(A) If an owner, manager, operator or employee of an-establishment regulated by this chapter observes a person violating the provisions of this chapter, he or she shall immediately direct the person in violation to stop smoking. If the person violating the regulations does not comply with this request, the owner, manager, operator, or employee shall ask the person to leave the premises. If the person in violation refuses to leave, the owner, manager, operator, or employee shall call the police.
(B) In no event is an owner or agent of the premises to forcibly remove the person violating the provisions of this chapter regulations. Compliance is achieved under this subsection if the owner or agent of the premises follows these steps.
(1) Enforcement of this regulation shall be the City of Berea with the Madison County Health Department named as it designee.
(2) The Health Department shall, while in an establishment and is undergoing otherwise mandated inspections, inspect for compliance of this chapter.
(3) Notice of the provisions set forth in this regulation shall be given to all applicants for business license in the City of Berea.
(4) Any citizen who desires to register a complaint under this chapter may initiate enforcement with Madison County Health Department.
(5) The mere presence of a person smoking within the premises of an establishment governed by this chapter does not constitute a violation on the part of the establishment. The establishment and its agents shall only be charged for a violation of this chapter if the responsible agent(s) of the establishment fail to timely satisfy each responsibility prescribed for them in this section.
(6) Notwithstanding any other provision of this chapter, the Madison County Health Department, an employee, or any person aggrieved by the failure to comply with the provisions of this chapter, whether by commission or omission, including violations on the part of an owner, operator, manager, employee or other person(s) in control of a public place or a place of employment covered by this chapter, may bring legal action to enforce the provisions of this chapter, either by civil action seeking injunctive relief or by criminal complaint in a court of competent jurisdiction.
(Ord. No. 20-14, § 1, 9-11-14)