The ban was approved by voters in November of 2006 and took effect a month later, but enforcement was delayed until rules and regulations could be adopted.

Tuesday’s hearing was to allow public comment on proposed rules. The rules set penalties for businesses that allow smoking to run from a warning letter for a first offense, to a $2,500 fine for repeat offenders.

Moraine bar owner Debra Miller told WHIOTV.com, “If there are all these non-smokers who really wanted this, where are they? They are not in my bar. They’re not at my place. Where are they? I don’t know what to say, but they are putting us out of business.”

Tracy Sabetta, an organizer of the Smoke Free Ohio campaign in favor of the ban, said the financial damage to businesses will only be temporary. She cited the experience of other states with smoking bans.

The proposed rules from the Health Department include a list of fines for violations:

Business Violations

- first violation: warning letter

- second violation: $100

- third violation: $500

- fourth violation: $1,000

- fifth or subsequent violations: $2,500

Individual Violations

- first violation: warning letter

- second violation: $100

jim.otte@whiotv.com