CANNABIS HOSPITALITY

Illinois General Assembly - Full Text of HB5731

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5731

Introduced 3/20/2026, by Rep. Jawaharial Williams

SYNOPSIS AS INTRODUCED:

New Act
410 ILCS 82/35

Creates the On-Premise Cannabis Consumption Act. Provides that a
county or municipality may issue licenses for temporary events and
cannabis hospitality venues that will allow for the consumption of
cannabis or cannabis-infused products and for the sale of cannabis
paraphernalia at such temporary events or venues. Requires ordinances with
specified requirements for such temporary events and cannabis hospitality
venues before any licenses are issued. Limits home rule powers. Makes
conforming changes in the Smoke Free Illinois Act. Effective immediately.
LRB104 21046 BDA 35016 b

A BILL FOR

HB5731
LRB104 21046 BDA 35016 b
1

AN ACT concerning health.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
On-Premise Cannabis Consumption Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Cannabis" has the meaning given to that term in Section
8
1-10 of the Cannabis Regulation and Tax Act.
9

"Cannabis business establishment" has the meaning given to
10
that term in Section 1-10 of the Cannabis Regulation and Tax
11
Act.
12

"Cannabis hospitality venue" means a public or private
13
restaurant, bar, or other business licensed under Section 15
14
that allows communal consumption of cannabis or
15
cannabis-infused products on premises.
16

"Cannabis-infused product" has the meaning given to that
17
term in Section 1-10 of the Cannabis Regulation and Tax Act.
18

"Cannabis paraphernalia" has the meaning given to that
19
term in Section 1-10 of the Cannabis Regulation and Tax Act.
20

"Governmental unit" means a county or municipality.
21

"Venue" means any business establishment licensed by a
22
governmental unit for hospitality-related business.

HB5731
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LRB104 21046 BDA 35016 b
1

Section 10.
Temporary event permits.
2

(a) The hosting of a temporary event for the consumption
3
of cannabis or cannabis-infused products at a venue not
4
licensed as a cannabis hospitality venue is subject to
5
regulation by a municipality for events within the
6
municipality and by a county for events outside of a
7
municipality.
8

(b) A temporary event including the consumption of
9
cannabis or cannabis-infused products must hold a temporary
10
event permit issued by the governmental unit for the premises
11
at which the temporary event is conducted.
12

(c) An applicant for a temporary event permit under this
13
Section and the premises where it shall be conducted must meet
14
the requirements of any ordinance passed or adopted by the
15
governmental unit under this subsection.
16

(1) Before a governmental unit may issue any temporary
17

event permits under this Section, the governmental unit
18

must adopt an ordinance that includes all of the
19

following:
20

(A) the application and permit fees for a permit
21

issued under this Section;
22

(B) the maximum term of a permit issued under this
23

Section; and
24

(C) a requirement that each permit application
25

includes plans detailing:
26

(i) the date, time of operation, and address

HB5731
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LRB104 21046 BDA 35016 b
1

of the location hosting the consumption event;
2

(ii) a description of how smoke, aerosols, and
3

vapors from cannabis consumption will be
4

ventilated in indoor consumption spaces;
5

(iii) a description of how consumption will be
6

obscured from view by opaque or translucent walls,
7

fences, hedges, or other barriers in outdoor
8

spaces; and
9

(iv) a description of how individuals under 21
10

will be prevented from entering the consumption
11

space.
12

(2) The governmental unit may not adopt an ordinance
13

or rule that:
14

(A) prohibits a person who holds a permit issued
15

under this Section from adopting policies that allow
16

attendees of temporary events to bring their own
17

cannabis, cannabis-infused products, or cannabis
18

paraphernalia into a temporary event;
19

(B) prohibits the preparation and sale of food and
20

non-alcoholic beverages at venues already licensed for
21

such sales by the governmental unit; or
22

(C) imposes public health or safety standards if
23

those standards serve no purpose other than deterring
24

the organization and execution of temporary events.
25

(d) The premises at which an applicant intends to conduct
26
the event may not be located within 500 feet of a primary or

HB5731
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LRB104 21046 BDA 35016 b
1
secondary school.
2

(e) An applicant for a temporary event permit under this
3
Section must apply for the permit in the manner required by
4
ordinance of the governmental unit.
5

(f) Permit fees assessed under this Section must be
6
reasonably related to the cost of inspecting and regulating
7
the temporary event.

8

Section 15.
Cannabis hospitality venues.
9

(a) The consumption of cannabis or cannabis-infused
10
products at a cannabis hospitality venue is subject to
11
regulation by a municipality for cannabis hospitality venues
12
within the municipality and by a county for cannabis
13
hospitality venues outside of a municipality.
14

(b) A person operating a cannabis hospitality venue must
15
hold a cannabis hospitality venue license issued by the
16
governmental unit for the premises at which the consumption
17
occurs.
18

(c) The premises at which an applicant intends to have a
19
cannabis hospitality venue may not be located within 500 feet
20
of a public or private elementary or secondary school.
21

(d) An applicant for a cannabis hospitality venue license
22
under this Section and the premises at which the cannabis
23
hospitality venue is to be located must meet the requirements
24
of any ordinance adopted by the governmental unit under this
25
subsection.

HB5731
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LRB104 21046 BDA 35016 b
1

(1) The ordinance must include all of the following:
2

(A) a requirement that a person who holds a
3

license must renew the license annually;
4

(B) a description of the fees for the application,
5

licensure, and renewal of licensure for a license
6

under this Section;
7

(C) a restriction on the consumption of cannabis
8

or cannabis-infused products to designated areas of a
9

premises for which a license has been issued under
10

this Section;
11

(D) a requirement that each portion of a premises
12

for which a license has been issued under this Section
13

where cannabis or cannabis-infused products are
14

smoked, aerosolized, or vaporized must:
15

(i) have a ventilation system for any indoor
16

consumption areas that exhausts smoke, aerosols,
17

and vapors from that portion of the premises;
18

(ii) be designed and terminated in accordance
19

with building code standards for the applicable
20

occupancy classification; and
21

(iii) for any outdoor consumption area, be
22

surrounded by a sight-obscuring wall, fence,
23

hedge, or other opaque or translucent barrier; the
24

outdoor consumption space may be located closer
25

than 15 feet from an entrance or exit of the
26

cannabis hospitality venue so long as the outdoor

HB5731
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LRB104 21046 BDA 35016 b
1

consumption space is not obstructing the venue's
2

primary public entry point or is located on a
3

public way;
4

(E) a requirement that a premises for which a
5

license has been issued under this Section must meet
6

any public health and safety standards and industry
7

best practices established by the governmental unit by
8

rule or ordinance;
9

(F) a requirement that premises for which this
10

license is issued have a designated smoke-free area so
11

employees of the facility can be isolated from
12

cannabis smoke, vapor, and aerosols;
13

(G) a requirement that premises for which this
14

license be issued have a plan in place to prevent
15

patrons under the age of 21 from accessing the
16

consumption space; and
17

(H) a requirement that licensees which qualify for
18

Social Equity Applicant status found in the Cannabis
19

Regulation and Tax Act have their licensing costs
20

refunded.
21

(2) The governmental unit may not adopt an ordinance
22

or rule that:
23

(A) prohibits a person who holds a license issued
24

under this Section from adopting policies that allow
25

persons attending the cannabis hospitality venue to
26

bring cannabis, cannabis-infused products, or cannabis

HB5731
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LRB104 21046 BDA 35016 b
1

paraphernalia into the club;
2

(B) imposes public health or safety standards on
3

cannabis hospitality venues if those standards serve
4

no purpose other than deterring the consumption of
5

cannabis or cannabis-infused products at the cannabis
6

hospitality venue; or
7

(C) prohibits the lawful preparation and sale of
8

food and beverage or the lawful sale or rental of
9

cannabis related paraphernalia so long as the cannabis
10

hospitality venue is appropriately licensed and in
11

compliance for such activities.
12

(e) License fees assessed under this Section must be
13
reasonably related to the cost of inspecting and regulating
14
the cannabis hospitality venue.
15

(f) Municipalities may choose to prohibit cannabis
16
hospitality venues from serving alcoholic beverages.
17

(g) Outside of areas defined by Section 10 and Section 15
18
of this Act, a municipality may allow the use of cannabis in
19
places tobacco use is permitted by the Smoke Free Illinois
20
Act.

21

Section 20.
Home rule.
A home rule unit may not regulate or
22
license temporary events or cannabis hospitality venues in a
23
manner inconsistent with this Act. This Act is a limitation
24
under subsection (i) of Section 6 of Article VII of the
25
Illinois Constitution on the concurrent exercise by home rule

HB5731
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LRB104 21046 BDA 35016 b
1
units of powers and functions exercised by the State.

2

Section 90.
The Smoke Free Illinois Act is amended by
3
changing Section 35 as follows:

4

(410 ILCS 82/35)
5

Sec. 35.
Exemptions.
Notwithstanding any other provision
6
of this Act, smoking is allowed in the following areas:
7

(1) Private residences or dwelling places, except when
8

used as a child care, adult day care, or healthcare
9

facility or any other home-based business open to the
10

public.
11

(2) Retail tobacco stores as defined in Section 10 of
12

this Act in operation prior to January 1, 2008 (the
13

effective date of Public Act 95-17). The retail tobacco
14

store shall annually file with the Department by January
15

31
st
an affidavit stating the percentage of its gross
16

income during the prior calendar year that was derived
17

from the sale of loose tobacco, plants, or herbs and
18

cigars, cigarettes, pipes, or other smoking devices for
19

smoking tobacco and related smoking accessories. Any
20

retail tobacco store that begins operation after January
21

1, 2008 (the effective date of Public Act 95-17) may only
22

qualify for an exemption if located in a freestanding
23

structure occupied solely by the business and smoke from
24

the business does not migrate into an enclosed area where

HB5731
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LRB104 21046 BDA 35016 b
1

smoking is prohibited. A retail tobacco store that derives
2

at least 80% of its gross revenue from the sale of
3

electronic cigarettes and electronic cigarette equipment
4

and accessories in operation before January 1, 2024 (the
5

effective date of Public Act 103-272) qualifies for this
6

exemption for electronic cigarettes only. A retail tobacco
7

store claiming an exemption for electronic cigarettes
8

shall annually file with the Department by January 31 an
9

affidavit stating the percentage of its gross income
10

during the prior calendar year that was derived from the
11

sale of electronic cigarettes. A retail tobacco store may,
12

with authorization or permission from a unit of local
13

government, including a home rule unit, or any non-home
14

rule county within the unincorporated territory of the
15

county, allow the on-premises consumption of cannabis in
16

specially designated areas.
17

(3) (Blank).
18

(4) Hotel and motel sleeping rooms that are rented to
19

guests and are designated as smoking rooms, provided that
20

all smoking rooms on the same floor must be contiguous and
21

smoke from these rooms must not infiltrate into nonsmoking
22

rooms or other areas where smoking is prohibited. Not more
23

than 25% of the rooms rented to guests in a hotel or motel
24

may be designated as rooms where smoking is allowed. The
25

status of rooms as smoking or nonsmoking may not be
26

changed, except to permanently add additional nonsmoking

HB5731
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LRB104 21046 BDA 35016 b
1

rooms.
Hotel and motel establishments may also apply and
2

be licensed under the provisions of the On-Premise
3

Cannabis Consumption Act and may host consumption events
4

as detailed in that Act.
5

(5) Enclosed laboratories that are excluded from the
6

definition of "place of employment" in Section 10 of this
7

Act. Rulemaking authority to implement Public Act 95-1029,
8

if any, is conditioned on the rules being adopted in
9

accordance with all provisions of the Illinois
10

Administrative Procedure Act and all rules and procedures
11

of the Joint Committee on Administrative Rules; any
12

purported rule not so adopted, for whatever reason, is
13

unauthorized.
14

(6) Common smoking rooms in long-term care facilities
15

operated under the authority of the Illinois Department of
16

Veterans Affairs or licensed under the Nursing Home Care
17

Act that are accessible only to residents who are smokers
18

and have requested in writing to have access to the common
19

smoking room where smoking is permitted and the smoke
20

shall not infiltrate other areas of the long-term care
21

facility. Rulemaking authority to implement Public Act
22

95-1029, if any, is conditioned on the rules being adopted
23

in accordance with all provisions of the Illinois
24

Administrative Procedure Act and all rules and procedures
25

of the Joint Committee on Administrative Rules; any
26

purported rule not so adopted, for whatever reason, is

HB5731
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LRB104 21046 BDA 35016 b
1

unauthorized.
2

(7) A convention hall of the Donald E. Stephens
3

Convention Center where a meeting or trade show for
4

manufacturers and suppliers of tobacco and tobacco
5

products and accessories is being held, during the time
6

the meeting or trade show is occurring, if the meeting or
7

trade show:
8

(i) is a trade-only event and not open to the
9

public;
10

(ii) is limited to attendees and exhibitors that
11

are 21 years of age or older;
12

(iii) is being produced or organized by a business
13

relating to tobacco or a professional association for
14

convenience stores; and
15

(iv) involves the display of tobacco products.
16

Smoking is not allowed in any public area outside of
17

the hall designated for the meeting or trade show.
18

This paragraph (7) is inoperative on and after October
19

1, 2015.
20

(8) A dispensing organization, as defined in the
21

Cannabis Regulation and Tax Act, authorized or permitted
22

by a unit
of
local government to allow on-site consumption
23

of cannabis, if the establishment: (1) maintains a
24

specially designated area or areas for the purpose of
25

heating, burning, smoking, or lighting cannabis; (2) is
26

limited to individuals 21 or older; and (3) maintains a

HB5731
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LRB104 21046 BDA 35016 b
1

locked door or barrier to any specially designated areas
2

for the purpose of heating, burning, smoking
,
or lighting
3

cannabis.
4

(9) Temporary events or cannabis hospitality venues
5

licensed under the On-Premise Cannabis Consumption Act.
6
(Source: P.A. 103-272, eff. 1-1-24; 103-605, eff. 7-1-24;
7
104-234, eff. 8-15-25.)

8

Section 99.
Effective date.
This Act takes effect upon
9
becoming law.

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