(a) Definitions. The following words and phrases, whenever used in this section, shall be construed as hereinafter defined:
(1) "Bar" means any establishment licensed by the Ohio Department of Liquor Control to sell intoxicating beverages for consumption on the premises and in which the service of food is only incidental to the consumption of such beverage.
(2) "Eating establishment" means any restaurant, coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain and any other establishment (excluding bars) where cooked or otherwise prepared food is sold to members of the general public for consumption on the premises.
(3) "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit or as a volunteer.
(4) "Employer" means any person who employs the services of an individual person or any person in charge of a place of employment.
(5) "Enclosed indoor area" means closed in by a roof and walls on at least three sides with appropriate openings for ingress and egress.
(6) "Establishment" means any physical facility operated by a commercial enterprise, nonprofit entity, government agency or any other person.
(7) "Grocery store" means any supermarket, convenience store and any other retail food production and marketing establishment.
(8) "Health-care facility" means any laboratories associated with the rendition of health-care treatment, hospitals, rest homes, nursing homes, doctors' offices, dentists' offices and other establishments involved in the provision of health care.
(9) "Members of the general public" means shoppers, customers, patrons, patients, students, clients and other similar invitees of any establishment and excludes employees thereof, sales representatives, service repair persons and persons delivering goods, merchandise or services to such establishment.
(10) "Persons" means any individual, firm, partnership, association, corporation, company, organization or legal entity of any kind.
(11) "Places of employment" means that portion of any enclosed, indoor area under the control of a public or private employer which employees normally frequent during the course of employment but to which members of the general public are not normally invited, including, but not limited to, such areas in office work places, factories, warehouses and laboratories. The dining area of an eating establishment is not a place of employment.
(12) "Polling place" means the entire room, hall, garage or other facility in which persons cast ballots in an election, but only during such time as election business is being conducted.
(13) "Proprietor" means the owner, manager, operator or other person in charge of a public place.
(14) "Public place" means that portion of any enclosed, indoor area to which members of the general public are invited or in which members of the general public are permitted.
(15) "Retail tobacco store" means a retail store used primarily for the sale of smoking materials and smoking accessories and in which the sale of other products is incidental. "Retail tobacco store" does not include a tobacco department of a larger retail store such as a department store or discount store.
(16) "Service line" means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
(17) "Sign" means legible, English lettering on a contrasting background to clearly indicate where smoking is permitted or not permitted and to provide related information. Signs shall be of sufficient size to be legible and observable throughout the area they govern. The international "NO SMOKING" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) may be used in, or substituted for, a sign indicating that smoking is prohibited.
(18) "Smoking material" means any cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.
(19) "Work area" means any room, desk, station or other area normally occupied by an employee while carrying out his or her primary work functions.
(b) Restrictions on Smoking in Public Places.
(1) Smoking prohibited. Except as provided in subsection (d) hereof, the possession of lighted smoking materials in any form is prohibited in any of the following enclosed public places, excluding portions to which members of the general public are not normally invited:
A. Retail stores and retail service establishments including, but not limited to, grocery stores, specialty stores, department stores, pharmacies, automobile dealerships, showrooms, banks, professional offices, service stations, repair or maintenance stores, barber or beauty shops, cleaners and laundromats;
B. Vehicles of public transportation including, but not limited to, trains, buses, limousines for hire, taxicabs and associated terminals;
C. Enclosed theaters, auditoriums, permanent concert halls, arenas and public meeting rooms except the lobbies listed in subsection (b)(2) hereof associated with such establishments;
D. Health-care facilities;
E. Elevators, stairwells, escalators and hallways;
F. Indoor service lines;
G. Public restrooms;
H. Courtrooms, jury waiting rooms and deliberation rooms;
I. Gymnasiums, exercise rooms and health spas;
J. Libraries and educational facilities;
K. Places of exhibition including, but not limited to, museums, aquariums and galleries; and
L. Polling places.
(2) Smoking prohibited except in designated sections. Except as provided in subsections (d) and (e) hereof, the possession of lighted smoking materials in any form is prohibited in any public places not identified in subsection (b)(1) hereof, including, but not limited to:
A. Eating establishments;
B. Hotels and motels including rooms rented to guests;
C. Indoor places of entertainment and recreation including, but not limited to, bowling alleys, roller and ice skating rinks, dance halls, swimming pools and bingo halls;
D. Enclosed shopping centers and malls except retail stores and retail service establishments listed in subsection (b)(1) hereof;
E. Waiting areas and lobbies;
F. Buildings and enclosed structures, or any portion thereof, owned, leased or operated by the City; and
G. Any other enclosed indoor area used by members of the general public.
(3) Responsibilities of proprietors. The proprietor or other person in charge of a place within subsections (b)(1) and (b)(2) hereof shall utilize his best efforts to ensure that the provisions of this subsection are met with regard to such place.
A. Signs. Signs indicating whether or not smoking is permitted shall be clearly, sufficiently and conspicuously posted in every establishment where smoking is regulated by this section in such manner as to give adequate notice to members of the general public.
1. In grocery stores, signs indicating that smoking is prohibited shall be visible to people entering the store, people at meat and produce counters, and people in all checkout lines.
2. In theaters, auditoriums, concert halls and public meeting rooms, signs stating that smoking is prohibited shall be conspicuously posted within such areas and in the lobby. In the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture.
3. At indoor service lines, signs indicating that smoking is prohibited shall be visible to people in such lines.
4. In eating establishments, a sign shall be posted at the entrance clearly stating that a no-smoking section is available, and individual table signs indicating that smoking is prohibited shall be placed on all tables in the no-smoking section of the dining area.
5. In hotels and motels, a sign indicating that no-smoking rooms are available shall be posted at the registration area.
B. Public seating. Where seating is provided for the public and a smoking area has been designated under subsection (e) hereof, seating shall be arranged to provide a smoke-free area to the extent possible; a seat in a no-smoking area shall be provided for all persons requesting such a seat; and, in the case of controlled seating, each patron shall be asked as to his or her preference.
C. Ashtrays. Ashtrays shall be removed from areas where smoking is prohibited.
D. Enforcement. Smokers may be affirmatively directed to designated smoking areas and persons smoking in violation of this section may be requested to stop.
E. Resolving disputes. In any dispute arising under this section, the health concerns of the nonsmoker shall be given precedence.
F. Ventilation/exhaust. Whenever smoking is designated or permitted, the proprietor shall provide and keep in operation fully adequate ventilation so as to exhaust the fumes and smell of smoke away from all public and private nonsmoking areas (see subsection (e)(2) hereof.)
(c) Restrictions on Smoking in Places of Employment.
(1) Employee work areas. Any employee in a place of employment shall have the right to designate his or her stationary work area as a no-smoking area. If, due to the proximity of smokers, size of work area, poor ventilation or other factors, such designation does not reduce the effects of smoke to the satisfaction of the employee, the employer shall make reasonable accommodation by implementing where possible other measures designed to minimize or eliminate the effects of smoke an the employee.
(2) Smoking prohibited. Except as provided in subsection (d) hereof, the possession of lighted smoking materials in any form is prohibited in any of the following areas within a place of employment:
A. Elevators, stairwells and escalators;
B. Indoor service lines;
C. Vehicles used to transport employees in the scope of their employment;
D. Conference rooms, meeting rooms, classrooms and auditoriums;
E. Medical facilities.
(3) Smoking prohibited except in designated sections. Except as provided in subsections (d) and (e) hereof, the possession of lighted smoking materials in any form is prohibited in any area within a place of employment not identified in subsections (c)(1) and (c)(2) hereof, including, but not limited to:
A. Cafeteria, lunchrooms and employee lounges;
B. Waiting areas and lobbies;
C. Conference rooms, meeting rooms, classrooms and auditoriums; and
D. Any other enclosed indoor area used by employees.
(4) Responsibilities of employers. The employer or other person in charge of a place within subsections (c)(1) through (c)(2), shall utilize his best efforts to ensure that the provisions of this subsection are met with regard to such places.
A. Smoking policy: Within one week of the effective date of this section, each employer of ten or more employees shall adopt, implement and maintain a written smoking policy which contains, at a minimum, the restrictions in subsections (c)(1) to (c)(3), the rights and responsibilities of employees and actions that will be taken to ensure that the policy is effective. The policy shall be communicated to all employees within three weeks of its adoption, and at least yearly thereafter. All employers shall supply a written copy of the smoking policy to any employee who so requests.
B. Signs: Signs indicating whether or not smoking is permitted shall be clearly, sufficiently and conspicuously posted in every establishment managed by the employer and regulated by this section in such manner as to give adequate notice to members of the general public.
C. Ashtrays: Ashtrays shall be removed from areas where smoking is prohibited.
D. Enforcement: Persons smoking in violation of the employer's smoking policy or this section shall be requested to stop.
E. Resolving disputes: In any dispute arising under the employer's smoking policy or this section, the health concerns of the nonsmoker shall be given precedence.
F. Nondiscrimination: No employer shall discharge, refuse to hire or in any manner discriminate against any employee or applicant for employment because such employee or applicant exercises on behalf of himself, herself or others any rights afforded him or her by the employer's smoking policy or by this section.
(d) Exemptions. The restrictions in subsections (b) and (c) shall not apply to:
(1) An entire room or hall which is being used for a private social function, provided that the seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place;
(2) A limousine for hire, taxicab or a hotel or motel courtesy vehicle where the driver and all passengers affirmatively consent to smoking in such vehicle;
(3) Retail tobacco stores;
(4) Any private room in a health-care facility, or any semi-private room in a health-care facility, if both occupants have requested in writing to be placed in a room where smoking is prohibited;
(5) An eating establishment that seats fewer than fifty people, provided that sign stating that a no-smoking area is not available is conspicuously posted on all public entrances or in a position clearly visible on entry into the establishment;
(6) Private residences except those portions of a private residence used as a child-care or health-care facility or serving as a place of employment;
(7) Places owned or operated by governmental agencies not under the jurisdiction of the City;
(8) Bars;
(9) This subsection shall not be interpreted or construed to require persons in charge of places within subsections (d)(1) to (d)(8) hereof to permit smoking therein.
(e) Designation of Smoking Areas. Smoking areas may be designated in accordance with the provisions of this subsection by proprietors, employers or other persons in charge of places within subsections (b)(2) and (c)(3) hereof, except in places in which smoking is otherwise prohibited by law.
(1) Number and size. No more than seventy percent (70%) of the total floor space of any establishment, or portion thereof, within subsections (b)(2) or (c)(3) hereof may be designated as a smoking area except that no more than ninety percent (90%) of the dining area of an eating establishment, employee cafeteria, employee lunchroom or employee lounge may be designated as a smoking area and no more than ninety percent (90%) of hotel or motel rooms rented to guests may be designated as smoking areas. In the case of establishments consisting of single roam, no more than seventy percent (70%) of the room may be designated as a smoking area. In the case of establishments consisting of more than one room, no more than seventy percent (70%) of the rooms may be designated as smoking areas.
(2) Barriers and ventilation. Smoking areas may be designated using existing barriers and ventilation systems to the maximum extent practicable to minimize the migration of smoke to adjacent no-smoking areas. Where modifications are made to such establishments for other reasons, barriers and ventilation systems shall be modified to the extent practicable to minimize the migration of smoke to adjacent no-smoking areas, provided that persons undertaking such modification shall not be required to incur any expense to meet the requirements of this subsection.
(3) Prohibition permitted. This subsection shall not be interpreted or construed to require persons in charge of places within subsections (c)(2) or (d)(3) hereof to provide smoking areas. Notwithstanding any other provision of this section, any proprietor, employer or other person in charge of an establishment may declare that entire establishment as a no-smoking area.
(f) Violations and Penalties.
(1) No person who owns, manages, operates or otherwise controls the use of any establishment subject to the restrictions of this section shall fail to comply with its provisions.
(2) No person shall smoke in any area restricted by the provisions of this section.
(3) Whoever violates any provision of this section is guilty of a minor misdemeanor.
(4) Each day on which a violation of any provision of this section occurs is a separate and distinct offense and shall be punishable as such.
(g) Enforcement. Enforcement Agency: Enforcement shall be implemented by the Fire Department which shall:
(1) Establish a telephone number through which all complaints by residents relating to violations of this section may be directed or referred;
(2) Require, while an establishment is undergoing otherwise mandated inspections, a "self-certification" from the owner, manager, operator or other person having control of such establishment that all requirements of this section have been complied with.
(3) For establishments found out of compliance with this section or receiving repeated resident complaints, the Fire Department shall:
A. Provide to the proprietor or employer a copy of the provisions of this section and such advisory assistance to rectify future violations as may be necessary to achieve compliance with the provisions of this section.
B. To follow up such investigation and advice with a written directive explaining in detail the steps required in order to achieve future compliance with the provisions of this section; and
C. If the violations do not cease following the expiration of a reasonable period of time, request commencement of a criminal proceeding by the Prosecutor, as may be appropriate pursuant to the provisions of subsection (h) hereof.
(h) Education. The Fire Department shall engage in a continuing program to inform and clarify the purposes of this section to residents affected by it, and to guide proprietors and employers in their compliance.
(i) Governmental Agency Cooperation. The Mayor shall annually request such governmental and educational agencies having offices within the City to establish local operating procedures to cooperate and comply with this section and shall urge enforcement of their existing smoking restrictions.
(j) Relation to Other Law. This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by law, nor to relieve any proprietor, employer or other responsible party from any liability resulting from exposure to tobacco smoke.
(k) Severabilitv. If any provision, clause, sentence or paragraph of this section, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions, or application of the provisions, of this section which can be given effect without the invalid provision, or application, and to this end the provisions of this section are hereby declared to be severable.
(Ord. 22-90. Passed 7-23-90.)