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Report Detail Summary

Report #: 97014
Investigation #: 68621

Date Reported:
9/9/2015

Violation Date/Time:
9/8/2015, 10 PM

Complaint Type:
Business

Business Information
Business
American Legion 584
Name:
City: Marion
Street
142 Olney Ave
Address:
County: Marion

Zip Code: 43302-3541

Phone: (740) 383-2461

Designee: ODH

Violation Information
Violation Type(s)

Location Of Violation

Smoking in Prohibited Area


Additional Violation Information
They were fined $12,000. They paid the fine and they are smoking inside again.
Contact Information

Anonymous

Additional Report Information


Date Created: 9/9/2015 3:08:50 PM

Created By: Desk1, CMS

Date Last Updated: 9/11/2015 8:23:07 AM

Updated By: Zumstein, Lisa

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

2/12/2016 My Web Server

9/9/2015
American Legion Post 584
142 Olney Ave
Marion, OH 43302-3541
This letter is to inform you that a report was filed against American Legion Post 584 at 142 Olney Ave, Marion, OH
43302-3541, for an alleged violation of the new Ohio Smoke-Free Workplace Law (R.C. Chapter 3794), that became
effective on Dec. 7, 2006. The report was received on Wednesday, Sep 9, 2015, for alleged violations occurring on
Tuesday, Sep 8, 2015 at approximately 10PM. An investigation has been opened in response to this report. Any
additional reports received prior to the conclusion of this investigation will be included in this investigation and you will
not receive additional notices. Enclosed, please find a copy of the report. The alleged violations are:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
You may contest the above referenced alleged violations within 30 days from the receipt of this letter. If you
intend to contest, you must do so by submitting written evidence to Ohio Department of Health at 246 N.
High St, Columbus, OH 43215.
Ohio Department of Health will be contacting you or visiting your establishment to investigate this claim.
Compliance with Chapter 3794 of the Ohio Revised Code was required beginning on Dec. 7, 2006.
The major requirements of the statute include:
Prohibiting smoking in any public place or place of employment.
Removing all ashtrays and other receptacles used for disposing of smoking materials from any area where
smoking is prohibited by the statute.
Posting conspicuous signs in every public place and place of employment where smoking is prohibited, including
at each entrance. The law (R.C. 3794.06) requires these signs to say "No Smoking" or have the international "No
Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red
bar across it). The signs must be clearly legible and shall contain the toll free number established by the Director of
Health for reporting violations [1-866-559-OHlO (6446)].
Downloadable versions of sample signs are posted on the ODH website, http://www.odh.ohio.gov.
Discontinuing smoking when asked to do so by a proprietor or any employee of an employer of the public place,
place of employment or establishment, facility or outdoor area.
To ensure that you are aware of your requirements to comply with the law, we have enclosed a summary to help you
in implementing the law. A full text version of the law and administrative rules can be found at
(http://www.odh.ohio.gov).
If you or your establishment are found in violation of the law and have received no findings of violation of the SmokeFree Workplace Law within the past two years, you may receive a letter of warning. If you or your establishment
have received a letter of warning within the past two years, a finding of violation may result in a fine ranging from
$100 to $2,500 for businesses and up to $100 for individuals. For questions about compliance or enforcement
please call (614) 466-1390.
Sincerely,
Lisa M Zumstein
Smoke-free Workplace Program
Ohio Department of Health
Enclosures

Action Taken:

On-site Investigation

Action Taken By:

Zumstein, Lisa

Created By:

Zumstein, Lisa

Details:

09/10/2015 02:00 PM,I smelled smoke in the vestibule when a patron left the bar area. I waited
a minute or two for them to buzz me in to the bar area. I could smell smoke upon entering. Dan
told me on 3 occasions that the members and staff had smoked inside prior to opening at noon
as explanation for the smoke smell. I interviewed Dan Gamble, trustee, who showed me their
patio area. It was enclosed with 6' high walls on 3 sides and the building made the 4th wall.
There were 4 ashtrays but only one ashtray contained butts (2). I did not see any No Smoking
signs posted.

Date Created:

9/15/2015

Time Created:

09:36 AM

Cancelled: No

Print

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
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5/20/2016
American Legion 584
142 Olney Ave
Marion, OH 43302-3541
Re: Proposed Civil Fine 68621
Dear Proprietor:
You have been found in violation of the Smoke-Free Workplace Law (R.C. Chapter 3794) which became
effective on Dec. 7, 2006. Ohio Department of Health received a complaint of smoking in prohibited area
occurring at 142 Olney Ave, Marion, OH 43302-3541, on Tuesday, Sep 8, 2015 at approximately 10PM.
On Thursday, Sep 10, 2015, I conducted an investigation of the allegations listed above and observed the
following activity: I was delayed entry a couple of minutes prior to entry in the bar. The smell of smoke was
evident when a patron left while I was waiting, and the smell of smoke was still present when I was permitted
entry. Mr. Gamble indicated that they had smoked inside the bar prior to opening at noon. The outdoor patio is
enclosed on all 4 sides, so does not meet the requirements for an area where smoking can be permitted. There
were ashtrays on the patio tables and No Smoking signs were not posted there.
Specifically, you have been found in violation of the following:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
Ashtray Present (OAC 3701-52-02(F); R.C. 3794.06(B))
Inadequate Signs Posted (OAC 3701-52-02(D); OAC 3701-52-06; R.C. 3794.06(A))
As you have received one or more violations of this law within the past two years, you are receiving a civil fine of
$2,500 for this subsequent violation of Ohio Revised Code 3794. (Ohio Smoke-Free Workplace Law). You have
30 days from the receipt of this letter to request, in writing, an administrative review of this action by the Ohio
Department of Health, Smoke-Free Workplace Program, 246 N. High St., Columbus, OH 43215. The relevant
administrative rules can be found at http://codes.ohio.gov/oac/3701-52-08. If a review is requested, the Ohio
Department of Health will notify you of a date for this administrative hearing.
If you fail to request an administrative review within 30 days of receipt of this letter, this letter shall constitute a
final finding. In accordance with R.C. sections 119.12, you may appeal this final finding by filing a notice with the
Ohio Department of Health, setting forth the order appealed from and the grounds for your appeal and you are
required to file this notice with Franklin County Court of Common Pleas. The notice of appeal must be filed with
the Ohio Department of Health, Smoke-free Workplace Program, 246 N. High Street, Columbus, Ohio, 43215
and the Franklin County Court of Common Pleas within fifteen days after the mailing of this letter.
If you choose not to request an administrative review and not to appeal to the Franklin County Court of Common
Pleas, you will receive an invoice for the amount listed above and it will be payable within 30 days of the date of
the invoice. Please do not send payment until you receive an invoice.
Subsequent violations of this law may result in the imposition of more severe civil fines upon the proprietor or
individual. Additional fines will be $2,500 and may be assessed on a daily basis once a finding of violation has
been issued and may be doubled if the violation is found to be intentional on the part of the proprietor or
individual.

For questions about compliance or enforcement please call (614) 644-6220.


I hereby swear and affirm that the foregoing statements or attached investigation notes are true and accurate.

_____________________________________________
Lisa M Zumstein
Smoke-free Workplace Program
Ohio Department of Health
Sworn to and signed in my presence this__________day of ____________________, 20_____.

_____________________________________________
Notary Public
PCF4-cert

Report Detail Summary


Report #: 98233
Investigation #: 70622

Date Reported:
2/23/2016

Violation Date/Time:
2/19/2016, 4 PM

Complaint Type:
Business

Business Information
Business
Amvets 106
Name:
City: Niles
Street
1243 N Main St
Address:
County: Trumbull

Zip Code: 44446-1201

Phone: (330) 652-8958

Designee: Trumbull

Violation Information
Violation Type(s)

Location Of Violation

Ashtray Present
Smoking in Prohibited Area
Additional Violation Information
They are charging customers $1 for an ashtray to pay for the fine.
Contact Information

Anonymous

Additional Report Information


Date Created: 2/23/2016 12:19:27 PM

Created By: Desk1, CMS

Date Last Updated: 2/23/2016 12:27:11 PM

Updated By: CHICKERING, JAN

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

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Report Detail Summary


Report #: 98292
Investigation #: 70622

Date Reported:
2/29/2016

Violation Date/Time:
2/29/2016, 2 PM

Complaint Type:
Business

Business Information
Business
Amvets 106
Name:
City: Niles
Street
1243 N Main St
Address:
County: Trumbull

Zip Code: 44446-1201

Phone: (330) 652-8958

Designee: Trumbull

Violation Information
Violation Type(s)

Location Of Violation
Inside

Smoking in Prohibited Area


Additional Violation Information
People are smoking inside the establishment.
Contact Information

Anonymous

Additional Report Information


Date Created: 2/29/2016 3:36:37 PM

Created By: Desk1, CMS

Date Last Updated: 2/29/2016 3:36:37 PM

Updated By: Desk1, CMS

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

2/12/2016 My Web Server

2/23/2016
Amvets 106
1243 N Main St
Niles, OH 44446-1201
This letter is to inform you that a report was filed against Amvets 106 at 1243 N Main St, Niles, OH 44446
-1201, for an alleged violation of the new Ohio Smoke-Free Workplace Law (R.C. Chapter 3794), that
became effective on Dec. 7, 2006. The report was received on Tuesday, Feb 23, 2016, for alleged
violations occurring on Friday, Feb 19, 2016 at approximately 4PM. An investigation has been opened in
response to this report. Any additional reports received prior to the conclusion of this investigation will be
included in this investigation and you will not receive additional notices. Enclosed, please find a copy of
the report. The alleged violations are:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
Ashtray Present (OAC 3701-52-02(F); R.C. 3794.06(B))
You may contest the above referenced alleged violations within 30 days from the receipt of this
letter. If you intend to contest, you must do so by submitting written evidence to Trumbull
County Combined Health District at 176 Chestnut Ave, NE, Warren, OH 44483.
Trumbull County Combined Health District will be contacting you or visiting your establishment to
investigate this claim.
Compliance with Chapter 3794 of the Ohio Revised Code was required beginning on Dec. 7, 2006.
The major requirements of the statute include:
Prohibiting smoking in any public place or place of employment.
Removing all ashtrays and other receptacles used for disposing of smoking materials from any area
where smoking is prohibited by the statute.
Posting conspicuous signs in every public place and place of employment where smoking is
prohibited, including at each entrance. The law (R.C. 3794.06) requires these signs to say "No
Smoking" or have the international "No Smoking" symbol (consisting of a pictorial representation of a
burning cigarette enclosed in a red circle with a red bar across it). The signs must be clearly legible
and shall contain the toll free number established by the Director of Health for reporting violations [1866-559-OHlO (6446)].
Downloadable versions of sample signs are posted on the ODH website, http://www.odh.ohio.gov.
Discontinuing smoking when asked to do so by a proprietor or any employee of an employer of the
public place, place of employment or establishment, facility or outdoor area.
To ensure that you are aware of your requirements to comply with the law, we have enclosed a summary
to help you in implementing the law. A full text version of the law and administrative rules can be found at
(http://www.odh.ohio.gov).

If you or your establishment are found in violation of the law and have received no findings of violation of
the Smoke-Free Workplace Law within the past two years, you may receive a letter of warning. If you or
your establishment have received a letter of warning within the past two years, a finding of violation may
result in a fine ranging from $100 to $2,500 for businesses and up to $100 for individuals. For questions
about compliance or enforcement please call (330) 675-2489.

Sincerely,
Trumbull County Combined Health District
Enclosures

Action Taken:
Action Taken By:
Created By:
Details:

On-site Investigation
Steve Kramer, RS
CHICKERING, JAN
2/26/2016 04:40 PM,A sign is posted at the side entrance. No sign was noted posted at the
entrance adjacent to the patio The Letter of report was hand delivered to the bartender. The
smell of smoke was noted. 4 patrons were noted with ashtrays. One patron was noted upon
entry holding an unlit cigarette in hand. All 4 ashtrays contained ashes. 3 of these contained
cigarette butts which had been smoked to the filter. One contained 3 butts, 2 contained one butt
each. All ashtrays were glass, When asked the bartender said she preferred not to porvide her
name. Violations: smoking in a prohibited area, Ashtrays present.

Date Created:

2/29/2016

Time Created:

11:07 AM

Cancelled: No

Print

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

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3/24/2016
Amvets 106
1243 N Main St
Niles, OH 44446-1201
Re: Proposed Civil Fine 70622
Dear Proprietor:
You have been found in violation of the Smoke-Free Workplace Law (R.C. Chapter 3794) which became
effective on Dec. 7, 2006. Trumbull County Combined Health District received a complaint of smoking in
prohibited area and ashtray present occurring at 1243 N Main St, Niles, OH 44446-1201, on Friday, Feb
19, 2016 at approximately 4PM.
On Friday, Feb 26, 2016, I conducted an investigation of the allegations listed above and observed the
following activity: A sign was posted at the side entrance. No sign was noted posted at the entrance
adjacent to the patio.
The letter of report was hand delivered to the bartender. The smell of smoke was noted. 4 patrons were
noted with ashtrays. One patron was noted upon entry holding an unlit cigarette in hand. All 4 ashtrays
contained ashes. 3 of these contained cigarette butts which had been smoked to the filter. One
contained 3 butts, 2 contained one butt each. All ashtrays were glass, when asked, the bartender
preferred not to provide her name
Violations infiltration of smoke, Ashtrays present
Specifically, you have been found in violation of the following:
Ashtray Present (OAC 3701-52-02(F); R.C. 3794.06(B))
Infiltration of Smoke (OAC 3701-52-02(B); R.C. 3794.02(B))
As you have received one or more violations of this law within the past two years, you are receiving a
civil fine of $2,500 for this subsequent violation of Ohio Revised Code 3794. (Ohio Smoke-Free
Workplace Law). You have 30 days from the receipt of this letter to request, in writing, an administrative
review of this action by the Ohio Department of Health, Smoke-Free Workplace Program, 246 N. High
St., Columbus, OH 43215. The relevant administrative rules can be found at
http://codes.ohio.gov/oac/3701-52-08. If a review is requested, the Ohio Department of Health will notify
you of a date for this administrative hearing.

If you fail to request an administrative review within 30 days of receipt of this letter, this letter shall
constitute a final finding. In accordance with R.C. sections 119.12, you may appeal this final finding by
filing a notice with the Ohio Department of Health, setting forth the order appealed from and the grounds
for your appeal and you are required to file this notice with Franklin County Court of Common Pleas.
The notice of appeal must be filed with the Ohio Department of Health, Smoke-free Workplace Program,
246 N. High Street, Columbus, Ohio, 43215 and the Franklin County Court of Common Pleas within
fifteen days after the mailing of this letter.
If you choose not to request an administrative review and not to appeal to the Franklin County Court of
Common Pleas, you will receive an invoice for the amount listed above and it will be payable within 30
days of the date of the invoice. Please do not send payment until you receive an invoice.
Subsequent violations of this law may result in the imposition of more severe civil fines upon the
proprietor or individual. Additional fines will be $2,500 and may be assessed on a daily basis once a
finding of violation has been issued and may be doubled if the violation is found to be intentional on the
part of the proprietor or individual.
For questions about compliance or enforcement please call (330) 675-2489.
I hereby swear and affirm that the foregoing statements or attached investigation notes are true and
accurate.

_____________________________________________
Steven R Kramer, RS
Trumbull County Combined Health District
Sworn to and signed in my presence this__________day of ____________________, 20_____.

_____________________________________________
Notary Public
PCF4-cert

Report Detail Summary


Report #: 98695
Investigation #: 71005

Date Reported:
4/25/2016

Violation Date/Time:
4/25/2016, 12 PM

Complaint Type:
Business

Business Information
Business
Amvets 106
Name:
City: Niles
Street
1243 N Main St
Address:
County: Trumbull

Zip Code: 44446-1201

Phone: (330) 652-8958

Designee: Trumbull

Violation Information
Violation Type(s)

Location Of Violation
Inside the building

Other: using cups for ashtrays


Infiltration of Smoke
Smoking in Prohibited Area
Additional Violation Information
The people working there were smoking and giving out cups of water so that customers or patrons could smoke as well.
Contact Information

Caller wishes to provide information

Name: Tom
Street Address:
City:
Phone Number: 3305076614
Zip Code:
Additional Report Information
Date Created: 4/25/2016 2:04:45 PM

Created By: Desk1, CMS

Date Last Updated: 4/26/2016 8:00:40 AM

Updated By: CHICKERING, JAN

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

2/12/2016 My Web Server

4/26/2016
Amvets 106
1243 N Main St
Niles, OH 44446-1201
This letter is to inform you that a report was filed against Amvets 106 at 1243 N Main St, Niles, OH 44446
-1201, for an alleged violation of the new Ohio Smoke-Free Workplace Law (R.C. Chapter 3794), that
became effective on Dec. 7, 2006. The report was received on Monday, Apr 25, 2016, for alleged
violations occurring on Monday, Apr 25, 2016 at approximately 12PM. An investigation has been opened
in response to this report. Any additional reports received prior to the conclusion of this investigation will
be included in this investigation and you will not receive additional notices. Enclosed, please find a copy
of the report. The alleged violations are:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
Infiltration of Smoke (OAC 3701-52-02(B); R.C. 3794.02(B))
using cups for ashtrays
You may contest the above referenced alleged violations within 30 days from the receipt of this
letter. If you intend to contest, you must do so by submitting written evidence to Trumbull
County Combined Health District at 176 Chestnut Ave, NE, Warren, OH 44483.
Trumbull County Combined Health District will be contacting you or visiting your establishment to
investigate this claim.
Compliance with Chapter 3794 of the Ohio Revised Code was required beginning on Dec. 7, 2006.
The major requirements of the statute include:
Prohibiting smoking in any public place or place of employment.
Removing all ashtrays and other receptacles used for disposing of smoking materials from any area
where smoking is prohibited by the statute.
Posting conspicuous signs in every public place and place of employment where smoking is
prohibited, including at each entrance. The law (R.C. 3794.06) requires these signs to say "No
Smoking" or have the international "No Smoking" symbol (consisting of a pictorial representation of a
burning cigarette enclosed in a red circle with a red bar across it). The signs must be clearly legible
and shall contain the toll free number established by the Director of Health for reporting violations [1866-559-OHlO (6446)].
Downloadable versions of sample signs are posted on the ODH website, http://www.odh.ohio.gov.
Discontinuing smoking when asked to do so by a proprietor or any employee of an employer of the
public place, place of employment or establishment, facility or outdoor area.
To ensure that you are aware of your requirements to comply with the law, we have enclosed a summary
to help you in implementing the law. A full text version of the law and administrative rules can be found at

(http://www.odh.ohio.gov).
If you or your establishment are found in violation of the law and have received no findings of violation of
the Smoke-Free Workplace Law within the past two years, you may receive a letter of warning. If you or
your establishment have received a letter of warning within the past two years, a finding of violation may
result in a fine ranging from $100 to $2,500 for businesses and up to $100 for individuals. For questions
about compliance or enforcement please call (330) 675-2489.

Sincerely,
Trumbull County Combined Health District
Enclosures

Action Taken:
Action Taken By:
Created By:
Details:

On-site Investigation
Steve Kramer, RS
CHICKERING, JAN
4/26/2016 02:16 PM,Hand Delivered LOR, Renee Day bartender and Mark Davidson son of
owner, Niles Police also called to come while investigating. Strong smell of smoke in
establishment Ashtrays present, ashes and cigarette butts found signs not posted at all
entrances Full report scanned into site.

Date Created:

4/27/2016

Time Created:

10:43 AM

Cancelled: No

Print

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

2/12/2016 My Web Server

Close

5/26/2016
Amvets 106
497 Airport Rd NW
Warren, OH 44481
Re: Proposed Civil Fine 71005
Dear Proprietor:
You have been found in violation of the Smoke-Free Workplace Law (R.C. Chapter 3794) which became
effective on Dec. 7, 2006. Trumbull County Combined Health District received a complaint of smoking in
prohibited area, infiltration of smoke and using cups for ashtrays occurring at 1243 N Main St, Niles, OH
44446-1201, on Monday, Apr 25, 2016 at approximately 12PM.
On Tuesday, Apr 26, 2016, I conducted an investigation of the allegations listed above and observed the
following activity: See attached investigation notes
Specifically, you have been found in violation of the following:
Ashtray Present (OAC 3701-52-02(F); R.C. 3794.06(B))
strong smell of smoke
As you have received one or more violations of this law within the past two years, you are receiving a
civil fine of $2,500 for this subsequent violation of Ohio Revised Code 3794. (Ohio Smoke-Free
Workplace Law). You have 30 days from the receipt of this letter to request, in writing, an administrative
review of this action by the Ohio Department of Health, Smoke-Free Workplace Program, 246 N. High
St., Columbus, OH 43215. The relevant administrative rules can be found at
http://codes.ohio.gov/oac/3701-52-08. If a review is requested, the Ohio Department of Health will notify
you of a date for this administrative hearing.
If you fail to request an administrative review within 30 days of receipt of this letter, this letter shall
constitute a final finding. In accordance with R.C. sections 119.12, you may appeal this final finding by
filing a notice with the Ohio Department of Health, setting forth the order appealed from and the grounds
for your appeal and you are required to file this notice with Franklin County Court of Common Pleas.
The notice of appeal must be filed with the Ohio Department of Health, Smoke-free Workplace Program,
246 N. High Street, Columbus, Ohio, 43215 and the Franklin County Court of Common Pleas within
fifteen days after the mailing of this letter.

If you choose not to request an administrative review and not to appeal to the Franklin County Court of
Common Pleas, you will receive an invoice for the amount listed above and it will be payable within 30
days of the date of the invoice. Please do not send payment until you receive an invoice.
Subsequent violations of this law may result in the imposition of more severe civil fines upon the
proprietor or individual. Additional fines will be $2,500 and may be assessed on a daily basis once a
finding of violation has been issued and may be doubled if the violation is found to be intentional on the
part of the proprietor or individual.
For questions about compliance or enforcement please call (330) 675-2489.
I hereby swear and affirm that the foregoing statements or attached investigation notes are true and
accurate.

_____________________________________________
Steven R Kramer, RS
Trumbull County Combined Health District
Sworn to and signed in my presence this__________day of ____________________, 20_____.

_____________________________________________
Notary Public
PCF4-cert

Report Detail Summary


Report #: 98549
Investigation #: 70879

Date Reported:
4/1/2016

Violation Date/Time:
4/1/2016, 11 AM

Complaint Type:
Business

Business Information
Business
Gametastic Skills Game Room
Name:
City: Canton
Street
4220 12th St NW
Address:
Zip Code: 44708-3734

County: Stark

Phone: 3307546645

Designee: Stark

Violation Information
Violation Type(s)

Location Of Violation

Smoking in Prohibited Area


Ashtray Present
Additional Violation Information

Contact Information

Anonymous

Additional Report Information


Date Created: 4/1/2016 3:57:24 PM

Created By: Myers, Courtney

Date Last Updated: 4/1/2016 3:58:50 PM

Updated By: Myers, Courtney

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

2/12/2016 My Web Server

4/4/2016
Gametastic Skills Game Room
4220 12th St NW
Canton, OH 44708-3734
This letter is to inform you that a report was filed against Gametastic Skills Game Room at 4220 12th St NW, Canton,
OH 44708-3734, for an alleged violation of the new Ohio Smoke-Free Workplace Law (R.C. Chapter 3794), that
became effective on Dec. 7, 2006. The report was received on Friday, Apr 1, 2016, for alleged violations occurring on
Friday, Apr 1, 2016 at approximately 11AM. An investigation has been opened in response to this report. Any
additional reports received prior to the conclusion of this investigation will be included in this investigation and you will
not receive additional notices. Enclosed, please find a copy of the report. The alleged violations are:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
Ashtray Present (OAC 3701-52-02(F); R.C. 3794.06(B))
You may contest the above referenced alleged violations within 30 days from the receipt of this letter. If you
intend to contest, you must do so by submitting written evidence to Stark Co Comb Gen Health Dist at 3951
Convenience Cir, NW, Canton, OH 44718-2660.
Stark Co Comb Gen Health Dist will be contacting you or visiting your establishment to investigate this claim.
Compliance with Chapter 3794 of the Ohio Revised Code was required beginning on Dec. 7, 2006.
The major requirements of the statute include:
Prohibiting smoking in any public place or place of employment.
Removing all ashtrays and other receptacles used for disposing of smoking materials from any area where
smoking is prohibited by the statute.
Posting conspicuous signs in every public place and place of employment where smoking is prohibited, including
at each entrance. The law (R.C. 3794.06) requires these signs to say "No Smoking" or have the international "No
Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red
bar across it). The signs must be clearly legible and shall contain the toll free number established by the Director of
Health for reporting violations [1-866-559-OHlO (6446)].
Downloadable versions of sample signs are posted on the ODH website, http://www.odh.ohio.gov.
Discontinuing smoking when asked to do so by a proprietor or any employee of an employer of the public place,
place of employment or establishment, facility or outdoor area.
To ensure that you are aware of your requirements to comply with the law, we have enclosed a summary to help you
in implementing the law. A full text version of the law and administrative rules can be found at
(http://www.odh.ohio.gov).
If you or your establishment are found in violation of the law and have received no findings of violation of the SmokeFree Workplace Law within the past two years, you may receive a letter of warning. If you or your establishment
have received a letter of warning within the past two years, a finding of violation may result in a fine ranging from
$100 to $2,500 for businesses and up to $100 for individuals. For questions about compliance or enforcement
please call (330) 493-9904.
Sincerely,
Courtney Myers, RS
Environmental Health Services
Enclosures

Action Taken:

Telephone Interview

Action Taken By:

Myers, Courtney

Created By:

Myers, Courtney

Details:

03/23/2016 00:00 AM,Courtney Myers and Paul DePasquale EH Director, spoke over the
phone with the owner of Gametastic, Joe. Joe wanted to speak about his fines, and
compliance. We talked about why an enclosed smoking area is not in compliance with the state
code and it would need to be removed. If we were to receive a complaint, then it would results
in a violation. Joe stated he would remove the plastic and understood that it is in violation.

Date Created:

4/11/2016

Time Created:

11:01 AM

Cancelled: No

Print

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
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Action Taken:

On-site Investigation

Action Taken By:

Myers, Courtney

Created By:

Myers, Courtney

Details:

04/04/2016 04:15 PM,A smoking area has been constructed since my last investigation. It has
a full roof, it is placed against the solid wall of the building and the other 3 walls are constructed
out of heavy plastic. An astray was inside the structure with extinguished cigarette butts. No
one was inside at the time of the inspection. Photos were taking and attached. I went inside the
main structure. No one was smoking inside. I spoke with employee, Ann Labriola about the
complaint, violation, compliance and fine schedule. The Notice of Report and Report Summary
were left with Ms. Labriola.

Date Created:

4/11/2016

Time Created:

10:56 AM

Cancelled: No

Print

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
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Action Taken:

On-site Investigation

Action Taken By:

Myers, Courtney

Created By:

Myers, Courtney

Details:

04/18/2016 12:45 PM,A re-inspection has been completed to verify the smoking structure has
been removed. The roof and 2x4's remain, but all of the plastic and door have been removed.
This is no longer an "enclosed" structure. I spoke with the employee Lisa Schoenfield about the
re-inspection. I advised her to call us when/if they choose to build a another smoking area to
ensure compliance. "No smoking" signs have been mailed to the establishment. It was noted
during the re-inspection a sign was needed near the entrance. Ms. Schoenfeld stated they
would hang the sign at the doorway.

Date Created:

4/25/2016

Time Created:

03:57 PM

Cancelled: No

Print

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
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5/5/2016
Gametastic Skills Game Room
4220 12th St NW
Canton, OH 44708-3734
Re: Proposed Civil Fine 70879
Dear Proprietor:
You have been found in violation of the Smoke-Free Workplace Law (R.C. Chapter 3794) which became effective on
Dec. 7, 2006. Stark Co Comb Gen Health Dist received a complaint of smoking in prohibited area and ashtray
present occurring at 4220 12th St NW, Canton, OH 44708-3734, on Friday, Apr 1, 2016 at approximately 11AM.
On Monday, Apr 4, 2016, I conducted an investigation of the allegations listed above and observed the following
activity: 04:15 PM, A smoking area has been constructed since my last investigation. It has a full roof. The structure
is placed against the solid wall of the building and the other 3 walls are constructed out of heavy plastic. An astray
was inside the structure with extinguished cigarette butts. No one was inside at the time of the inspection. Photos
were taken. I then entered the main structure. No one was smoking in the main structure. I spoke with employee,
Ann Labriola, about the complaint, violation, fine schedule, and compliance. The Notice of Report and Report
Summary were left with Ms. Labriola. *** 04/18/2016 12:45 PM, A re-inspection has been completed to verify the
smoking structure has been removed. The roof and 2x4's remain, but all of the plastic and door have been removed.
This is no longer an "enclosed" structure and is compliance with Smoke Free Ohio. I spoke with employee Lisa
Schoenfield about the re-inspection. I advised her to call us when/if they choose to build another smoking area to
ensure compliance. "No smoking" signs have been mailed to the establishment. It was noted during the re-inspection
a sign was needed near the entrance, in addition to the signage throughout the establishment. Ms. Schoenfeld stated
they would hang the sign at the doorway.
Specifically, you have been found in violation of the following:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
Ashtray Present (OAC 3701-52-02(F); R.C. 3794.06(B))
As you have received one or more violations of this law within the past two years, you are receiving a civil fine of
$2,500 for this subsequent violation of Ohio Revised Code 3794. (Ohio Smoke-Free Workplace Law). You have 30
days from the receipt of this letter to request, in writing, an administrative review of this action by the Ohio
Department of Health, Smoke-Free Workplace Program, 246 N. High St., Columbus, OH 43215. The relevant
administrative rules can be found at http://codes.ohio.gov/oac/3701-52-08. If a review is requested, the Ohio
Department of Health will notify you of a date for this administrative hearing.
If you fail to request an administrative review within 30 days of receipt of this letter, this letter shall constitute a final
finding. In accordance with R.C. sections 119.12, you may appeal this final finding by filing a notice with the Ohio
Department of Health, setting forth the order appealed from and the grounds for your appeal and you are required to
file this notice with Franklin County Court of Common Pleas. The notice of appeal must be filed with the Ohio
Department of Health, Smoke-free Workplace Program, 246 N. High Street, Columbus, Ohio, 43215 and the Franklin
County Court of Common Pleas within fifteen days after the mailing of this letter.
If you choose not to request an administrative review and not to appeal to the Franklin County Court of Common
Pleas, you will receive an invoice for the amount listed above and it will be payable within 30 days of the date of the
invoice. Please do not send payment until you receive an invoice.

Subsequent violations of this law may result in the imposition of more severe civil fines upon the proprietor or
individual. Additional fines will be $2,500 and may be assessed on a daily basis once a finding of violation has been
issued and may be doubled if the violation is found to be intentional on the part of the proprietor or individual.
For questions about compliance or enforcement please call (330) 493-9904.
I hereby swear and affirm that the foregoing statements or attached investigation notes are true and accurate.

_____________________________________________
Courtney Myers, RS
Environmental Health Services
Stark Co Comb Gen Health Dist
Sworn to and signed in my presence this__________day of ____________________, 20_____.

_____________________________________________
Notary Public
PCF4-cert

Report Detail Summary


Report #: 97897
Investigation #: 70352

Date Reported:
1/16/2016

Violation Date/Time:
1/16/2016, 1 AM

Complaint Type:
Business

Business Information
Business
Hot Air Balloon Lounge
Name:
City: Vandalia
Street
400 E National Road
Address:
Zip Code: 45377

County: Montgomery

Phone: 937-898-9455

Designee: Montgomery

Violation Information
Violation Type(s)

Location Of Violation

Smoking in Prohibited Area


Ashtray Present
Additional Violation Information
People are activiely smoking in the bar, and there was a cloud of smoke.
Contact Information

Anonymous

Additional Report Information


Date Created: 1/16/2016 1:41:07 AM

Created By: Desk1, CMS

Date Last Updated: 1/19/2016 8:49:17 AM

Updated By: Scaglione, paul

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

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Report Detail Summary


Report #: 98212
Investigation #: 70352

Date Reported:
2/19/2016

Violation Date/Time:
2/19/2016, 3 PM

Complaint Type:
Business

Business Information
Business
Hot Air Balloon Lounge
Name:
City: Vandalia
Street
400 E National Road
Address:
Zip Code: 45377

County: Montgomery

Phone: 937-898-9455

Designee: Montgomery

Violation Information
Violation Type(s)

Location Of Violation
Inside

Smoking in Prohibited Area


Ashtray Present
Additional Violation Information
I'm the Code Enforcement Officer w/ the Vandalia Fire Department and while doing a follow up re-inspection at this location patrons
immediately starting extinguishing their smoking materials. And as I was leaving 2 patrons entered w/ lit cigarettes. I do require a callback
re: this report.
Contact Information

Caller wishes to provide information

Name:
Street Address:
City:
Phone Number:

Kimberly
8705 Peters Pike
Vandailia
937-415-2286

Zip Code: 45377


Additional Report Information
Date Created: 2/19/2016 4:24:56 PM

Created By: Desk1, CMS

Date Last Updated: 2/22/2016 8:01:02 AM

Updated By: Zumstein, Lisa

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

2/12/2016 My Web Server

1/19/2016
Hot Air Balloon Lounge
400 E National Road
Vandalia, OH 45377
This letter is to inform you that a report was filed against Hot Air Balloon Lounge at 400 E National Road, Vandalia,
OH 45377, for an alleged violation of the new Ohio Smoke-Free Workplace Law (R.C. Chapter 3794), that became
effective on Dec. 7, 2006. The report was received on Saturday, Jan 16, 2016, for alleged violations occurring on
Saturday, Jan 16, 2016 at approximately 1AM. An investigation has been opened in response to this report. Any
additional reports received prior to the conclusion of this investigation will be included in this investigation and you will
not receive additional notices. Enclosed, please find a copy of the report. The alleged violations are:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
Ashtray Present (OAC 3701-52-02(F); R.C. 3794.06(B))
You may contest the above referenced alleged violations within 30 days from the receipt of this letter. If you
intend to contest, you must do so by submitting written evidence to Public Health Dayton & Montgomery Co
at 117 S Main St, Dayton, OH 45422-1280.
Public Health Dayton & Montgomery Co will be contacting you or visiting your establishment to investigate this claim.
Compliance with Chapter 3794 of the Ohio Revised Code was required beginning on Dec. 7, 2006.
The major requirements of the statute include:
Prohibiting smoking in any public place or place of employment.
Removing all ashtrays and other receptacles used for disposing of smoking materials from any area where
smoking is prohibited by the statute.
Posting conspicuous signs in every public place and place of employment where smoking is prohibited, including
at each entrance. The law (R.C. 3794.06) requires these signs to say "No Smoking" or have the international "No
Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red
bar across it). The signs must be clearly legible and shall contain the toll free number established by the Director of
Health for reporting violations [1-866-559-OHlO (6446)].
Downloadable versions of sample signs are posted on the ODH website, http://www.odh.ohio.gov.
Discontinuing smoking when asked to do so by a proprietor or any employee of an employer of the public place,
place of employment or establishment, facility or outdoor area.
To ensure that you are aware of your requirements to comply with the law, we have enclosed a summary to help you
in implementing the law. A full text version of the law and administrative rules can be found at
(http://www.odh.ohio.gov).
If you or your establishment are found in violation of the law and have received no findings of violation of the SmokeFree Workplace Law within the past two years, you may receive a letter of warning. If you or your establishment
have received a letter of warning within the past two years, a finding of violation may result in a fine ranging from
$100 to $2,500 for businesses and up to $100 for individuals. For questions about compliance or enforcement
please call (937) 225-4395.
Sincerely,
Paul J. Scaglione R.S. 225-4463
Public Health Dayton & Montgomery County
Enclosures

Action Taken:
Action Taken By:
Created By:
Details:

On-site Investigation
Jason Dreier
Scaglione, paul
02/10/2016 06:20 AM,Three patrons and one employee were smoking at the time of the
investigation. Black plastic pre-fabricated ash trays were in use. See report in attachments.

Date Created:

2/12/2016

Time Created:

09:51 AM

Cancelled: No

Print

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
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3/15/2016
Hot Air Balloon Lounge
400 E National Road
Vandalia, OH 45377
Re: Proposed Civil Fine 70352
Dear Proprietor:
You have been found in violation of the Smoke-Free Workplace Law (R.C. Chapter 3794) which became effective on
Dec. 7, 2006. Public Health Dayton & Montgomery Co received a complaint of smoking in prohibited area and
ashtray present occurring at 400 E National Road, Vandalia, OH 45377, on Saturday, Jan 16, 2016 at approximately
1AM.
On Wednesday, Feb 10, 2016, I conducted an investigation of the allegations listed above and observed the
following activity: 02/10/2016 06:20 PM,Three patrons and one employee were smoking at the time of the
investigation. Black plastic pre-fabricated ash trays were in use.
Specifically, you have been found in violation of the following:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
Ashtray Present (OAC 3701-52-02(F); R.C. 3794.06(B))
As you have received one or more violations of this law within the past two years, you are receiving a civil fine of
$5,000 for this subsequent violation of Ohio Revised Code 3794. (Ohio Smoke-Free Workplace Law). The Public
Health Dayton & Montgomery Co has determined that you have intentionally violated 3794 of Ohio Revised Code or
3701-52 of Ohio Administrative Code. Pursuant to ORC 3794.07(B), your fine has been doubled. You have 30 days
from the receipt of this letter to request, in writing, an administrative review of this action by the Ohio Department of
Health, Smoke-Free Workplace Program, 246 N. High St., Columbus, OH 43215. The relevant administrative rules
can be found at http://codes.ohio.gov/oac/3701-52-08. If a review is requested, the Ohio Department of Health will
notify you of a date for this administrative hearing.
If you fail to request an administrative review within 30 days of receipt of this letter, this letter shall constitute a final
finding. In accordance with R.C. sections 119.12, you may appeal this final finding by filing a notice with the Ohio
Department of Health, setting forth the order appealed from and the grounds for your appeal and you are required to
file this notice with Franklin County Court of Common Pleas. The notice of appeal must be filed with the Ohio
Department of Health, Smoke-free Workplace Program, 246 N. High Street, Columbus, Ohio, 43215 and the Franklin
County Court of Common Pleas within fifteen days after the mailing of this letter.
If you choose not to request an administrative review and not to appeal to the Franklin County Court of Common
Pleas, you will receive an invoice for the amount listed above and it will be payable within 30 days of the date of the
invoice. Please do not send payment until you receive an invoice.
Subsequent violations of this law may result in the imposition of more severe civil fines upon the proprietor or
individual. Additional fines will be $2,500 and may be assessed on a daily basis once a finding of violation has been
issued and may be doubled if the violation is found to be intentional on the part of the proprietor or individual.
For questions about compliance or enforcement please call (937) 225-4395.

I hereby swear and affirm that the foregoing statements or attached investigation notes are true and accurate.

_____________________________________________
Jason Dreier R.S.
Public Health Dayton & Montgomery Co
Sworn to and signed in my presence this__________day of ____________________, 20_____.

_____________________________________________
Notary Public
PCF4-cert

Report Detail Summary


Report #: 101271
Investigation #: 72508

Date Reported:
8/14/2016

Violation Date/Time:
8/14/2016, 2 PM

Complaint Type:
Business

Business Information
Business
Oasis Internet Cafe
Name:
City: North Canton
Street
4238 Portage St NW
Address:
Zip Code: 44720-7328

County: Stark

Phone: (330) 966-4610

Designee: Stark

Violation Information
Violation Type(s)

Location Of Violation
Inside Business

Smoking in Prohibited Area


Additional Violation Information
There were a number of people smoking inside of the internet cafe. Even an employee was smoking inside.
Contact Information

Anonymous

Additional Report Information


Date Created: 8/14/2016 2:39:26 PM

Created By: Desk1, CMS

Date Last Updated: 8/23/2016 2:36:33 PM

Updated By: Myers, Courtney

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

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8/23/2016
Oasis Internet Cafe
4238 Portage St NW
North Canton, OH 44720-7328
This letter is to inform you that a report was filed against Oasis Internet Cafe at 4238 Portage St NW, North Canton,
OH 44720-7328, for an alleged violation of the new Ohio Smoke-Free Workplace Law (R.C. Chapter 3794), that
became effective on Dec. 7, 2006. The report was received on Sunday, Aug 14, 2016, for alleged violations occurring
on Sunday, Aug 14, 2016 at approximately 2PM. An investigation has been opened in response to this report. Any
additional reports received prior to the conclusion of this investigation will be included in this investigation and you will
not receive additional notices. Enclosed, please find a copy of the report. The alleged violations are:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
You may contest the above referenced alleged violations within 30 days from the receipt of this letter. If you
intend to contest, you must do so by submitting written evidence to Stark Co Comb Gen Health Dist at 3951
Convenience Cir, NW, Canton, OH 44718-2660.
Stark Co Comb Gen Health Dist will be contacting you or visiting your establishment to investigate this claim.
Compliance with Chapter 3794 of the Ohio Revised Code was required beginning on Dec. 7, 2006.
The major requirements of the statute include:
Prohibiting smoking in any public place or place of employment.
Removing all ashtrays and other receptacles used for disposing of smoking materials from any area where
smoking is prohibited by the statute.
Posting conspicuous signs in every public place and place of employment where smoking is prohibited, including
at each entrance. The law (R.C. 3794.06) requires these signs to say "No Smoking" or have the international "No
Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red
bar across it). The signs must be clearly legible and shall contain the toll free number established by the Director of
Health for reporting violations [1-866-559-OHlO (6446)].
Downloadable versions of sample signs are posted on the ODH website, http://www.odh.ohio.gov.
Discontinuing smoking when asked to do so by a proprietor or any employee of an employer of the public place,
place of employment or establishment, facility or outdoor area.
To ensure that you are aware of your requirements to comply with the law, we have enclosed a summary to help you
in implementing the law. A full text version of the law and administrative rules can be found at
(http://www.odh.ohio.gov).
If you or your establishment are found in violation of the law and have received no findings of violation of the SmokeFree Workplace Law within the past two years, you may receive a letter of warning. If you or your establishment
have received a letter of warning within the past two years, a finding of violation may result in a fine ranging from
$100 to $2,500 for businesses and up to $100 for individuals. For questions about compliance or enforcement
please call (330) 493-9904.
Sincerely,
Courtney Myers, RS
Environmental Health Services
Enclosures

Action Taken:

On-site Investigation

Action Taken By:

Myers, Courtney

Created By:

Myers, Courtney

Details:

08/24/2016 00:00 AM,An inspection was attempted, but no cars were in the parking lot. An
inspection will be completed at a later date.

Date Created:

9/21/2016

Time Created:

02:10 PM

Cancelled: No

Print

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

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Action Taken:

On-site Investigation

Action Taken By:

Myers, Courtney

Created By:

Myers, Courtney

Details:

09/12/2016 02:45 PM,Two customers were actively smoking upon entry into the establishment.
Smoke was present in the air. The customers were using traditional style ashtrays. The
employee also had an ashtray on his counter with extinguished cigarette butts along with a
pack of cigarettes. I spoke with the employee, Tony Angelo about the complaint, violation and
fine. Mr. Angelo had no questions. The Notice of Report and Report Summary were left with
Mr. Angelo.

Date Created:

9/21/2016

Time Created:

02:11 PM

Cancelled: No

Print

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
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10/19/2016
Oasis Internet Cafe
4238 Portage St NW
North Canton, OH 44720-7328
Re: Proposed Civil Fine 72508
Dear Proprietor:
You have been found in violation of the Smoke-Free Workplace Law (R.C. Chapter 3794) which became effective on
Dec. 7, 2006. Stark Co Comb Gen Health Dist received a complaint of smoking in prohibited area occurring at 4238
Portage St NW, North Canton, OH 44720-7328, on Sunday, Aug 14, 2016 at approximately 2PM.
On Monday, Sep 12, 2016, I conducted an investigation of the allegations listed above and observed the following
activity: 02:45 PM,Two customers were actively smoking upon entry into the establishment. Smoke was present in
the air. The customers were using traditional style ashtrays. The employee also had an ashtray on his counter with
extinguished cigarette butts along with a pack of cigarettes. I spoke with the employee, Tony Angelo about the
complaint, violation and fine. Mr. Angelo had no questions. The Notice of Report and Report Summary were left with
Mr. Angelo.
Specifically, you have been found in violation of the following:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
Ashtray Present (OAC 3701-52-02(F); R.C. 3794.06(B))
No Signs Posted (OAC 3701-52-02(D); OAC 3701-52-06; R.C. 3794.06(A))
As you have received one or more violations of this law within the past two years, you are receiving a civil fine of
$5,000 for this subsequent violation of Ohio Revised Code 3794. (Ohio Smoke-Free Workplace Law). The Stark Co
Comb Gen Health Dist has determined that you have intentionally violated 3794 of Ohio Revised Code or 3701-52 of
Ohio Administrative Code. Pursuant to ORC 3794.07(B), your fine has been doubled. You have 30 days from the
receipt of this letter to request, in writing, an administrative review of this action by the Ohio Department of Health,
Smoke-Free Workplace Program, 246 N. High St., Columbus, OH 43215. The relevant administrative rules can be
found at http://codes.ohio.gov/oac/3701-52-08. If a review is requested, the Ohio Department of Health will notify
you of a date for this administrative hearing.
If you fail to request an administrative review within 30 days of receipt of this letter, this letter shall constitute a final
finding. In accordance with R.C. sections 119.12, you may appeal this final finding by filing a notice with the Ohio
Department of Health, setting forth the order appealed from and the grounds for your appeal and you are required to
file this notice with Franklin County Court of Common Pleas. The notice of appeal must be filed with the Ohio
Department of Health, Smoke-free Workplace Program, 246 N. High Street, Columbus, Ohio, 43215 and the Franklin
County Court of Common Pleas within fifteen days after the mailing of this letter.
If you choose not to request an administrative review and not to appeal to the Franklin County Court of Common
Pleas, you will receive an invoice for the amount listed above and it will be payable within 30 days of the date of the
invoice. Please do not send payment until you receive an invoice.

Subsequent violations of this law may result in the imposition of more severe civil fines upon the proprietor or
individual. Additional fines will be $2,500 and may be assessed on a daily basis once a finding of violation has been
issued and may be doubled if the violation is found to be intentional on the part of the proprietor or individual.
For questions about compliance or enforcement please call (330) 493-9904.
I hereby swear and affirm that the foregoing statements or attached investigation notes are true and accurate.

_____________________________________________
Courtney Myers, RS
Environmental Health Services
Stark Co Comb Gen Health Dist
Sworn to and signed in my presence this__________day of ____________________, 20_____.

_____________________________________________
Notary Public
PCF4-cert

Report Detail Summary


Report #: 101119
Investigation #: 72374

Date Reported:
7/7/2016

Violation Date/Time:
7/6/2016, 8 PM

Complaint Type:
Business

Business Information
Business
Papa's Tavern
Name:
City: Toledo
Street
1328 Liberty St
Address:
County: Lucas

Zip Code: 43605-3225

Phone: (419) 697-0644

Designee: Lucas

Violation Information
Violation Type(s)

Location Of Violation
Inside bar

Smoking in Prohibited Area


Additional Violation Information
Customers opened the front door to establishment and were assaulted by cigarette smoke.
Contact Information

Anonymous

Additional Report Information


Date Created: 7/8/2016 8:52:04 AM

Created By: Olander, Sue

Date Last Updated: 7/11/2016 11:16:28 AM

Updated By: Steffin, Mahjida

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

2/12/2016 My Web Server

7/11/2016
Papa's Tavern
1328 Liberty St
Toledo, OH 43605-3225
This letter is to inform you that a report was filed against Papa's Tavern at 1328 Liberty
St, Toledo, OH 43605-3225, for an alleged violation of the new Ohio Smoke-Free
Workplace Law (R.C. Chapter 3794), that became effective on Dec. 7, 2006. The report
was received on Thursday, Jul 7, 2016, for alleged violations occurring on Wednesday,
Jul 6, 2016 at approximately 8PM. An investigation has been opened in response to this
report. Any additional reports received prior to the conclusion of this investigation will be
included in this investigation and you will not receive additional notices. Enclosed, please
find a copy of the report. The alleged violations are:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
You may contest the above referenced alleged violations within 30 days from the
receipt of this letter. If you intend to contest, you must do so by submitting
written evidence to Toledo Lucas Co Health Dept at 635 N Erie St, Toledo, OH
43604-5317.
Toledo Lucas Co Health Dept will be contacting you or visiting your establishment to
investigate this claim.
Compliance with Chapter 3794 of the Ohio Revised Code was required beginning
on Dec. 7, 2006.
The major requirements of the statute include:
Prohibiting smoking in any public place or place of employment.
Removing all ashtrays and other receptacles used for disposing of smoking materials
from any area where smoking is prohibited by the statute.
Posting conspicuous signs in every public place and place of employment where
smoking is prohibited, including at each entrance. The law (R.C. 3794.06) requires
these signs to say "No Smoking" or have the international "No Smoking" symbol
(consisting of a pictorial representation of a burning cigarette enclosed in a red circle
with a red bar across it). The signs must be clearly legible and shall contain the toll
free number established by the Director of Health for reporting violations [1-866-559OHlO (6446)].
Downloadable versions of sample signs are posted on the ODH website,
http://www.odh.ohio.gov.
Discontinuing smoking when asked to do so by a proprietor or any employee of an
employer of the public place, place of employment or establishment, facility or outdoor
area.
To ensure that you are aware of your requirements to comply with the law, we have
enclosed a summary to help you in implementing the law. A full text version of the law
and administrative rules can be found at (http://www.odh.ohio.gov).
If you or your establishment are found in violation of the law and have received no
findings of violation of the Smoke-Free Workplace Law within the past two years, you
may receive a letter of warning. If you or your establishment have received a letter of
warning within the past two years, a finding of violation may result in a fine ranging from
$100 to $2,500 for businesses and up to $100 for individuals. For questions about
compliance or enforcement please call (419) 213-4100.

Sincerely,

Mahjida Steffin
Ohio Smoke-Free Workplace Program

Enclosures

Action Taken:
Action Taken By:
Created By:
Details:

On-site Investigation
Krajeski, Craig
Steffin, Mahjida
7/14/16 03:00 PM,Signs are adequately and appropriately posted. There is visible smoke or
haze and/or the smell of smoke. There were 3 people observed with cigarettes in their hand
inside of the facility, though they were not confirmed if lit or not. There were no ashtrays
present. There were no employees observed smoking in a prohibited area.

Date Created:

7/18/2016

Time Created:

04:24 PM

Cancelled: No

Print

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
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8/18/2016
Papa's Tavern
1328 Liberty St
Toledo, OH 43605-3225

Re: Proposed Civil Fine 72374

Dear Proprietor:
You have been found in violation of the Smoke-Free Workplace Law (R.C. Chapter
3794) which became effective on Dec. 7, 2006. Toledo Lucas Co Health Dept received a
complaint of smoking in prohibited area occurring at 1328 Liberty St, Toledo, OH 436053225, on Wednesday, Jul 6, 2016 at approximately 8PM.
On Thursday, Jul 14, 2016, I conducted an investigation of the allegations listed above
and observed the following activity: Though "No Smoking" signs were posted throughout
the facility and there was no presence of ashtrays observed, there was a very strong
smoke smell in the facilities. There was also smoking observed in a prohibited area.
Specifically, you have been found in violation of the following:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
Infiltration of Smoke (OAC 3701-52-02(B); R.C. 3794.02(B))
As you have received one or more violations of this law within the past two years, you
are receiving a civil fine of $2,500 for this subsequent violation of Ohio Revised Code
3794. (Ohio Smoke-Free Workplace Law). You have 30 days from the receipt of this
letter to request, in writing, an administrative review of this action by the Ohio
Department of Health, Smoke-Free Workplace Program, 246 N. High St., Columbus, OH
43215. The relevant administrative rules can be found at http://codes.ohio.gov/oac/3701
-52-08. If a review is requested, the Ohio Department of Health will notify you of a date
for this administrative hearing.
If you fail to request an administrative review within 30 days of receipt of this letter, this
letter shall constitute a final finding. In accordance with R.C. sections 119.12, you may
appeal this final finding by filing a notice with the Ohio Department of Health, setting
forth the order appealed from and the grounds for your appeal and you are required to
file this notice with Franklin County Court of Common Pleas. The notice of appeal must
be filed with the Ohio Department of Health, Smoke-free Workplace Program, 246 N.
High Street, Columbus, Ohio, 43215 and the Franklin County Court of Common Pleas
within fifteen days after the mailing of this letter.
If you choose not to request an administrative review and not to appeal to the Franklin
County Court of Common Pleas, you will receive an invoice for the amount listed above
and it will be payable within 30 days of the date of the invoice. Please do not send
payment until you receive an invoice.
Subsequent violations of this law may result in the imposition of more severe civil fines
upon the proprietor or individual. Additional fines will be $2,500 and may be assessed
on a daily basis once a finding of violation has been issued and may be doubled if the
violation is found to be intentional on the part of the proprietor or individual.

For questions about compliance or enforcement please call (419) 213-4100.


I hereby swear and affirm that the foregoing statements or attached investigation notes
are true and accurate.

______________________________________
_______
Craig Krajeski
Toledo-Lucas County Health Department
Ohio Smoke-Free Workplace Program
Toledo Lucas Co Health Dept
Sworn to and signed in my presence this__________day of ____________________,
20_____.

______________________________________
_______
Notary Public
PCF4-cert

Report Detail Summary


Report #: 98965
Investigation #: 71236

Date Reported:
6/6/2016

Violation Date/Time:
5/27/2016, 8 PM

Complaint Type:
Business

Business Information
Business
Redemption Skill Games
Name:
City: Canton
Street
2824 Whipple Ave NW
Address:
Zip Code: 44708-1532

County: Stark

Phone: (330) 479-9604

Designee: Stark

Violation Information
Violation Type(s)

Location Of Violation

Smoking in Prohibited Area


Ashtray Present
Additional Violation Information
Smoking room to the left of entrance.
Contact Information

Anonymous

Additional Report Information


Date Created: 6/6/2016 2:42:23 PM

Created By: Myers, Courtney

Date Last Updated: 6/9/2016 11:54:29 AM

Updated By: Myers, Courtney

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

2/12/2016 My Web Server

6/9/2016
Redemption Skill Games
2824 Whipple Ave NW
Canton, OH 44708-1532
This letter is to inform you that a report was filed against Redemption Skill Games at 2824 Whipple Ave NW, Canton,
OH 44708-1532, for an alleged violation of the new Ohio Smoke-Free Workplace Law (R.C. Chapter 3794), that
became effective on Dec. 7, 2006. The report was received on Monday, Jun 6, 2016, for alleged violations occurring
on Friday, May 27, 2016 at approximately 8PM. An investigation has been opened in response to this report. Any
additional reports received prior to the conclusion of this investigation will be included in this investigation and you will
not receive additional notices. Enclosed, please find a copy of the report. The alleged violations are:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
Ashtray Present (OAC 3701-52-02(F); R.C. 3794.06(B))
You may contest the above referenced alleged violations within 30 days from the receipt of this letter. If you
intend to contest, you must do so by submitting written evidence to Stark Co Comb Gen Health Dist at 3951
Convenience Cir, NW, Canton, OH 44718-2660.
Stark Co Comb Gen Health Dist will be contacting you or visiting your establishment to investigate this claim.
Compliance with Chapter 3794 of the Ohio Revised Code was required beginning on Dec. 7, 2006.
The major requirements of the statute include:
Prohibiting smoking in any public place or place of employment.
Removing all ashtrays and other receptacles used for disposing of smoking materials from any area where
smoking is prohibited by the statute.
Posting conspicuous signs in every public place and place of employment where smoking is prohibited, including
at each entrance. The law (R.C. 3794.06) requires these signs to say "No Smoking" or have the international "No
Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red
bar across it). The signs must be clearly legible and shall contain the toll free number established by the Director of
Health for reporting violations [1-866-559-OHlO (6446)].
Downloadable versions of sample signs are posted on the ODH website, http://www.odh.ohio.gov.
Discontinuing smoking when asked to do so by a proprietor or any employee of an employer of the public place,
place of employment or establishment, facility or outdoor area.
To ensure that you are aware of your requirements to comply with the law, we have enclosed a summary to help you
in implementing the law. A full text version of the law and administrative rules can be found at
(http://www.odh.ohio.gov).
If you or your establishment are found in violation of the law and have received no findings of violation of the SmokeFree Workplace Law within the past two years, you may receive a letter of warning. If you or your establishment
have received a letter of warning within the past two years, a finding of violation may result in a fine ranging from
$100 to $2,500 for businesses and up to $100 for individuals. For questions about compliance or enforcement
please call (330) 493-9904.
Sincerely,
Courtney Myers, RS
Environmental Health Services
Enclosures

Action Taken:

On-site Investigation

Action Taken By:

Myers, Courtney

Created By:

Myers, Courtney

Details:

06/09/2016 08:00 PM,Investigated by Courtney Myers, RS and Tory Coyle, RS. Smoke was
present in the air upon entry. The room to the left of the entrance was filled with smokers. They
were using machine insert ashtrays. We spoke with, employee Ron about the complaint. He
asked if we made up these complaints. I stated, no in fact I received a direct call from the
complainant. The Notice of Report and Report Summary were left with Ron.

Date Created:

6/10/2016

Time Created:

10:21 AM

Cancelled: No

Print

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
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7/19/2016
Redemption Skill Games
2824 Whipple Ave NW
Canton, OH 44708-1532
Re: Proposed Civil Fine 71236
Dear Proprietor:
You have been found in violation of the Smoke-Free Workplace Law (R.C. Chapter 3794) which
became effective on Dec. 7, 2006. Stark Co Comb Gen Health Dist received a complaint of smoking
in prohibited area and ashtray present occurring at 2824 Whipple Ave NW, Canton, OH 44708-1532,
on Friday, May 27, 2016 at approximately 8PM.
On Thursday, Jun 9, 2016, I conducted an investigation of the allegations listed above and observed
the following activity: 08:00 PM,Investigated by Courtney Myers, RS and Tory Coyle, RS. Smoke was
present in the air upon entry. The room to the left of the entrance was filled with smokers. They were
using machine insert ashtrays. We spoke with, employee Ron about the complaint. He asked if we
made up these complaints. I stated, no in fact I received a direct call from the complainant. The
Notice of Report and Report Summary were left with Ron.
Specifically, you have been found in violation of the following:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
Ashtray Present (OAC 3701-52-02(F); R.C. 3794.06(B))
As you have received one or more violations of this law within the past two years, you are receiving a
civil fine of $5,000 for this subsequent violation of Ohio Revised Code 3794. (Ohio Smoke-Free
Workplace Law). The Stark Co Comb Gen Health Dist has determined that you have intentionally
violated 3794 of Ohio Revised Code or 3701-52 of Ohio Administrative Code. Pursuant to ORC
3794.07(B), your fine has been doubled. You have 30 days from the receipt of this letter to request,
in writing, an administrative review of this action by the Ohio Department of Health, Smoke-Free
Workplace Program, 246 N. High St., Columbus, OH 43215. The relevant administrative rules can
be found at http://codes.ohio.gov/oac/3701-52-08. If a review is requested, the Ohio Department of
Health will notify you of a date for this administrative hearing.
If you fail to request an administrative review within 30 days of receipt of this letter, this letter shall
constitute a final finding. In accordance with R.C. sections 119.12, you may appeal this final finding
by filing a notice with the Ohio Department of Health, setting forth the order appealed from and the
grounds for your appeal and you are required to file this notice with Franklin County Court of
Common Pleas. The notice of appeal must be filed with the Ohio Department of Health, Smoke-free
Workplace Program, 246 N. High Street, Columbus, Ohio, 43215 and the Franklin County Court of
Common Pleas within fifteen days after the mailing of this letter.

If you choose not to request an administrative review and not to appeal to the Franklin County Court
of Common Pleas, you will receive an invoice for the amount listed above and it will be payable
within 30 days of the date of the invoice. Please do not send payment until you receive an invoice.
Subsequent violations of this law may result in the imposition of more severe civil fines upon the
proprietor or individual. Additional fines will be $2,500 and may be assessed on a daily basis once a
finding of violation has been issued and may be doubled if the violation is found to be intentional on
the part of the proprietor or individual.
For questions about compliance or enforcement please call (330) 493-9904.
I hereby swear and affirm that the foregoing statements or attached investigation notes are true and
accurate.

_____________________________________________
Courtney Myers, RS
Environmental Health Services
Stark Co Comb Gen Health Dist
Sworn to and signed in my presence this__________day of ____________________, 20_____.

_____________________________________________
Notary Public
PCF4-cert

Report Detail Summary


Report #: 101158
Investigation #: 72409

Date Reported:
7/19/2016

Violation Date/Time:
7/18/2016, 1 AM

Complaint Type:
Business

Business Information
Business
Redemption Skill Games
Name:
City: Canton
Street
2824 Whipple Ave NW
Address:
Zip Code: 44708-1532

County: Stark

Phone: (330) 479-9604

Designee: Stark

Violation Information
Violation Type(s)

Location Of Violation
All over the building

Smoking in Prohibited Area


Ashtray Present
Additional Violation Information

Contact Information

Anonymous

Additional Report Information


Date Created: 7/19/2016 12:31:01 PM

Created By: Desk1, CMS

Date Last Updated: 7/21/2016 12:00:12 PM

Updated By: Myers, Courtney

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

2/12/2016 My Web Server

7/21/2016
Redemption Skill Games
2824 Whipple Ave NW
Canton, OH 44708-1532
This letter is to inform you that a report was filed against Redemption Skill Games at 2824 Whipple Ave NW, Canton,
OH 44708-1532, for an alleged violation of the new Ohio Smoke-Free Workplace Law (R.C. Chapter 3794), that
became effective on Dec. 7, 2006. The report was received on Tuesday, Jul 19, 2016, for alleged violations occurring
on Monday, Jul 18, 2016 at approximately 1AM. An investigation has been opened in response to this report. Any
additional reports received prior to the conclusion of this investigation will be included in this investigation and you will
not receive additional notices. Enclosed, please find a copy of the report. The alleged violations are:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
Ashtray Present (OAC 3701-52-02(F); R.C. 3794.06(B))
You may contest the above referenced alleged violations within 30 days from the receipt of this letter. If you
intend to contest, you must do so by submitting written evidence to Stark Co Comb Gen Health Dist at 3951
Convenience Cir, NW, Canton, OH 44718-2660.
Stark Co Comb Gen Health Dist will be contacting you or visiting your establishment to investigate this claim.
Compliance with Chapter 3794 of the Ohio Revised Code was required beginning on Dec. 7, 2006.
The major requirements of the statute include:
Prohibiting smoking in any public place or place of employment.
Removing all ashtrays and other receptacles used for disposing of smoking materials from any area where
smoking is prohibited by the statute.
Posting conspicuous signs in every public place and place of employment where smoking is prohibited, including
at each entrance. The law (R.C. 3794.06) requires these signs to say "No Smoking" or have the international "No
Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red
bar across it). The signs must be clearly legible and shall contain the toll free number established by the Director of
Health for reporting violations [1-866-559-OHlO (6446)].
Downloadable versions of sample signs are posted on the ODH website, http://www.odh.ohio.gov.
Discontinuing smoking when asked to do so by a proprietor or any employee of an employer of the public place,
place of employment or establishment, facility or outdoor area.
To ensure that you are aware of your requirements to comply with the law, we have enclosed a summary to help you
in implementing the law. A full text version of the law and administrative rules can be found at
(http://www.odh.ohio.gov).
If you or your establishment are found in violation of the law and have received no findings of violation of the SmokeFree Workplace Law within the past two years, you may receive a letter of warning. If you or your establishment
have received a letter of warning within the past two years, a finding of violation may result in a fine ranging from
$100 to $2,500 for businesses and up to $100 for individuals. For questions about compliance or enforcement
please call (330) 493-9904.
Sincerely,
Courtney Myers, RS
Environmental Health Services
Enclosures

Action Taken:

On-site Investigation

Action Taken By:

Myers, Courtney

Created By:

Myers, Courtney

Details:

07/21/2016 09:00 PM,Investigate by Courtney Myers and Tory Coyle. We rang the buzzer and
witness a person come to the door and walk away. We then were left for several minutes at the
front door and were not let in.

Date Created:

8/3/2016

Time Created:

10:49 AM

Cancelled: No

Print

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
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Action Taken:

On-site Investigation

Action Taken By:

Myers, Courtney

Created By:

Myers, Courtney

Details:

07/27/2016 08:00 PM,Investigated by John Pavel. Employee Greg Myers let John into the
establishment. Customers were actively smoking. Machine insert style ashtrays were present.
Greg stated he saw Courtney Myers and Tory Coyle during the previous inspection and they
were held at the door for several minutes. Greg told John that they fight and win every violation,
because the health department is making up these complaints and violations. Greg Myers
willingly admitted that they allow smoking within the establishment.

Date Created:

8/3/2016

Time Created:

10:52 AM

Cancelled: No

Print

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
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8/23/2016
Redemption Skill Games
2824 Whipple Ave NW
Canton, OH 44708-1532
Re: Proposed Civil Fine 72409
Dear Proprietor:
You have been found in violation of the Smoke-Free Workplace Law (R.C. Chapter 3794) which became effective on
Dec. 7, 2006. Stark Co Comb Gen Health Dist received a complaint of smoking in prohibited area and ashtray
present occurring at 2824 Whipple Ave NW, Canton, OH 44708-1532, on Monday, Jul 18, 2016 at approximately
1AM.
On Wednesday, Jul 27, 2016, I conducted an investigation of the allegations listed above and observed the following
activity: 07/27/2016 08:00 PM,Investigated by John Pavel. Employee Greg Myers let John into the establishment.
Customers were actively smoking. Machine insert style ashtrays were present. Greg stated he saw Courtney Myers
and Tory Coyle during the previous inspection and they were held at the door for several minutes. Greg told John
that they fight and win every violation, because the health department is making up these complaints and violations.
Greg Myers willingly admitted that they allow smoking within the establishment.
Specifically, you have been found in violation of the following:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
Ashtray Present (OAC 3701-52-02(F); R.C. 3794.06(B))
As you have received one or more violations of this law within the past two years, you are receiving a civil fine of
$5,000 for this subsequent violation of Ohio Revised Code 3794. (Ohio Smoke-Free Workplace Law). The Stark Co
Comb Gen Health Dist has determined that you have intentionally violated 3794 of Ohio Revised Code or 3701-52 of
Ohio Administrative Code. Pursuant to ORC 3794.07(B), your fine has been doubled. You have 30 days from the
receipt of this letter to request, in writing, an administrative review of this action by the Ohio Department of Health,
Smoke-Free Workplace Program, 246 N. High St., Columbus, OH 43215. The relevant administrative rules can be
found at http://codes.ohio.gov/oac/3701-52-08. If a review is requested, the Ohio Department of Health will notify
you of a date for this administrative hearing.
If you fail to request an administrative review within 30 days of receipt of this letter, this letter shall constitute a final
finding. In accordance with R.C. sections 119.12, you may appeal this final finding by filing a notice with the Ohio
Department of Health, setting forth the order appealed from and the grounds for your appeal and you are required to
file this notice with Franklin County Court of Common Pleas. The notice of appeal must be filed with the Ohio
Department of Health, Smoke-free Workplace Program, 246 N. High Street, Columbus, Ohio, 43215 and the Franklin
County Court of Common Pleas within fifteen days after the mailing of this letter.
If you choose not to request an administrative review and not to appeal to the Franklin County Court of Common
Pleas, you will receive an invoice for the amount listed above and it will be payable within 30 days of the date of the
invoice. Please do not send payment until you receive an invoice.

Subsequent violations of this law may result in the imposition of more severe civil fines upon the proprietor or
individual. Additional fines will be $2,500 and may be assessed on a daily basis once a finding of violation has been
issued and may be doubled if the violation is found to be intentional on the part of the proprietor or individual.
For questions about compliance or enforcement please call (330) 493-9904.
I hereby swear and affirm that the foregoing statements or attached investigation notes are true and accurate.

_____________________________________________
Courtney Myers, RS
Environmental Health Services
Stark Co Comb Gen Health Dist
Sworn to and signed in my presence this__________day of ____________________, 20_____.

_____________________________________________
Notary Public
PCF4-cert

Report Detail Summary


Report #: 98465
Investigation #: 70815

Date Reported:
3/22/2016

Violation Date/Time:
3/22/2016, 12 PM

Complaint Type:
Business

Business Information
Business
Santa Fe Lounge
Name:
City: Dayton
Street
3991 Dayton Xenia Rd
Address:
Zip Code: 45432-2836

County: Greene

Phone: (937) 426-9222

Designee: ODH

Violation Information
Violation Type(s)

Location Of Violation
Smoking in the bar

Smoking in Prohibited Area


Additional Violation Information
The customers and employees smoke everyday all day. This is on going situation.
Contact Information

Anonymous

Additional Report Information


Date Created: 3/22/2016 2:37:01 PM

Created By: Desk1, CMS

Date Last Updated: 7/2/2016 12:00:52 AM

Updated By: System, Smoke-Free

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

2/12/2016 My Web Server

Report Detail Summary


Report #: 98889
Investigation #: 70815

Date Reported:
5/23/2016

Violation Date/Time:
5/23/2016, 12 PM

Complaint Type:
Business

Business Information
Business
Santa Fe Lounge
Name:
City: Dayton
Street
3991 Dayton Xenia Rd
Address:
Zip Code: 45432-2836

County: Greene

Phone: (937) 426-9222

Designee: ODH

Violation Information
Violation Type(s)

Location Of Violation

Infiltration of Smoke
Smoking in Prohibited Area
Additional Violation Information
The bar manager Marlene smokes in the lounge and lets the customers smoke as well. I have asked her to stop but she tells me it's none
of my business and she's going to do what she wants.
Contact Information

Anonymous

Additional Report Information


Date Created: 5/23/2016 12:12:42 PM

Created By: Desk1, CMS

Date Last Updated: 7/2/2016 12:00:52 AM

Updated By: System, Smoke-Free

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

2/12/2016 My Web Server

3/23/2016
Santa Fe Lounge
3991 Dayton Xenia Rd
Beavercreek, OH 45432-2836
This letter is to inform you that a report was filed against Santa Fe Lounge at 3991 Dayton Xenia Rd, Beavercreek,
OH 45432-2836, for an alleged violation of the new Ohio Smoke-Free Workplace Law (R.C. Chapter 3794), that
became effective on Dec. 7, 2006. The report was received on Tuesday, Mar 22, 2016, for alleged violations
occurring on Tuesday, Mar 22, 2016 at approximately 12PM. An investigation has been opened in response to this
report. Any additional reports received prior to the conclusion of this investigation will be included in this investigation
and you will not receive additional notices. Enclosed, please find a copy of the report. The alleged violations are:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
You may contest the above referenced alleged violations within 30 days from the receipt of this letter. If you
intend to contest, you must do so by submitting written evidence to Ohio Department of Health at 246 N.
High St, Columbus, OH 43215.
Ohio Department of Health will be contacting you or visiting your establishment to investigate this claim.
Compliance with Chapter 3794 of the Ohio Revised Code was required beginning on Dec. 7, 2006.
The major requirements of the statute include:
Prohibiting smoking in any public place or place of employment.
Removing all ashtrays and other receptacles used for disposing of smoking materials from any area where
smoking is prohibited by the statute.
Posting conspicuous signs in every public place and place of employment where smoking is prohibited, including
at each entrance. The law (R.C. 3794.06) requires these signs to say "No Smoking" or have the international "No
Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red
bar across it). The signs must be clearly legible and shall contain the toll free number established by the Director of
Health for reporting violations [1-866-559-OHlO (6446)].
Downloadable versions of sample signs are posted on the ODH website, http://www.odh.ohio.gov.
Discontinuing smoking when asked to do so by a proprietor or any employee of an employer of the public place,
place of employment or establishment, facility or outdoor area.
To ensure that you are aware of your requirements to comply with the law, we have enclosed a summary to help you
in implementing the law. A full text version of the law and administrative rules can be found at
(http://www.odh.ohio.gov).
If you or your establishment are found in violation of the law and have received no findings of violation of the SmokeFree Workplace Law within the past two years, you may receive a letter of warning. If you or your establishment
have received a letter of warning within the past two years, a finding of violation may result in a fine ranging from
$100 to $2,500 for businesses and up to $100 for individuals. For questions about compliance or enforcement
please call (614) 466-1390.
Sincerely,
Lisa M Zumstein
Smoke-free Workplace Program
OhioDepartment of Health
Enclosures

Action Taken:

On-site Investigation

Action Taken By:

Hartley, Bryan

Created By:

Hartley, Bryan

Details:

06/15/2016 06:22 PM,There was a very strong smell of cigarette smoke detected upon entry. I
could also see a smoky haze throughout the bar. I observed at least four (4) people seated at
the bar smoking cigarettes. There were also regular plastic ashtrays on the bar being used by
the smokers. I spoke to bartender Jeri Lynn. She stated Kevin Thomas is the owner.

Date Created:

6/30/2016

Time Created:

01:58 PM

Cancelled: No

Print

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

2/12/2016 My Web Server

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6/30/2016
Santa Fe Lounge
3991 Dayton Xenia Rd
Beavercreek, OH 45432-2836
Re: Proposed Civil Fine 70815
Dear Proprietor:
You have been found in violation of the Smoke-Free Workplace Law (R.C. Chapter 3794) which became effective on
Dec. 7, 2006. Ohio Department of Health received a complaint of smoking in prohibited area occurring at 3991
Dayton Xenia Rd, Beavercreek, OH 45432-2836, on Tuesday, Mar 22, 2016 at approximately 12PM.
On Wednesday, Jun 15, 2016, I conducted an investigation of the allegations listed above and observed the following
activity: There was a very strong smell of cigarette smoke detected upon entry. I could also see a smoky haze
throughout the bar. I observed at least four (4) people seated at the bar smoking cigarettes. There were also regular
plastic ashtrays on the bar being used by the smokers.
Specifically, you have been found in violation of the following:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
Ashtray Present (OAC 3701-52-02(F); R.C. 3794.06(B))
As you have received one or more violations of this law within the past two years, you are receiving a civil fine of
$5,000 for this subsequent violation of Ohio Revised Code 3794. (Ohio Smoke-Free Workplace Law). The Ohio
Department of Health has determined that you have intentionally violated 3794 of Ohio Revised Code or 3701-52 of
Ohio Administrative Code. Pursuant to ORC 3794.07(B), your fine has been doubled. You have 30 days from the
receipt of this letter to request, in writing, an administrative review of this action by the Ohio Department of Health,
Smoke-Free Workplace Program, 246 N. High St., Columbus, OH 43215. The relevant administrative rules can be
found at http://codes.ohio.gov/oac/3701-52-08. If a review is requested, the Ohio Department of Health will notify
you of a date for this administrative hearing.
If you fail to request an administrative review within 30 days of receipt of this letter, this letter shall constitute a final
finding. In accordance with R.C. sections 119.12, you may appeal this final finding by filing a notice with the Ohio
Department of Health, setting forth the order appealed from and the grounds for your appeal and you are required to
file this notice with Franklin County Court of Common Pleas. The notice of appeal must be filed with the Ohio
Department of Health, Smoke-free Workplace Program, 246 N. High Street, Columbus, Ohio, 43215 and the Franklin
County Court of Common Pleas within fifteen days after the mailing of this letter.
If you choose not to request an administrative review and not to appeal to the Franklin County Court of Common
Pleas, you will receive an invoice for the amount listed above and it will be payable within 30 days of the date of the
invoice. Please do not send payment until you receive an invoice.
Subsequent violations of this law may result in the imposition of more severe civil fines upon the proprietor or
individual. Additional fines will be $2,500 and may be assessed on a daily basis once a finding of violation has been
issued and may be doubled if the violation is found to be intentional on the part of the proprietor or individual.
For questions about compliance or enforcement please call (614) 644-6220.

I hereby swear and affirm that the foregoing statements or attached investigation notes are true and accurate.

_____________________________________________
Bryan Hartley
Ohio Smoke-Free Workplace Program
Ohio Department of Health
Sworn to and signed in my presence this__________day of ____________________, 20_____.

_____________________________________________
Notary Public
PCF4-cert

Report Detail Summary


Report #: 101170
Investigation #: 72417

Date Reported:
7/21/2016

Violation Date/Time:
7/21/2016, 8 PM

Complaint Type:
Business

Business Information
Business
Towne Pub
Name:
City: Hamilton
Street
341 S B St
Address:
County: Butler

Zip Code: 45013-3311

Phone: 513-896-9166

Designee: Hamilton City

Violation Information
Violation Type(s)

Location Of Violation
Entire Bar

Infiltration of Smoke
Ashtray Present
Smoking in Prohibited Area
Additional Violation Information
They smoke in this bar everyday & all day that they are open. They are open from 6/7 am until 2:30am If you sit in there and ask for an
ashtray they will let you light up & hand you one. They regular ashtrays but they also use Altoid mint cans for ashtrays as well.
Contact Information

Anonymous

Additional Report Information


Date Created: 7/21/2016 9:40:42 PM

Created By: Desk1, CMS

Date Last Updated: 7/26/2016 8:38:54 AM

Updated By: Foucart, David

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

2/12/2016 My Web Server

7/25/2016
Towne Pub
341 S B St
Hamilton, OH 45013-3311
This letter is to inform you that a report was filed against Towne Pub at 341 S B St, Hamilton, OH 450133311, for an alleged violation of the new Ohio Smoke-Free Workplace Law (R.C. Chapter 3794), that
became effective on Dec. 7, 2006. The report was received on Thursday, Jul 21, 2016, for alleged
violations occurring on Thursday, Jul 21, 2016 at approximately 8PM. An investigation has been opened
in response to this report. Any additional reports received prior to the conclusion of this investigation will
be included in this investigation and you will not receive additional notices. Enclosed, please find a copy
of the report. The alleged violations are:
Smoking in Prohibited Area (OAC 3701-52-02(A); R.C. 3794.02(A))
Ashtray Present (OAC 3701-52-02(F); R.C. 3794.06(B))
Infiltration of Smoke (OAC 3701-52-02(B); R.C. 3794.02(B))
You may contest the above referenced alleged violations within 30 days from the receipt of this
letter. If you intend to contest, you must do so by submitting written evidence to City of Hamilton
Health Dept at 345 High St, Fl 3, Hamilton, OH 45011.
City of Hamilton Health Dept will be contacting you or visiting your establishment to investigate this
claim.
Compliance with Chapter 3794 of the Ohio Revised Code was required beginning on Dec. 7, 2006.
The major requirements of the statute include:
Prohibiting smoking in any public place or place of employment.
Removing all ashtrays and other receptacles used for disposing of smoking materials from any area
where smoking is prohibited by the statute.
Posting conspicuous signs in every public place and place of employment where smoking is
prohibited, including at each entrance. The law (R.C. 3794.06) requires these signs to say "No
Smoking" or have the international "No Smoking" symbol (consisting of a pictorial representation of a
burning cigarette enclosed in a red circle with a red bar across it). The signs must be clearly legible
and shall contain the toll free number established by the Director of Health for reporting violations [1866-559-OHlO (6446)].
Downloadable versions of sample signs are posted on the ODH website, http://www.odh.ohio.gov.
Discontinuing smoking when asked to do so by a proprietor or any employee of an employer of the
public place, place of employment or establishment, facility or outdoor area.
To ensure that you are aware of your requirements to comply with the law, we have enclosed a summary
to help you in implementing the law. A full text version of the law and administrative rules can be found at
(http://www.odh.ohio.gov).
If you or your establishment are found in violation of the law and have received no findings of violation of
the Smoke-Free Workplace Law within the past two years, you may receive a letter of warning. If you or
your establishment have received a letter of warning within the past two years, a finding of violation may
result in a fine ranging from $100 to $2,500 for businesses and up to $100 for individuals. For questions
about compliance or enforcement please call (513) 785-7080.

Sincerely,

Enclosures

Action Taken:

On-site Investigation

Action Taken By:

Gromen, Keith

Created By:

Gromen, Keith

Details:

07/26/2016 12:30 PM,In response to a complaint I conducted a inspection at the Towne Pub
located at 341 S B st. Upon entry I observed a small metal tin tray on the bar with an
extinguished cigarette butt in it. I informed the bartender this was a violation of the smoking law.

Date Created:

10/20/2016

Time Created:

03:25 PM

Cancelled: No

Print

Ohio Department Of Health - Ohio Smoke-Free Workplace System


For technical assistance with this application, please contact the ODH Help Desk at (614) 752-5190.
For general questions about the Smoke-Free Workplace Program, please call (614) 466-1390.
Build Date:

2/12/2016 My Web Server

Close

8/26/2016
Towne Pub
341 S B St
Hamilton, OH 45013-3311
Re: Proposed Civil Fine 72417
Dear Proprietor:
You have been found in violation of the Smoke-Free Workplace Law (R.C. Chapter 3794) which became
effective on Dec. 7, 2006. City of Hamilton Health Dept received a complaint of smoking in prohibited
area, ashtray present and infiltration of smoke occurring at 341 S B St, Hamilton, OH 45013-3311, on
Thursday, Jul 21, 2016 at approximately 8PM.
On Monday, Jul 25, 2016, I conducted an investigation of the allegations listed above and observed the
following activity: I observed a altoid can used as an ashtray on the bar.
Specifically, you have been found in violation of the following:
Ashtray Present (OAC 3701-52-02(F); R.C. 3794.06(B))
As you have received one or more violations of this law within the past two years, you are receiving a
civil fine of $2,500 for this subsequent violation of Ohio Revised Code 3794. (Ohio Smoke-Free
Workplace Law). You have 30 days from the receipt of this letter to request, in writing, an administrative
review of this action by the Ohio Department of Health, Smoke-Free Workplace Program, 246 N. High
St., Columbus, OH 43215. The relevant administrative rules can be found at
http://codes.ohio.gov/oac/3701-52-08. If a review is requested, the Ohio Department of Health will notify
you of a date for this administrative hearing.
If you fail to request an administrative review within 30 days of receipt of this letter, this letter shall
constitute a final finding. In accordance with R.C. sections 119.12, you may appeal this final finding by
filing a notice with the Ohio Department of Health, setting forth the order appealed from and the grounds
for your appeal and you are required to file this notice with Franklin County Court of Common Pleas.
The notice of appeal must be filed with the Ohio Department of Health, Smoke-free Workplace Program,
246 N. High Street, Columbus, Ohio, 43215 and the Franklin County Court of Common Pleas within
fifteen days after the mailing of this letter.
If you choose not to request an administrative review and not to appeal to the Franklin County Court of
Common Pleas, you will receive an invoice for the amount listed above and it will be payable within 30
days of the date of the invoice. Please do not send payment until you receive an invoice.
Subsequent violations of this law may result in the imposition of more severe civil fines upon the
proprietor or individual. Additional fines will be $2,500 and may be assessed on a daily basis once a
finding of violation has been issued and may be doubled if the violation is found to be intentional on the
part of the proprietor or individual.
For questions about compliance or enforcement please call (513) 785-7080.

I hereby swear and affirm that the foregoing statements or attached investigation notes are true and
accurate.

_____________________________________________
City of Hamilton Health Dept
Sworn to and signed in my presence this__________day of ____________________, 20_____.

_____________________________________________
Notary Public
PCF4-cert

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