HomeMy WebLinkAboutEH-06-2016-6151.TIF IACatawba County Public Health
OWN www.catawbacountync.gov/environmentalhealth
Environmental Health
North Car°Iirla P.O.Box 389, 100-A South West Blvd.,Newton, NC 28658 Phone
(828) 465-8270.Fax(828) 465-8276
Administrative Penalty Letter
Notice of Fourth Violation
NC Smoke-free Restaurants and Bar Law
July 9, 2016
Russell Craig
Twin Oaks Bar & Grill
5242 Slanting Bridge Rd.
Denver, NC 28037
Re: 4th notice of violation of the Act to Prohibit Smoking in Certain Public Places and Places of
Employment
Dear Mr. Craig,
On January 2, 2010, a new law went into effect prohibiting smoking in restaurants and bars in
North Carolina entitled an ACT TO PROHIBIT SMOKING IN CERTAIN PUBLIC PLACES
AND CERTAIN PLACES OF EMPLOYMENT (S.L 2009-27) referred to as the NC Smoke-free
Restaurants and Bars Law. The Catawba County Health Department has received a complaint of
an alleged violation of the law at Twin Oaks Bar& Grill @ 5242 Slanting Bridge Rd, Denver,
NC 28037. Your establishment is required to comply with the new law.
Under the new law, smoking is prohibited in enclosed areas of bars and restaurants. Smoking is
also not allowed in enclosed areas of many lodging establishments that operate a permitted
restaurant. A person in charge of a restaurant, bar or lodging establishment that is subject to the
new law must: 1) post the required no-smoking signs, 2) remove indoor ashtrays and other
smoking receptacles, and 3) direct any person who is smoking to extinguish the lighted tobacco
product.
The following describes the particular alleged violation(s): 6/17/16 (Received) Every time I go
in on a weekend there are MULTIPLE people smoking inside (sometimes including staff).
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As a follow-up to the complaint, a representative of the local health department conducted an
unannounced on site inspection on July, 2016. thatpat�ron'was smokmgand using
cupof wateras`kash trays ._Cigere to smoke rn�thear.
The specific violation(s) are as follows:
X Smoking in enclosed areas of the restaurant, bar or lodging facility in which
smoking is prohibited
Failure to direct individuals to stop smoking. A person who manages, operates, or
controls a restaurant, bar or lodging facility in which smoking is prohibited is required to inform
any individual by written or oral notice that smoking in a place where smoking is prohibited is
violating the NC Smoke free Air and direct a person who is smoking to extinguish the lighted
tobacco product
No smoking signs not posted. A person who manages, operates, or controls a
restaurant, bar or lodging facility in which smoking is prohibited is required to post "no
smoking"signs at each public entrance at a height and location easily seen; be at least 24
square inches in size (example 4x6 inches; be legible font type and display the Division's toll-
free information and complaint telephone number 1-800-662-7030, G.S. 130A-497 and
www.smokefree.nc.gov.
X Remove all indoor ashtrays. A person who manages, operates, or controls a
restaurant, bar or lodging facility in which smoking is prohibited shall remove all indoor
ashtrays and other smoking receptacles from the enclosed areas of the establishment.
By letter of February 16, 2011 you were notified of the first violation of the law and by letter
curie 14,-201.2 and Julv.24�-2015 including today July 7, 2106 you were notified of these
violations of the law and the consequences of subsequent violations.
This letter is the fourth notice of violation of the Act to Prohibit Smoking in Certain Public
Places and Certain Places of Employment in accordance with G.S. 130A-22 (hl). In accordance
with 130A-22 (hl), I am imposing an administrative penalty of$200 per day on you Mr. Russell
Craig, as the person who manages, operates, or controls Twin Oaks Bar& Restaurant. Note:
Please make checks payable to Catawba County. Moneys collected go to the Civil Penalty and
Forfeiture Fund and shall be provided to the State Public School Fund for allotment by the State
Board of Education to local schools.
Pursuant to the law, each day the violation continues is considered a separate and distinct
violation. This administrative penalty shall continue at a rate of$200 per day until:
1) you provide notice to the County Health Department that the violation(s)has been corrected,
2) you provide the Catawba County Health I)cpartment staff access to the establishment during
operating hours, and 3) the health department staff verifies that you are in compliance with the
law.
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You have the right to appeal this decision to the local board of health. To pursue a formal appeal,
you must give written notice of an appeal to the local health director WITHIN 30 DAYS OF
THE DATE OF THIS LETTER. The notice of appeal must be filed in accordance with
G.S.130A-24(b). Attached is a copy of G.S. 130A-24 governing the appeal procedures.
Administrative penalties shall continue to accrue each day that the violation continues during the
appeal.
Enclosed is basic information about provisions of the laws and a Business Guide with a link to
the website www.smokefree.nc.gov, where you can find more detailed information on the law.
We are available to assist you in bringing your establishment into compliance with the law. If
you have any questions concerning the law or would like to receive additional information,
please visit www.smokefree.nc.gov, or call the local health department 828-465-8270.
Sincerely,
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Doug Urland, Owner/ ana er/r harge Si r•re
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Health Director Catawba County Public Health
Encl.: (Enclose copy of Business Guide)
(Copy of G.S. 130A-24)
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