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Illinois Academy of Real Estate

Blog by Michael Fair
Aurora, Illinois

Illinois Real Estate News and Notes

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Illinois Academy of Real Estate

No Smoking Allowed - Illinois Law, Effective January 1, 2008

Categorized in: Legal Issues

There has been much debate over the Illinois state-wide ban on smoking. Early concerns on part of the business community seem to be the question of the economic impact of the ban on such businesses as bars, resturants and other public gathering places. The issue is greater than that and many of us who have not thought through the legislation will find ourselves scrambleing to make immediate changes as of January 1.

The smoking ban applies to virtually all businesses and public places and can affect the way we all do business. At first glance, the broker/owner would need to post no smoking signs, insure that there was no smoking in the workplace, removie ashtrays within15 feet of the building entrance and insuring that no smoking takes place in this 15 foot area.

Points to Ponder

  • Would a business owner be responsible for an individual smoking in an automobile that was in a parking space within 15 feet of the business entry if the space were not designated a non-smoking parking space with appropriate signage?
  • How does the business owner tactfully request that a potential customer not smoke with 15 feet of the business entry and would it be necessary to have someone monitor the area to insure that the ban was complied with?
  • Who is responsible for cleaning up all of the ciggerette butts that are 15.01 feet from the business entry.
  • Would a real estate licensee need to refrain from smoking in his automobile and ask clients to do so if he offered to use it while showing property?

I am sure that there are many other questions that will be asked and that the broker owner or owner of any business needs to consider company policy and additions to a policy manual to specifically address the ban.

Mike Fair, Director
Illinois Academy of Real Estate

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