Non-smoker protection in the catering industry

The existing smoking ban in public buildings has been lifted with 1.1.2009 This applies to all areas frequented by the public, such as restaurants, discotheques, bars, accommodation establishments and also food stands, kebab shops, inns, etc. In principle, smoking is not permitted in these areas. Smoking is therefore only permitted in designated areas, provided that the conditions for exceptions are met and smoking is desired. If several rooms are available, one (side) room can be designated as a smoking area. "Extra room" for smokers will be dedicated - essential conditions are that the non-smoking area accounts for at least 50% of the area and not in the main room smoking is allowed. In establishments with only one room, the less than 50m² In principle, the owner is free to allow smoking. The same applies if the Space between 50m² and 80m² constitutes and the creation of an additional room for reasons of building law, fire safety or monument protection is not permissible. For all exceptions to the smoking ban, it is necessary that the collective agreement provides for health-related measures and that it is ensured that the training or employment of Young people mostly in the non-smoking area Pregnant mothers are not allowed to work in the smoking area. Infringements of the operator against the non-smoking protection regulations will be subject to a fine of up to 2.000 € (in the event of repeated offenses, up to €10,000) fined. Uninformed smokers In addition to a local ban or prohibition, a fine of up to 100 € or up to €1,000 for repeat offenses. One-room accommodation with more than 50m² The smoking ban only applies then from 1.7.2010 if construction measures to create an additional room were initiated immediately after 11.8.08 or, at the very least, before the end of 2008.

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