Bill Text: OH SB120 | 2009-2010 | 128th General Assembly | Introduced
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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Senator Schuler
Cosponsors:
Senators Cates, Grendell, Schaffer, Seitz
To amend sections 3794.01 and 3794.03 of the Revised | 1 |
Code regarding exemptions from the smoking ban. | 2 |
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. | 5 |
As used in this chapter: | 6 |
(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 | 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" | 43 |
44 | |
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; | 50 |
(3) Carbon filtration; | 51 |
(4) Carbon dioxide filtration; | 52 |
(5) Smoke eaters; | 53 |
(6) Ozone machines. | 54 |
(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 | 70 |
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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 | 97 |
designated. | 98 |
(C) | 99 |
employment | 100 |
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(D) Any nursing home, as defined in division (A) of section | 106 |
3721.10 | 107 |
to comply with division (A)(18) of section 3721.13 | 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 | 122 |
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(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 | 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. | 130 |
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(3) A cigar bar is not required to file an affidavit pursuant | 138 |
to division (E)(2) of this section. | 139 |
(F) | 140 |
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(G) Private clubs as defined in division (B)(13) of section | 149 |
4301.01 | 150 |
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not-for-profit entity | 152 |
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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 |