Bill Text: OH SB120 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: Regarding exemptions from the smoking ban.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2009-04-30 - To State & Local Government & Veterans Affairs [SB120 Detail]

Download: Ohio-2009-SB120-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 120

Senator Schuler 

Cosponsors: Senators Cates, Grendell, Schaffer, Seitz 

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A BILL

To amend sections 3794.01 and 3794.03 of the Revised

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Code regarding exemptions from the smoking ban.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3794.01 and 3794.03 of the Revised	3
Code be amended to read as follows:	4

Sec.3794.01.Definitions.

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As used in this chapter:

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(A) "Smoking" means inhaling, exhaling, burning, or carrying	7
any lighted cigar, cigarette, pipe, or other lighted smoking	8
device for burning tobacco or any other plant. "Smoking" does not	9
include the burning of incense in a religious ceremony.	10

(B) "Public place" means an enclosed area to which the public	11
is invited or in which the public is permitted and that is not a	12
private residence.	13

(C) "Place of employment" means an enclosed area under the	14
direct or indirect control of an employer that the employer's	15
employees use for work or any other purpose, including but not	16
limited to, offices, meeting rooms, sales, production and storage	17
areas, restrooms, stairways, hallways, warehouses, garages, and	18
vehicles. An enclosed area as described herein is a place of	19
employment without regard to the time of day or the presence of	20
employees.	21

(D) "Employee" means a person who is employed by an employer,	22
or who contracts with an employer or third person to perform	23
services for an employer, or who otherwise performs services for	24
an employer for compensation or for no compensation.	25

(E) "Employer" means the state or any individual, business,	26
association, political subdivision, or other public or private	27
entity, including a nonprofit entity, that employs or contracts	28
for or accepts the provision of services from one or more	29
employees.	30

(F) "Enclosed Area" means an area with a roof or other	31
overhead covering of any kind and walls or side coverings of any	32
kind, regardless of the presence of openings for ingress and	33
egress, on all sides or on all sides but one.	34

(G) "Proprietor" means an employer, owner, manager, operator,	35
liquor permit holder, or person in charge or control of a public	36
place or place of employment.	37

(H) "Retail tobacco store" means a retail establishment that	38
derives more than eighty percentper cent of its gross revenue	39
from the sale of cigars, cigarettes, pipes, or other smoking	40
devices for burning tobacco and related smoking accessories and in	41
which the sale of other products is merely incidental. "Retail	42
tobacco store" does not include a tobacco department or section of	43
a larger commercial establishment or of any establishment with a	44
liquor permit or of any restaurantincludes a cigar bar.	45

(I) "Cigar bar" means a retail establishment that contains	46
all of the following:	47

(1) A walk-in humidor with a minimum volume of three hundred	48
cubic feet;	49

(2) A HEPA filtration system;

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(3) Carbon filtration;

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(4) Carbon dioxide filtration;

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(5) Smoke eaters;

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(6) Ozone machines.

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(J) "HEPA" has the same meaning as in section 3742.01 of the	55
Revised Code.	56

(K) "Family-owned and operated place of employment" means a	57
business or corporate structure to which all of the following	58
apply:	59

(1) The business or corporate structure is not publicly owned	60
or traded.	61

(2) The business or corporate structure has a president or	62
chief operating officer who comes from a family having controlling	63
interest in the business or corporate structure.	64

(3) The business or corporate structure is located in a	65
freestanding structure or is separated from any other business by	66
a firewall.	67

(4) The business or corporate structure holds a liquor permit	68
issued under Chapter 4303. of the Revised Code.	69

(L) "Outdoor patio" means an area that is either: enclosed by	70
a roof or other overhead covering and walls or side coverings on	71
not more than two sides; or has no roof or other overhead covering	72
regardless of the number of walls or other side coveringsany area	73
not enclosed with permanent walls, that does not function as a	74
parking lot, and is attached or immediately adjacent to the	75
permanent structure of a building, except that in the case of a	76
community-based correctional facility developed pursuant to	77
Chapter 2301. of the Revised Code or a facility licensed under	78
section 2967.14 of the Revised Code, "outdoor patio" includes an	79
area that is immediately adjacent to the permanent structure of	80
the facility, has at least one side of the enclosure consisting of	81
one wall of the facility, and is otherwise enclosed with a fence	82
or other material used for security purposes.	83

Sec.3794.03.Areas where smoking is not regulated by this	84
chapter.	85

The following shall be exempt from the provisions of this	86
chapter:	87

(A) Private residences, except during the hours of operation	88
as a child care or adult care facility for compensation, during	89
the hours of operation as a business by a person other than a	90
person residing in the private residence, or during the hours of	91
operation as a business, when employees of the business, who are	92
not residents of the private residence or are not related to the	93
owner, are present.	94

(B) Rooms for sleeping in hotels, motels and other lodging	95
facilities designated as smoking rooms; provided, however, that	96
not more than twenty percentper cent of sleeping rooms may be so	97
designated.	98

(C) Family-ownedA family-owned and operated placesplace of	99
employment in which all employees are related to the owner, but	100
only if the enclosed areas of the place of employment are not	101
open to the public, are in a free standing structure occupied	102
solely by the place of employment, and smoke from the place of	103
employment does not migrate into an enclosed area where smoking	104
is prohibited under the provisions of this chapter.	105

(D) Any nursing home, as defined in division (A) of section	106
3721.10(A) of the Revised Code, but only to the extent necessary	107
to comply with division (A)(18) of section 3721.13(A)(18) of the	108
Revised Code. If indoor smoking area is provided by a nursing home	109
for residents of the nursing home, the designated indoor smoking	110
area shall be separately enclosed and separately ventilated so	111
that tobacco smoke does not enter, through entrances, windows,	112
ventilation systems, or other means, any areas where smoking is	113
otherwise prohibited under this chapter. Only residents of the	114
nursing home may utilize the designated indoor smoking area for	115
smoking. A nursing home may designate specific times when the	116
indoor smoking area may be used for such purpose. No employee of a	117
nursing home shall be required to accompany a resident into a	118
designated indoor smoking area or perform services in such area	119
when being used for smoking.	120

(E)(1) Retail tobacco stores as defined in division (H) of	121
section 3794.01(H) of this chapter in operation prior to the	122
effective date of this sectionthe Revised Code. The	123

(2) Except as provided in division (E)(3) of this section, a	124
retail tobacco store shall annually file with the department of	125
health by the thirty-first day of January thirty first an	126
affidavit stating the percentage of its gross income during the	127
prior calendar year that was derived from the sale of cigars,	128
cigarettes, pipes, or other smoking devices for smoking tobacco	129
and related smoking accessories. Any retail tobacco store that	130
begins operation after the effective date of this section or any	131
existing retail tobacco store that relocates to another location	132
after the effective date of this section may only qualify for this	133
exemption if located in a freestanding structure occupied solely	134
by the business and smoke from the business does not migrate into	135
an enclosed area where smoking is prohibited under the provisions	136
of this chapter.	137

(3) A cigar bar is not required to file an affidavit pursuant	138
to division (E)(2) of this section.	139

(F) Outdoor patios as defined in Section 3794.01(I) of this	140
chapter. All outdoor patios shall be physically separated from an	141
enclosed area. If windows or doors form any part of the partition	142
between an enclosed area and the outdoor patio, the openings	143
shall be closed to prevent the migration of smoke into the	144
enclosed area. If windows or doors do not prevent the migration	145
of smoke into the enclosed area, the outdoor patio shall be	146
considered an extension of the enclosed area and subject to the	147
prohibitions of this chapterAn outdoor patio.	148

(G) Private clubs as defined in division (B)(13) of section	149
4301.01(B)(13) of the Revised Code, provided all of the following	150
apply: the club has no employees;that the club is organized as a	151
not-for-profit entity; only members of the club are present in the	152
club's building; no persons under the age of eighteen are present	153
in the club's building; the club is located in a freestanding	154
structure occupied solely by the club; smoke from the club does	155
not migrate into an enclosed area where smoking is prohibited	156
under the provisions of this chapter;, and, if the club serves	157
alcohol, it holds a valid D4 liquor permit.	158

Section 2. That existing sections 3794.01 and 3794.03 of the	159
Revised Code are hereby repealed.	160