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S. B. No. 346 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Buehrer, Cafaro, Cates, Grendell, Mumper, Niehaus, Padgett, Roberts, Schaffer, Seitz, Smith, Spada
A BILL
To amend sections 3794.01 and 3794.03 of the Revised
Code regarding smoking ban exemptions involving
family-owned businesses, outdoor patios, and
private clubs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3794.01 and 3794.03 of the Revised
Code be amended to read as follows:
Sec. 3794.01. Definitions.
(A) "Smoking" means inhaling, exhaling, burning, or carrying
any lighted cigar, cigarette, pipe, or other lighted smoking
device for burning tobacco or any other plant. "Smoking" does not
include the burning of incense in a religious ceremony.
(B) "Public place" means an enclosed area to which the public
is invited or in which the public is permitted and that is not a
private residence.
(C) "Place of employment" means an enclosed area under the
direct or indirect control of an employer that the employer's
employees use for work or any other purpose, including but not
limited to, offices, meeting rooms, sales, production and storage
areas, restrooms, stairways, hallways, warehouses, garages, and
vehicles. An enclosed area as described herein is a place of
employment without regard to the time of day or the presence of
employees.
(D) "Employee" means a person who is employed by an employer,
or who contracts with an employer or third person to perform
services for an employer, or who otherwise performs services for
an employer for compensation or for no compensation.
(E) "Employer" means the state or any individual, business,
association, political subdivision, or other public or private
entity, including a nonprofit entity, that employs or contracts
for or accepts the provision of services from one or more
employees.
(F) "Enclosed Area" means an area with a roof or other
overhead covering of any kind and walls or side coverings of any
kind, regardless of the presence of openings for ingress and
egress, on all sides or on all sides but one.
(G) "Proprietor" means an employer, owner, manager, operator,
liquor permit holder, or person in charge or control of a public
place or place of employment.
(H) "Retail tobacco store" means a retail establishment that
derives more than eighty percent per cent of its gross revenue
from the sale of cigars, cigarettes, pipes, or other smoking
devices for burning tobacco and related smoking accessories and in
which the sale of other products is merely incidental. "Retail
tobacco store" does not include a tobacco department or section of
a larger commercial establishment or of any establishment with a
liquor permit or of any restaurant.
(I) "Outdoor patio" means an area that is either: enclosed by
a roof or other overhead covering and walls or side coverings on
not more than two sides; or has no roof or other overhead covering
regardless of the number of walls or other side coverings.
Sec. 3794.03. Areas where smoking is not regulated by this
chapter.
The following shall be exempt from the provisions of this
chapter:
(A) Private residences, except during the hours of operation
as a child care or adult care facility for compensation, during
the hours of operation as a business by a person other than a
person residing in the private residence, or during the hours of
operation as a business, when employees of the business, who are
not residents of the private residence or are not related to the
owner, are present.
(B) Rooms for sleeping in hotels, motels and other lodging
facilities designated as smoking rooms; provided, however, that
not more than twenty percent per cent of sleeping rooms may be so
designated.
(C) Family-owned A family-owned and operated places place of
employment in which
all employees are related to the owner, but
only if the enclosed
areas of the place of employment are not
open to the public, are
in a free standing structure occupied
solely by the
place of employment, and smoke from the place of
employment does
not migrate into an enclosed area where smoking
is prohibited
under the provisions of this chapter.
As used in this division, "family-owned and operated place of
employment" means a business or corporate structure to which all
of the following apply:
(1) The business or corporate structure is not publicly owned
or traded.
(2) The business or corporate structure has a president or
chief operating officer who comes from a family having controlling
interest in the business or corporate structure.
(3) The business or corporate structure is located in a
freestanding structure or is separated from any other business by
a firewall.
(D) Any nursing home, as defined in division (A) of section
3721.10(A) of the Revised Code, but only to the extent necessary
to comply with division (A)(18) of section 3721.13(A)(18) of the
Revised Code. If indoor smoking area is provided by a nursing home
for residents of the nursing home, the designated indoor smoking
area shall be separately enclosed and separately ventilated so
that tobacco smoke does not enter, through entrances, windows,
ventilation systems, or other means, any areas where smoking is
otherwise prohibited under this chapter. Only residents of the
nursing home may utilize the designated indoor smoking area for
smoking. A nursing home may designate specific times when the
indoor smoking area may be used for such purpose. No employee of a
nursing home shall be required to accompany a resident into a
designated indoor smoking area or perform services in such area
when being used for smoking.
(E) Retail tobacco stores as defined in division (H) of
section 3794.01(H) of this chapter the Revised Code in operation
prior to the effective date of this section December 7, 2006. The
retail tobacco store shall annually file with the department of
health by the thirty-first day of January thirty first an
affidavit stating the percentage of its gross income during the
prior calendar year that was derived from the sale of cigars,
cigarettes, pipes, or other smoking devices for smoking tobacco
and related smoking accessories. Any retail tobacco store that
begins operation after the effective date of this section December
7, 2006, or any existing retail tobacco store that relocates to
another location after the effective date of this section December
7, 2006, may only qualify for this exemption if located in a
freestanding structure occupied solely by the business and smoke
from the business does not migrate into an enclosed area where
smoking is prohibited under the provisions of this chapter.
(F) Outdoor patios as defined in Section 3794.01(I) of this
chapter. All outdoor
patios shall be physically separated from an
enclosed area. If
windows or doors form any part of the partition
between an
enclosed area and the outdoor patio, the openings
shall be closed
to prevent the migration of smoke into the
enclosed area. If
windows or doors do not prevent the migration
of smoke into the
enclosed area, the outdoor patio shall be
considered an extension
of the enclosed area and subject to the
prohibitions of this
chapter An outdoor patio.
As used in this division, "outdoor
patio" means any area not
enclosed with permanent walls, that does
not function as a
parking lot, and is attached or immediately
adjacent to the
permanent structure of a building, except that in the case of a
community-based correctional facility developed pursuant to
Chapter 2301. of the Revised Code or a facility licensed under
section 2967.14 of the Revised Code, "outdoor patio" includes an
area that is immediately adjacent to the permanent structure of
the facility, has at least one side of the enclosure consisting of
one wall of the facility, and is otherwise enclosed with a fence
or other material used for security purposes.
(G) Private clubs as defined in division (B)(13) of section
4301.01(B)(13) of the Revised Code, provided all of the following
apply: the club has no employees; that the club is organized as a
not-for-profit entity; only members of the club are present in the
club's building; no persons under the age of eighteen are present
in the club's building; the club is located in a freestanding
structure occupied solely by the club; smoke from the club does
not migrate into an enclosed area where smoking is prohibited
under the provisions of this chapter;, and, if the club serves
alcohol, it holds a valid D4 liquor permit.
Section 2. That existing sections 3794.01 and 3794.03 of the
Revised Code are hereby repealed.
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