Section 5. The elected and appointed officials of the State of Illinois and of any unit of local government and of any school district, or their designee, having control over property of the State or of a unit of local government or of a school district which includes a public place, and the proprietor of a structure which includes a public place may establish an area on the premises as a smoking area where smoking shall be permitted, unless otherwise prohibited by law or ordinance. When establishing an area as a smoking area, a person establishing such area shall utilize existing physical barriers, ventilation systems, and other physical elements of the premises to minimize the intrusion of smoke into areas where smoking is not permitted. When a public place is a single room or enclosure, a person establishing such area may satisfy the purposes and provisions of this Act by establishing a reasonable portion of the room or enclosure as a smoking area.

Section 6. The State or unit of local government or school district official or their designee or a proprietor and his agents in control of a place which includes a public place shall make reasonable efforts to prevent smoking in the public place outside established smoking areas by posting appropriate signs or contacting a law enforcement officer, or other appropriate means.

Section 7. A person, corporation, partnership, association or other entity, who violates Section 4 of this Act is guilty of a petty offense.

Section 8. The Department, a local board of health, or any individual personally affected by repeated violations may institute, in a circuit court, an action to enjoin violations of this Act.

Section 9. No individual may be discriminated against in any manner because of the exercise of any rights afforded by this Act.

Section 10. If any provision, clause or paragraph of this Act shall be held invalid by a court of competent jurisdiction, such validity shall not affect the other provisions of this Act.

Section 11. A home rule or non-home rule unit of local government in this State shall not have the power and authority, after the effective date of this Act, to regulate smoking in public places. Pursuant to Article VII, Section 6, paragraph (h) of the Illinois Constitution of 1970, it is declared to be the law of this State that the regulation of smoking as provided by this Act is a power which preempts home rule units from exercising such power subject to the limitations provided in the Act, provided that any home rule unit that has passed an ordinance concerning the regulation of smoking prior to October 1, 1989 is exempt from pre-emption.