soon there will be a smoking ban in all of ohio. however, i heard that as of december 7th, people who own a family business can get past the law. For example...i know of a family owned strip club...and the owner says that he will be able to get around the law because its family owned...he started it and its not a franchise?! is that possible?? I would like to know....i think it should still be smoke free because its a public place....but then they say if u pay a membership its considered a private club so u will be able to smoke..
2006-12-03 08:46:07 · 8 answers · asked by hollywoood 1 in Politics & Government ➔ Law & Ethics
That would depend on the specific language of the ban. Usually if the club is a private club, meaning members only, smoking bans do not apply. Also, in some areas, smoking bans do not apply if there is an age restriction of eighteen or greater to get into the establishment or if a certain percentage of thier sales are from alcohol. Some bans allow owners and businesses to pay for a special exemption to the ban. All these are possibilities.
2006-12-03 08:51:18 · answer #1 · answered by msi_cord 7 · 1⤊ 0⤋
A business is NOT public place. They can exclude anyone they want. If you want to make a business a public place, then have the goverment buy them (see the Fifth Amendment).
While I agree that smoking should be banned in places you have to go, Court, Jail, DMV, or is owned by the public, Library, etc. then they should be non-smoking.
But private business should be exempt. Because I believe that this is a voilation of the Fifth Amendment, when a law is passed that would require private business to be non-smoking. Here they take private property rights away and force him or her to run their business a certain way. I say the 5th because they are taking away something of value; their right to run their business a certain way and letting the public decide how it should be done in doing so they are taking their property for public use and not giving them just compensation.
Imagine if the owner had decided to make his business non-smoking, yet the government forced him to have a smoking section. Would they pay for the damage the smoker's cause? Cover losses when his non-smokers refused to go to his business? And if enough non-smokers stay way and he goes bankrupt would they pay his debts? I don't think so.
Now if a business decided to have smoking and is willing to pay for the damage to their business, carpets, cleaning etc, why shouldn't they? Then if people don't come and they go bankrupt, then it’s because of their own decision. Same thing if the business was non-smoking.
Now the non-smoking crowd is saying that you should have a smoke free work place. What if I don't want one? I looked around and guess what no-body here had a gun to their head and was being forced to work here, if you work in a business and they allow smoking and you don't like if find a different job. Don't say it the only job out there, just look at the unemployment rate.
Ok I'm starting to go off on a rant here, and I think I made my point, for the record I don't smoke and don't like it. I think it's a silly waste of money, but you want too, go ahead light up.
2006-12-03 16:55:13 · answer #2 · answered by Richard 7 · 3⤊ 1⤋
Absolutely not, tell your friend to go to the ohio dept of health web site link to the pdf file , proposed law, a private club cannot have any paid employees and must be NOT FOR PROFIT, , so if his family owned strip club has employees or makes a profit, he is not exempt!
(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.
3794.04 Construction; other applicable laws.
Because medical studies have conclusively shown that exposure to secondhand smoke from
2006-12-04 19:51:07 · answer #3 · answered by KatGotHerTongue 3 · 1⤊ 0⤋
I think government control is getting ridiculous. There is a city near here (San Francisco) that has banned smoking everywhere but in a totally detached home. If you own a condo or live in an apartment building, too bad. If you smoke in your own car, too bad. Next they will be telling us what we are and are not allowed to eat, etc.
2006-12-03 16:51:05 · answer #4 · answered by Anonymous · 3⤊ 0⤋
I'm not sure about all that crap above me but yes there are ways he can get around it. i in fact do not know the details but i do know a strip club owner who works with a franchise club. and in talking with him last week he did tell me that his lawyer was looking into ways that they could get around it.
If there's one thing I've learned while growing up in the US its that no matter what law they pass there's always a way around it.
2006-12-05 03:01:16 · answer #5 · answered by carkid_1 2 · 0⤊ 1⤋
You can smoke in private clubs. If it is not private, then the ban applies.
2006-12-03 16:48:27 · answer #6 · answered by profile image 5 · 0⤊ 0⤋
That makes sense, most places are like that now. I know in Canada pretty much every city is now smoke free, its nice to come home from a bar w/out smelling like smoke.
2006-12-03 16:54:40 · answer #7 · answered by burton235 3 · 0⤊ 2⤋
all smoking bans are retarded.
2006-12-03 16:48:48 · answer #8 · answered by TJ815 4 · 4⤊ 2⤋