1755.01 Definitions.
1755.02 Restrictions on smoking in public places.
1755.03 Restrictions on smoking in places of employment.
1755.04 Exemptions.
1755.05 Designation of smoking areas.
1755.06 Enforcement.
1755.07 Board of Education facilities.
1755.08 Government agency cooperation.
1755.09 Relation to other law and to existing law.
1755.99 Penalty.
As used in this chapter:
(a) "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 beverages. An establishment which would usually be defined as an eating establishment under subsection (b) hereof may, during certain periods (not including regular meal times) when the service of food is only incidental to the consumption of intoxicating beverages, be defined temporarily as a bar.
(b) "Eating establishments" means any restaurant, coffee shop, cafeteria, luncheonette, 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.
(c) "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit or as a volunteer.
(d) "Employer" means any person who employs the services of an individual person or any person in charge of a place of employment. "Employer" excludes building owners and managers in areas leased, rented or otherwise controlled by tenants.
(e) "Enclosed indoor area" means closed in by a roof and walls on at least three sides with an appropriate opening for ingress and egress.
(f) "Establishment" means any physical facility operated by a commercial enterprise, nonprofit entity, government agency or any other person.
(g) "Grocery store" means any supermarket, convenience store and any other retail food production and marketing establishment.
(h) "Health-care facility" means any laboratories associated with the rendition of health-care treatment, hospitals, clinics, rest homes, nursing homes, doctors' offices, dentists' offices and other establishments involved in the provision of health care.
(i) "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.
(j) "Members of employee groups" means both union and non-union groups, students, clients and other similar invitees of any establishment, business, company or corporation, and excludes members of the general public.
(k) "Place of employment" means that portion of any enclosed, indoor area under the control of a public or private employer which members of employee groups 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 workplaces, factories, warehouses and laboratories. The dining area of an eating establishment is not a place of employment.
(l) "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. This applies to both "public" and "private" elections.
(m) "Proprietor" means the owner, manager, operator or other person in charge of a public or private place. "Proprietor" excludes building owners and managers in areas leased, rented or otherwise controlled by individual tenants.
(n) "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.
(o) "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.
(p) "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.
(q) "Sign" means legible, English lettering on a contrasting background to clearly indicate where smoking is permitted or not permitted and to provide related information. 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. A sign shall be of sufficient size to be clearly legible to one of normal vision throughout the area it is intended to mark.
(r) "Smoking material" means any cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.
(s) "Work area" means any room, desk, station or other area normally occupied by an employee while carrying out his primary work functions.
(t) "Person" means any individual, firm, partnership, association, corporation, company, organization or legal entity of any kind.
(Res. 131. Passed 6-24-92.)
(a) Smoking Prohibited. Except as provided in Section 1755.04, the possession of lighted smoking materials in any form is prohibited in any of the following enclosed public spaces, excluding portions to which members of the general public are not normally invited:
(1) 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, cleaners and laundromats;
(2) Vehicles of public transportation including, but not limited to, trains, buses, minivans, courtesy vehicles and associated terminals;
(3) Enclosed theaters, auditoriums, concert halls, arenas and public meeting rooms except the lobbies (listed in subsection (b) hereof) associated with such establishments;
(4) Elevators, stairwells, escalators and hallways;
(5) Indoor service lines;
(6) Public restrooms;
(7) Courtrooms, jury waiting rooms and deliberation rooms;
(8) Gymnasiums, exercise rooms and health spas;
(9) Libraries and educational facilities;
(10) Places of exhibition including, but not limited to museums, aquariums and galleries;
(11) Polling places.
(b) Smoking Prohibited Except in Designated Sections: Except as provided in Sections 1755.04 and 1755.05, the possession of lighted smoking materials in any form is prohibited in any enclosed public places not identified in subsection (a) hereof, excluding portions to which members of the general public are not normally invited, including, but not limited to:
(1) Eating establishments;
(2) Hotels and motels, including rooms rented to guests;
(3) Indoor places of entertainment and recreation including, but not limited to, roller and ice skating rinks, dance halls, swimming pools and bingo halls;
(4) Enclosed shopping centers and malls except retail stores and retail service establishments (listed in subsection (a) hereof);
(5) Waiting areas and lobbies as long as these areas are so designed to insure adequate space to accommodate both smoking and nonsmoking areas which are noncontiguous, and ventilation is adequate in preventing contamination of nonsmoking areas. Smoking areas shall be placed in such a manner to insure that nonsmokers are not required to traverse smoking areas to reach their final destination;
(6) Buildings and enclosed structures (or any portion thereof) owned, leased or operated by the City;
(7) Any other enclosed indoor area used by members of the general public.
(c) Health-care Facilities. Health-care facilities, due to their unique nature and needs required to adequately serve their patients, employees and the general public, have the authority to establish and regulate their own smoking policies, as long as such policies do not conflict with the intent of this chapter and are as restrictive as those within this chapter.
(d) Responsibility of Proprietors. The proprietor of a place within subsections (a) and (b) hereof shall utilize their best efforts to ensure that the provisions of the subsection are met with regard to such place.
(1) 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 chapter in such manner as to give adequate notice to members of the general public according to the following guidelines:
A. 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.
B. In enclosed theaters, auditoriums, concert halls and public meeting rooms, signs stating that smoking is prohibited shall be conspicuously posted within such areas and in associated lobbies. In the case of enclosed 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.
C. At indoor service lines, signs indicating that smoking is prohibited shall be visible to people in such lines.
D. 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.
E. In hotels and motels, a sign indicating that no-smoking rooms are available shall be posted at the registration area.
F. Signs indicating that smoking is prohibited in elevators, stairwells, escalators and hallways shall be posted in elevators, elevator lobbies on each floor, and stairwell and escalator entrances on each floor.
(2) Public seating. Where seating is provided for the public and a smoking area has been designated under Section 1755.05, seating shall be arranged to provide a smoke-free area; 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.
(3) Ashtrays. Ashtrays shall be removed from areas where smoking is prohibited except that an ashtray may be placed by the entrance of a no-smoking area provided that such area is clearly marked as a no-smoking area.
(4) Enforcement. Smokers may be affirmatively directed to designated smoking areas and persons smoking in violation of this chapter may be requested to stop.
(5) Balancing rights. In any dispute arising under this section, the rights of nonsmokers shall be given priority consideration, and resolution of such conflicts shall be made according to the intent of this chapter.
(Res. 131. Passed 6-24-92.)
(a) Private Employer. Private employers of fifteen or more employees shall, within six months of the effective date of this chapter, develop and institute a written policy regulating smoking in their places of employment. Such policies shall comply with the intent of this chapter and shall be filed with the City Board of Health within six months of their development and institution. The City Board of Health may, upon written request, extend the filing deadline for an additional three months.
(b) Smoking Prohibited Except in Designated Sections. The possession of lighted smoking materials in any form is prohibited in the following areas within a place of employment:
(1) Cafeterias, lunchrooms;
(2) Waiting rooms and lobbies;
(3) Designated individual work stations;
Smoking in other areas within a place of employment, where nonsmoking employees are not required to be, shall be at the discretion of the employer as set forth in Section 1755.05.
(c) Responsibilities of Employers. The employer or other person in charge of a place of employment, within this section, shall utilize his best effort to ensure that the provisions of this section are met with regard to such places.
(1) Smoking policy. 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 prospective employee who so requests, and to all new employees within one week of commencing their employment.
(2) Signs. No-smoking signs indicating that smoking is prohibited shall be clearly, sufficiently and conspicuously posted in no-smoking areas of every building, or other place managed by the employer and regulated by this chapter. The employer shall provide no-smoking signs indicating that smoking is prohibited to any employee requesting such signs for the purpose of identifying his or her work area.
(3) Ashtrays. Ashtrays shall be removed from areas where smoking is prohibited, (except where appropriate to extinguish smoking materials).
(4) Enforcement. Persons smoking in violation of the employer's smoking policy or this chapter shall be ordered to stop. It is not expected that employees and their agents will use whatever means available to bring about compliance with this chapter. The employer shall be ultimately responsible for compliance with this chapter.
(5) 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 his behalf, or on behalf of others, any rights afforded them by the employer's policy or by this chapter.
(6) Balancing rights. In any dispute arising under this section, the rights of nonsmokers shall be given priority consideration, and resolution of such conflicts shall be made according to the intent of this chapter.
(Res. 131. Passed 6-24-92.)
(a) 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;
(b) A limousine for hire, or patrol car that does not transport prisoners;
(c) Retail tobacco stores;
(d) Bars, taverns, etc. where over sixty-five percent (65%) of the establishment's total annual revenue is derived from the sole sale of alcoholic beverages;
(e) An eating establishment that seats fewer than thirty people provided that a sign is conspicuously posted on all public entrances or in a position clearly visible on entry into the establishment, stating either that a "no-smoking area is not available", or that "this restaurant encourages courtesy and consideration to both smokers and nonsmokers-please be courteous", or similar language;
(f) Private residences except those portions of a private residence used as a child care, adult care or health-care facility or serving as a place of employment;
(g) Places owned or operated by governmental agencies not under the jurisdiction of the Health District;
(h) Bowling centers;
(1) Such room is not normally used by members of the general public for the primary purpose of the establishment,
(2) Such room is enclosed by walls on all sides and openings adjacent to no-smoking areas are generally kept closed when occupied by smokers, and
(3) Such room occupies less than twenty percent (20%) of the total floor space of the establishment;
(j) A restroom, where at least two restrooms for use by the same gender are available on the same floor of the building.
(Res. 131. Passed 6-24-92.)
Smoking areas may be designated in accordance with the provisions of this section by proprietors or employers in charge of places within Sections 1755.02(b) and 1755.03(c), except where specifically prohibited by this chapter or otherwise prohibited by law. These designated smoking areas shall not be directly in the path of the general access, ingress and egress to the building establishments, shall be adequately ventilated and posted accordingly.
(a) Number and Size. No more than fifty percent (50%) of the total floor space of any establishment, or portion thereof, except eating establishments and hotel and motel rooms rented to guests, within Section 1755.02(b) or 1755.03(c), may be designated as a smoking area. In the case of establishments consisting of a single room, no more than fifty percent (50%) of the room may be designated as a smoking area. In the case of establishments consisting of more than one room, no more than fifty percent (50%) of the rooms may be designated as smoking areas. In all cases, adequate ventilation and barriers shall separate the smoking from the nonsmoking areas. Hotels and motels shall set aside a sufficient number of no-smoking guest rooms to meet customer demand.
(b) Barriers and Ventilations. Smoking areas may be designated using existing barriers and ventilation systems to the maximum extent practicable to minimize the migration of sidestream smoke to adjacent no-smoking areas. Where modifications are made to such establishments for other reasons, barriers and ventilation systems shall be modified to exclude sidestream smoke from migrating into no-smoking areas.
(c) Prohibition Permitted. This section shall not be interpreted or construed to require persons in charge of places within Sections 1755.02(b) or 1755.03(c) to provide smoking areas. Notwithstanding any other provision of this chapter, any proprietor or employer in charge of an establishment may declare that entire establishment as a smoke-free environment.
(Res. 131. Passed 6-24-92.)
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