it clear that lighting up in a beer garden is not OK with the state:

“This rulemaking focuses specifically on clarification that 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. Additionally, the proposed rule includes provisions regarding filing of complaints and enforcement provisions.”

The Smoke Free Illinois Act calls for fines between $100 and $250 for a person who smokes in a prohibited area. If the business owner does not comply, fine minimums are $250 for the first offense, $500 for the second offense and $2,500 for each additional violation.