Loading...
HomeMy WebLinkAboutHB 2 First Violation Warning Letter--bourbon s CATAWBA COUNTY 3070 11th Ave. Dr. SE - Hickory, NC 28602 - (828) 695-5801 - Fax (828) 695-4410 - TDD (828) 695-5155 Public Health www.catawbacountync.gov/phealth/ Warning Letter Notice of First Violation NC Smoke-free Restaurants and Bar Law Date August 3, 2010 Bourbon Street Club 903 SW Main Ave Hickory, NC 28602 Re: First notice of violation of the Act to Prohibit Smoking in Certain Public Places and Places of Employment Dear Owner/ Manager 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 this law at Bourbon Street Club, 903 SW Main Ave, Hickory, NC 28602. 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 alleged violation(s): Observed customers smoking on multiple visits to this bar. Homemade tin foil ashtrays were also present. Violation Value Smoking inside a restaurant or bar. Ashtray(s) or similar tobacco ash receptacle(s) are present. 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, cigar or other item. As a follow-up to the complaint, a representative of Catawba County Public Health conducted an unannounced on-site inspection on August 3, 2010. Operator disclosed ashtrays that were stored behind bar. This violates the law. "Keeping the Spirit Alive Since 1842!" The specific violation(s) are as follows: ___ ___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 Restaurants and Bars Law 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. This letter is the first notice of violation of the Act to Prohibit Smoking in Certain Public Places and Places of Employment in accordance with G.S. 130A-22(h1).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 forthird 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. 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 Jennifer Shomaker, Tobacco Prevention Coordinator at 828-695-5843. Sincerely, Douglas W. Urland, MPA Health Director Catawba County Public Health Encl.: (Business Guide, No Smoking Signs) "Keeping the Spirit Alive Since 1842!"