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Section 690.40 Pandemic or Epidemic Respiratory Disease – Emergency Provisions

The Illinois Department of Public Health issued the following emergency rule in the Control of
Communicable Diseases Code (77 Ill. Adm. Code 690), effective May 15, 2020:
Section 690.40 Pandemic or Epidemic Respiratory Disease – Emergency Provisions
EMERGENCY
a) The State Department of Public Health has general supervision of the interests of
the health and lives of the people of the State. As part of that general supervision,
the Department has jurisdiction to address dangerously contagious or infectious
diseases outbreaks to protect the health and lives of the people of the State. The
Department shall take means it considers necessary to restrict and suppress
dangerously contagious or infectious diseases, especially when existing in
epidemic form. (Section 2(a) of the Act)
b) In order to restrict and suppress the novel coronavirus SARS-CoV-2 that causes
the coronavirus disease 2019 (COVID-19), a dangerously contagious and
infectious respiratory disease in the form of a pandemic or epidemic, which is
spread person to person in respiratory droplets released by a person infected with
the disease, the Department implements the following restrictions and
requirements:
1) Businesses and establishments that serve food or beverages, including, but
not limited to, restaurants, food buffets, self-serve areas, bars, taverns,
pubs, wineries, breweries, or beer gardens, that operate under a permit or
license issued by the State or local health authority, shall not allow indoor
on-site consumption of food or beverages. Service shall be limited to
drive-through, delivery, curb-side, or pick up only. Businesses and
establishments located in airports and hospitals are exempt from the
requirements of this Section.
2) Businesses and establishments that offer indoor fitness, exercise, physical
workout or non-medical wellness services, such as health clubs or centers,
fitness clubs or centers, gyms, tennis clubs, swimming pools, shall not
allow on-site indoor fitness, exercise, workout or non-medical wellness
options to customers, including but not limited to, classes, personal
training, or individual customer use of exercise equipment or facilities.
Service shall be limited to the sale of retail goods via drive-through,
delivery, or pick up only, or the use of exercise equipment or the indoor 
use of facilities for the recording and streaming of online classes and
instructional videos only.
3) Businesses or establishments that offer cosmetology, esthetics, nail
technology, barber, tanning, body art, or similar non-medical personal care
services, treatments, procedures or therapies shall not provide on-site
services. Service shall be limited to the sale of retail goods via drivethrough, delivery, curb-side, or pick up only
c) Any person who violates the provisions of this Section shall be subject to the
penalties set forth in Section 8.1 of the Act.
As the Director of Public Health, I am authorized to institute prosecutions and proceedings for
violation of this rule. I also designate local health departments to institute prosecutions and
proceedings on businesses or establishments that violate this rule. (20 ILCS 2305/8.1) I direct
local health departments to coordinate with Illinois State Police and local law enforcement as
provided by the Department of Public Health Act. (20 ILCS 2305/1.1 et seq.)

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