Ohioans voted to enact a ban on smoking in public places and places of employment. There are exceptions, including exceptions for private clubs (if the club has no employees), private homes, and family owned and operated businesses where all employees are relatives and the employment area is not open to the public. Issue 5 will enact Ohio Revised Code Chapter 3794.
The Ohio Department of Health is to establish fines for violations. Fines for business owners must be not less than $100 but not more than $2,500. Each day will constitute a separate violation. The schedule of fines will be progressive, based on the number of past violations by the business. A first offense will receive a warning and no fines. Businesses must also post no smoking signs and remove ashtrays. The text of Issue 5 including ORC Ch. 3794 see Issue 5: Proposed Law on the League of Women Voters web page. Sources: Sweeping Prohibition on Smoking is Adopted by Harlan Spector, The Plain Dealer, Nov. 8, 2006. Constitutional Amendments for 2006 , 11/6/06, on the Ohio Legal Research Blog.
The law will become effective in thirty days. See Ohio Constitution, Article 2, Section 1(b); When Are Ballot Initiatives Effective?, Cincinnati Law Library Blog, Nov. 8. 2006. The enforcement date is yet to be decided. The Department of Health must first establish rules for enforcement. See Voters Send a Message: No Ifs, Ands or Butts in Ohio by Harlan Spector, The Plain Dealer, Nov. 9, 2006.