Stanislaus County Health Services Agency
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  Two Merced Bars Fined For Smoking Violations
   
 
   
  By MIKE CONWAY
BEE STAFF WRITER
(Published: Thursday, July 12, 2001)

MERCED -- Two bars here have been fined $1,000 each for letting patrons smoke inside, and the bars could face additional fines of $11,000 for future violations, officials said Tuesday.

The V Street Kan-O-Lever at 1603 V St. and the Sir James Lounge, 1111 Motel Drive, were fined for violating the state Labor Code and the state Business and Professions Code.

The Merced County Division of Environmental Health pressed the charges in Superior Court.

Bars have been cited in Stanislaus County, but none has been fined as much as those in Merced, officials said.

"This is the first time (in Merced County) where enforcement action has actually resulted in fines or penalties," said Jeff Palsgaard, the division's director. Both bars had multiple citations.

The court fined each Merced bar $5,000, plus an additional $7,000 in potential penalties. However, the court allowed the owners to pay only $1,000 each, with the remainder suspended -- to be paid in the future if anyone is caught smoking in the bars again.

The Sir James was cited eight times and the Kan-O-Lever four times.

Sir James owner Niki Mussotto could not be reached for comment. Kan-O-Lever owner Mary Lewis was unavailable for comment, but bartender Dennis Trinidad said, "We don't smoke here anymore."

In Modesto, the Early Dawn restaurant has been honored for a $20,000 renovation it made to allow for outdoor smoking, said Mark Loeser. He is the project director for the Tobacco Education Program of the Stanislaus County Health Services Agency.

Loeser said when the law went into effect in 1998, 22 percent of the businesses in Stanislaus County were complying with it. A survey taken this year shows 60 percent compliance.

In Stanislaus County, complaints may be filed by calling 558-6053.

Reprinted by permission of Modesto Bee.

   
   
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