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HomeMy WebLinkAboutRandolphs 2nd Violation Warning 010352 04 03 12. LS.pdfNC Smoke-free Restaurants and Bar Law Notice of Second Violation Warning Letter 4/3/2012 Randolph’s 16 2nd St NW Hickory, NC 28601 Re: Second 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 the law at Randolph’s. 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): Smoking inside bar and restaurant area As a follow-up to the complaint, a representative of the local health department conducted an unannounced on-site inspection on (4/3/2012). Inspection found smoking around bar area and pool tables. Ash trays were out for customers. This violates the law. The specific violation(s) are as follows: ___X____ Smoking in enclosed areas of the restaurant, bar or lodging facility in which smoking is prohibited __ X____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. By letter of Feburary11, 2010, you were notified of the first violation of the law and the consequences of subsequent violations. This letter is the second 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(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 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. 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 Owner/Manager Signature & Date Health Director Catawba County Public Health Encl.: (Business Guide, No Smoking Signs)