Highlights of the New Statewide Smoking Ban By now you undoubtedly have heard about the statewide smoking ban that took effect on December 7, 2006. With some limited exceptions, smoking is now prohibited in all public places and places of employment in the state of Ohio. While the law was effective December 7, the Ohio Department of Health (ODH) has six months, or until June 7, to adopt enforcement regulations. Although the ODH cannot levy any fines until the enforcement regulations are in place, this implementation period is not a grace period, and the ODH will follow up on all notices of potential violations with a letter reminding businesses of their obligations under the new law.
Proprietors of a public place or place of employment must comply with the new law by posting no-smoking signs at all entrances to the building. These signs are required to have the approved toll-free complaint number 1-866-559-OHIO (6446). Proprietors must also remove all ashtrays and other receptacles used for disposing of smoking materials from any area where smoking is now prohibited.
Of course, the new law includes several exemptions. For example, smoking is not prohibited in private residences, designated hotel and motel rooms, family-owned and operated places of employment in which all employees are related to the owner, designated and separately ventilated smoking rooms in nursing homes, retail tobacco stores, outdoor patios and private clubs.
However, each of these exemptions has its own set of rules that must be followed in order to allow smoking. For example, smoking is allowed on outdoor patios of public places and places of employment. However, while smoking is banned on outdoor patios that have a roof and three sides, it is allowed on outdoor patios with no roof but with four walls. Furthermore, all outdoor patios must be physically separated from an enclosed area. If windows and doors form any part of the partition between an enclosed area and an outdoor patio, they must be closed. If the windows and doors do not prevent smoke from entering an enclosed area, the outdoor patio will be considered an extension of the enclosed area and smoking will be prohibited.
Smoking is not prohibited in private residences, except during the hours of operation as a child or adult care facility, or for operation of a business by someone other than the resident. Hotels and motels may designate sleeping rooms as smoking rooms, but no more than twenty percent of sleeping rooms may be so designated.
Smoking is allowed in retail tobacco stores. A “retail tobacco store” means a retail establishment that derives 80% or more of its gross revenue from the sale of cigars, cigarettes, pipes and other smoking-related devices and accessories. To ensure compliance with the new law, retail tobacco stores must annually file with the Ohio Department of Health an affidavit stating the percentage of gross income that was derived from the sale of such products. Retail tobacco stores that began operation or relocated after December 7 are subject to additional restrictions.
However, be forewarned – any bar or restaurant that attempts to “redefine” itself as a “retail tobacco store” will be unable to do so, as the new law specifically excludes as “retail tobacco stores” tobacco departments of larger commercial establishments, any establishment with a liquor permit, and any restaurant.
Finally, we recommend that you strictly adhere to the smoking ban despite the fact that the ODH cannot yet enforce the new law. The ODH will be following up on all smoking-related complaints during this implementation period and will be keeping track of violators. Rest assured, violations during this period will come back to haunt you should you run afoul of the smoking ban after the enforcement regulations are in place.
Questions about the new smoking ban? Please contact Lynn Schonberg for more information on how to protect your place of business from unwanted fines.
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