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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