(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BAR. Any establishment devoted to the sale and service of alcoholic beverages for on-premises consumption, where the service of food is merely incidental to the operation of the business, and in which the revenue produced by the sale of food does not exceed 35% of annual gross sales.
BAR AREA. The area of a restaurant with a bar where the service of alcoholic beverages for on-premises consumption takes place.
BUSINESS. Any sole proprietorship, joint venture, corporation, limited liability company, limited liability partnership, or other business entity, incorporate or unincorporated, for profit or not-for-profit including, but not limited to, establishments where goods or services are sold or leased, social agencies, warehouses, manufacturing plants and other places where any leasing, professional or technical services are delivered.
EMPLOYEE. Any person who is employed by an employer for direct or indirect monetary wages or profit.
EMPLOYER. Any person, business or government entity that employs the services of one or more persons.
INTERNATIONAL NO SMOKING SYMBOL. A pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it.
PLACE OF EMPLOYMENT. Any area under the control of an employer which employees frequent during the course of employment including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias, and hallways. A private residence or private vehicle is not a PLACE OF EMPLOYMENT except when it is used for business purposes.
PUBLIC PLACE. Any indoor area to which the public is invited, in which the public is permitted, or which the public customarily uses. An area of a private residence where a business is operated and in which the public is invited, in which the public is permitted, or which the public customarily uses is a PUBLIC PLACE. Common areas in multiple dwelling units and businesses are PUBLIC PLACES.
RESTAURANT WITH A BAR. Any establishment that sells alcohol for on-premises consumption, in which the service of food is not incidental to the operation of the business, and in which the revenue produced by the sale of food equals or exceeds 35% of annual gross sales.
RESTAURANT WITHOUT A BAR. Any establishment in which the service of food is the primary purpose of the business that maintains no separate bar area.
SEPARATE SMOKING ROOM. An enclosed area in which smoking is permitted. A SEPARATE SMOKING ROOM shall meet all of the following requirements:
(a) Be clearly designated as a separate smoking room;
(b) Be completely enclosed on all sides by a ceiling and permanent, immovable floor to ceiling walls, doors and/or windows which must remain closed except for entry and exit of persons to and from the room;
(c) Have a separate ventilation system whereby the air from the enclosed area is immediately exhausted to the outside in such a way as to prevent the reintroduction of smoke into the enclosed area or any smoke free area;
(d) Be negatively pressured to an extent sufficient to prevent back streaming of smoke into smoke free areas;
(e) Have self-closing doors that remain closed when not being used for ingress or egress;
(f) Not be the sole patron waiting area; and
(g) Not be the sole means of entry or exit to the facility itself, the restrooms, or any other smoke free area.
SMOKING. To inhale or exhale the smoke of burning tobacco, marihuana and/or adult use cannabis in any form, or tobacco substitute and also to carry burning tobacco in the form of a cigarette, cigar, or any other similar smoke producing device.
(B) Regulation of smoking in public places.
(1) Smoking is prohibited in all public places within the city, unless otherwise provided by this section.
(2) All restaurants with bars, all dining areas, waiting areas and restrooms shall be smoke free. Smoking may be allowed in a bar area provided that the bar area is contained within a separate smoking room.
(3) Restaurants without bars may not permit smoking in any area which is at any time open to the public.
(4) An owner of a bar may permit or prohibit smoking at his or her discretion. However, owners of bars are encouraged to promote a nonsmoking environment and may limit smoking to separate smoking rooms or may completely prohibit smoking.
(C) Regulation of smoking in places of employment.
(1) Employers shall provide a smoke free place of employment for all employees, excepting however, bars and separate smoking bar rooms in restaurants with bars as defined herein shall be considered places of employment where a smoke free environment is not required by this section.
(2) Within 90 days of the effective date of this section, every employer that maintains a place of business within the city shall adopt, implement, and maintain a written smoking policy. Every employer shall provide a written copy of the policy to all prospective and current employees The policy shall state, at a minimum:
“Smoking is prohibited in all places of employment. Smoking is prohibited in all work areas including, but not limited to, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, lobbies, medical facilities, cafeterias, employee lounges, stairs, restrooms, and business vehicles. Employees who violate this policy are subject to disciplinary action and criminal sanctions.”
(3) An employer may provide a smoking area for employees, provided that the smoking area is in a separate smoking room. An employer may provide an outside smoking area for employees provided that patrons are not exposed to second-hand smoke in any degree while entering or exiting the place of business.
(D) Where smoking is not regulated. Notwithstanding any provision of this section to the contrary, the following shall not be subject to the smoking restrictions contained in this section:
(1) Private residences, except areas of private residences used for business purposes;
(2) Private vehicles, except when used for business purposes;
(3) Any indoor area where private social functions are being held when seating arrangements are under the control of the sponsor of such function and not the owner, operator, manager, or person in charge of such indoor area.
(E) Option to declare establishment “smoke free”. Any person who controls any establishment described herein may declare that entire establishment as a non-smoking environment.
(F) Posting of signs.
(1) Every public place, as defined by this section, where smoking is not permitted in the entire establishment shall conspicuously display one sign at every entrance that bears the words, “No Smoking,” or the international “No Smoking” symbol.
(2) Every public place, as defined by this section, where smoking is permitted in the entire establishment shall conspicuously display one sign at every entrance that bears the words, “Smoking Permitted,” or the international “Smoking Permitted” symbol.
(3) Every public place, as defined by this section, that has a separate smoking room in compliance with this section shall conspicuously display one sign at every entrance that bears the words, “No Smoking Except in Designated Areas,” or the international “No Smoking” symbol with the addition of wording “Except in Designated Areas.”
(4) No public place, as defined by this section, shall display more than one sign required by this section at every entrance.
(5) Letters on signs posted to comply with this section shall be no less than one inch high. If the international no smoking symbol is displayed, it shall be no less than three inches in diameter.
(G) Notice and enforcement.
(1) Any owner, manager, operator, or employee of any establishment regulated by this section shall immediately inform persons violating this section of the appropriate provisions hereof. If a violator does not immediately comply with this section, the owner, manager, operator, or employee shall immediately request assistance from the Police Division and/or any other agency authorized by the Constitution or the laws of the State of Ohio to enforce this section.
(2) Any citizen may register a complaint under this section to the Police Division or the Wood County Department of Health.
(3) The Police Division and any other agency or agencies so authorized by the Constitution or the laws of the State of Ohio shall enforce this section and are authorized to issue citations for violations of this section.
(H) Violations and penalties.
(1) It shall be a violation for any person to smoke in any area where smoking is prohibited by the provisions of this section.
(2) Any person who violates any provision of this section shall be guilty of the following:
(a) For the first offense, a minor misdemeanor;
(b) For the second offense, a misdemeanor of the fourth degree;
(c) For the third and subsequent offense, a misdemeanor of the third degree.
(I) Rules and regulations. The Wood County Health Department may, within the authority granted to it by the Constitution and the laws of the State of Ohio, promulgate such rules and regulations necessary to carry out the purposes and intent of this section.
(J) Non-retaliation. No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke free environment afforded by this section.
(K) General exceptions. Regardless of the nature or type of facility, and notwithstanding any other provision of this section, smoking may be permitted in a separate smoking room. This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other laws.
(1) Civil cause of action. Any individual who suffers physical harm or injury as a result of violation of this statute may maintain a cause of action against an individual or business in an appropriate court of law. Any individual who suffers harm described in division (J) of this section may maintain a cause of action against the individual or business in an appropriate court of law.
(Ord. 6912, passed 2-4-2002; Am. Ord. 9184, passed 5-6-2024)