Chicago, IL

310 Ill. Comp. Stat. 65/4 Illinois Affordable Housing Program
Effective: 9/14/89 – Through: 6/30/23
Sec. 4. Illinois Affordable Housing Program. The Illinois Affordable Housing Program is hereby created for the purpose of developing and coordinating public and private resources targeted to meet the affordable housing needs of low-income and very low-income households in the State of Illinois. The Program shall be developed, coordinated and administered by the Program Administrator with advice and input from the Commission. The Program shall be funded by resources available to the Illinois Affordable Housing Trust Fund, such other resources as may be allocated by various State agencies, and such other resources as may be available. The Program Administrator shall promulgate rules and regulations implementing this Program in accordance with this Act, after consultation with the Commission.

310 Ill. Comp. Stat. 65/3 Definitions
Effective: 12/31/21 – Through: 6/29/23
Sec. 3. Definitions. As used in this Act:

(a) “Program” means the Illinois Affordable Housing Program.

(b) “Trust Fund” means the Illinois Affordable Housing Trust Fund.

(b-5) “Capital Fund” means the Illinois Affordable Housing Capital Fund.

(c) “Low-income household” means a single person, family or unrelated persons living together whose adjusted income is more than 50%, but less than 80%, of the median income of the area of residence, adjusted for family size, as such adjusted income and median income for the area are determined from time to time by the United States Department of Housing and Urban Development for purposes of Section 8 of the United States Housing Act of 1937.

(d) “Very low-income household” means a single person, family or unrelated persons living together whose adjusted income is not more than 50% of the median income of the area of residence, adjusted for family size, as such adjusted income and median income for the area are determined from time to time by the United States Department of Housing and Urban Development for purposes of Section 8 of the United States Housing Act of 1937.

(e) “Affordable housing” means residential housing that, so long as the same is occupied by low-income households or very low-income households, requires payment of monthly housing costs, including utilities other than telephone, of no more than 30% of the maximum allowable income as stated for such households as defined in this Section.

(f) “Multi-family housing” means a building or buildings providing housing to 5 or more households.

(g) “Single-family housing” means a building containing one to 4 dwelling units, including a mobile home as defined in subsection (b) of Section 3 of the Mobile Home Landlord and Tenant Rights Act, as amended.

(h) “Community-based organization” means a not-for-profit entity whose governing body includes a majority of members who reside in the community served by the organization.

(i) “Advocacy organization” means a not-for-profit organization which conducts, in part or in whole, activities to influence public policy on behalf of low-income or very low-income households.

(j) “Program Administrator” means the Illinois Housing Development Authority.

(k) “Funding Agent” means the Illinois Department of Revenue.

(l) “Commission” means the Affordable Housing Advisory Commission.

(m) “Congregate housing” means a building or structure in which 2 or more households, inclusive, share common living areas and may share child care, cleaning, cooking and other household responsibilities.

(n) “Eligible applicant” means a proprietorship, partnership, for-profit corporation, not-for-profit corporation or unit of local government which seeks to use fund assets as provided in this Article.

(o) “Moderate income household” means a single person, family or unrelated persons living together whose adjusted income is more than 80% but less than 120% of the median income of the area of residence, adjusted for family size, as such adjusted income and median income for the area are determined from time to time by the United States Department of Housing and Urban Development for purposes of Section 8 of the United States Housing Act of 1937.

(p) “Affordable Housing Program Trust Fund Bonds or Notes” means the bonds or notes issued by the Program Administrator under the Illinois Housing Development Act to further the purposes of this Act.

(q) “Trust Fund Moneys” means all moneys, deposits, revenues, income, interest, dividends, receipts, taxes, proceeds and other amounts or funds deposited or to be deposited in the Trust Fund pursuant to Section 5(b) of this Act and any proceeds, investments or increase thereof.

(r) “Program Escrow” means accounts, except those accounts relating to any Affordable Housing Program Trust Fund Bonds or Notes, designated by the Program Administrator, into which Trust Fund Moneys are deposited.

(s) “Common household pet” means a domesticated animal, such as a dog (canis lupus familiaris) or cat (felis catus), which is commonly kept in the home for pleasure rather than for commercial purposes.

310 Ill. Comp. Stat. 65/6 Advisory Commission
Effective: 5/18/06 – Through: 6/30/23
Sec. 6. Advisory Commission.

(a) There is hereby created the Illinois Affordable Housing Advisory Commission. The Commission shall consist of 15 members. Three of the Commissioners shall be the Directors of the Illinois Housing Development Authority, the Illinois Finance Authority and the Department of Commerce and Economic Opportunity or their representatives. One of the Commissioners shall be the Commissioner of the Chicago Department of Housing or its representative. The remaining 11 members shall be appointed by the Governor, with the advice and consent of the Senate, and not more than 4 of these Commission members shall reside in any one county in the State. At least one Commission member shall be an administrator of a public housing authority from other than a municipality having a population in excess of 2,000,000; at least 2 Commission members shall be representatives of special needs populations as described in subsection (e) of Section 8; at least 4 Commission members shall be representatives of community-based organizations engaged in the development or operation of housing for low-income and very low-income households; and at least 4 Commission members shall be representatives of advocacy organizations, one of which shall represent a tenants’ advocacy organization. The Governor shall consider nominations made by advocacy organizations and community-based organizations.

(b) Members appointed to the Commission shall serve a term of 3 years; however, 3 members first appointed under this Act shall serve an initial term of one year, and 4 members first appointed under this Act shall serve a term of 2 years. Individual terms of office shall be chosen by lot at the initial meeting of the Commission. The Governor shall appoint the Chairman of the Commission, and the Commission members shall elect a Vice Chairman.

(c) Members of the Commission shall not be entitled to compensation, but shall receive reimbursement for actual and reasonable expenses incurred in the performance of their duties.

(d) Eight members of the Commission shall constitute a quorum for the transaction of business.

(e) The Commission shall meet at least quarterly and its duties and responsibilities are:

(1) the study and review of the availability of affordable housing for low-income and very low-income households in the State of Illinois and the development of a plan which addresses the need for additional affordable housing;

(2) encouraging collaboration between federal and State agencies, local government and the private sector in the planning, development and operation of affordable housing for low-income and very low-income households;

(3) studying, evaluating and soliciting new and expanded sources of funding for affordable housing;

(4) developing, proposing, reviewing, and commenting on priorities, policies and procedures for uses and expenditures of Trust Fund monies, including policies which assure equitable distribution of funds statewide;

(5) making recommendations to the ProgramAdministrator concerning proposed expenditures from the Trust Fund;

(6) making recommendations to the ProgramAdministrator concerning the developments proposed to be financed with the proceeds of Affordable Housing Program Trust Fund Bonds or Notes;

(7) reviewing and commenting on the development of priorities, policies and procedures for the administration of the Program;

(8) monitoring and evaluating all allocations of funds under this Program; and

(9) making recommendations to the General Assembly for further legislation that may be necessary in the area of affordable housing.

310 Ill. Comp. Stat. 65/8 Uses of Trust Fund
Effective: 7/26/15 – Through: 6/30/23
Sec. 8. Uses of Trust Fund.

(a) Subject to annual appropriation to the Funding Agent and subject to the prior dedication, allocation, transfer and use of Trust Fund Moneys as provided in Sections 8(b), 8(c) and 9 of this Act, the Trust Fund may be used to make grants, mortgages, or other loans to acquire, construct, rehabilitate, develop, operate, insure, and retain affordable single-family and multi-family housing in this State for low-income and very low-income households. The majority of monies appropriated to the Trust Fund in any given year are to be used for affordable housing for very low-income households. For the fiscal years 2007, 2008, and 2009 only, the Department of Human Services is authorized to receive appropriations and spend moneys from the Illinois Affordable Housing Trust Fund for the purpose of developing and coordinating public and private resources targeted to meet the affordable housing needs of low-income, very low-income, and special needs households in the State of Illinois.

(b) For each fiscal year commencing with fiscal year 1994, the Program Administrator shall certify from time to time to the Funding Agent, the Comptroller and the State Treasurer amounts, up to an aggregate in any fiscal year of $10,000,000, of Trust Fund Moneys expected to be used or pledged by the Program Administrator during the fiscal year for the purposes and uses specified in Sections 8(c) and 9 of this Act. Subject to annual appropriation, upon receipt of such certification, the Funding Agent and the Comptroller shall dedicate and the State Treasurer shall transfer not less often than monthly to the Program Administrator or its designated payee, without requisition or further request therefor, all amounts accumulated in the Trust Fund within the State Treasury and not already transferred to the Loan Commitment Account prior to the Funding Agent’s receipt of such certification, until the Program Administrator has received the aggregate amount certified by the Program Administrator, to be used solely for the purposes and uses authorized and provided in Sections 8(c) and 9 of this Act. Neither the Comptroller nor the Treasurer shall transfer, dedicate or allocate any of the Trust Fund Moneys transferred or certified for transfer by the Program Administrator as provided above to any other fund, nor shall the Governor authorize any such transfer, dedication or allocation, nor shall any of the Trust Fund Moneys so dedicated, allocated or transferred be used, temporarily or otherwise, for interfund borrowing, or be otherwise used or appropriated, except as expressly authorized and provided in Sections 8(c) and 9 of this Act for the purposes and subject to the priorities, limitations and conditions provided for therein until such obligations, uses and dedications as therein provided, have been satisfied.

(c) Notwithstanding Section 5(b) of this Act, any Trust Fund Moneys transferred to the Program Administrator pursuant to Section 8(b) of this Act, or otherwise obtained, paid to or held by or for the Program Administrator, or pledged pursuant to resolution of the Program Administrator, for Affordable Housing Program Trust Fund Bonds or Notes under the Illinois Housing Development Act, and all proceeds, payments and receipts from investments or use of such moneys, including any residual or additional funds or moneys generated or obtained in connection with any of the foregoing, may be held, pledged, applied or dedicated by the Program Administrator as follows:

(1) as required by the terms of any pledge of or resolution of the Program Administrator authorized under Section 9 of this Act in connection with Affordable Housing Program Trust Fund Bonds or Notes issued pursuant to the Illinois Housing Development Act;

(2) to or for costs of issuance and administration and the payments of any principal, interest, premium or other amounts or expenses incurred or accrued in connection with Affordable Housing Program Trust Fund Bonds or Notes, including rate protection contracts and credit support arrangements pertaining thereto, and, provided such expenses, fees and charges are obligations, whether recourse or nonrecourse, and whether financed with or paid from the proceeds of Affordable Housing Program Trust Fund Bonds or Notes, of the developers, mortgagors or other users, the Program Administrator’s expenses and servicing, administration and origination fees and charges in connection with any loans, mortgages, or developments funded or financed or expected to be funded or financed, in whole or in part, from the issuance of Affordable Housing Program Trust Fund Bonds or Notes;

(3) to or for costs of issuance and administration and the payments of principal, interest, premium, loan fees, and other amounts or other obligations of the Program Administrator, including rate protection contracts and credit support arrangements pertaining thereto, for loans, commercial paper or other notes or bonds issued by the Program Administrator pursuant to the Illinois Housing Development Act, provided that the proceeds of such loans, commercial paper or other notes or bonds are paid or expended in connection with, or refund or repay, loans, commercial paper or other notes or bonds issued or made in connection with bridge loans or loans for the construction, renovation, redevelopment, restructuring, reorganization of Affordable Housing and related expenses, including development costs, technical assistance, or other amounts to construct, preserve, improve, renovate, rehabilitate, refinance, or assist Affordable Housing, including financially troubled Affordable Housing, permanent or other financing for which has been funded or financed or is expected to be funded or financed in whole or in part by the Program Administrator through the issuance of or use of proceeds from Affordable Housing Program Trust Fund Bonds or Notes;

(4) to or for direct expenditures or reimbursement for development costs, technical assistance, or other amounts to construct, preserve, improve, renovate, rehabilitate, refinance, or assist Affordable Housing, including financially troubled Affordable Housing, permanent or other financing for which has been funded or financed or is expected to be funded or financed in whole or in part by the Program Administrator through the issuance of or use of proceeds from Affordable Housing Program Trust Fund Bonds or Notes; and

(5) for deposit into any residual, sinking, reserve or revolving fund or pool established by the Program Administrator, whether or not pledged to secure Affordable Housing Program Trust Fund Bonds or Notes, to support or be utilized for the issuance, redemption, or payment of the principal, interest, premium or other amounts payable on or with respect to any existing, additional or future Affordable Housing Program Trust Fund Bonds or Notes, or to or for any other expenditure authorized by this Section 8(c).

(d) All or a portion of the Trust Fund Moneys on deposit or to be deposited in the Trust Fund not already certified for transfer or transferred to the Program Administrator pursuant to Section 8(b) of this Act may be used to secure the repayment of Affordable Housing Program Trust Fund Bonds or Notes, or otherwise to supplement or support Affordable Housing funded or financed or intended to be funded or financed, in whole or in part, by Affordable Housing Program Trust Fund Bonds or Notes.

(e) Assisted housing may include housing for special needs populations such as the homeless, single-parent families, the elderly, or persons with disabilities. The Trust Fund shall be used to implement a demonstration congregate housing project for any such special needs population.

(f) Grants from the Trust Fund may include, but are not limited to, rental assistance and security deposit subsidies for low and very low-income households.

(g) The Trust Fund may be used to pay actual and reasonable costs for Commission members to attend Commission meetings, and any litigation costs and expenses, including legal fees, incurred by the Program Administrator in any litigation related to this Act or its action as Program Administrator.

(h) The Trust Fund may be used to make grants for (1) the provision of technical assistance, (2) outreach, and (3) building an organization’s capacity to develop affordable housing projects.

(i) Amounts on deposit in the Trust Fund may be used to reimburse the Program Administrator and the Funding Agent for costs incurred in the performance of their duties under this Act, excluding costs and fees of the Program Administrator associated with the Program Escrow to the extent withheld pursuant to paragraph (8) of subsection (b) of Section 5.

310 Ill. Comp. Stat. 65/5 Illinois Affordable Housing Trust Fund
Effective: 6/16/21 – Through: 6/29/23
(a) There is hereby created the Illinois Affordable Housing Trust Fund, hereafter referred to in this Act as the “Trust Fund” to be held as a separate fund within the State Treasury and to be administered by the Program Administrator. The purpose of the Trust Fund is to finance projects of the Illinois Affordable Housing Program as authorized and approved by the Program Administrator. The Funding Agent shall establish, within the Trust Fund, a General Account, a Bond Account, a Commitment Account and a Development Credits Account. The Funding Agent shall authorize distribution of Trust Fund moneys to the Program Administrator or a payee designated by the Program Administrator for purposes authorized by this Act. After receipt of the Trust Fund moneys by the Program Administrator or designated payee, the Program Administrator shall ensure that all those moneys are expended for a public purpose and only as authorized by this Act.

(b) Except as otherwise provided in Section 8(c) of this Act, there shall be deposited in the Trust Fund such amounts as may become available under the provisions of this Act, including, but not limited to:

(1) all receipts, including dividends, principal and interest repayments attributable to any loans or agreements funded from the Trust Fund;

(2) all proceeds of assets of whatever nature received by the Program Administrator, and attributable to default with respect to loans or agreements funded from the Trust Fund;

(3) any appropriations, grants or gifts of funds or property, or financial or other aid from any federal or State agency or body, local government or any other public organization or private individual made to the Trust Fund;

(4) any income received as a result of the investment of moneys in the Trust Fund;

(5) all fees or charges collected by the Program Administrator or Funding Agent pursuant to this Act;

(6) an amount equal to one half of all proceeds collected by the Funding Agent pursuant to Section 3 of the Real Estate Transfer Tax Act, as amended;

(7) other funds as appropriated by the General Assembly; and

(8) any income, less costs and fees associated with the Program Escrow, received by the Program Administrator that is derived from Trust Fund Moneys held in the Program Escrow prior to expenditure of such Trust Fund Moneys.

(c) Additional Trust Fund Purpose: Receipt and use of federal funding for programs responding to the COVID-19 public health emergency. Notwithstanding any other provision of this Act or any other law limiting or directing the use of the Trust Fund, the Trust Fund may receive, directly or indirectly, federal funds from the Homeowner Assistance Fund authorized under Section 3206 of the federal American Rescue Plan Act of 2021 (Public Law 117-2). Any such funds shall be deposited into a Homeowner Assistance Account which shall be established within the Trust Fund by the Funding Agent so that such funds can be accounted for separately from other funds in the Trust Fund. Such funds may be used only in the manner and for the purposes authorized in Section 3206 of the American Rescue Plan Act of 2021 and in related federal guidance. Also, the Trust Fund may receive, directly or indirectly, federal funds from the Emergency Rental Assistance Program authorized under Section 3201 of the federal American Rescue Plan Act of 2021 and Section 501 of Subtitle A of Title V of Division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260). Any such funds shall be deposited into an Emergency Rental Assistance Account which shall be established within the Trust Fund by the Funding Agent so that such funds can be accounted for separately from other funds in the Trust Fund. Such funds may be used only in the manner and for the purposes authorized in Section 3201 of the American Rescue Plan Act of 2021 and in related federal guidance. Expenditures under this subsection (c) are subject to annual appropriation to the Funding Agent. Unless used in this subsection (c), the defined terms set forth in Section 3 shall not apply to funds received pursuant to the American Rescue Plan Act of 2021. Notwithstanding any other provision of this Act or any other law limiting or directing the use of the Trust Fund, funds received under the American Rescue Plan Act of 2021 are not subject to the terms and provisions of this Act except as specifically set forth in this subsection (c).

310 Ill. Comp. Stat. 65/7 Powers of Program Administrator
Effective: 5/31/08 – Through: 6/30/23
Sec. 7. Powers of the Program Administrator. The Program Administrator, in addition to the powers set forth in the Illinois Housing Development Act and the powers identified in Sections 8 and 9 of this Act, has the power to:

(a) identify, select and make financing available to eligible applicants from monies in the Trust Fund or the Capital Fund or from monies secured by the Trust Fund or the Capital Fund for affordable housing for low and very low-income families;

(b) purchase first and second mortgages, to make secured, unsecured or deferred repayment loans, to make no interest or low interest loans or to issue grants, payments or subsidies for the predevelopment expenses, acquisition, construction, rehabilitation development, operation, insurance, or retention of projects in support of affordable single family and multi-family housing for low and very low-income households;

(c) expend monies for mortgage participation certificates representing an undivided interest in specified, first-lien conventional residential Illinois mortgages which are underwritten, insured, guaranteed or purchased by the Federal Home Loan Mortgage Corporation;

(d) fix, determine, charge and collect any fees, costs and expenses, including without limitation, any application fees, commitment or servicing fees, program fees, financing charges, or publication fees in connection with activities under this Act;

(e) establish applications, notification procedures, and other forms, and to prepare and issue rules deemed necessary and appropriate to implement this Act with consultation from the Commission; and to issue emergency rules, as necessary, for program implementation needed prior to publication of the first annual plan required by Section 12 of this Act;

(f) make and enter into and enforce all loans, loan commitments, contracts and agreements necessary, convenient or desirable to the performance of its duties and the execution of its powers under this Act;

(g) consent, subject to the provisions of any contract or agreement with another person, whenever it deems it is necessary or desirable in the fulfillment of the purposes of this Act, to the modification or restructuring of any loan commitment, loan, contract or agreement to which the Program Administrator is a party;

(h) acquire by purchase, gift, or foreclosure, but not by condemnation, any real or personal property, or any interest therein, to procure insurance against loss, to enter into any lease of property and to hold, sell, assign, lease, mortgage or otherwise dispose of any real or personal property, or any interest therein, or relinquish any right, title, claim, lien, interest, easement or demand however acquired, and to do any of the foregoing by public or private sale;

(i) subject to the provisions of any contract or agreement with another party to collect, enforce the collection of, and foreclose on any property or collateral securing its loan or loans, mortgage or mortgages, and acquire or take possession of such property or collateral and release or relinquish any right, title, claim, lien, interest, easement, or demand in property foreclosed by it or to sell the same at public or private sale, with or without bidding, and otherwise deal with such collateral as may be necessary to protect the interest of the Program Administrator;

(j) sell any eligible loan made by the ProgramAdministrator or mortgage interest owned by it, at public or private sale, with or without bidding, either singly or in groups, or in shares of loans or shares of groups of loans, and to deposit and invest the funds derived from such sales in any manner authorized by this Act;

(k) provide, contract or arrange, or participate with or enter into agreements with any department, agency or authority of the United States or of this State, or any local unit of government, or any banking institution, insurance company, trust or fiduciary or any foundation or not-for-profit agency for the review, application, servicing, processing or administration of any proposed loan, grant, application, servicing, processing or administration of any proposed loan, grant, agreement, or contract of the Department when such arrangement is in furtherance of this Act;

(l) receive and accept any gifts, grants, donations or contributions from any source, of money, property, labor or other things of value, to be held, used and applied to carry out the purposes of this Act subject to including, but not limited to, gifts or grants from any Department or agency of the United States or the State or from any local unit of government, not-for-profit organization or private firm or individual for any purpose consistent with this Act; and

(m) exercise such other powers as are necessary or incidental to the administration of this Act or performance of duties under this Act.

310 Ill. Comp. Stat. 65/10 Trust Fund restrictions and stipulations
Effective: 12/31/21 – Through: 6/30/23
Sec. 10. Trust Fund restrictions and stipulations.

(a) All housing financed and all assistance provided from the Trust Fund shall be available to all eligible persons regardless of race, color, ancestry, unfavorable military discharge, familial status, marital status, national origin, religion, creed, sex, age, or disability.

(b) There shall be, on all assisted housing, a deed restriction, agreement, or other legal document which provides for the recapture of assistance upon terms and conditions to be specified in rules and regulations promulgated by the Program Administrator.

(c) Loans made by the Trust Fund may be at no interest or at below market interest rates, with or without security, and may include loans for predevelopment financing.

(d) Assistance may be provided for housing units for low and very low-income households within multi-family housing which is occupied partly by low and very low-income households and partly by households not qualifying as low or very low-income, subject to rules and regulations promulgated by the Program Administrator.

(e) Except to the extent provided in rules and regulations promulgated by the Program Administrator, no household shall be required to vacate or move from any assisted housing as a result of ceasing to qualify as a low or very low-income household under this Act.

(f) Rates not to exceed fair market rental may be charged to any person or household which occupies any single family housing or unit of multi-family housing for the period that person or household does not qualify as low or very low-income.

(g) All housing assisted by the Trust Fund shall provide a residential antidisplacement and relocation assistance plan consistent with Section 507 of the federal Housing and Community Development Act of 1987.

(h) Multi-family housing assisted by the Trust Fund shall be prohibited from refusing to accept tenants for occupancy solely because the tenant receives governmental rental assistance.

(i) Trust Fund assisted multi-family housing is prohibited from evicting tenants without good cause.

(j) Assistance may be provided to housing whether or not such housing satisfies the definition of a “qualified residential rental project” set forth in Section 142 of the Internal Revenue Code of 1986, as amended.

(k) Housing assisted by the Trust Fund shall be required to meet energy efficiency standards which shall be established by the Program Administrator. Any review for affordability of assisted housing must include a review of energy costs.

(l) Manufactured housing which is manufactured entirely within the State shall be given priority over housing manufactured in whole or in part outside of the State.

(m) It is intended that Trust Fund monies not be used to supplant existing resources and that the Trust Fund shall be a funder of last resort.

(n) Prior to application of Trust Fund assets to provide assistance to affordable housing under this Act, Trust Fund assets may be invested in mortgage participation certificates representing undivided interests in specified, first-lien conventional residential Illinois mortgages which are underwritten, insured, guaranteed or purchased by the Federal Home Loan Mortgage Corporation. Trust Fund assets may also be used in such investments as may be lawful for fiduciaries in this State or in such investments which shall reduce the risk associated with fluctuations in interest rates or market price of investments.

(o) A tenant of a multifamily rental housing unit that is 500 square feet or larger and has been acquired, constructed, or rehabilitated with any money from the Trust Fund after January 1, 2022 and that was designated for affordable housing for low and very low-income families shall be allowed to keep at least 2 cats or one dog that weighs under 50 pounds regardless of breed or height within the tenant’s residence in accordance with any applicable State laws. This subsection does not apply to service animals or service animals in training or to any dog that has been deemed a dangerous or vicious dog as provided under the Animal Control Act. This subsection does not apply to supportive living facilities as described in Section 5-5.01a of the Illinois Public Aid Code or elderly housing. For purposes of this subsection, “elderly housing” means housing that is either: (i) intended for and solely occupied by persons age 62 or older; (ii) intended and operated for occupancy by at least one person age 55 years or older per unit, and at least 80% of the units within the elderly housing project are so occupied; or (iii) provided for under any State or federal program that the U.S. Department of Housing and Urban Development has determined is specifically designed and operated to assist elderly persons (as defined in the State or federal program).

310 Ill. Comp. Stat. 65/17 Annual Budget and Report
Effective: 9/14/89 – Through: 6/5/23
Sec. 17. Annual Budget and Report. (a) Within 9 months after the effective date of this Act, the Commission shall prepare a plan listing available resources, priorities for expenditures, and procedures for making application for grants and loans. The plan shall be published in the Illinois Register. Such a plan shall be prepared annually and published for each succeeding year.

(b) Within 60 days of the end of each fiscal year, the Commission shall prepare a report to the General Assembly describing the activities of the Affordable Housing Program for the preceding year.

310 Ill. Comp. Stat. 65/11 Trust Fund commitments and distributions
Effective: 8/9/95 – Through: 6/30/23
Sec. 11. Trust Fund commitments and distributions.

(a) Trust Fund Moneys shall be committed and distributed from the Trust Fund first as provided in Sections 8(b), 8(c) and 9 of this Act with any undistributed or uncommitted balance remaining in the Trust Fund to be committed, used, and distributed for purposes authorized in Section 8 of this Act.

(b) For loans or grants authorized by Section 8:

(1) Upon finding that the recommended loan or grant meets the standards set forth in the rules and regulations promulgated hereunder by the Program Administrator, the Program Administrator may issue a commitment. Any commitment issued pursuant to this Act shall be made expressly contingent upon the availability of monies in the Trust Fund and shall expire if unfunded within one year from the date of issuance.

(2) Upon issuance of a commitment under this Act, the Program Administrator shall certify to the Funding Agent the amount of the commitment. Upon receiving a commitment certification from the Program Administrator, the Funding Agent shall determine if sufficient monies to fund the commitment are available in the General Account and shall so notify the Program Administrator. When there are sufficient monies in the General Account to fund the commitment, such monies shall be transferred to the Commitment Account and the Funding Agent shall so notify the Program Administrator. Commitments certified to the Funding Agent from the Program Administrator shall be held for allocation to the Commitment Account on a first come, first serve basis.

(3) Within 30 days of the date of an anticipated closing, the Program Administrator shall submit a payout request to the Funding Agent identifying the related commitment and indicating the anticipated date of payout, the amount of the payout and the party to whom the payout shall be made payable and delivered. The Program Administrator may promulgate rules and regulations hereunder governing the payout procedure.

(4) After the payout has been disbursed from the State treasury to the Program Escrow, (i) if no portion of the payout has been disbursed from the Program Escrow, or, in the case of a construction loan, the construction has not commenced, within 180 days after receipt of the payout to the Program Escrow, the Program Administrator shall return the undisbursed balance of the payout to the State Treasurer for deposit into the Trust Fund and (ii) if the loan amount has been disbursed from the Program Escrow, but not for the specific purpose designated in the commitment, the Program Administrator shall exercise those powers under Section 7 that it deems appropriate and shall return that portion of the payout that is recaptured pursuant to such powers to the State Treasurer for deposit into the Trust Fund.

(c) For uses authorized by subsections (g) and (i) of Section 8, the Program Administrator shall submit a payout request to the Funding Agent identifying the payee, the purpose for which the payout is sought, and the date on which the payout is required. The payout shall not be disbursed to the Program Escrow or any other escrow account, but shall be disbursed directly to the payee indicated on the payout request. If the payout has not been used by the payee for the purpose identified in the payout request, or if it has not been used within 180 days after the payment, the Program Administrator shall exercise those powers under Section 7 that it deems appropriate and shall return that portion of the payout that is recaptured pursuant to such powers to the State Treasurer for deposit into the Trust Fund.

Cook County Complete Streets Policy
Effective: 10/6/09 – Through: 5/31/23
Cook County continues its pursuit of a more appropriately balanced and better aligned transportation system, which would include options and amenities for both our motorized and non-motorized modes of conveyances. This is an effort to promote a more active and healthier living environment, as well as raising the levels of consciousness of all those individuals, organizations, municipalities and institutions wishing to partner with us. Our approach enhances and compliments the character of the community.

By undertaking formal initiatives and planning a comprehensive, integrated and connected transportation network, Cook County, along with its partners, will structure policies and/or principles throughout all phases of project planning and development. Decisions regarding the public right-of-way shall promote use by pedestrians, bicyclists, and public transit. Cook County will incorporate this principle into our planning and design strategies.

Transit priority improvements shall be encouraged to expedite the movement of public transit vehicles. The County shall advocate for innovative solutions to meet public transportation needs wherever possible.

Complete streets can be achieved through single projects or incrementally through a series of smaller improvements or maintenance activities over time. The President of the Cook County Board shall appoint a Cook County Bicycle and Pedestrian Advisory Task Force to advise the County Board and appropriate departments on:

– Implementation of the Complete Streets Policy
– Priorities for bicycle and pedestrian projects and programs
– Measures to improve bicycle and pedestrian safety
In this manner, Cook County can effectively coordinate and facilitate the planning, design, and construction of thoroughfares to accommodate many modes of transportation, thus providing mobility for a multitude of users, including pedestrians, bicyclists, motorists, and transit users of all ages and abilities traversing within the public right-of-way.

Cook County Complete Street Ordinance Sec. 66-104 Objectives
Effective: 12/13/11 – Through: 5/31/23
All county agencies are hereby directed to cooperate with each other and other governmental entities to ensure that all roads within Cook County are designed and operated to enable appropriate and safe access for all users. The enactment of this policy shall aim to achieve the following objectives:

(a) Pedestrians, bicyclists, motorists and transit riders of all ages and abilities will be able to move safely along and across appropriate County roadways.

(b) Cook County shall strive to create a comprehensive, integrated and connected network of transportation options for all modes.

(c) Cook County travel patterns will change so that 50 percent of all trips will be made by walking, bicycling and transit by 2030.

(d) A 50 percent reduction in bicycle and pedestrian crashes will be achieved by the year 2030.

(e) Cook County agencies will fully incorporate Complete Streets into budgeting processes, workplans, and staffing projections.

(f) To the extent that relevant roadways are under the jurisdiction of an agency excluding Cook County, county agencies are directed to provide such Complete Streets technical assistance as is available under their authority.

(g) County Department of Highways (Highway Department) shall cooperate with neighboring jurisdictions to encourage street connectivity with a specific emphasis on regional corridors.

Chicago Complete Streets Policy Mayoral Executive Order
Effective: 10/9/06 – Through: 5/31/23
The safety and convenience of all users of the transportation system including pedestrians, bicyclists, transit users, freight, and motor vehicle drivers shall be accommodated and balanced in all types of transportation and development projects and through all phases of a project so that even the most vulnerable – children, elderly, and persons with disabilities – can travel safely within the public right-of-way.

Cook County Complete Street Ordinance Sec. 66-106 Exceptions
Effective: 12/13/11 – Through: 5/31/23
This ordinance shall not apply if the Superintendent of Highways makes a written finding that one or more of the following conditions apply:

(a) The scope of the relevant project is limited to maintenance activities intended to keep the roadway in serviceable condition. Resurfacing activities that are published in the multiyear plan may not be considered a maintenance activity for this determination; or

(b) There is sufficient documentation that there is no feasible way to accommodate improvements for nonvehicular traffic within a project’s scope. Identified needs that are not included in a project should be tracked and included in future capital projects. Such a finding is not authorized on resurfacing projects if accommodations can be provided for nonmotorized roadway users without undertaking a full roadway reconstruction; or

(c) There is no documented current or anticipated need for accommodation of nonmotorized roadway users or the road is not a current or planned transit route. Such a finding is not authorized if the relevant roadway corridor is identified in a transportation plan of any government agency, including agencies outside the jurisdiction of Cook County, as a corridor anticipated for the future benefit of any nonmotorized transportation or transit user.

Cook County Complete Street Ordinance Sec. 66-103 Purpose and Policy
Effective: 12/13/11 – Through: 5/31/23
(a) Title. This division shall be known and may be cited as the “Complete Streets Ordinance” of Cook County, Illinois.

(b) Purpose. Cook County agencies, including, but not limited to, the Bureau of Administration, the Department of Budget and Management Services, the Department of Public Health, the Bureau of Economic Development, and the Highway Department; will undertake a formal initiative, as further outlined herein, in planning a comprehensive, integrated and connected transportation network. To this end, Cook County agencies, in cooperation with both public and private planning partners, will structure policies affecting all phases of project planning and development.

(c) Policy. Decisions regarding the public right-of-way shall promote use by pedestrians, bicyclists, public transit, and motor vehicles, in a safe and effective manner taking into account the surrounding community context and land uses. The principles and policies guiding these decisions shall be known as Complete Streets. Complete Streets can be achieved through network level improvements, through integration into single location projects, or incrementally, though a series of small improvements or maintenance activities.

(d) Severability. If any section, subsection, paragraph, sentence or clause of this ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by any court of competent jurisdiction or administrative agency, the invalidity of that provision or application shall not affect, impair or invalidate any remaining section, subsection, paragraph, sentence or clause of this ordinance or its application.

Cook County Complete Street Ordinance Sec. 66-105 Guidelines
Effective: 12/13/11 – Through: 5/31/23
(a) Roadways Under the Jurisdiction of the Cook County Highway Department. The Cook County Highway Department shall strive to plan, design, operate and maintain the entire right-of-way to enable safe access for all users, regardless of age, ability, or mode of transportation in all appropriate transportation projects, including new construction, reconstruction, resurfacing, widening, and operations. In furtherance of this goal, the Highway Department will:

(1) Consider Complete Streets as one of the priorities in roadway planning and funding decisions and will develop an internal Complete Streets Policy no later than 90 days following enactment of this ordinance.

(2) Prioritize the safe movement of pedestrian, bicycle, and public transportation traffic in decisions regarding the use of limited public right-of-way, with consideration given to roadway context and land use.

(3) Define standards to measure the progress of implementation of this ordinance. Such standards shall include, but not be limited to, improvements in safety for all roadway users; increased capacity for all modes of transportation; miles of new and repaired bicycle facilities; blocks of new and repaired sidewalks; number of new and repaired marked street crossings; amount of new and repaired signage; number of new and repaired curb ramps. Such measures shall be incorporated into relevant plans, manuals, policies, processes and programs. The Highway Department shall work with other departments and agencies to track such performance measures as appropriate.

(4) Revise its plans, manuals, rules, policies, processes and programs as appropriate to incorporate any changes necessary to foster the timely implementation of Complete Streets principles. Such plans, manuals, rules, policies, processes and programs shall be reviewed upon enactment of this ordinance and no less frequently than every two years hence.

(5) Report to the Cook County Board of Commissioners on no less than an annual basis on progress made in implementing Complete Streets.

(b) Roadways Not Under the Jurisdiction of the Cook County Highway Department. All relevant County agencies will review and revise as necessary their plans, manuals, policies, processes and programs to foster the implementation of Complete Streets on roadways not under the jurisdiction of the Highway Department but subject to financing, regulation of or otherwise involving an action by any county agency. Such projects shall include, but not be limited to, privately built roadways and projects on noncounty roadways funded in part or entirely by county funds.

Municipal Code of Chicago 6-100-010 Definitions
Effective: 4/27/22 – Through: 1/17/23
For purposes of this title, the following definitions apply:

“Commissioner” means the Commissioner of Business Affairs and Consumer Protection or the Commissioner’s designee.

“CPI” means the Consumer Price Index for All Urban Consumers most recently published by the Bureau of Labor Statistics of the United States Department of Labor.

“Department” means the Department of Business Affairs and Consumer Protection.

“Family member” means a Covered Employee’s child, ward, legal guardian, parent, spouse under the laws of any state, domestic partner, spouse or domestic partner’s parent, sibling, grandparent, grandchild, or any other individual related by blood or whose close association with the Employee is the equivalent of a family relationship. A child includes not only a biological relationship, but also a relationship resulting from an adoption, step-relationship, and/or foster care relationship, or a child to whom the Employee stands in loco parentis. A parent includes a biological, foster, step-parent or adoptive parent or legal guardian of an Employee, or a person who stood in loco parentis when the Employee was a minor child.

“Wage” means compensation due an Employee by reason of employment.

Municipal Code of Chicago 6-105-045 Paid sick leave.
Effective: 6/25/21 – Through: 6/1/23
(a) General provisions.

(1) Any Covered Employee who works at least 80 hours for an Employer within any 120-day period shall be eligible for Paid Sick Leave as provided under this section.

(2) Where a Covered Employee is engaged in an Occupation in which Gratuities have customarily and usually constituted part of the remuneration, the Covered Employee’s Employer shall pay at least the full Chicago minimum wage, as provided in Section 6-105-020, for Paid Sick Leave.

(3) Unless an applicable collective bargaining agreement provides otherwise, upon a Covered Employee’s termination, resignation, retirement, or other separation from employment, the Covered Employee’s Employer is not required to provide financial or other reimbursement for unused Paid Sick Leave.

(b) Accrual of paid sick leave.

(1) Paid Sick Leave shall begin to accrue either on the 1st calendar day after the commencement of a Covered Employee’s employment or July 1, 2017, whichever is later.

(2) For every 40 hours worked after a Covered Employee’s Paid Sick Leave begins to accrue, the Covered Employee shall accrue one hour of Paid Sick Leave. Paid Sick Leave shall accrue only in hourly increments; there shall be no fractional accruals.

(3) A Covered Employee who is exempt from overtime requirements under this chapter shall be assumed to work 40 hours in each work week for purposes of Paid Sick Leave accrual, unless the Covered Employee’s normal work week is less than 40 hours, in which case Paid Sick Leave shall, accrue based upon that normal work week.

(4) For each Covered Employee, there shall be a cap of 40 hours Paid Sick Leave accrued per 12-month period, unless the Employer sets a higher limit. The 12-month period for a Covered Employee shall be calculated from the date the Covered Employee began to accrue Paid Sick Leave.

(5) At the end of a Covered Employee’s 12-month accrual period, the Covered Employee shall be allowed to carry over to the following 12-month period half of the Covered Employee’s unused accrued Paid Sick Leave, up to a maximum of 20 hours.

(6) If an Employer is subject to the Family and Medical Leave Act, each of the Employer’s Covered Employees shall be allowed, at the end of the Covered Employee’s 12-month Paid Sick Leave accrual period, to carry over up to 40 hours of the Covered Employee’s unused accrued Paid Sick Leave, in addition to the carryover allowed under subsection 6-105-045(b)(5), to use exclusively for Family and Medical Leave Act eligible purposes.

(7) If an Employer has a policy that grants Covered Employees paid time off in an amount and a manner that meets the requirements for Paid Sick Leave under this section, the Employer is not required to provide additional paid leave. If such Employer’s policy awards the full complement of paid time off immediately upon date of eligibility, rather than using an accrual model, the Employer must award each Covered Employee 40 hours paid time off within one calendar year of the Covered Employee’s date of eligibility.

(8) Unused Paid Sick Leave shall be retained by the Covered Employee if the Employer sells, transfers, or otherwise assigns the business to another Employer and the Covered Employee continues to work in the City.

(c) Use of paid sick leave.

(1) An Employer shall allow a Covered Employee to begin using Paid Sick Leave no later than on the 180th calendar day following the commencement of the Covered Employee’s employment. A Covered Employee is entitled to use no more than 40 hours of Paid Sick Leave per 12-month period, unless the Covered Employee’s Employer sets a higher limit. The 12-month period for a Covered Employee shall be calculated from the date the Covered Employee began to accrue Paid Sick Leave. If a Covered Employee carries over 40 hours of Family and Medical Leave Act leave pursuant to subsection 6-105-045(b)(6) and uses that leave, the Covered Employee is entitled to use no more than an additional 20 hours of accrued Paid Sick Leave in the same 12-month period, unless the Employer sets a higher limit. Within these limitations, Covered Employee shall be allowed to determine how much accrued Paid Sick Leave the Covered Employee needs to use, provided that the Covered Employee’s Employer may set a reasonable minimum increment requirement not to exceed four hours per day.

(2) A Covered Employee may use Paid Sick Leave when:

(A) the Covered Employee is ill or injured, or for the purpose of receiving professional care, including preventive care, diagnosis, or treatment, for medical, mental, or behavioral issues, including substance use disorders;

(B) a member of the Covered Employee’s family is ill, injured, or ordered to quarantine, or to care for a family member receiving professional care, including preventive care, diagnosis, or treatment, for medical, mental, or behavioral issues, including substance use disorders;

(C) the Covered Employee, or a member of the Covered Employee’s family, is the victim of domestic violence, as defined in Section 103 of the Illinois Domestic Violence Act of 1986, or a sex offense, defined here as any conduct proscribed in Article 11 and Sections 12-7.3, 12-7.4, and 12-7.5 of the Illinois Criminal Code of 2012, or trafficking in persons as defined in Section 10-9 of the Illinois Criminal Code of 2012 (720 ILCS 5/10-9); or

(D) the Covered Employee’s place of business is closed by order of a public official due to a public health emergency, or the Covered Employee needs to care for a family member whose school, class, or place of care has been closed.

(E) a Covered Employee obeys an order issued by the Mayor, the Governor of Illinois, the Chicago Department of Public Health, or a treating healthcare provider, requiring the Covered Employee to:

(i) stay at home to minimize the transmission of a communicable disease;

(ii) remain at home while experiencing symptoms or sick with a communicable disease;

(iii) obey a quarantine order issued to the Covered Employee;

(iv) obey an isolation order issued to the Covered Employee.

(3) An Employer shall not require, as a condition of a Covered Employee taking Paid Sick Leave, that the Covered Employee search for or find a replacement worker to cover the hours during which the Covered Employee is on Paid Sick Leave.

(4) If a Covered Employee’s need for Paid Sick Leave is reasonably foreseeable, an Employer may require up to seven days’ notice before leave is taken. If the need for Paid Sick Leave is not reasonably foreseeable, an Employer may require a Covered Employee to give notice as soon as is practicable on the day the Covered Employee intends to take Paid Sick Leave by notifying the Employer through via phone, e-mail, or text message. For purposes of this subsection, needs that are “reasonably foreseeable” include, but are not limited to, prescheduled appointments with health care providers for the Covered Employee or for a family member, and court dates in domestic violence cases. Any notice requirement imposed by an Employer pursuant to this subsection shall be waived in the event a Covered Employee is unable to give notice because the Covered Employee is unconscious, or otherwise medically incapacitated.

(5) Where a Covered Employee is absent for more than three consecutive work days, the Covered Employee’s Employer may require certification that the use of Paid Sick Leave was authorized under subsection 6-105-045(c)(2). For time used pursuant to subsections 6-105-045(c)(2)(A) or (B), documentation signed by a licensed health care provider shall satisfy this requirement. An Employer shall not require that such documentation specify the nature of the Covered Employee’s or the Covered Employee’s family member’s injury, illness, or condition, except as required by law. For Paid Sick Leave used pursuant to subsection 6-105-045(c)(2)(C), a police report, court document, a signed statement from an attorney, a member of the clergy, or a victim services advocate, or any other evidence that supports the Covered Employee’s claim, including a written statement from the Covered Employee or any other person who has knowledge of the circumstances, shall satisfy this requirement. The Covered Employee may choose which document to submit, and no more than one document shall be required if the Paid Sick Leave is related to the same incident of violence or the same perpetrator. The Employer shall not delay the commencement of Paid Sick Leave taken for one of the purposes in subsection 6-105-045(c)(2), nor delay payment of Wages, on the basis that the Employer has not yet received the required certification.

(6) Nothing in this section shall be construed to prohibit an Employer from taking disciplinary action, up to and including termination, against a Covered Employee who uses Paid Sick Leave for purposes other than those described in this subsection 6-105-045(c)(2).

(d) This Section 6-105-045 provides minimum Paid Sick Leave requirements; it shall not be construed to affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater Paid Sick Leave benefits.

Municipal Code of Chicago 6-105-010 Definitions.
Effective: 12/15/21 – Through: 6/1/23
For purposes of this chapter, the following definitions apply:

“Construction industry” means any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, wrecking, painting, decorating, demolishing, and adding to or subtracting from any building, structure, highway, roadway, street, bridge, alley, sewer, ditch, sewage disposal plant, waterworks, parking facility, railroad, excavation or other structure, project, development, real property or improvement, or to do any part thereof, whether or not the performance of the work herein described involves the addition to, or fabrication into, any structure, project, development, real property or improvement herein described of any material or article of merchandise. Construction shall also include moving construction related materials on the job site to or from the job site, snow plowing, snow removal, and refuse collection.

“Covered Employee” means an Employee who, in any particular two-week period, performs at least two hours of work for an Employer while physically present within the geographic boundaries of the City. For purposes of this definition, time spent traveling in the City that is compensated time, including, but not limited to, deliveries, sales calls, and travel related to other business activity taking place within the City, shall constitute work while physically present within the geographic boundaries of the City; however, time spent traveling in the City that is uncompensated commuting time shall not constitute work while physically present within the geographic boundaries of the City.

“Covered Employee” does not include any individual permitted to work:

(a) as a camp counselor employed at a day camp if the camp counselor is paid a stipend on a one time or periodic basis and, if the camp counselor is a minor, the minor’s parent, guardian or other custodian has consented in writing to the terms of payment before the commencement of such employment;

(b) while subject to subsection 4(a)(2) of the Minimum Wage Law, with the exception of the categories of Employees described in subsections 4(a)(2)(A) and 4(a)(2)(B) of the Minimum Wage Law, who shall be entitled to the Wages that their Employer shall otherwise pay under Section 6-105-020(b) and 6-105-030 above, whichever applies, as well as the overtime compensation described in Section 6-105-040; and

(c) for any governmental entity other than the City and its Sister Agencies.

(d) (i) All Domestic Workers, including Domestic Workers employed by Employers with fewer than four Employees, shall be Covered Employees.

(ii) in any of the following categories, though, Employees who work in the following categories shall be Covered Employees under Section 6-105-045: (A) as an outside salesman; (B) as a member of a religious corporation or organization; (C) at, and employed by, an accredited Illinois college or university at which the individual is a student who is covered under the Fair Labor Standards Act, as amended; (D) for a motor carrier and with respect to whom the U.S. Secretary of Transportation has the power to establish qualifications and maximum hours of service under the provisions of Title 49 U.S.C. or the State of Illinois under Section 18b-105 (Title 92 of the Illinois Administrative Code, Part 395 – Hours of Service of Drivers) of the Illinois Vehicle Code.

Except as provided in (d)(i) and (d)(ii), “Covered Employee” does not include any individual permitted to work for an Employer who has fewer than four Employees.

“Domestic partner” means any person who has a registered domestic partnership, or qualifies as a domestic partner under Section 2-152-072 of this Code or as a party to a civil union under the Illinois Religious Freedom Protection and Civil Union Act, 750 ILCS 75/1, et seq., as currently in force and hereafter amended.

“Domestic worker” means a person whose primary duties include housekeeping; house cleaning; home management; nanny services, including childcare and child monitoring; caregiving, personal care or home health services for elderly persons or persons with illnesses, injuries, or disabilities who require assistance in caring for themselves; laundering; cooking; companion services; chauffeuring; and other household services to members of households or their guests in or about a private home or residence, or any other location where the domestic work is performed.

“Employee” means an individual that performs work for an employer in the capacity of an employee, as distinguished from a contractor, determined pursuant to Internal Revenue Service guidelines.

“Employer” means a person who gainfully employs at least one Employee. For the purpose of counting Covered Employees for Section 6-105-020, numbers of Covered Employees will be aggregated if they are employed by members of a single unitary business group as defined for Illinois income tax purposes.

“Fair Labor Standards Act” means the United States Fair Labor Standards Act of 1938, 29 U.S.C. § 201, et seq., as currently in force and hereafter amended.

“Family and Medical Leave Act” means the United States Family and Medical Leave Act of 1993, 29 U.S.C. § 2601, et seq., as currently in force and hereafter amended.

“Gratuities” and “Occupation” have the meanings ascribed to those terms in the Minimum Wage Law.

“Health care provider” means any person licensed to provide medical or emergency services, including, but not limited to, doctors, nurses, and emergency room personnel.

“Minimum Wage Law” means the Illinois Minimum Wage Law, 820 ILCS 105/1, et seq.

“Outside salesman” means an Employee regularly engaged in making sales or obtaining orders or contracts for services where most of such duties are performed away from his employer’s place of business.

“Paid Sick Leave” means time that is provided by an Employer to a Covered Employee that is eligible to be used for the purposes described in subsection 6-105-045(b) of this chapter, and is compensated at the same rate and with the same benefits, including health care benefits, that the Covered Employee regularly earns during hours worked.

“Sister Agency” means the Chicago Public Schools, the Chicago Park District, the Chicago Transit Authority, the City Colleges of Chicago, the Chicago Housing Authority, and the Public Building Commission.

“Subsidized Temporary Youth Employment Program” means any publicly subsidized summer or other temporary youth employment program through which persons aged 24 or younger are employed by, or engaged in employment coordinated by, a nonprofit organization or governmental entity.

“Subsidized Transitional Employment Program” means any publicly subsidized temporary employment program through which persons with unsuccessful employment histories and/or members of statistically hard-to-employ populations (such as formerly homeless persons, the long-term unemployed, and formerly incarcerated persons) are provided temporary paid employment and case-managed services under a program administered by a nonprofit organization or governmental entity, with the goal of transitioning program participants into unsubsidized employment.

“Tipped Employee” has the meaning ascribed that term in the Fair Labor Standards Act.

Cook County, IL Div. 1, Sec. 42-3. Earned sick leave
Effective: 7/1/17 – Through: 6/1/23
(a) General Provisions.

(1) Any Covered Employee who works at least 80 hours for an Employer within any 120-day period shall be eligible for Earned Sick Leave as provided under this Section.

(2) Unless an applicable collective bargaining agreement provides otherwise, upon a Covered Employee’s termination, resignation, retirement or other separating from employment, his or her Employer is not required to provide financial or other reimbursement for unused Earned Sick Leave.

(b) Accrual of Earned Sick Leave.

(1) Earned Sick Leave shall begin to accrue either on the first calendar day after the commencement of a Covered Employee’s employment or on the effective date of this Division, whichever is later.

(2) For every 40 hours worked after a Covered Employee’s Earned Sick Leave begins to accrue, he or she shall accrue one hour of Earned Sick Leave. Earned Sick Leave shall accrue only in hourly increments; there shall be no fractional accruals.

(3) A Covered Employee who is exempt from overtime requirements shall be assumed to work 40 hours in each workweek for purposes of Earned Sick Leave accrual, unless his or her normal work week is less than 40 hours, in which case Earned Sick Leave shall accrue based upon that normal work week.

(4) For each Covered Employee, there shall be a cap of 40 hours Earned Sick Leave accrued per 12-month period, unless his or her Employer sets a higher limit. The 12-month period for a Covered Employee shall be calculated from the date he or she began to accrue Earned Sick Leave.

(5) At the end of a Covered Employee’s 12-month accrual period, he or she shall be allowed to carry over to the following 12-month period half of his or her unused accrued Earned Sick Leave, up to a maximum of 20 hours.

(6) If an Employer is subject to the Family and Medical Leave Act, each of the Employer’s Covered Employees shall be allowed, at the end of his or her 12-month Earned Sick Leave accrual period, to carry over up to 40 hours of his or her unused accrued Earned Sick Leave, in addition to the carryover allowed under subsection 42-3(b)(5), to use exclusively for Family and Medical Leave Act eligible purposes.

(7) If an Employer has a policy that grants Covered Employees paid time off in an amount and a manner that meets the requirements for Earned Sick Leave under this Section, the Employer is not required to provide additional paid leave. If such Employer’s policy awards the full complement of paid time off immediately upon date of eligibility, rather than using an accrual model, the Employer must award each Covered Employee 40 hours paid time off within one calendar year of his or her date of eligibility.

(c) Use of Earned Sick Leave.

(1) An Employer shall allow a Covered Employee to begin using Earned Sick Leave no later than on the 180th calendar day following the commencement of his or her employment. A Covered Employee is entitled to use no more than 40 hours of Earned Sick Leave per 12-month period, unless his or her Employer sets a higher limit. The 12-month period for a Covered Employee shall be calculated from the date he or she began to accrue Earned Sick Leave. If a Covered Employee carries over 40 hours of Family and Medical Leave Act leave pursuant to subsection 42-3(b)(6) and uses that leave, he or she is entitled to use no more than an additional 20 hours of accrued Earned Sick Leave in the same 12-month period, unless the Employer sets a higher limit. A Covered Employee shall be allowed to determine how much accrued Earned Sick Leave he or she needs to use, provided that his or her Employer may set a reasonable minimum increment requirement not to exceed four hours per day.

(2) A Covered Employee may use Earned Sick Leave when:

a. He or she is ill or injured, or for the purpose of receiving medical care, treatment, diagnosis or preventative medical care;

b. A member of his or her family is ill or injured, or to care for a family member receiving medical care, treatment, diagnosis or preventative medical care;

c. He or she, or a member of his or her family, is the victim of domestic violence, as defined in Section 103 of the Illinois Domestic Violence Act of 1986, or is the victim of sexual violence or stalking as defined in Article 11, 12-7.3. 12-7.4. and 12-7.5 of the Illinois Criminal Code of 2012; or

d. His or her place of business is closed by order of a public official due to a public health emergency, or he or she needs to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency. For the purposes of this section, “public health emergency” is an event that is defined as such by a Federal, State or Local government, including a school district.

(3) An Employer shall not require, as a condition of a Covered Employee taking Earned Sick Leave that he or she search for or find a replacement worker to cover the hours during which he or she is on Earned Sick Leave.

(4) If a Covered Employee’s need for Earned Sick Leave is reasonably foreseeable, an Employer may require up to seven days’ notice before leave is taken. If the need for Earned Sick Leave is not reasonably foreseeable, an Employer may require a Covered Employee to give notice as soon as is practicable on the day the Covered Employee intends to take Earned Sick Leave by notifying the Employer via phone, e-mail, or text message. The Employer may set notification policy if the Employer has notified Covered Employee in writing of such policy and that policy shall not be unreasonably burdensome. For purposes of this subsection, needs that are “reasonably foreseeable” include, but are not limited to prescheduled appointments with health care providers for the Covered Employee or for a family member, and court dates in domestic violence cases. Any notice requirement imposed by an Employer pursuant to this subsection shall be waived in the event a Covered Employee is unable to give notice because he or she is unconscious, or otherwise medically incapacitated. If the leave is one that is covered under the Family and Medical Leave Act, notice shall be in accordance with the Family and Medical Leave Act.

(5) Where a Covered Employee is absent for more than three consecutive work days, his or her Employer may require certification that the use of Earned Sick Leave was authorized under subsection 42-3(c)(2). For time used pursuant to subsections (c)(2)(a) or (b), documentation signed by a licensed health care provider shall satisfy this requirement. An Employer shall not require that such documentation specify the nature of the Covered Employee’s or the Covered Employee’s family member’s injury, illness, or condition, except as required by law. For Earned Sick Leave used pursuant to subsection (c)(2)(c) a police report, court document, a signed statement from an attorney, a member of the clergy, or a victim services advocate, or any other evidence that supports the Covered Employee’s claim, including a written statement from him or her, or any other person who has knowledge of the circumstances, shall satisfy this requirement. The Covered Employee may choose which document to submit, and no more than one document shall be required if the Earned Sick Leave is related to the same incident of violence or the same perpetrator. The Employer shall not delay the commencement of Earned Sick Leave taken for one of the purposes in subsection 42-3(c)(2) nor delay payment of wages, on the basis that the Employer has not yet received the required certification.

(6) Nothing in this Section shall be construed to prohibit an Employer from taking disciplinary action, up to and including termination, against a Covered Employee who uses Earned Sick Leave for purposes other than those described in this Section.

(7) This Section provides minimum Earned Sick Leave requirements; it shall not be construed to affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater Earned Sick Leave benefits.

820 Ill. Comp. Stat 105/4. Establishment of minimum wage; sex discrimination; allowance for gratuities
Effective: 2/19/19 – Through: 6/1/23
(a)(1) Every employer shall pay to each of his employees in every occupation wages of not less than $2.30 per hour or in the case of employees under 18 years of age wages of not less than $1.95 per hour, except as provided in Sections 5 and 6 of this Act, and on and after January 1, 1984, every employer shall pay to each of his employees in every occupation wages of not less than $2.65 per hour or in the case of employees under 18 years of age wages of not less than $2.25 per hour, and on and after October 1, 1984 every employer shall pay to each of his employees in every occupation wages of not less than $3.00 per hour or in the case of employees under 18 years of age wages of not less than $2.55 per hour, and on or after July 1, 1985 every employer shall pay to each of his employees in every occupation wages of not less than $3.35 per hour or in the case of employees under 18 years of age wages of not less than $2.85 per hour, and from January 1, 2004 through December 31, 2004 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $5.50 per hour, and from January 1, 2005 through June 30, 2007 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $6.50 per hour, and from July 1, 2007 through June 30, 2008 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $7.50 per hour, and from July 1, 2008 through June 30, 2009 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $7.75 per hour, and from July 1, 2009 through June 30, 2010 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $8.00 per hour, and from July 1, 2010 through December 31, 2019 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $8.25 per hour, and from January 1, 2020 through June 30, 2020, every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $9.25 per hour, and from July 1, 2020 through December 31, 2020 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $10 per hour, and from January 1, 2021 through December 31, 2021 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $11 per hour, and from January 1, 2022 through December 31, 2022 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $12 per hour, and from January 1, 2023 through December 31, 2023 every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $13 per hour, and from January 1, 2024 through December 31, 2024, every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $14 per hour; and on and after January 1, 2025, every employer shall pay to each of his or her employees who is 18 years of age or older in every occupation wages of not less than $15 per hour.

(2) Unless an employee’s wages are reduced under Section 6, then in lieu of the rate prescribed in item (1) of this subsection (a), an employer may pay an employee who is 18 years of age or older, during the first 90 consecutive calendar days after the employee is initially employed by the employer, a wage that is not more than 50¢ less than the wage prescribed in item (1) of this subsection (a); however, an employer shall pay not less than the rate prescribed in item (1) of this subsection (a) to:

(A) a day or temporary laborer, as defined in Section 5 of the Day and Temporary Labor Services Act, who is 18 years of age or older; and

(B) an employee who is 18 years of age or older and whose employment is occasional or irregular and requires not more than 90 days to complete.

(3) At no time on or before December 31, 2019 shall the wages paid to any employee under 18 years of age be more than 50¢ less than the wage required to be paid to employees who are at least 18 years of age under item (1) of this subsection (a). Beginning on January 1, 2020, every employer shall pay to each of his or her employees who is under 18 years of age that has worked more than 650 hours for the employer during any calendar year a wage not less than the wage required for employees who are 18 years of age or older under paragraph (1) of subsection (a) of Section 4 of this Act. Every employer shall pay to each of his or her employees who is under 18 years of age that has not worked more than 650 hours for the employer during any calendar year: (1) $8 per hour from January 1, 2020 through December 31, 2020; (2) $8.50 per hour from January 1, 2021 through December 31, 2021; (3) $9.25 per hour from January 1, 2022 through December 31, 2022; (4) $10.50 per hour from January 1, 2023 through December 31, 2023; (5) $12 per hour from January 1, 2024 through December 31, 2024; and (6) $13 per hour on and after January 1, 2025.

(b) No employer shall discriminate between employees on the basis of sex or mental or physical disability, except as otherwise provided in this Act by paying wages to employees at a rate less than the rate at which he pays wages to employees for the same or substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (1) a seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) a differential based on any other factor other than sex or mental or physical disability, except as otherwise provided in this Act.

(c) Every employer of an employee engaged in an occupation in which gratuities have customarily and usually constituted and have been recognized as part of the remuneration for hire purposes is entitled to an allowance for gratuities as part of the hourly wage rate provided in Section 4, subsection (a) in an amount not to exceed 40% of the applicable minimum wage rate. The Director shall require each employer desiring an allowance for gratuities to provide substantial evidence that the amount claimed, which may not exceed 40% of the applicable minimum wage rate, was received by the employee in the period for which the claim of exemption is made, and no part thereof was returned to the employer.

(d) No camp counselor who resides on the premises of a seasonal camp of an organized not-for-profit corporation shall be subject to the adult minimum wage if the camp counselor (1) works 40 or more hours per week, and (2) receives a total weekly salary of not less than the adult minimum wage for a 40-hour week. If the counselor works less than 40 hours per week, the counselor shall be paid the minimum hourly wage for each hour worked. Every employer of a camp counselor under this subsection is entitled to an allowance for meals and lodging as part of the hourly wage rate provided in Section 4, subsection (a), in an amount not to exceed 25% of the minimum wage rate.

(e) A camp counselor employed at a day camp is not subject to the adult minimum wage if the camp counselor is paid a stipend on a onetime or periodic basis and, if the camp counselor is a minor, the minor’s parent, guardian or other custodian has consented in writing to the terms of payment before the commencement of such employment.

Cook County, IL Div. 1, Sec. 42-2. Definitions
Effective: 7/1/17 – Through: 6/1/23
The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agency means the Cook County Commission on Human Rights.

Construction Industry means any constructing, altering, reconstructing, repairing, rehabilitating, refinishing, refurbishing, remodeling, remediating, renovating, custom fabricating, maintenance, landscaping, improving, wrecking, painting, decorating, demolishing, and adding to or subtracting from any building, structure, highway, roadway, street, bridge, alley, sewer, ditch, sewage disposal plant, water works, parking facility, railroad, excavation or other structure, project, development, real property or improvement, or to do any part thereof, whether or not the performance of the work herein described involves the addition to, or fabrication into, any structure, project, development, real property or improvement herein described of any material or article of merchandise. Construction shall also include moving construction related materials on the job site to or from the job site, snow plowing, snow removal, and refuse collection.

Covered Employee means any Employee who, in any particular two-week period, performs at least two hours of work for an Employer while physically present within the geographic boundaries of Cook County. For purposes of this definition, time spent traveling in Cook County that is compensated time, including, but not limited to, deliveries, sales calls, and travel related to other business activity taking place within Cook County, shall constitute work while physically present within the geographic boundaries of Cook County; however, time spent traveling in Cook County that is uncompensated commuting time shall not constitute work while physically present within the geographic boundaries of Cook County. The definition of “Covered Employee” for purposes of this Division does not include any “employee” as defined by Section 1(d) of the Railroad Unemployment Insurance Act, 45 U.S.C. § 351(d).

Domestic partner means any person who has a registered domestic partnership, or qualifies as a domestic partner under Sections 2-173 and 2-174 of this Code or as a party to a civil union under the Illinois Religious Freedom Protection and Civil Union Act, 750 ILCS 75/1 et seq., as currently in force and hereafter amended.

Earned Sick Leave means time that is provided by an Employer to a Covered Employee that is eligible to be used for the purposes described in Section 42-3 of this Chapter, and is compensated at the same rate and with the same benefits, including health care benefits, that the Covered Employee regularly earns during hours worked.

Employee means an individual permitted to work by an employer regardless of the number of persons the Employer employs.

Employer means:

(1) “Employer” means any individual, partnership, association, corporation, limited liability company, business trust, or any person or group of persons that gainfully employs at least one Covered Employee with a place of business within Cook County.

(2) The term “employer” does not mean:

a. The government of the United States or a corporation wholly owned by the government of the United States;

b. An Indian tribe or a corporation wholly owned by an Indian tribe;

c. The government of the State or any agency or department thereof; or

d. Units of local government.

Family and Medical Leave Act means the United States Family and Medical Leave Act of 1993, 29 USC § 2601 et seq. as currently in force and hereafter amended.

Family member means a Covered Employee’s child, legal guardian or ward, spouse under the laws of any state, domestic partner, parent, spouse or domestic partner’s parent, sibling, grandparent, grandchild, or any other individual related by blood or whose close association with the Covered Employee is the equivalent of a family relationship. A child includes not only a biological relationship, but also a relationship resulting from an adoption, step-relationship, and/or foster care relationship, or a child to whom the Covered Employee stands in loco parentis. A parent includes a biological, foster, stepparent or adoptive parent or legal guardian of a Covered Employee, or a person who stood in loco parentis when the Employee was a minor child.

Health Care Provider means any person licensed to provide medical or emergency services, including, but not limited to, doctors, nurses, and emergency room personnel.

Chicago Municipal Code § 4-64-355 Prohibition on sale of certain products
Effective: 6/24/21 – Through: 6/1/23
(a) No person shall sell, give away, barter, exchange or otherwise furnish to any other person a bidi cigarette, as defined in Section 4-64-100.
(b) No person shall sell, give away, barter, exchange or otherwise furnish to any other person any cigarette wrapping paper or wrapping leaf, regardless of whether such wrapping paper or wrapping leaf contains nicotine, that is, or is held out to be, impregnated or scented with, or aged or dipped in, alcoholic liquor, chocolate, any fruit flavoring, vanilla or honey, in any combination.
(c) No person shall sell, give away, barter, exchange or otherwise furnish to any other person any flavored liquid nicotine product.
(d) Any person who violates this section shall be subject to a fine of not less than $1,000.00 nor more than $5,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
Chicago Municipal Code § 3-47-020 Definitions
Effective: 9/19/18 – Through: 6/1/23
Whenever any of the following words, terms, or phrases are used in this chapter, they shall have the following meanings:
“Department” means the department of finance of the City.
“Electronic cigarette” has the meaning ascribed to that term in Section 7-32-010 of this Code.
“Liquid nicotine product” means: (1) any electronic cigarette (i) containing liquid, gel, salt-based nicotine liquid, or other solution that contains nicotine, or (ii) packaged with a liquid, gel, salt-based nicotine liquid, or other solution that contains nicotine; and (2) any other container of liquid, gel, salt, salt-based nicotine liquid, or other solution where the liquid, gel, salt-based nicotine liquid, or other solution (i) contains nicotine and (ii) is intended to be utilized in an electronic cigarette. The term “liquid nicotine product” does not include any product regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 301, et seq.
“Product unit” means each individual liquid nicotine product, without regard to whether the product is sold as a single piece or as multiple pieces within the same package.
“Purchaser” means any person who purchases in a retail sale.
“Retail liquid product nicotine dealer” or “retailer” means any person who engages in the business of the retail sale of liquid nicotine products in the City.
“Retail sale” means any sale to a person for use or consumption, and not for resale.
“Sale” or “purchase” means any transfer of ownership or title or both, any exchange or barter, in any manner or by any means whatsoever for a valuable consideration.
“Wholesale liquid nicotine product dealer” or “wholesaler” means any person who engages in the business of selling or supplying liquid nicotine products to any person for resale in the City.
Chicago Municipal Code § 4-64-100 Definitions
Effective: 1/17/23 – Through: 6/1/23
As used in this Chapter 4-64, unless the context clearly indicates that another meaning is intended:
“Bidi cigarette” means a product that: (1) contains tobacco that is wrapped in temburni or tendu leaf, or is wrapped in any other material, identified in rules duly promulgated by the Commissioner of Health, that is similar in appearance or other characteristics to the temburni or tendu leaf; and (2) does not contain a smoke filtering device.
“Cigar” means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco (other than any roll of tobacco that is a cigarette as defined in this section), and includes cheroots and stogies.
“Cigarette” has the meaning ascribed to that term in Section 3-42-010.
“Cigarette vending machine” means any mechanical device used for retail sales of tobacco products, the operation of which is governed or controlled by use of currency, a coin, a token, or a credit or debit card.
“Commissioner” means the Commissioner of Business Affairs and Consumer Protection or the Commissioner’s designee.
“Covered business activity” has the meaning ascribed to that term in Section 4-64-200(a)(1).
“Department” means the Department of Business Affairs and Consumer Protection.
“Department of Public Health” means the Department of Public Health of the City of Chicago.
“Electronic cigarette(s)” shall have the meaning ascribed to that term in Section 7-32-010.
“Electronic cigarette accessories” means any cartridges, cartomizers, clearomizers, tips, atomizers, electronic smoking device batteries, electronic cigarette chargers, and any other item specifically designed for the preparation, charging, or use of electronic cigarettes.
“Flavored liquid nicotine product” means any liquid nicotine product that contains a constituent that imparts a characterizing flavor. As used in this definition, the term “characterizing flavor” means a distinguishable taste or aroma, imparted either prior to or during consumption of a liquid nicotine product, including but not limited to tastes or aromas of menthol, mint, wintergreen, chocolate, vanilla, honey, cocoa, any candy, any dessert, any alcoholic beverage, any fruit, any herb, or any spice, but shall not include the taste or aroma of tobacco. No liquid nicotine product shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. A public statement or claim made or disseminated by the manufacturer of a liquid nicotine product, or by any person authorized or permitted by the manufacturer to make or disseminate such statement or claim, that a liquid nicotine product has or produces a characterizing flavor shall establish that the liquid nicotine product is a flavored liquid nicotine product.
“Flavored tobacco product” means any tobacco product, other than a liquid nicotine product, that contains a constituent that imparts a characterizing flavor. As used in this definition, the term “characterizing flavor” means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product including but not limited to tastes or aromas of menthol, mint, wintergreen, chocolate, vanilla, honey, cocoa, any candy, any dessert, any alcoholic beverage, any fruit, any herb, or any spice. No tobacco product shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate such statement or claim, that a tobacco product has or produces a characterizing flavor shall establish that the tobacco product is a flavored tobacco product.
“Illegal sale of cigarettes” means any violation of Sections 3-42-020(d), 4-64-345 or 4-64-350.
“Large cigar” means any cigar weighing at least four pounds per one thousand units.
“Liquid nicotine product” means: (1) any electronic cigarette (i) containing liquid, gel, salt-based nicotine liquid, or other solution that contains nicotine, or (ii) packaged with a liquid, gel, salt-based nicotine liquid, or other solution that contains nicotine; or (2) any other container of liquid, gel, salt, salt-based nicotine liquid, or other solution where the liquid, gel, salt-based nicotine liquid, or other solution (i) contains nicotine and (ii) is intended to be utilized in an electronic cigarette. The term “liquid nicotine product” does not include any product regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act, 21, U.S.C. § 301, et seq.
“Little cigar” means any cigar weighing less than four pounds per one thousand units.
“Other tobacco product(s)” means any tobacco product other than cigarettes, as those terms are defined in this section.
“Package” means the original packet, box, tin, or other container used to contain and convey cigarettes or other tobacco products to the consumer.
“Person” means an individual, firm, partnership, joint venture, association, corporation, estate, trust, trustee, or any other group or combination acting as a unit, excepting the United States of America, the State of Illinois, and any political subdivision thereof.
“Pipe tobacco” means any tobacco which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco to be smoked in a traditional pipe. For the purposes of Article VIII of this Chapter, the term “pipe tobacco” shall not include tobacco typically used in a water pipe, such as a hookah.
“Price reduction instrument” means any coupon, voucher, rebate, card, paper, note, form, statement, ticket, image or other issue, whether in paper, digital, or any other form, used for commercial purposes to receive an article, product, service, or accommodation without charge or at a discounted price.
“Price floor” means the minimum price including all applicable taxes for which a tobacco product or package of tobacco products may be sold by a retail tobacco dealer.
“Retail tobacco dealer” means any person selling, offering for sale, exposing for sale or keeping with the intention of selling or exchanging at retail, tobacco products, electronic cigarette accessories, or tobacco accessories in the City.
“Retail vape store” means a retail establishment that derives more than 20 percent of its gross revenue from the sale, in any combination, of electronic cigarettes, liquid nicotine products, or electronic cigarette accessories.
“Self-service display” means the open display or storage of tobacco products in a manner that is physically accessible in any way to a member of the general public without a direct person-to-person transfer involving a retail tobacco dealer or his agent. A vending machine is a form of self-service display.
“Smokeless tobacco” means any kind and form of tobacco product that is not intended to be smoked including snuff, snus, and chewing tobacco.
“Smoking tobacco” means any tobacco which, because of its appearance, type, packaging or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes or cigars, or for use as wrappers thereof, or for use in a water pipe such as a hookah. For the purposes of Article VIII of this Chapter, the term “smoking tobacco” shall not include pipe tobacco, as that term is defined in this section.
“Substantial ownership or controlling interest” has the meaning ascribed to that term in subsection (b) of Section 4-4-289.
“Tobacco accessories” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of tobacco products.
“Tobacco product” means any electronic cigarette as defined herein or component or part thereof or any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from tobacco or any other source, which product is intended to enable human consumption of the tobacco or nicotine, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For purposes of this Chapter 4-64, the term “tobacco product” excludes any product that has been specifically approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.
“Tobacco product sample” or “tobacco product sampling” means a tobacco product distributed to members of the general public at no cost or at nominal cost for product promotional purposes.
“Tobacco product sampling” means the distribution of tobacco product samples to members of the general public.
“Underage tobacco violation(s)” means any violation of Section 4-64-345, Section 4-64-360, or Section 4-64-500(4)(i).
“Wholesale tobacco dealer” means any person making, manufacturing or jobbing cigars within the City, or selling, offering for sale, exposing for sale, or keeping with the intention of selling or exchanging or delivering at wholesale, within the City or to any retailer located within the City, any tobacco, snuff, cigars, cigarettes or cigarette papers, including leaf tobacco or any preparations containing tobacco.
Chicago Municipal Code § 7-32-010 Definitions
Effective: 11/23/20 – Through: 6/1/23
For the purposes of this Chapter, the following definitions shall apply:
“Bar” means an establishment which has as its primary business the serving of alcoholic beverages for consumption by guests on the premises. “Bar” includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.
“Department” means the City of Chicago Department of Public Health.
“Electronic cigarette” means any electronically actuated device which in operation causes the user to exhale any smoke, vapor, or other substance other than those produced by unenhanced human exhalation. “Electronic cigarette” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or under any other product name or descriptor. The term “electronic cigarette” does not include any asthma inhaler or other device that has been specifically approved by the United States Food and Drug Administration.
“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 nonprofit entity.
“Employer” means a person, business, partnership, association, or corporation, including a municipal corporation, trust, or nonprofit 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 imitation, 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.
“Event site for professional, collegiate, high school or organized amateur sporting events” means the entire physical area in which such sporting events occur. The event site shall include all open spaces and enclosed or partially enclosed sports arenas, including, but not limited to playing fields, dugouts, bullpens, training rooms, locker rooms, team bench areas, spectator seating areas, pedestrian walkways, bathrooms, dining areas, vendor areas, offices, and recreational areas.
“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, assisted living establishments as defined in Section 4-6-100(a), long-term care facilities as defined in Section 4-6-100(a), adult family care homes as defined in Section 4-6-100(a), 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.
“Live theatre location” means any building, playhouse, room, hall, or other place utilized by live performers to present artistic representations of real or imagined events in front of a live audience.
“Performance space” means the portion or portions of a live theater location where performances occur. “Performance space” excludes all other portions of live theatre locations, including, but not limited to, hallways, lobbies, and public restrooms.
“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 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.”
“Private club” means a not-for-profit association, whether incorporated or not, that (1) is the owner, lessee, or occupant of a building or portion thereof used for club purposes, and (2) is operated for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain. For purposes of this definition, the term “private club” includes 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.
“Professional, collegiate, high school or organized amateur sporting events” includes: (1) baseball, softball, football, basketball, hockey, track and field, field hockey, lacrosse and soccer; and (2) any other game or other athletic competition organized by a league or association of persons.
“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 City of Chicago, or any other public entity and regardless of whether a fee is charged for admission, including a minimum distance 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 City of Chicago or City subcontract, healthcare facilities or clinics, enclosed shopping centers, retail service establishments, financial institutions, 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: (1) that derives more than 80 percent of its gross revenue from the sale, in any combination, of loose tobacco, cigarettes, cigarillos, cigars, pipes, other smoking devices and accessories, hookahs and related products, or electronic cigarettes and related products, components or parts thereof; and (2) in which the sale of products other than those listed in item (1) of this definition is merely incidental. The term “retail tobacco store” does not include a tobacco department or section of a larger commercial establishment or any establishment with a liquor or retail food establishment license.
“Smoke” or “smoking” means either (1) the carrying, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted smoking equipment; or (2) the use of any electronic cigarette.
“Smokeless tobacco” means any product that contains cut, ground, powdered, or leaf tobacco and is intended to be placed in the oral or nasal cavity, including but not limited to, snuff chewing tobacco, dipping tobacco, dissolvable tobacco products and snus.
“Theatre actor” means an individual in the process of presenting an artistic representation of real or imagined events in front of a live audience, or in the process of rehearsing to do the same. The term “theatre actor” applies to both women and men.
“Use of smokeless tobacco” means the placing of any smokeless tobacco in the oral or nasal cavity.
(Added Coun. J. 2-6-08, p. 20615, § 1; Amend Coun. J. 5-9-12, p. 27485, § 161; Amend Coun. J. 1-15-14, p. 73351, § 4; Amend Coun. J. 3-16-16, p. 19435, § 2; Amend Coun. J. 4-18-18, p. 76348, § 22; Amend Coun. J. 11-24-20, p. 24003, Art. I, § 1)
7-32-015 Smoking in public places, places of employment and governmental vehicles prohibited.
Unless an exemption contained in Section 035 of this chapter specifically applies, no person shall smoke in a public place or in any place of employment. No person may smoke in any vehicle owned, leased, or operated by the City of Chicago.
Chicago Municipal Code § 4-64-515 Prohibited locations – Retail tobacco dealers
Effective: 1/17/23 – Through: 6/1/23
(a) No person engaged in the business of retail tobacco dealer shall sell, give away, barter, exchange or otherwise deal in tobacco products, tobacco accessories, or electronic cigarettes accessories at any location that has a property line within 100 feet of the property line of any building or other location used primarily as a school, child care facility, or for the education or recreation of children under 18 years of age.
(b) No person engaged in the business of retail tobacco dealer shall sell, give away, barter, exchange, or otherwise deal in flavored tobacco products, tobacco accessories, or electronic cigarettes accessories at any location that has a property line within 500 feet of the property line of any public, private, or parochial secondary school located in the City of Chicago. This subsection (b) shall not apply to retail tobacco stores. For purposes of this subsection, “retail tobacco store” has the meaning ascribed to that term in Section 7-32-010.
(c) The Commissioner of Business Affairs and Consumer Protection shall not issue any new tobacco license to engage in the business of retail tobacco dealer at any location that has a property line within 500 feet of the property line of any public, private, or parochial secondary school located in the City of Chicago. This subsection (c) shall not apply to: (1) renewals of licenses existing as of December 31, 2016, or (2) applications for a new tobacco license to engage in the business of retail tobacco dealer pursuant to a purchase of a retail tobacco business at a location that holds such a license on or after December 31, 2016.
(d) Except for businesses holding a valid retail tobacco dealer license on February 4, 2023, the Commissioner of Business Affairs and Consumer Protection shall not issue any new retail tobacco dealer license for a retail tobacco store, as defined by Section 7-32-010, that has a property line within 1,000 feet of the property line of any existing retail tobacco store, as defined by Section 7-32-010. This section shall not apply to: (1) renewals of licenses existing as of February 4, 2023; or (2) applications for a new retail tobacco dealer license pursuant to a purchase of a retail tobacco business at a location that holds such a license on or after February 4, 2023.
(e) Except for businesses holding a valid retail tobacco dealer license on February 4, 2023, the Commissioner of Business Affairs and Consumer Protection shall not issue any new retail tobacco dealer license for a retail vape store that has a property line within 1,000 feet of the property line of any existing licensed retail tobacco dealer. This section shall not apply to: (1) renewals of licenses existing as of February 4, 2023; or (2) applications for a new retail tobacco dealer license pursuant to a purchase of a retail tobacco business at a location that holds such a license on or after February 4, 2023.
(f) The Commissioner of Business Affairs and Consumer Protection and the Commissioner of Health are hereby authorized to promulgate rules necessary or appropriate to enforce this section.

Chicago City Council Resolution R2017-727
Effective: 9/6/17 – Through: 6/1/23
WHEREAS, The City of Chicago has identified the need to create a local, sustainable, accessible, fair, and healthy food system in order to provide healthy food choices in public buildings and at government-supported meetings and events; and

WHEREAS, Creating such a food system has emerged as a strategy in Healthy Chicago 2.0, a four-year plan launched in 2016 by Mayor Rahm Emanuel and the City’s Department of Public Health in collaboration with numerous experts, advocates, healthcare providers, community members, and other stakeholders across the City; and

WHEREAS, The Chicago Metropolitan Agency for Planning has recommended the creation and promotion of a sustainable local food system; and

WHEREAS, The City of Chicago works to improve the health of all its residents, and to promote safe, healthy and fair work environments for its workforce. The creation of a sustainable local food system supports these efforts and promotes a productive environment and animal welfare; and

WHEREAS, The Good Food Purchasing Program (“GFPP”) was developed in 2012 to incentivize public institutions to procure Good Food produced through values-driven purchasing standards; and

WHEREAS, GFPP defines Good Food as food that is healthy, affordable, fair, and sustainable. Good Food is produced, processed, distributed, and recycled locally using the principles of environmental stewardship (in terms of water, soil, and pesticide management); meets the Dietary Guidelines for Americans, and is available to purchase for all income levels; and

WHEREAS, Good Food values prioritize nutrition, affordability, locality, and sustainable production practices. Including sound environmental practices, fair prices for producers, safe and fair working conditions for employees, and humane conditions for animals; and

WHEREAS, All participants in the GFPP food supply chain receive fair compensation and fair treatment and are free from exploitation; and

WHEREAS, Good Food Purchasing refers to the sourcing and purchasing of foods and beverages, and food and beverage service contracts, procured by City Departments and Agencies; and

WHEREAS, In practicing Good Food Purchasing policies, the City of Chicago will help support a regional food system that is ecologically sound, economically viable and socially responsible, and has an impact on the availability of local, sustainable food; and

WHEREAS, It is recognized that the significant buying power of public institutions across the Country can reform the food system, create opportunities for smaller farmers and low-income entrepreneurs to thrive, provide just compensation and fair treatment for food chain workers, support sustainable farming practices, reward good environmental stewardship, and increase access to fresh and healthy foods; now, therefore.

BE IT RESOLVED, That the City of Chicago embraces the GFPP as a strategy to help improve our region’s food system through the adoption and implementation of Good Food Purchasing Standards, which emphasize values that would:

1. support small and mid-sized agricultural and food processing operations within the local area or region;

2. support producers that employ sustainable production systems that reduce or eliminate synthetic pesticides and fertilizers; avoid the use of hormones, antibiotics, and genetic engineering; conserve soil and water; protect and enhance wildlife habitat and biodiversity; and reduce on-farm energy consumption and greenhouse gas emissions;

3. provide safe and healthy working conditions and fair compensation for all food chain workers and producers from production to consumption;

4. provide healthy and humane care for farm animals; and 5. promote health and well-being by offering generous portions of vegetables, fruit, and whole grains; reducing salt, added sugars, fats, and oils; and by eliminating artificial additives; and BE

IT FURTHER RESOLVED, That City Departments and Agencies requiring the procurement or service contracting of foods may adopt Good Food Purchasing Standards, which include options and levels within each of these five value categories, as a framework for guiding values-driven purchasing; and

BE IT FURTHER RESOLVED, That all relevant City Departments and Agencies, with assistance from the Chicago Department of Public Health, Chicago Department of Planning and Development, Center for Good Food Purchasing, Chicago Food Policy Action Council, and other relevant stakeholders, may take the following steps in support of the purchasing of Good Food;

1. Within 12 months of the adoption of this resolution, communicate Good Food Purchasing Standards to appropriate and selected suppliers, including distributors and foodservice companies, and request them to share data that will help the City complete a baseline Good Food Purchasing assessment of food procurement practices;

2. Within 6 months after the baseline assessment has been completed, develop and adopt a multi-year action plan with benchmarks to measure success towards Good Food Purchasing Standards, including accountability systems with appropriate vendors or distributors to verify sourcing commitments and assess current food procurement practices;

3. To the extent permitted by law, within 6 months after the baseline assessment has been completed, incorporate Good Food Purchasing Standards into new procurement requests and contracts for City Departments and Agencies that have previously participated in the baselining process as outlined in Clause 1; and

4. Commit to full and robust analysis and implementation of the Good Food Purchasing Standards;

BE IT FURTHER RESOLVED, That participating City Departments and Agencies shall provide progress reports, including compliance data, to the City Council, acting through its Committee on Health and Environmental Protection, upon the request of that Committee.

Chicago Healthy Vending Machine Policy
Effective: 1/1/13 – Through: 6/1/23
High Calorie Beverage: Any beverage with more than 25 calories per each 8 ounces of beverage.

Standards for Beverages Cold Beverages

The following four criteria must be met for all vended cold beverages:

Specifications regarding the product mix:

No more than 25% of the product options in a vending machine may be High Calorie Beverages.

Unsweetened water is required to be stocked for a minimum of 25% of the product options in a vending machine.

All remaining product options must be beverages containing less than or equal to 25 calories per each 8 ounces of beverage.

Specifications regarding product display placement:

Unsweetened water must be placed in the positions with high selling potential based upon the Plan-O-Gram.

High Calorie Beverages must be placed in the positions with low selling potential based upon the Plan-O-Gram.

Specifications regarding size:

All beverage selections with the exception of water and seltzer are limited to 12 ounces.

All unsweetened water and seltzer selections must be at least 12 ounces.

Portion sizes smaller than 12 ounces are encouraged for High Calorie Beverages.

Specifications regarding price:

A) Prices charged for beverages other than High Calorie Beverages cannot exceed the prices charged for High Calorie Beverages.

B) Pricing models that encourage the purchase of beverages other than High Calorie Beverages are recommended.

Hot Beverages

The following criteria must be met for all vended hot beverages, including but not limited to coffee and hot chocolate:

1. Specifications regarding the product mix:

All product options must be beverages containing less than or equal to 25 calories per each 8 ounces of beverage.

If condiments are separately stocked or offered, they must meet the following criteria:

Milk and creamer products (including non-dairy creamer) must be either 1 % or non-fat.

Sugar and sugar-substitutes are acceptable.

All beverages and condiments must contain less than 0.5 grams of trans fat per serving.

Standards for Food Items

The following four criteria must be met for all vended food items:

1. Specifications regarding the product mix:

A) At least 75% of the food items in a vending machine must meet the following criteria. Nuts, seeds, dairy products, fresh fruits and vegetables, dried fruits and vegetables, and packaged fruit packed in its own juice or water need not meet these criteria due to their healthy fats and natural sugars, and may be included in the 75% of food items that meet these criteria. Gum may not be included in the 75% of food items that meet these criteria:

Have no more than 250 total calories, and no more than two servings per package.

Have no more than 42 grams of added sweetener per 20 ounce serving.

Have no more than 35% of total calories from fat, and not more than 10% of calories from saturated fat.

Have no more than 35% sugar by weight.

Have no more than 400 mg of sodium per serving.

At least five food items must be offered in a vending machine containing less than 250 mg of sodium per serving.

At least one food item must be offered in a vending machine that is both gluten- and nut-free.

410 Ill. Comp. Stat. 82/15. Smoking in public places, places of employment, and governmental vehicles prohibited
Effective: 2/4/09 – Through: 1/1/24
Smoking in public places, places of employment, and governmental vehicles prohibited. No person shall smoke in a public place or in any place of employment or within 15 feet of any entrance to a public place or place of employment. No person may smoke in any vehicle owned, leased, or operated by the State or a political subdivision of the State. An owner shall reasonably assure that smoking is prohibited in indoor public places and workplaces unless specifically exempted by Section 35 of this Act.

410 Ill. Comp. Stat. 82/5 Findings
Effective: 1/1/08 – Through: 1/1/24
The General Assembly finds that tobacco smoke is a harmful and dangerous carcinogen to human beings and a hazard to public health. Secondhand tobacco smoke causes at least 65,000 deaths each year from heart disease and lung cancer according to the National Cancer Institute. Secondhand tobacco smoke causes heart disease, stroke, cancer, sudden infant death syndrome, low-birth-weight in infants, asthma and exacerbation of asthma, bronchitis and pneumonia in children and adults. Secondhand tobacco smoke is the third leading cause of preventable death in the United States. Illinois workers exposed to secondhand tobacco smoke are at increased risk of premature death. An estimated 2,900 Illinois citizens die each year from exposure to secondhand tobacco smoke.

The General Assembly also finds that the United States Surgeon General’s 2006 report has determined that there is no risk-free level of exposure to secondhand smoke; the scientific evidence that secondhand smoke causes serious diseases, including lung cancer, heart disease, and respiratory illnesses such as bronchitis and asthma, is massive and conclusive; separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate secondhand smoke exposure; smoke-free workplace policies are effective in reducing secondhand smoke exposure; and smoke-free workplace policies do not have an adverse economic impact on the hospitality industry.

The General Assembly also finds that the Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are capable only of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke. The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) bases its ventilation standards on totally smoke-free environments because it cannot determine a safe level of exposure to secondhand smoke, which contains cancer-causing chemicals, and ASHRAE acknowledges that technology does not exist that can remove chemicals that cause cancer from the air. A June 30, 2005 ASHRAE position document on secondhand smoke concludes that, at present, the only means of eliminating health risks associated with indoor exposure is to eliminate all smoking activity indoors.

225 Ill. Comp. Stat. 10/5.5 Smoking in day care facilities
Effective: 8/11/15 – Through: 1/1/24
(a) The General Assembly finds and declares that:

(1) The U.S. government has determined that secondhand tobacco smoke is a major threat to public health for which there is no safe level of exposure.

(2) The U.S. Environmental Protection Agency recently classified secondhand tobacco smoke a Class A carcinogen, ranking it with substances such as asbestos and benzene.

(3) According to U.S. government figures, secondhand tobacco smoke is linked to the lung-cancer deaths of an estimated 3,000 nonsmokers per year.

(4) Cigarette smoke is a special risk to children, causing between 150,000 and 300,000 respiratory infections each year in children under 18 months old, and endangering between 200,000 and one million children with asthma.

(5) The health of the children of this State should not be compromised by needless exposure to secondhand tobacco smoke.

(b) It is a violation of this Act for any person to smoke tobacco in any area of a day care center.

(c) It is a violation of this Act for any person to smoke tobacco in any area of a day care home or group day care home.

(d) It is a violation of this Act for any person responsible for the operation of a day care center, day care home, or group day care home to knowingly allow or encourage any violation of subsection (b) or (c) of this Section.

(Source: P.A. 99-343, eff. 8-11-15.)

410 Ill. Comp. Stat. 82/10. Definitions
Effective: 1/1/20 – Through: 12/31/23
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. “Smoke” or “smoking” does not include smoking that is associated with a native recognized religious ceremony, ritual, or activity by American Indians that is in accordance with the federal American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a.

“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.

410 Ill. Comp. Stat. 82/65. Home rule and other local regulation
Effective: 1/1/08 – Through: 1/1/24
(a) Any home rule unit of local government, any non-home rule municipality, or any non-home rule county within the unincorporated territory of the county may regulate smoking in public places, but that regulation must be no less restrictive than this Act. This subsection (a) is a limitation on the concurrent exercise of home rule power under subsection (i) of Section 6 of Article VII of the Illinois Constitution.

(b) In addition to any regulation authorized under subsection (a) or authorized under home rule powers, any home rule unit of local government, any non-home rule municipality, or any non-home rule county within the unincorporated territory of the county may regulate smoking in any enclosed indoor area used by the public or serving as a place of work if the area does not fall within the definition of a “public place” under this Act.

410 Ill. Comp. Stat. 82/35 Exemptions
Effective: 12/4/19 – Through: 12/31/23
Notwithstanding any other provision of this Act, smoking is allowed in the following areas:

(1) Private residences or dwelling places, except when used as a child care, adult day care, or healthcare facility or any other home-based business open to the public.

(2) Retail tobacco stores as defined in Section 10 of this Act in operation prior to the effective date of this amendatory Act of the 95th General Assembly. The retail tobacco store shall annually file with the Department by January 31st an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, or other smoking devices for smoking tobacco and related smoking accessories. Any retail tobacco store that begins operation after the effective date of this amendatory Act may only qualify for an exemption if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited. A retail tobacco store may, with authorization or permission from a unit of local government, including a home rule unit, or any non-home rule county within the unincorporated territory of the county, allow the on-premises consumption of cannabis in a specially designated areas.

(3) (Blank).

(4) Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms, provided that all smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into nonsmoking rooms or other areas where smoking is prohibited. Not more than 25% of the rooms rented to guests in a hotel or motel may be designated as rooms where smoking is allowed. The status of rooms as smoking or nonsmoking may not be changed, except to permanently add additional nonsmoking rooms.

(5) Enclosed laboratories that are excluded from the definition of “place of employment” in Section 10 of this Act. 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.

(6) Common smoking rooms in long-term care facilities operated under the authority of the Illinois Department of Veterans’ Affairs or licensed under the Nursing Home Care Act that are accessible only to residents who are smokers and have requested in writing to have access to the common smoking room where smoking is permitted and the smoke shall not infiltrate other areas of the long-term care facility. 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.

(7) A convention hall of the Donald E. Stephens Convention Center where a meeting or trade show for manufacturers and suppliers of tobacco and tobacco products and accessories is being held, during the time the meeting or trade show is occurring, if the meeting or trade show:

(i) is a trade-only event and not open to the public;

(ii) is limited to attendees and exhibitors that are 21 years of age or older;

(iii) is being produced or organized by a business relating to tobacco or a professional association for convenience stores; and

(iv) involves the display of tobacco products.

Smoking is not allowed in any public area outside of the hall designated for the meeting or trade show.

This paragraph (7) is inoperative on and after October 1, 2015.

(8) A dispensing organization, as defined in the Cannabis Regulation and Tax Act, authorized or permitted by a unit local government to allow on-site consumption of cannabis, if the establishment: (1) maintains a specially designated area or areas for the purpose of heating, burning, smoking, or lighting cannabis; (2) is limited to individuals 21 or older; and (3) maintains a locked door or barrier to any specially designated areas for the purpose of heating, burning, smoking or lighting cannabis.

Cook County, IL, Ch. 38, Art. IX, Div. 1, § 38-206 Where smoking is not regulated
Effective: 4/12/17 – Through: 1/1/24
Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt from the provisions of this Division, provided smoking is not limited in such areas under the Illinois Clean Indoor Air Act:

(1) Private residences, except when used as a licensed childcare, adult care facility, health care facility, or a home-based business of any kind open to the public.

(2) Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms provided that all smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into nonsmoking rooms or other areas where smoking is prohibited. Not more than 25 percent of the rooms rented to guests in a hotel or motel may be so designated. The status of rooms as smoking or nonsmoking may not be changed, except to permanently add additional nonsmoking rooms.

(3) Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed or to remain, as the case may be, in a room where smoking is permitted and the smoke shall not infiltrate other areas of the nursing home.

Cook County, IL, Ch. 38, Art. IX, Div. 1, § 30-205 Prohibition of smoking in public places
Effective: 4/12/17 – Through: 1/1/24
(a) Smoking in public places. Smoking shall be prohibited in all enclosed public places and places of employment within the County of Cook, including, without limitation, the following places:(1) Arcades.

(2) Aquariums, galleries, libraries, and museums.

(3) Bars/taverns.

(4) Bingo facilities.

(5) Bowling alleys.

(6) Convention facilities.

(7) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance.

(8) Health care facilities and adult day care facilities.

(9) Day care centers, nursery schools, elementary schools, high schools, community colleges, technical training establishments, specialty schools, colleges, and universities.

(10) Lobbies, hallways and other common areas in apartment buildings, condominiums and enclosed common areas in trailer parks.

(11) Polling places.

(12) Public transportation under the authority of government agencies, including without limitation buses, trains, taxicabs, and limousines, and ticket boarding and waiting areas of public transit stations.

(13) Restaurants, including if applicable, a restaurant bar area.

(14) Restrooms, lobbies, reception areas, hallways, and other enclosed common-use areas.

(15) Public elevators and all retail stores where merchandise is displayed and offered for sale.

(16) Rooms, chambers, places of meeting or public assembly, including without limitation school buildings, under the control of an agency, board, commission, committee or council or a political subdivision of the State, to the extent the place is subject to the jurisdiction of the County.

(17) Service lines.

(18) Shopping malls.

(19) Sports arenas or recreational areas, including without limitation, enclosed places in outdoor areas.

(20) Grocery stores.

(21) Public meetings.

(22) Gymnasiums.

(23) Gaming facilities.

(24) Public and private school buildings.

(25) Private clubs or lodges.

(b) Reasonable distance. Smoking is prohibited within 15 feet of any entrance, exit, windows that open or ventilation intakes to an enclosed area in which smoking is prohibited.

Cook County, IL, Ch. 38, Art. IX, Div. 1, § 38-203 Definitions
Effective: 4/12/17 – Through: 1/1/24
The following words and phrases, wherein used in this division, shall have the following meanings:

Arcade means a place of amusement, which contains four or more automatic amusement devices and is not licensed to serve alcoholic liquor.

Bar/tavern means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests and patrons on the premises and does not have an on-site kitchen to prepare food. Food service is limited to providing snack items or commercially prepared or wrapped foods that require no preparation.

Business means any sole proprietorship, partnership, joint venture, corporation, limited liability company or other business entity formed for profit-making purposes, including without limitation retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.

Cook County facilities or County facilities means all Cook County owned or leased facilities, including, without limitation, Cook County facilities housing administrative offices, courthouses, detention facilities, clinics, hospitals, jails, storage facilities, garages and field locations.

Electronic cigarette means any electronically activated device which in operation causes the user to exhale any smoke, vapor, or other substance other than those produced by unenhanced human exhalation. “Electronic Cigarette” includes any device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or under any other product name or descriptor. The term “electronic cigarette” does not include any asthma inhaler or other device that has been specifically approved by the United States Food and Drug Administration.

Employee means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit and a person who volunteers his or her services for a nonprofit entity.

Employer means any person, business, partnership, association, corporation, including without limitation a municipal corporation, trust, or nonprofit entity that employs the services of one or more individual persons.

Enclosed area means all space between a floor and ceiling that is enclosed or semi-enclosed with (i) solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling, or (ii) solid walls with half wall partition and no windows (exclusive of doorways) without limitation to lobbies and corridors.

Enclosed or semi-enclosed sports arena or recreational area means any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller and ice rink, bowling alley and other similar places where members of the general public assemble either to engage in physical exercise, or participate in athletic competition or recreational activity, to witness sports, cultural, recreational or other events.

Health-care facility means any office or institution providing medical care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including without limitation hospitals, clinics, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists and all specialists within these professions. The definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.

Place of employment means any enclosed area under the control of a public or private employer that employees frequent during the course of employment, including, without limitation, work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways and vehicles. A private residence is not a place of employment unless it is used as a childcare, adult day care, health care facility, or home-based business of any kind open to the public.

Private club or lodge means any not-for-profit association that: (i) has been in active and continuous existence for at least three years; and (ii) has a membership roll of more than 50 bona fide members who pay membership dues on an annual or other periodic basis. For purposes of this section bona fide members do not include members who pay membership dues at the time of an amusement produced, presented or conducted by the club or lodge or in conjunction with contracting for production, presentation or conduct of an amusement by the club, as a condition to entering the premises where the amusement is produced, presented or conducted.

Private function means a gathering of persons for the purpose of deliberation, education, instruction, entertainment, amusement or dining where membership or specific invitation is a prerequisite to entry and where the event is not intended to be open to the public.

Public place means any enclosed area to which the public is invited or in which the public is permitted, including without limitation banks, educational facilities, government buildings (excluding County Facilities), health care facilities, laundromats, museums, public transportation facilities, reception areas, restaurants, bars/taverns, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a public place unless it is used as a childcare, adult daycare, health care facility, or home-based business of any kind open to the public.

Restaurant means an eating establishment, including without limitation coffee shops, cafeterias, sandwich shops, and private and public school cafeterias that gives or offers for sale, food to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term “restaurant” shall include a restaurant bar area.

Restaurant bar area means an area of a restaurant that is primarily devoted to the serving of alcoholic liquor.

Retail tobacco store means any retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental and where no one under 18 is permitted.

Secondhand smoke or involuntary smoking is a mixture of the smoke given off by the burning ends of a cigarette, pipe, cigar, bidis, and kreteks (sidestream smoke) and the smoke emitted at the mouthpiece and exhaled from the lungs of smokers (mainstream smoke).

Service line means any indoor line at which one or more persons are waiting for or receiving services of any kind, whether or not the service involves the exchange of money.

Shopping mall means any enclosed walkway or hall area that serves to connect retail or professional establishments.

Smoke or smoking for the purposes of this division, means either:

(1)The carrying, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, or other lighted tobacco product in any manner or in any form; or(2)The use of any electronic cigarette.

Tobacco product for the purposes of this division, means any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from tobacco, which product is intended to enable human consumption of the tobacco or nicotine, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by other means. The term “Tobacco products” excludes any product that has been specifically approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.

Chicago, IL § 7-32-005 Title.
Effective: 2/6/08 – Through: 1/1/24
This chapter shall be known as the Chicago Indoor Air Ordinance of 2008.

Chicago, IL Chapter 7-32-015 Smoking in public places, places of employment and governmental vehicles prohibited.
Effective: 2/6/08 – Through: 1/1/24
Unless an exemption contained in Section 035 of this chapter specifically applies, no person shall smoke in a public place or in any place of employment. No person may smoke in any vehicle owned, leased, or operated by the City of Chicago.

Chicago, IL § 7-32-010 Definitions
Effective: 11/24/20 – Through: 1/1/24
For the purposes of this Chapter, the following definitions shall apply:

“Bar” means an establishment which has as its primary business the serving of alcoholic beverages for consumption by guests on the premises. “Bar” includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.

“Department” means the City of Chicago Department of Public Health.

“Electronic cigarette” means any electronically actuated device which in operation causes the user to exhale any smoke, vapor, or other substance other than those produced by unenhanced human exhalation. “Electronic cigarette” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or under any other product name or descriptor. The term “electronic cigarette” does not include any asthma inhaler or other device that has been specifically approved by the United States Food and Drug Administration.

“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 nonprofit entity.

“Employer” means a person, business, partnership, association, or corporation, including a municipal corporation, trust, or nonprofit 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 imitation, 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.

“Event site for professional, collegiate, high school or organized amateur sporting events” means the entire physical area in which such sporting events occur. The event site shall include all open spaces and enclosed or partially enclosed sports arenas, including, but not limited to playing fields, dugouts, bullpens, training rooms, locker rooms, team bench areas, spectator seating areas, pedestrian walkways, bathrooms, dining areas, vendor areas, offices, and recreational areas.

“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, assisted living establishments as defined in Section 4-6-100(a), long-term care facilities as defined in Section 4-6-100(a), adult family care homes as defined in Section 4-6-100(a), 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.

“Live theatre location” means any building, playhouse, room, hall, or other place utilized by live performers to present artistic representations of real or imagined events in front of a live audience.

“Performance space” means the portion or portions of a live theater location where performances occur. “Performance space” excludes all other portions of live theatre locations, including, but not limited to, hallways, lobbies, and public restrooms.

“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 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.”

“Private club” means a not-for-profit association, whether incorporated or not, that (1) is the owner, lessee, or occupant of a building or portion thereof used for club purposes, and (2) is operated for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain. For purposes of this definition, the term “private club” includes 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.

“Professional, collegiate, high school or organized amateur sporting events” includes: (1) baseball, softball, football, basketball, hockey, track and field, field hockey, lacrosse and soccer; and (2) any other game or other athletic competition organized by a league or association of persons.

“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 City of Chicago, or any other public entity and regardless of whether a fee is charged for admission, including a minimum distance 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 City of Chicago or City subcontract, healthcare facilities or clinics, enclosed shopping centers, retail service establishments, financial institutions, 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: (1) that derives more than 80 percent of its gross revenue from the sale, in any combination, of loose tobacco, cigarettes, cigarillos, cigars, pipes, other smoking devices and accessories, hookahs and related products, or electronic cigarettes and related products, components or parts thereof; and (2) in which the sale of products other than those listed in item (1) of this definition is merely incidental. The term “retail tobacco store” does not include a tobacco department or section of a larger commercial establishment or any establishment with a liquor or retail food establishment license.

“Smoke” or “smoking” means either (1) the carrying, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted smoking equipment; or (2) the use of any electronic cigarette.

“Smokeless tobacco” means any product that contains cut, ground, powdered, or leaf tobacco and is intended to be placed in the oral or nasal cavity, including but not limited to, snuff chewing tobacco, dipping tobacco, dissolvable tobacco products and snus.

“Theatre actor” means an individual in the process of presenting an artistic representation of real or imagined events in front of a live audience, or in the process of rehearsing to do the same. The term “theatre actor” applies to both women and men.

“Use of smokeless tobacco” means the placing of any smokeless tobacco in the oral or nasal cavity.

Chicago, IL Chapter 7-32-035 Exemptions
Effective: 1/15/14 – Through: 1/17/23
Notwithstanding any other provision of this chapter, smoking is allowed in the following areas:

(1) Private residences or dwelling places, except when used as a child care, adult day care, or healthcare facility or any other home-based business open to the public.

(2) Retail tobacco stores as defined in Section 010 of this chapter in operation prior to January 1, 2008. Any retail tobacco store that begins operation after January 1, 2008 may only qualify for an exemption if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited. Notwithstanding any other provision in this subsection, the use of electronic cigarettes is allowed in any retail tobacco store.

(3) Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms, provided that all smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into nonsmoking rooms or other areas where smoking is prohibited. Not more than 25% of the rooms rented to guests in a hotel or motel may be designated as rooms where smoking is allowed. The status of rooms as smoking or nonsmoking may not be changed, except to permanently add additional nonsmoking rooms.

In addition, theatre actors shall be allowed to use nicotine-free electronic cigarettes within performance spaces.

Chicago, Ill. Municipal Code § 4-60-010. Definitions.
Whenever the following words and phrases are used in this chapter, they shall have the meanings respectively ascribed to them in this section:
“Alcoholic liquor” means and includes alcohol, spirits, wine and beer.
“Caterer” includes a person who holds or is required to obtain a caterer’s liquor license pursuant to this chapter, as well as an outside caterer.
“Caterer’s liquor license” means a city retailer’s license for the sale of alcoholic liquor to be dispensed as part of an off-site catering business.
“City retailer’s license for the sale of alcoholic liquor” or city liquor dealer’s license” or “city retailer’s license” or “liquor license” means each liquor license category or classification described in this chapter unless otherwise expressly provided.
“Club” means a corporation organized under the laws of the state of Illinois, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors; which has been in active and continuous existence for at least three years and having a membership roll of more than 50 members with dues paid to date; kept, used and maintained by its members through the payment of annual dues, and owning or leasing a building or space in a building for the use of its members and provided with a suitable and adequate kitchen and dining room for cooking, preparing and serving meals for its members and their guests; and operated solely for objects of national or state-wide social, patriotic, recreational, benevolent or like purpose.
“Consumption on premises – incidental activity license” means a city license for the retail sale of alcoholic liquor for consumption on the premises at a place of business where the sale of alcoholic liquor is incidental or secondary to the primary activity of such place of business. Places of business within this license classification include, but are not limited to, restaurants, hotels, theaters providing live stage performances and bowling alleys. The holder of a consumption on premises – incidental activity license may sell package goods in the licensed premises if such sales are incidental or secondary to the primary activity of such business.
“Deleterious impact” means an adverse effect on the value of any property, an increased risk of violations of law, or a risk of a substantial increase in noise, litter, or vehicular congestion.
“Employee” means any agent, manager, clerk, entertainer, barkeeper, host, hostess, waiter, waitress or other such person employed by the licensed establishment, or any person hired or employed on a contractual basis by such establishment, or receiving any remuneration for services in such an establishment.
“Expanded establishment amended liquor license” means a city license issued pursuant to Section 4-60-110(c).
“Lakefront venue license” means a license issued for the sale at retail of alcoholic liquor at a location approved by the Chicago Park District other than exclusively within an enclosed, permanent structure having a tavern license or consumption on premises – incidental activity license.
“Late-hour license” means an additional privilege to remain open and permit the sale of alcoholic liquor for an extended period until 4:00 a.m. on Mondays through Saturdays and until 5:00 a.m. on Sundays, subject to the provisions governing a late-hour license.
“Legal voter” means a person who is determined by the department of business affairs and consumer protection to be duly registered to vote in the City of Chicago and, at the relevant time, a resident of the address in Chicago at which he or she is registered; provided that, for the purpose of providing notice under Section 4-60-050, “legal voter” means a person who has registered to vote and whose name appears on a poll list compiled by the Chicago Board of Elections Commissioners since the last preceding election regardless of whether primary general or special.
“Licensed establishment” means any place of business for which a city license for the retail sale of alcoholic liquor has been issued.
“Navy Pier liquor license” means a license for the retail sale of alcoholic liquor for consumption on the former municipal pier extending into Lake Michigan from the foot of East Grand Avenue other than within an enclosed, permanent structure having a tavern license or consumption on premises – incidental activity license. Navy Pier liquor licenses shall be in two classes: (a) mobile/temporary, which shall include all instances where the sale occurs at a stall, kiosk, pushcart or other temporary or mobile structure located on Navy Pier; and (b) outdoor/fixed seating, which shall include all service at outdoor seating areas of restaurants and taverns located on Navy Pier and all service at outdoor patios on Navy Pier.
“Off-site catering” means the preparation of food at one location for service at another location.
“Outside caterer” means a person who performs off-site catering by preparing food at a location outside the city for service at a location within the city.
“Outdoor patio” means the privately owned outdoor location adjacent to a premises licensed for consumption on the premises – incidental activity or as a tavern or club, where alcoholic liquor may be sold and consumed subject to the provisions governing outdoor patio licenses.
“Package goods license” means a city license for the retail sale of alcoholic liquor enclosed in the original bottle, jug, can, keg, cask or other receptacle or container, corked, capped or sealed and labeled by a manufacturer of alcoholic liquor, to contain and convey any alcoholic liquor.
“Patron” means any customer, patron or visitor of a licensed establishment who is not employed by the licensee of such establishment.
“Premises” means the place of business or other completely enclosed location particularly described in a liquor license where alcoholic liquor is stored, displayed, offered for sale or where drinks containing alcoholic liquor are mixed, concocted or poured and served for consumption. Premises does not include sidewalks, streets or other portions of the public way or private parking areas.
“Restaurant” means any other public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served pursuant to the required licenses and provided with adequate and sanitary kitchen and dining room equipment and capacity, and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable meals for its guests.
“Riverwalk Venue liquor license” means a license for the retail sale of alcoholic liquor for consumption at an approved location on the Chicago Riverwalk as defined in Section 4-60-074.
“Tavern license” means a city license for the retail sale of alcoholic liquor in an enclosed place of business kept, used, maintained, advertised and held out to the public as a place that primarily serves alcoholic liquor for consumption on the premises and in which providing entertainment or the serving of food is only incidental or secondary to the sale of alcoholic beverages for immediate consumption. The holder of a tavern license may sell package goods in the licensed premises if such sales are incidental to the sale of alcoholic liquor for consumption on the premises as the principal activity. Places of business within the tavern license classification include, but are not limited to, cocktail lounges, saloons and bars.
All words and phrases used in this chapter which are not defined herein shall have the meaning ascribed to such words and phrases in the act entitled “An Act relating to alcoholic liquors”, approved January 31, 1934, as amended.

Chicago, Ill. Municipal Code § 4-60-020. License required – Restricted areas.
(a) No person shall sell at retail any alcoholic liquor without first having obtained a city retailer’s license for each premises where the retailer is located to sell the same.
(b) No license shall be issued for the sale of alcoholic liquor, for consumption on the premises, in those areas designated by the Chicago Zoning Ordinance as a B3 District, if the premises sought to be licensed are within 400 feet of existing premises licensed for the sale of alcoholic liquor; said measurement shall be from property line to property line, for consumption on the premises; provided, however, that this prohibition shall not apply to hotels offering restaurant service, restaurants or clubs; nor to the renewal for issuance of a license for the sale of alcoholic liquor for consumption on the premises, where said place of business was established and licensed prior to the effective date of the ordinance codified in this chapter and has operated continuously subsequent to the effective date of the ordinance codified in this chapter.
(c) No license shall be issued to any person if the premises described in the license application are contained in a building or structure located in any B2 through B3 District that was previously licensed for the sale of alcoholic liquor, but which is vacant or unused and unlicensed for a continuous period of six months where the issuance of such license would constitute a nonconforming use in the district in which the building or structure is located.
(d) In addition to the restrictions cited in Section 6-11 of the Illinois Liquor Control Act of 1934, as amended, no license shall be issued for the sale of retail alcoholic liquor within 100 feet of any Chicago Public library, with the exception of the main and regional libraries, open to the public, said measurement shall be from property line to property line.
(1) The local liquor control commissioner (for purposes of this subsection (d), “commissioner”) may grant a reduction of the distance requirement in this subsection (d) if, based on a review of relevant factors, he concludes that such a reduction would not detrimentally impact the affected library. The grant of a distance reduction shall not exempt the applicant from any application requirement associated with issuance of a liquor license.
(2) Factors which the commissioner may consider with regard to an application for a distance reduction include, by way of example and not limitation: (i) the type of activity to be conducted at the establishment and the days and times during which such activity will take place, (ii) the size of the establishment and of the affected library, (iii) the availability of adequate parking for patrons of both the establishment and the affected library, (iv) whether the license sought is for consumption on premises or for package goods, (v) a report from the police regarding the location, as well as the history of activity conducted at or in conjunction with the premises and any associated infractions or violations of the municipal code, (vi) the relevant geography, (vii) the legal nature and history of the applicant, and (viii) the measures the applicant proposes to implement to maintain quiet and security in conjunction with the establishment.
(3) A person seeking a distance requirement reduction shall make a written submission to the commissioner as part of the liquor license application process, presenting all factors which the applicant believes to be relevant to whether a reduction is appropriate. Upon receiving a submission for a distance requirement reduction, the commissioner shall notify the affected alderman and solicit a recommendation based on the alderman’s analysis of relevant factors, and may seek additional information or supplementary proof from the applicant, and may also solicit information from the community and other public officials. The commissioner shall review the information provided to him and shall incorporate his decision regarding a distance reduction into his decision regarding whether to grant or deny the license.
(4) If the commissioner grants the application for a reduction, those factors that he deemed relevant to the determination may in his judgment be included in a plan of conduct. If the liquor license is granted, any such plan of conduct shall be deemed a part of the license, and compliance with the plan of conduct shall be a necessary condition to the continued validity of the license. Failure to comply with one or more elements of the plan of conduct shall subject the licensee to suspension or revocation of the liquor license.
(e) Where two or more premises are under the same roof or at one street address, a separate city retailer’s license shall be obtained for each such premises; provided, that nothing herein contained shall be so construed as to prevent any hotel operator licensed under the provisions of this chapter from serving alcoholic liquor to his registered guests in any room or part of his hotel.
(f) The issuance to or possession by any person of a retail liquor dealer tax stamp issued for a then-existing tax period by the United States government or any of its agencies shall be and constitute prima facie evidence that such person is subject to the provisions of this chapter.
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Chicago, Ill. Municipal Code § 4-60-021. Ordinance prohibiting issuance of additional liquor licenses – Requirements – Procedure.
(a) Notwithstanding any other provision of this chapter, the city council may from time to time prohibit the issuance of additional liquor licenses in a specified area of the city, subject only to the conditions and procedures described in this section.
(b) An ordinance to prohibit the issuance of additional liquor licenses in specified area must:
(1) identify the area by boundaries; and
(2) cover an area including no less than two contiguous city blocks; and
(3) identify the category or categories of licenses affected; and
(4) contain a description of the conditions requiring the prohibition on the issuance of new licenses. For any such area established by ordinance passed after November 7, 1995, both sides of each street forming the boundary of the area will be considered as within the area unless otherwise specifically stated in the ordinance establishing the area; provided, however, that (a) if an area is described by boundaries, the boundaries shall be drawn down the center of boundary streets unless otherwise specified in the ordinance establishing the area; and (b) if a street that is a boundary of the area is also a boundary of wards of the city, the middle of that street will be the boundary of the area.
(c) No ordinance to prohibit the issuance of additional liquor licenses in a specified area may:
(1) prohibit additional licenses for sale of liquor on the premises of any of the following: sports stadiums with a seating capacity of more than 3,000 persons; restaurants; hotels; banquet halls licensed for incidental service of liquor only and where the principal activity is the service of food, theaters whose premises are licensed for incidental service of liquor only, that provide live stage performances and are equipped with fixed seating; any ice rink for which a valid public place of amusement license and a valid retail food license have been issued, and where the sale of alcoholic liquor is incidental to those activities; facilities operated by the metropolitan pier and exposition authority; or sports plazas, as that term is defined in Section 4-60-075;
(2) prohibit the issuance of a new license to allow continued operation of a licensed business within the specified area by a new licensee whose application is filed within six months after passage of the ordinance; provided, however, that no application for a successor license under this subsection shall be approved if the application review process is not completed within one year after filing the application, unless the delay in completing the process has been occasioned by the city;
(3) prohibit the issuance of additional licenses within the specified area to applicants whose applications were pending prior to the passage of the ordinance;
(4) be considered to take effect within one year after the repeal of an ordinance prohibiting the issuance of additional licenses within any portion of the specified area;
(5) prohibit the issuance of a license necessary to allow the relocation of a licensed business within the same specified area, or the change of officers of a corporate licensee, where the change in officers does not also involve transfer of more than five percent of the shares of the corporation;
(6) prohibit the issuance of an off-site caterer’s liquor license.
(d) After passage of an ordinance to prohibit the issuance of additional liquor licenses within a specified area, no ordinance may alter the area except by addition of territory or by deletion of all territory within the area. An ordinance that divides a specified area into two or more segments shall not be considered to alter that area for purposes of this subsection (d) if all of the following conditions are met: (1) the ordinance does not change the size or boundaries of the total area covered; (2) each portion of the area so divided complies with subsection (b) of this section; and (3) all portions of the area affected by the ordinance remain subject to all moratoria in effect at the time of passage of the ordinance for a minimum of one year following passage of the ordinance that divides the area.
(e) Upon receiving an ordinance to prohibit the issuance of additional liquor licenses in a specified area, the city clerk shall send one copy of the ordinance to each of the following: the commissioner of business affairs and consumer protection, the corporation counsel and the alderman of each ward in which any portion of the specified area is located. The commissioner of business affairs and consumer protection shall prepare a list identifying by type all current liquor licenses issued for premises within the specified area to the sponsor of the ordinance, and all pending applications for liquor licenses within the specified area. The commissioner shall send a copy of the list to the city council committee having jurisdiction over the ordinance and to the corporation counsel. The sponsor of the ordinance shall notify each listed licensee and applicant of the introduction of the ordinance. Notices shall be sent by first class mail, postage paid, directed to the address of each licensee or applicant, as the case may be. Copies of all notices shall be filed with the department of business affairs and consumer protection.
(f) No member of the city council or other municipal officer shall introduce, and no committee of the city council shall consider or recommend, any ordinance that is contrary in any way to any of the requirements of subsections (b) through (d). No member of the city council shall propose, and no committee of the city council shall consider, any amendment to an ordinance which, if passed, would render the ordinance contrary to any of the requirements of subsections (b) through (d). No officer or employee of the city shall enforce any ordinance that is contrary to any of the requirements of subsections (b) through (d). No member of the city council may recommend action on, and no committee of the city council shall consider, any ordinance to prohibit issuance of additional liquor licenses within a specified area until all required notices have been given.

Chicago, Ill. Municipal Code § 4-60-180. License revocation – One-year wait for new license.
When any license issued pursuant to this chapter is revoked for any cause, no license shall be granted to any person for the period of one year thereafter for conducting the business of selling alcoholic liquor in the premises described in such revoked license unless the revocation order was entered as to the licensee only.

Chicago, Ill. Municipal Code § 4-60-181 Revocation order not stayed by appeal.
An order of the liquor control commissioner revoking a city license under this chapter shall take immediate effect if the liquor control commissioner finds that any of the following circumstances are present: (a) the revocation is for violation of any federal or state law or city ordinance regulating the sale, use or possession of firearms; or (b) the revocation is for violation of any federal or state law or city ordinance regulating the sale, use or possession of narcotics or other controlled substances as defined in the Illinois Criminal Code; or (c) the revocation is for violation of any federal or state law or city ordinance relating to prostitution; or (d) the revocation is for sale of alcoholic liquor to a minor, and the licensee was disciplined for three or more similar sales, occurring in separate incidents, within the prior three years; or (e) the revocation is for violations of this Code or the rules and regulations of the City of Chicago Board of Health related to health and sanitation in a food establishment; or (f) the revocation is ordered pursuant to Section 4-4-313 because the premises caused a public nuisance; or (g) if the revocation is of a late-hour privilege, the revocation is for the failure to implement or maintain an adequate exterior safety plan, or for any violation of any law or ordinance that the liquor control commissioner determines warrants immediate revocation of that privilege; or (h) the revocation is for a violation of subsection (k) of Section 4-60-140. For purposes of subsection (d) of this section, “discipline” means revocation, suspension, a voluntary closing in lieu of suspension, or imposition of a fine. In the event that a revocation order contains a finding described in this section, the effect of the revocation shall not be stayed pending an appeal by the licensee to the License Appeal Commission under the Liquor Control Act.

Chicago, Ill. Municipal Code § 4-60-185 Effect of revocation.
(a) Any person whose city retailer’s license for the sale of alcoholic liquor is revoked shall thereafter be ineligible for the issuance of any new city liquor license pursuant to this chapter.
(b) Any person who has significant ownership interest in or control of an entity whose liquor license is revoked shall thereafter be ineligible for the issuance of any new city liquor license pursuant to this chapter. This ineligibility also shall apply to the issuance of a new license to any other entity in which the disqualified person has significant ownership or control. As used in this section, “significant ownership or control” means: (1) ownership of more than 5% of the entity, or ownership of more than 5% voting shares of stock if the entity is a corporation; or (2) holding a position as a principal officer or serving on the board of directors or as a manager of the entity.
(c) The parent, child, sibling, spouse or domestic partner of a person who is ineligible for the issuance of a license under subsection (a) or (b) shall be ineligible for the issuance of a new liquor license under this chapter for any premises that are at the same location as the licensed premises that were subject to the revocation that caused the ineligibility under subsection (a) or (b) of the section for the period of one year following the date that the order of revocation became effective.