For the pur­pos­es of this Arti­cle, the fol­low­ing terms shall have the fol­low­ing meanings:

Busi­ness” means any sole pro­pri­etor­ship, part­ner­ship, joint ven­ture, cor­po­ra­tion, asso­ci­a­tion or oth­er busi­ness enti­ty, whether formed for prof­it or non­prof­it pur­pos­es.  “Busi­ness” includes a “club” as defined in this Section.

Club” means a pri­vate not-for-prof­it asso­ci­a­tion, cor­po­ra­tion or oth­er enti­ty con­sist­ing of per­sons who are bona fide pay­ing mem­bers and which owns, leas­es or uses a build­ing or por­tion there­of, the use of which is restrict­ed pri­mar­i­ly to mem­bers and their guests.

Employ­ee” means any per­son who is employed or retained by a busi­ness, and shall include the own­er or oper­a­tor of a sole pro­pri­etor­ship or oth­er sim­i­lar busi­ness entity.

Employ­er” means any busi­ness that employs one or more employees.

Enclosed Area” means all space in any struc­ture or build­ing that is enclosed on all sides by any com­bi­na­tion of walls, win­dows, or door­ways, extend­ing from floor to the ceiling.

Open Air Din­ing Area” means a seat­ing area open to the air that is acces­so­ry to a restau­rant, hotel, cafe­te­ria, pri­vate club or oth­er pub­lic place engage din pur­vey­ing com­mer­cial food or bev­er­age ser­vice where mem­bers of the pub­lic, mem­bers or guests are invit­ed to sit and receive food and bev­er­age ser­vice for a consideration.

Out­door Event” means a sched­uled out­door musi­cal, dance, the­atri­cal, dra­mat­ic, enter­tain­ment or per­for­mance event, or a sched­uled out­door com­mu­ni­ty fair, parade, event or mar­ket, that is orga­nized, licensed or per­mit­ted by the own­er of an out­door venue and to which the pub­lic is invited.

Out­door Venue” means an out­door the­ater, amphithe­ater, plaza, street or oth­er improved area that is used as a pub­lic venue or forum to which mem­bers of the gen­er­al pub­lic are invit­ed to lis­ten, view or oth­er­wise par­tic­i­pate in an out­door event that is orga­nized, licensed or per­mit­ted by the own­er of the venue.

Place of Employ­ment” means an area under the con­trol of a pub­lic or pri­vate employ­er with­in the Coun­ty that employ­ees nor­mal­ly fre­quent dur­ing the course of employ­ment, and includes, with­out lim­i­ta­tion, com­mon work areas, pri­vate offices, audi­to­ri­ums, class­rooms, con­fer­ence and meet­ing rooms, cafe­te­rias, ele­va­tors, employ­ee lounges, stair­cas­es, hall­ways, restrooms, med­ical facil­i­ties, pri­vate clubs, and the inte­ri­or of a vehi­cle of pub­lic con­veyance.  “Place of Employ­ment” also includes the home office por­tion of a pri­vate dwelling, but only if the home office is used by more than one employ­ee or is fre­quent­ed by busi­ness invitees.

Place of Employ­ment” does not include that part of a pri­vate dwelling used as a home office by a sin­gle employ­ee only who resides in that dwelling.

Park” means a pub­lic park or recre­ation area that is open to and used by the gen­er­al public.

Pub­lic Entrance” means the door­way or oth­er entrance to a pub­lic place that is open to and intend­ed for use by the gen­er­al pub­lic for ingress and egress to the pub­lic place.

Pub­lic entrance” also means a door­way or oth­er entrance for pedes­tri­an ingress and egress to a place of employ­ment; (i) that is open to and intend­ed for use by the gen­er­al pub­lic or busi­ness invitee’s ingress and egress to the place of employ­ment; (ii) where employ­ees are required or per­mit­ted to enter or exit the place of employment.

Pub­lic Place” means an area that is open to and used by the gen­er­al pub­lic, or any area to which the pub­lic is invit­ed or in which the pub­lic is per­mit­ted, includ­ing with­out limitation:

  • vehi­cles of pub­lic conveyance;
  • com­mon or pub­lic areas (includ­ing with­out lim­i­ta­tion lob­bies, hall­ways, recep­tion areas, pub­lic restrooms, ele­va­tors and stair­cas­es) of apart­ment build­ings, con­do­mini­ums, dor­mi­to­ry build­ings, nurs­ing home care facil­i­ties, and oth­er mul­ti­ple fam­i­ly res­i­den­tial structures;
  • com­mon or pub­lic areas (includ­ing with­out lim­i­ta­tion lob­bies, hall­ways, recep­tion areas, pub­lic restrooms, ele­va­tors and stair­cas­es) of any build­ing or struc­ture that is acces­si­ble to the pub­lic includ­ing with­out lim­i­ta­tion office, com­mer­cial, 
    and indus­tri­al build­ings, banks and finan­cial insti­tu­tions, edu­ca­tion­al insti­tu­tions, health care facil­i­ties such as hos­pi­tals, clin­ics and doctor’s offices, muse­ums, libraries, restau­rants, polling places, gov­ern­ment and Coun­­ty-owned build­ings, food stores, cafe­te­rias, the­aters, audi­to­ri­ums, train and bus sta­tions, hotels, motels, and retail and ser­vice establishments.
  • rooms, cham­bers, halls, or oth­er loca­tions with­in which meet­ings, hear­ings, or gath­er­ings are held, to which the pub­lic is invit­ed or in which the pub­lic is per­mit­ted, includ­ing specif­i­cal­ly, but with­out lim­i­ta­tion, any enclosed area under the con­trol of the Coun­ty where there is in progress any pub­lic meeting.

Pub­lic place” shall not include:

  •  a pri­vate dwelling unit, unless said dwelling is also used as a day care facil­i­ty for chil­dren or adults; pro­vid­ed that rooms in nurs­ing homes or long-term care facil­i­ties occu­pied by one or more per­sons who have request­ed in writ­ing a room where smok­ing is per­mit­ted shall be con­sid­ered pri­vate dwelling units; or
  •  hotel or motel rooms des­ig­nat­ed as smok­ing, pro­vid­ed that no more than twen­ty per­cent (20%) of the avail­able rooms for rent in any sin­gle build­ing shall be des­ig­nat­ed as smok­ing rooms.

School Grounds” mean all pub­lic or pri­vate out­door school grounds, but exclud­ing any open areas specif­i­cal­ly des­ig­nat­ed and per­mit­ted by the school admin­is­tra­tion for smok­ing by adults who are invit­ed to use such area for smoking.

Smoke” or “Smok­ing” means inhal­ing, exhal­ing, burn­ing, or car­ry­ing any light­ed cig­ar, cig­a­rette, pipe, or oth­er light­ed tobac­co prod­uct in any man­ner or in any form.

Coun­ty” means the Coun­ty of Union, Illinois.