DawgTalkers.net Forums DawgTalk Tailgate Forum New Smoking Ban To Affect Trucking Companies

Good question,...I bet "a fair amount" of those places don't rely on the alcohol-nicotine connection to stay in business.

Now on the other hand, there never has been a choice--that I'm aware of--to go to a bar and not have to smell the smoke. The wife and I have, on many many occasions, wished for such a place, even comtemplated opening one. I think it could work---would you go ?

(Don't get me wrong, I am anti-antibusiness)

http://www.maviswinkles.com/

Here's one in Independence, Oh.... very nice Irish Pub, completely non-smoking, always packed.

Why there was ever a need for this law, I'll never know. If people *REALLY, REALLY* wanted to go to non smoking places, then all they had to do was go to non smoking places. If there are none, then open one... there's bound to be folks that feel the same way.... instead, because noone thought to fill an obvious niche in the market, we're stuck with legislation requiring EVERYONE to fill that niche.

[censored] absurd.

Thanks for the post,...I have always thought it would be a good idea--the clubs on all the bases have been NS for years, and I always wondered why someone didn't have one "out here,..."

Guess I didn't have the cajones,...certainly don't like the ban, at least in the regard to telling a taxpaying businessman how to run his business.

well, I wouldn't go starting one up now... the market's gonna be flooded starting tomorrow <img src="/images/graemlins/smirk.gif" alt="" />

I think the black market bars are the way to go now. <img src="/images/graemlins/thumbsup.gif" alt="" /> <img src="/images/graemlins/grin.gif" alt="" />

yeah, but ya gotta know all the secret handshakes and stuff.... soooo much to remember <img src="/images/graemlins/tongue.gif" alt="" />

thats why country bars are better, just toss a road kill in the trash can / Cooker and your in..... <img src="/images/graemlins/rofl.gif" alt="" />

I guess my idea of opening a smoking / oxygen bar in Cleveland is a bad idea huh? <img src="/images/graemlins/wink.gif" alt="" />

Not really sure exactly how they'd prove it if you'd challenge it, but as a non-smoker myself, it is pretty easy to tell when a room has been smoked in. From personal experience, I live in a house with a couple roomates and the house had never been smoked in. I left for a week for Thanksgiving and came back, and immediately when I walked in the door I could tell someone had smoked a cigarette inside. Said cigarette (just sounded funny to me) was smoked a day before I got back. This was in a large room with only two couches, no curtains, no blankets, no sheets, no carpet, etc. which the scent sticks to longer. I'm sure in a non smoking room, it is fairly easy for them to tell if it has been smoked in unless there has been a lot done to cover up the smell.

Unless they changed it from when I lived there, if you had 3 employees or less and they all agreed, you could smoke there...something like that. And there was something about smoking being the main attraction at your bars (i.e., you could smoke at the cigar bar named Smoke down the street).

Leave it up to erie newspaper for not prof-reading their articles. <img src="/images/graemlins/tongue.gif" alt="" />

Has a response to everyone who says banning smoking is taking away ones freedom, what about a non-smoker freedom of being able to walk into a bar or other eating establishment and not have to breath in a cloud of smoke from the smokers? Must that non-smoker be forced to stay at home or look around for a non-smoking bar (have not find one yet)??

j/c


here's my problem... I'm American ya know... the land of the taxed and home of the laws and more laws. I mean... land of the free and home of the Brave. This really isn't about smoking for me anymore... If we smokers or non-smokers wish to change the law we have to do something about it. The fact is we won't. They also raised the tax on it 3.00 a carton. It starts tonight at 12. So it's officially almost 5.00 a pack. I always said when it hit 5.00 a pack I'd quit. Good thing I smoke Camel Menthol Lights b/c they are going to be 4.74 lol. Anywho we should have a choice. We have always had a choice. They tried this Effing stuff with guns not too long ago. I don't want to live around a campfire singing Coombaya or however the truck you spell it.

I am sick of the laws I'm sick of being told what to do where to do it and how to do it. I am going to start a middle-wing party... I'm gonna call it I want my own choice... party) It will be made up of people that remember what it is to be an american to have your choices. I want to strip the overwhelming laws that remove choices from people. In some senses bring things back they were back in 1950. (obviously with some changes in civil rights) This country is founded on defending our rights and our choices... We need to change things before this country turns into California.

we have had them in clevealnd for few years... go online and find them and if you don't can't... be the first to create one.

Sounds like the majority of Ohioans are mindless goofs passing laws like that.

Thankfully not all our football players are,.... <img src="/images/graemlins/rofl.gif" alt="" />

(Just kidding 'Peen)

the problem isn't that they are mindless... and it's a very small percentage of the population that has all day to think of laws bribe people and be bribed to pass laws. We as people dont' have time to make these types of decisions and we rely on this small percentage to make them for us... needless to say they have let us down.

I'm am 100% for ban on smoking in public places and bars and restaurants... I don't want to get your lung cancer... I can get other cancers on my own...

but to ban it in a truck cab is stupid and pointless.... how many 'public' people ride in a truck cab?? Just stupid IMO

I'm confused....does that mean you didn't vote on this issue?

of course I did...

Okay...just checking. <img src="/images/graemlins/wink.gif" alt="" />

thank mom...

I know I'm 25 but sheesh <img src="/images/graemlins/tongue.gif" alt="" />

Ohio Smoking Ban Website

TEXT OF PROPOSED LAW, (Which was recently enacted)

Be it Enacted by the People of the State of Ohio.

[color:"orange"] Section 1. [/color]

3794.01 Definitions.

As used in this chapter:

(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 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.

[color:"orange"] 3794.02 Smoking Prohibitions. [/color]

(A) No proprietor of a public place or place of employment, except as permitted in section 3794.03 of this chapter, shall permit smoking in the public place or place of employment or in the areas directly or indirectly under the control of the proprietor immediately adjacent to locations of ingress or egress to the public place
or place of employment.

(B) A proprietor of a public place or place of employment shall ensure that tobacco smoke does not enter any area in which smoking is prohibited under this chapter through entrances, windows, ventilation systems, or other means.

(C) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an individual for exercising any right, including reporting a violation, or performing any obligation under this chapter.

(D) No person shall refuse to immediately discontinue smoking in a public place, place of employment, or establishment, facility or outdoor area declared nonsmoking under section 3794.05 of this chapter when requested to do so by the proprietor or any employee of an employer of the public place, place of employment or establishment, facility or outdoor area.

(E) Lack of intent to violate a provision of this chapter shall not be a defense to a violation.

[color:"orange"] 3794.03 Areas where smoking is not regulated by this chapter. [/color]

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 of sleeping rooms may be so designated.

(C) Family-owned and operated places 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.

(D) Any nursing home, as defined in section 3721.10(A) of the Revised Code, but only to the extent necessary to comply with 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 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 section 3794.01(H) of this chapter in operation prior to the effective date of this section. The retail tobacco store shall annually file with the department of health by 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 or any existing retail tobacco store that relocates to another location after the effective date of this section 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.

(G) Private clubs as defined in section 4301.01(B)(13) of the Revised Code, provided all of the following apply: the club has no employees; 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.

[color:"orange"] 3794.04 Construction; other applicable laws. [/color]

Because medical studies have conclusively shown that exposure to secondhand smoke from tobacco causes illness and disease, including lung cancer, heart disease, and respiratory illness, smoking in the workplace is a statewide concern and, therefore, it is in the best interests of public health that smoking of tobacco products be prohibited in public places and places of employment and that there be a uniform statewide minimum standard to protect workers and the public from the health hazards associated with exposure to secondhand smoke from tobacco.

The provisions of this chapter shall be liberally construed so as to further its purposes of protecting public health and the health of employees and shall prevail over any less restrictive state or local laws or regulations. Nothing in this chapter shall be construed to permit smoking where it is otherwise restricted by other laws or regulations.

[color:"orange"] 3794.05 Declaration of establishment as nonsmoking.[/color]

Notwithstanding any other provision of this chapter, the owner, manager, operator, or other person in charge or control of an establishment, facility, or outdoor area which does not otherwise qualify as a public place or place of employment may declare such establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place declared nonsmoking under this section where a sign conforming to the requirements of section 3794.06 is posted.

[color:"orange"] 3794.06 Posting of signs; prohibition of ashtrays; responsibilities of proprietors. [/color]

In addition to the prohibitions contained in section 3794.02 of this chapter, the proprietor of a public place or place of employment shall comply with the following requirements:

(A) ?No Smoking? signs or 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) shall be conspicuously posted in every public place and place of employment where smoking is prohibited by this chapter, including at each entrance to the public place or place of employment. Signs shall be of sufficient size to be clearly legible to a person of normal vision throughout the areas they are intended to mark. All signs shall contain a telephone number for reporting violations.

(B) All ashtrays and other receptacles used for disposing of smoking materials shall be removed from any area where smoking is prohibited by this chapter.

[color:"orange"] 3794.07 Duties of the Department of Health. [/color]

This chapter shall be enforced by the department of health and its designees. The director of health shall within six months of the effective date of this section:

(A) Promulgate rules in accordance with Chapter 119 of the Revised Code to implement and enforce all provisions of this chapter;

(B) Promulgate rules in accordance with Chapter 119 of the Revised Code to prescribe a schedule of fines for violations of this chapter designed to foster compliance with the provisions of this chapter. The amount of a fine for a violation of 3794.02 (A) and (B) shall not be less than one hundred dollars and the maximum for a violation shall be twenty five hundred dollars. The amount of a fine for a violation of 3794.02 (D) shall be up to a maximum of one hundred dollars per violation. Each day of a violation shall constitute a separate violation. The schedule of fines that apply to a proprietor shall be progressive based on the number of prior violations by the proprietor. Violations which occurred more than two years prior to a subsequent violation shall not be considered if there has been no finding of a violation in the intervening time period. The fine schedule shall set forth specific factors that may be considered to decrease or waive the amount of a fine that otherwise would apply. Fines shall be doubled for intentional violations;

(C) Promulgate rules in accordance with Chapter 119 of the Revised Code to prescribe a procedure for providing a proprietor or individual written notice of a report of a violation and the opportunity to present in writing any statement or evidence to contest the report, and prescribing procedures for making findings whether a proprietor or individual violated a provision of this chapter and for imposing fines for violations;

(D) Establish a system for receiving reports of violations of the provisions of this chapter from any member of the public, including, but not limited to, by mail and one or more e-mail addresses and toll free telephone numbers exclusively for such purpose. A person shall not be required to disclose his or her identity in order to report a violation;

(E) Inform proprietors of public places and places of employment of the requirements of this chapter and how to comply with its provisions, including, but not limited to, by providing printed and other materials and a toll free telephone number and e-mail address exclusively for such purposes; and

(F) Design and implement a program to educate the public regarding the provisions of this chapter, including, but not limited to, through the establishment of an internet website and how a violation may be reported.

[color:"orange"] 3794.08 Smoke Free Indoor Air Fund. [/color]

There is hereby created in the state treasury the smoke free indoor air fund. All fines collected pursuant to this chapter and any grant, contribution, or other moneys received by the department of health for the purposes of this chapter shall be credited to the smoke free indoor air fund and used solely for the purposes of this chapter.

[color:"orange"] 3794.09 Enforcement; Penalties. [/color]

(A) Upon the receipt of a first report that a proprietor of a public place or place of employment or an individual has violated any provision of this chapter, the department of health or its designee shall investigate the report and, if it concludes that there was a violation, issue a warning letter to the proprietor or individual.

(B) Upon a report of a second or subsequent violation of any provision of this chapter by a proprietor of a public place or place of employment or an individual, the department of health or its designee shall investigate the report. If the director of health or director?s designee concludes, based on all of the information before him or her, that there was a violation, he or she shall impose a civil fine upon the proprietor or individual in accordance with the schedule of fines required to be promulgated under section 3794.07 of this chapter.

(C) Any proprietor or individual against whom a finding of a violation is made under this chapter may appeal the finding to the Franklin County Court of Common Pleas. Such appeal shall be governed by the provisions of section 119.12 of the Revised Code.

(D) The director of health may institute an action in the court of common pleas seeking an order in equity against a proprietor or individual that has repeatedly violated the provisions of this chapter or fails to comply with its provisions.

[color:"orange"] Section 2. Severability.[/color]

If any provision of this chapter or the application thereof to any person or circumstances shall be held invalid by a court, that invalidity shall not affect the other provisions of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

The people of Ohio are morons.

I'm announcing my '08 platform for banning all cell phone conversations in public areas. I don't want to have to hear your conversation when I'm out.

I'll vote for it, it's a nuisance and it's noise pollution and when you add in a motor vehicle, it's a legitimate safety hazard to the operator and everyone around them.
I can't go to a restaurant and get a 'no talking on phones section', so the only way to fix it is to ban their use in all public locations.

It's for our own good.

And cell phones cause brain cancer. I read about the research on the internet.

Yeah, and they blow up at gas stations!

now that I think about it, rather than banning all cell phones, we should just require all phones be wired.

This would stop people from disobeying the law and using them while driving anyway, and it'll help us by preventing us from taking them with us. In fact, we won't be able to walk more than a few feet from a spot on the wall while using the phone and in this manner we can more easily monitor our own safety when using the device as well as avoid brain cancer and the nuisance & hazards it creates for those around us.

Is that really a law? <img src="/images/graemlins/confused.gif" alt="" />

By the way, this smoking thing may not take effect yet....it's gonna get ugly. <img src="/images/graemlins/smirk.gif" alt="" />

actually, yes, depending on the city you are in. In Brookpark, OH it is illegal to talk on a cellphone while your vehicle is in operation. If you want to make/take a call, you have to either leave the city or pull off to the side of the road and park.... and I commend that city for it.

Okay, city laws make sense....I was thinking state.

I personally am glad this passed and is in effect.

My father-in-law passed away due to lung cancer. Smoked every day for 30+ years and died at the age of 52. I myself hope to live longer than that and do not want second hand smoke cutting my life shorter.

Nothing is more irritating than sitting in a non-smoking section of a restaurant and having some ahole sitting AT THE NEXT TABLE in the smoking section, blow his cancer stick smoke my direction. Makes the food taste oh so good!

Smokers had as much say in this thing as non-smokers. Apparently non-smokers out number smokers.

What gets me is that smoking is LEGAL. You want it gone from your life for good, vote to make it against the law. It should be up to business owners to allow smoking or not, not the non-smokers that just want to cry about their RIGHTS. Where are smokers rights in this? Oh, that's right...they don't have any.

You'll probably be one of the dorks that walk around with the tattletale phone number programmed into your cell phone. <img src="/images/graemlins/rolleyes1.gif" alt="" />

Beyond the legality aspect...they PROFIT from it.

If you want to make this ban fair...stop taking taxes from cigarettes. You no longer have that right. If the public can't tolerate them, the public can't benefit from the revenue they produce.

Salt is next.

Yeah. It's like they keep dying or something.

I'm a smoker. I voted no. The law in concept is progress, and I am learning too accept it. I have always believed that our free to act, is based on the harm these acts posed too others. The act of producing second hand smoke harms others is a scientific fact. The law is overbearing in some cases, as are most laws, founded by extremists.
One thing, is the cost of buying and hanging signs. I'm sure there were some smart sign makers, pushing for the passage of this bill. Signs at every entrance is overkill, considering this is a state law, and not a local ordinance. The cost of maintaining these signs, will be an issue, due too morons, that will vandalize them.

Another is the truck cab prohibition. The law is inacted too protect the health of non-smokers. The only thing this prohibition would protect a non-smoker from is the smells. The policy of smoking, should be left too the owner of the Trucks.

Also, for those that have the perk of driving a company car, should be able too smoke, if employer's policy permits it.

JMHO

Where are smokers rights in this? Oh, that's right...they don't have any.

Please don't go lefty on me Michelle,...I have an occasional cigar at celebretory events, but I do not classify myself a "smoker" whose rights are being violated. I go out of my way to ensure that I do not bother any non-smoker, up to and including never smoking in a restaurant. IN MY OPINION, my right to breathe free and clean fresh air is more important than any smoker's right is to infringe on others. I just feel it is a humane approach. I suspect you are not a smoker at all--which of these rights would be more important to you ? The right to smoke where and whenever you feel, or your right to breathe clean and fresh air ? Again, I am not calling you out, just making a point. I DO NOT like the legislation any more than anyone else. It just looks like some folks get offended when common sense has to be legislated.

Because I think it's up to a business to decide their own rules makes me a "lefty"? Wow.

I smoked for 20+ years. But, whether I smoked or not doesn't change how I feel about this upcomming law. Also, I never said people should be able to smoke wherever and whenever they want to. I have no problem limiting smoking in FAMILY establishments. However, to tell others they can't watch a Browns game with a beer and a cigar or cigarette isn't something I feel is my right unless they are on my property. Now, if it were an illegal drug, such as pot, then sure....but, it's not.

I'm thinking I'll vote for alcohol to go away with the same restrictions as this smoking ban. If JimBob can't have his smoke, SallySue shouldn't have her drink. I mean, it's bad for her and I've had family members who are alcoholics with health complications because of it. Yeah, that's it. <img src="/images/graemlins/rolleyes1.gif" alt="" />

You think this vote was "common sense"? Far from it in my eyes. Common sense would have been non-smokers voicing their opinions to business owners about smoking, not passing this ban. Common sense should tell us that things are going downhill quickly with how far we let the government push us. Common sense. Funny how it seems we all think we have some.

C'mon now, how many times does a non-smoker go into a bar and say "Hey, I'm taking my ball and going home if you don't clean up the air,... <img src="/images/graemlins/rofl.gif" alt="" />

Sorry I called you a lefty, I'm all for businesses making their own rules. Would you drive a truck for me if I insisted on a no-smoking policy ?

Your question about me driving your non-smoking truck has too many variables to give an answer. Is this your rule? If so, then I probably wouldn't drive for you. <img src="/images/graemlins/tongue.gif" alt="" />