Health department lists proposed rules

A final public hearing is set for next month before lawmakers make a final decision.
COLUMBUS (AP) -- Smokers flouting Ohio's indoor smoking ban will get off with a warning just once. After that, it's a 100 fine, according to rules proposed Thursday by the state health department.
Business owners will face even bigger penalties for multiple violations -- a 2,500 fine for fifth-time offenders.
The rules outlined by the Ohio Department of Health after a series of public hearings set in motion plans for adopting the final smoking ban rules.
There will be another public hearing next month before a legislative committee makes a final decision. State health officials hope to begin enforcing the ban and imposing fines in April.
"We're going to see the majority of Ohio businesses complying with this law," said Tracy Sabetta, a spokeswoman for the American Cancer Society and co-chairwoman of the smoking ban ballot campaign.
Fines could be doubled against businesses that are frequent violators, and the health department could seek civil action against any willful violators, she said.
"We're confident we won't see any of those," Sabetta said.
Can quickly escalate
A big concern for bar owners is how quickly the fines can escalate -- from 100 for a second violation to 1,000 for a fourth offense, said Jacob Evans, a lobbyist for the Ohio Licensed Beverage Association.
He said a business could be fined for not having the proper signs or improperly storing their ashtrays used in outside smoking areas. Some business owners also are worried that they could be fined based on anonymous complaints.
"It's a little scary," he said.
The smoking ban, approved by voters in November, covers most public places, including restaurants, bars and offices, but it includes exemptions for retail tobacco stores, designated hotel rooms and enclosed areas of nursing homes.
The rules don't make any exceptions for veterans halls.
The leader of the Veterans of Foreign Wars of Ohio had sought an exemption that would allow VFW posts to set aside an area for members to smoke. The group now is considering a new ballot initiative that would exempt VFW halls from the ban.
Health department spokesman Jay Carey said the department could not give veterans halls an exemption because the law says that all employers who have employees must comply with the ban.
"That's what was passed by the voters," Carey said.