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HomeMy WebLinkAboutCASE-2-11-2476.TIF 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 Twin Oaks Bar and Grill Attn: Russell Craig 5242 Slanting Bridge Rd Denver NC, 28037 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 Twin Law. Catawba County Public Health has received a complaint of an alleged violation of this law at Oaks Bar and 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 alleged violation(s): Violation Value Person in charge had knowledge that someone was smoking in violation of the law AND did not direct the person to comply Smoking inside a restaurant or bar. Complaint Comment: Caller stated that both employees and customers continue to smoke on a daily basis at the Twin Oaks Bar and Grill As a follow-up to the complaint, a representative of Catawba County Public Health conducted an February 16, 2011. EHS witnessed patron smoking at bar. unannounced on-site inspection on 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 "Keeping the Spirit Alive Since 1842!" ___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. 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) ____________________________________________02-16-11___________ Responsible Party Signature Date "Keeping the Spirit Alive Since 1842!"