HomeMy WebLinkAboutWizard Saloon Smoking Violation 2nd Notice 03 14 14.ls.pdf Public
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Catawba County Public Health
www.catawbacountync.gov/environmentalhealth
Environmental Health
P.O. Box 389, 100-A South West Blvd., Newton, NC 28658
Phone (828) 465-8270. Fax (828) 465-8276
“Leading the Way to a Healthier Community”
Warning Letter
Notice of Second Violation
NC Smoke-free Restaurants and Bar Law
March 14, 2014
Wizard Saloon
651 21st St NE B
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 this law at
Wizard Saloon, 651 21st NE B in Hickory, NC 28601. 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):
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 March 14, 2014. The Inspection Found:
Patrons smoking and smoke in bar area.
The specific violation(s) are as follows:
___X___Smoking in enclosed areas of the restaurant, bar or lodging facility in which smoking is
prohibited
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“Leading the Way to a Healthier Community”
___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.
___ ___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 October 29, 2011 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 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 Catawba County Environmental Health at 828-465-8270.
Sincerely,
Douglas W. Urland, MPA
Health Director
Catawba County Public Health
Encl.: (Business Guide, No Smoking Signs)
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