OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 530 Bill Analysis
135th General Assembly
Click here for H.B. 530’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Dell’Aquila and Mathews
Effective date:
Nick Thomas, Research Analyst
SUMMARY
▪ Exempts certain cigar bars from the Smoke-Free Workplace Law with regard to cigar
smoke only.
▪ Limits the exemption to establishments that derive more than 15% of their revenue from
cigar or cigar-related products and that are located in a freestanding structure where
smoke cannot migrate into an enclosed area where smoking is prohibited.
▪ Requires cigar bars utilizing the exemption to annually file a report with the Department
of Health, verifying that they qualify for the exemption.
DETAILED ANALYSIS
Overview
Under continuing law, smoking is generally prohibited in public places and places of
employment. The bill partially exempts cigar bars from this prohibition.1 The bill defines “cigar
bar” as an establishment that meets both of the following:
▪ The establishment derives more than 15% of its gross revenue from the sale of cigar
products, accessories, and fixtures, including the renting of humidors to customers;
▪ The establishment is located in a freestanding structure, occupied solely by the
establishment, where smoke from the establishment cannot migrate into an enclosed
area where smoking is prohibited under the Ohio Smoke-Free Workplace Law.
An establishment that has been issued a liquor permit may be considered a cigar bar, so long as
the establishment otherwise meets the definition of a cigar bar and complies with all
1
R.C. 3794.03(J)(1).
November 15, 2024
Office of Research and Drafting LSC Legislative Budget Office
requirements associated with the exemption. 2 A “cigar” is defined as a cylinder of tobacco rolled
in tobacco leaves for smoking.3
The exemption only applies with regard to the smoking of cigars. All other forms of
smoking in cigar bars are prohibited under the bill. Cigar bars that seek to utilize the exemption
are required to file with the Department of Health, no later than the 31st day of January each
year, an affidavit stating the percentage of the bar’s gross income during the prior calendar year
that was derived from the sale of cigars, cigar accessories, and fixtures.4
Penalties
Under continuing law, upon a finding by the Department of Health that an individual or
proprietor has violated any provision of the Smoke-Free Workplace Law, the Department is
required to issue a warning letter to the individual or proprietor. Upon a finding of a second or
subsequent violation, the Department is required to issue a civil fine according to the following:
Violation # Proprietor Violation Individual Violation
2nd $100 $100
3rd $500 $100
4th $1,000 $100
5th and subsequent $2,500 $100
The Department also may sue repeat offenders seeking a court order requiring the
offender to stop the offending behavior.5
HISTORY
Action Date
Introduced 05-15-24
ANHB0530IN-135/sb
2
R.C. 3794.01(M).
3
R.C. 3794.01(L).
4
R.C. 3794.03(J).
5
R.C. 3794.09; Ohio Administrative Code 3701-52-10(A).
P a g e |2 H.B. 530
As Introduced


Statutes affected:
As Introduced: 3794.01, 3794.03