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CATAW A COUNTY
3070 11th Ave. Dr. SE -Hickory, NC 28602 - (828) 695-5801 -Fax (828) 695-4410 - TDD (828) 695-5155
1842 sm www.catawbacountync.p-ov/phealth/ Public Health
NC Smoke-free Restaurant and Bar Law
Second Notice of Complaint
Date: March 2, 2010
Dicks Cafe
Dick Hewitt
2207 N Main Ave
Newton, NC 28658
Dear Manager/Owner,
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. Catawba County Public Health has received a complaint of an alleged violation of the law at Dicks
Cafe, 2207 N Main Ave, Newton, NC 28658. 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): Reported on 2/20/2010: Smoking inside the
restaurant, ashtrays present, and person in charge of the establishment (1) had knowledge that someone
was smoking in the establishment in violation of the law, and (2) did not direct the person to extinguish
the cigarette.
This letter is not a notice of violation. Instead, we are taking this opportunity to provide you with
information to help you ensure that your establishment is in compliance with the new law. Violation(s) of
the law by the business has the following penalties:
First violation: the person in violation receives written notice of the person's first violation and
notification of action to be taken in the event of subsequent violations.
■ Second violation: the person in violation receives a written notice of the person's second violation
and notification of administrative penalties to be imposed for third and subsequent violations.
■ Third and subsequent violations: the person in violation receives an administrative penalty
of not more than two hundred dollars ($200.00). Each day on which a violation of this law or
rules occurs may be considered a separate and distinct violation.
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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. Additionally, to further assist
your establishment in complying with the NC Smoke-free Restaurants and Bars Law, a representative
from our local health department may follow-up with you to provide educational assistance. Please take
advantage of this opportunity to become more familiar with 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 Jennifer Shomaker, Tobacco Prevention Coordinator at 828.695.5843.
Sincerely,
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Douglas W. Urland, MPA
Health Director
Catawba County Public Health
Encl.: (Business Guide, No-smoking signs)
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"Keeping the Spirit Alive Since 1842!" "N~eo