“Complaints are going to go down because there are less places that are actually in violation of the law,” said Lisa Zumstein of the Ohio Department of Health, who added this trend is typical in the years after a new law is passed because businesses become more educated about what the law requires.
However, past violations can come back to haunt a business when fines go unpaid. According to Ohio Department of Health records, about $2.1 million in fines remain uncollected.
The Ohio Division of Liquor Control can reject liquor license renewals if an establishment’s owner has repeatedly failed to pay smoking-related fines for violating the law.
The highest number of violations in Butler County has occurred at the former Froggy Blues Café in Monroe. It had 17 violations from 2008 to 2012. It currently owes $18,892, according to records from the state health department.
Froggy Blues Café was also denied in 2012 a renewal for its liquor license. After an appeal to the state’s Liquor Control Commission, the license was reinstated and the cafe’s owner worked out a payment plan, according to the state’s Liquor Control Commission.
In June 2014, the business came under new ownership and is now Froggys Bar & Grill.
Stacey McGuire, one of the new owners, said there haven’t been any problems with smoking since the ownership change, even though no specific action has been taken to prevent violations. According to the state health department’s records, the business has not been investigated since 2012.
Also under new ownership is Shenanigans Bar & Grill in Hamilton, now the Avenue Tavern & Grill. Shenanigans received 13 violations from 2007 to 2013, with a total of $15,687 still owed.
Though the Avenue Bar & Grill has not received any new violations, two complaints have been investigated.
Owner Jeff Gehrlich said he received notice of the investigations though a letter, though it did not specify when the investigation would occur.
The Avenue has an outdoor smoking patio, Gehrlich said, which keeps the smell of smoke out of the restaurant.
“I don’t care for (the smell) myself,” he said.
Overall, Zumstein sees the law as a success, with fewer businesses incurring multiple violations.
“A lot of businesses have come into compliance,” she said. “They’ve realized that the law is here to stay and there are things that we can do to get them to comply.”
“People are always concerned about the money, clearly paying the fine does add teeth to the law,” Zumstein said.
Money collected from fines goes to a fund that offsets the expenses of enforcing the law, with 90 percent of the money going back to the individual health districts that perform the actual investigations.
Ohio Division of Liquor Control spokesman Matt Mullins said the ODH sends the division referrals for businesses with unpaid fines to deny license renewals, along with documentation to support the referral. He said there’s no set threshold for when a license will be denied.
“We look at cases by individual merit,” he said.
Sherri Dammarell, 49, of Liberty Twp., said the smoking ban might be reasonable for all-ages restaurants, but bars are another matter.
“If you’re entering a facility and the ages are 21 and over to be in there, you should be allowed to smoke,” she said.
Dammarell, a smoker, added that bars shouldn’t face consequences, like losing their liquor license, for violations.
Lisa Moton, 42, of Cincinnati, however, sees such consequences as fair.
The ban, she said, has been helpful for her asthma.
Before the ban, she said, going out to eat “was just bad, especially for a person who has breathing problems.”
“In some ways, I don’t think (the law) is being enforced,” she said. “There should be stiffer penalties.”
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