Kenton County's Smoke-Free Law: Frequently Asked Questions

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When did the smoke-free law take effect?
Which buildings are covered?
Which buildings are not covered?
Are some businesses exempt from the law?
How will I know that a business is smoke-free?
Are signs necessary for buildings that are already smoke-free, such as churches?
How will the law be enforced?
What are the penalties?
What do I do if I see someone smoking in a non-smoking building or area?
I'm familiar with Ohio's smoke-free law. How is this one different?
What cities are in Kenton County?
How will the Health Department respond to a complaint/violation that occurs after business hours, for example at 2 a.m.?
How is the Health Department paying for this?
Does the law apply to covered patios or areas covered by canopies?
Does the law prohibit smoking in public parks or other outdoor areas?
Does the law prohibit smoking within a certain distance of entrances to worksites?
Does the law allow smoking in rooms with independently ventilated, enclosed smoking areas?
Are businesses required to remove ashtrays from inside buildings?
If my business is already smoke-free, is there anything I need to do to be in compliance with the law?
I want to quit smoking. Where can I get help?
What if I have questions regarding my building or business?
Do businesses have to provide smokers with an outside protected shelter area when they smoke?
Does the smoke-free ordinance apply to parking garages?
If an establishment has an exemption from the smoke-free law, is it required to post a sign indicating that smoking is permitted.
Are electronic cigarettes (e-cigarettes) covered in the ordinance?

When did the smoke-free law take effect?
Ordinance 451.15 prohibiting smoking in most public buildings, establishments in public buildings and places of employment took effect April 15, 2011.

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Which buildings are covered?
Smoking is prohibited in most workplaces and thousands of public buildings in Kenton County, including: Most restaurants and eating establishments, retail stores, shopping malls, factories, and offices.

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Which buildings are not covered?
The following buildings are not covered by the law: Houses (unless used as licensed child care, adult day care or health care facility); private clubs; hotel rooms (common areas are smoke-free); and drinking establishments that have been approved for an exemption by the Health Department. Learn more about exemptions and how to apply.

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Are some businesses exempt from the law?

The ordinance does provide for certain businesses to be exempt. Learn more about exemptions and how to apply.

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How will I know that a business is smoke-free?
Just look for the sign! Businesses are required to post “No Smoking” signs at their entrances. If you need a sign, download a PDF of one below. A limited number of window clings of the signs are available. Please contact Michelle Eversole to request a cling. In addition, businesses permitted to have enclosed smoking areas must post appropriate signage at the entrance and exit of the designated area.

5 inch by 8 inch sign
8.5 inch by 11 inch sign
11 inch by 17 inch sign
Note: Signs must be printed in color as the ordinance requires the no smoking symbol to be in red.

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Are signs necessary for buildings that are already smoke-free, such as churches, hospitals, etc.?
Yes, all worksites, even if they are already smoke-free, need to post signs, according to the ordinance.

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How will the law be enforced?
Most smoke-free laws are self-enforcing. However, the Health Department will take complaints, investigate within three business days and take action as appropriate. File a complaint.

Complaints will be investigated by Health Department staff during regular business hours (8 a.m. to 5 p.m. Monday-Friday). This may include an inspection of the location believed to be in violation of the ordinance.

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What are the penalties?
When violations are verified, notices of violations or citations will be issued to employers, employees and establishments in violation of the law. Fines for violating the smoke-free law are:

• First offense within a year- Warning

• Second offense within a year- $100

• Third and subsequent offenses within a year - $250

Citizens violating the law can be fined $100 for each offense. Those who refuse to stop smoking can be asked by management to leave the premises and, if they refuse, be charged with criminal trespass.

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What do I do if I see someone smoking in a non-smoking building or area?

• Remind them politely of the law and explain that they must step outside to smoke. For example: “The law no longer allows smoking inside here. I’m sorry, but you’ll have to step outside to smoke." or “The new smoke-free law prohibits smoking indoors. Thank you for your cooperation.” or “We are under a smoke-free law now. I need to ask you to put out your cigarette.”

• Inform the business owner/manager.

• If smoking continues and the management does not take action, file a complaint. The Health Department does not encourage citizens to call 9-1-1 to report smoking complaints.

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I'm familiar with Ohio's smoke-free law. How is this one different?
The most significant difference is that Kenton County's ordinance allows drinking establishments that meet certain criteria to apply for an exemption. View a chart that compares the two laws.

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What cities are in Kenton County?
Bromley, Covington, Crescent Springs, Crestview Hills, Edgewood, Elsmere, Erlanger, Fairview, Fort Mitchell, Fort Wright, Independence, Kenton Vale, Lakeside Park, Latonia Lakes, Ludlow, Park Hills, Ryland Heights, Taylor Mill, Villa Hills and parts of Walton.

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How will the Health Department respond to a complaint/violation that occurs after business hours, for example at 2 a.m.?
The Health Department will process complaints for violations of this law like other sanitary nuisance complaints. Complaints will be investigated by visiting the establishment within three business days of receiving the complaint.

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How is the Health Department paying for this?
Initially, the funding for enforcement will come from local tax revenue already collected by the Health Department and the workload will be absorbed by existing staff. The Health Department has set up a system to track the costs of this program to get a clear idea of the amount of funding that will be necessary to maintain it. If necessary, the Health Department will look for other sources of funding to help with the on-going costs of enforcement to make sure that other public health services are not affected due to enforcement of the ordinance. Money from any fines collected would also be used to offset costs.

·     The Health Department receives funding annually through the Master Settlement Agreement to provide secondhand smoke education and promote smoking cessation efforts. A portion of this funding is being used to provide education about the Kenton County ordinance.

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Does the law apply to covered patios or areas covered by canopies?
The term “building” does not include outdoor open air patio areas. The law defines a building as any structure enclosed from the weather, whether or not doors are open, which is closed in overhead by a roof or other covering of any material, whether permanent or temporary, and has more than 50 percent of its perimeter closed in by walls or other coverings of any material, whether permanent or temporary.

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Does the law prohibit smoking in public parks or other outdoor areas?
No, outdoor spaces are not covered by this law.

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Does the law prohibit smoking within a certain distance of entrances to worksites?
The Kenton County smoke-free law does not require smokers to be any distance from the door to smoke outside a workplace.

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Does the law allow smoking in rooms with independently ventilated, enclosed smoking areas?
Smoking in a separate area is only permitted if a business meets the requirements for drinking establishments and has been issued an exemption.

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Are businesses required to remove ashtrays from inside buildings?
Yes, all businesses covered under the law need to remove all ashtrays from any area where smoking is prohibited. Any permanent structure that functioned as an ashtray needs to be disabled or altered to prevent its use as an ashtray. Businesses that do not remove ashtrays can be issued notices of violation or cited under the law.

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If my business is already smoke-free, is there anything I need to do to be in compliance with the law?
The only thing that businesses that are already smoke-free need to do is post the appropriate signs at the entrances of their establishment.

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I want to quit smoking. Where can I get help?
View a list of smoking cessation resources.

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What if I have questions regarding my building or business?
A toolkit has been developed with resources to address questions business owners may have about their building or business. The kits have been mailed to many businesses and are also available for pickup at various locations within the county.

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Do businesses have to provide smokers with an outside protected shelter area when they smoke?
The Kenton County smoke-free ordinance does not have any criteria for outdoor smoking, meaning that there are no rules about how far smokers have to be away from doors or whether they'd have to be provided a covered area.

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Does the smoke free ordinance apply to parking garages?
If a parking garage meets the definition of a building (any structure enclosed from the weather, whether or not doors are open, which is closed in overhead by a roof or other covering of any material, whether permanent or temporary, and has more than 50 percent of its perimeter closed in by walls or other coverings of any material, whether permanent or temporary), then smoking is not permitted in that parking garage.

If an establishment has an exemption from the smoke-free law, is it required to post a sign indicating that smoking is permitted?
Yes, if the establishment has an approved exemption from the smoke-free law, then it are required by the law to post smoking permitted signs ("A Smoking Permitted sign shall be prominently posted and maintained at every entrance to a public building or establishment in a public building where smoking is permitted in this subchapter.").

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Are electronic cigarettes (e-cigarettes) covered in the ordinance?
No, the Kenton County Attorney has determined that e-cigarettes do not fall under the provisions of the Kenton County smoke-free ordinance.

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Kenton County's Smoke-Free Law: Main page

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