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State Issue 4: Full Text

Be it resolved by the people of the State of Ohio, that Article XV, Section 12 to the Ohio Constitution

“Section 12. The General Assembly shall pass laws to limit or prohibit smoking of tobacco or tobacco products in all enclosed, public areas of this state except that no law shall prohibit smoking and/or the use of tobacco or tobacco products in any of the following:

A) any retail establishment that holds itself out as being devoted primarily to the on-site sale of tobacco, tobacco products, and tobacco product accessories and derives not less than fifty percent of its total gross sales from the on-site sale of tobacco, tobacco products, and tobacco product accessories;

B) any private residence or privately owned facility that is not open to the public;

C) any separate smoking area within an eating establishment that designates an area within the premises  that is completely separated from the rest of the premises by walls or doors in which smoking is permitted;

D) any establishment that sells intoxicating liquor for on-premises consumption in which the annual revenue produced by the sale of food does not exceed sixty percent of total annual sales;

E)  any public area where bingo or bowling is played; 

F)  any designated areas of any facility leased or rented to the public on a temporary basis for residential use including, but not limited to a hotel, motel, adult day care facility, nursing home or rehabilitation center, provided that smoking is permitted only in separate portions of the premises;

G) any facility or business establishment from which minors are prohibited;

H) any place, track or enclosure where an authorized permit holder conducts live or satellite horse racing.

This amendment supersedes and renders invalid any ordinance or local law in existence as of the date of this amendment to the extent such ordinance or law prohibits smoking and/or the use of tobacco or tobacco products in an establishment or place exempted by the language set forth in Section 12. The amendment also would prevent such laws or ordinances from taking effect in the future.

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