This petition is established to replace Issue 5 that passed in the November 2006 election. It is the position of the signers of this petition that since smoking tobacco is not an illegal activity, it is the right of the business owner to determine if he or she will permit smoking in their establishment. Articles: 1) Each business owner shall have the opportunity to determine if he or she will allow smoking in their establishment. 2) Each business owner can choose to have smoking, no smoking, or a combination of smoking and no smoking. 3) Regardless of which choice is made, the business must display in clearly legible English that the business permits smoking or does not permit smoking on any and all entrances to the facility. 4) In the event a business chooses to provide both smoking and no smoking environments, the business must provide the following: a) The smoking area must be totally segregated from the non smoking area by walls, doors, and similar fixed devices. b) The smoking area must have separate exhaust ventilation for the removal of smoke. c) The smoking area must have sufficient negative air flow relative to the non smoking area that when doors or other closures are opened no smoke will enter the non smoking area. d) The business owner is responsible for testing not less than annually to ensure all apparatus for the prevention of smoke migrating into the non smoking area are functional and operating as intended. 5) This rule cannot be overturned by other proposed legislation as long as it is legal to smoke tobacco in the state of Ohio.