Hudsonhubtimes.com - Legion Post fined for violating smoking ban

by Lauren Krupar

Associate Editor

Veterans organizations, taverns, auto shops and video stores are some of the 233 establishments in Cuyahoga, Portage and Summit counties warned by the Ohio Department of Health for violating the state's smoking ban.

In more than a year since the smoking ban began, the Ohio Department of Health has received more than 27,000 complaints statewide of violators. In Cuyahoga, Summit and Portage counties, those complaints resulted in 233 enforcement activities, including 24 first-level fines and three second-level fines from the state department of health.

Hudson's American Legion Post 464 is among area establishments fined by the Ohio Department of Health. It was assessed a first-level fine of $100 Dec. 10, 2007.

According to the state department of health, the complaint involved alleged smoking in a prohibited area and the presence of ashtrays.

The smoking ban started Dec. 7, 2006, after voters passed it a month earlier. The legislation bans smoking in all public places and businesses, including restaurants and bars.

The Acker Moore Memorial Post in Stow was assessed a first-level fine of $100 March 6. According to information from the state department of health, the complaint involved alleged smoking in a prohibited area and ashtrays.

Papous Tap and Grille and the Veterans of Foreign Wars Post 2629 in Aurora, and Scorchers Casual Eatery and Streets Tavern in Streetsboro all were assessed first-level fines of $100.

The complaint against Papous Tap and Grille involved alleged smoking in a prohibited area with a fine assessed Aug. 27. The complaint against the Veterans of Foreign Wars post, assessed Oct. 12, involved alleged smoking in a prohibited area and ashtrays.

The complaint against Scorchers, assessed Oct. 29, concerned alleged smoking in a prohibited area and ashtrays. The complaint against Streets Tavern, assessed Feb. 28, involved alleged smoking in a prohibited area, ashtrays present and inadequate signs posted.

Complaints included smoking in prohibited areas, infiltration of smoke, no or inadequate signs posted, ashtrays present and more.

After the state department of health receives a complaint, the department begins a 30-day inspection of the business. If the business is found in violation, the business has another 30 days to dispute the alleged violation.

First-time offenders are warned, with fines assessed for repeat offenders.

According to the state department of health, a business would receive at least $100 for the first fine, $500 for the second fine, $1,000 for the third fine and $2,500 for four or more fines. However, local health departments can double fines or assess daily fines to businesses found in repeated violation.

The majority of the enforcement activities was in the shape of a warning letter, according to statistics provided by the state department of health. The 27 fines the state department of health issued in the last 10 months only amounted to approximately 11 percent of the state's enforcement activities in Portage, Summit and Cuyahoga counties.

Statewide, the department of health has issued 18,009 warning letters.

"There's a lot of repeat offenders here," said Kristopher Weiss, a public information officer with the Ohio Department of Health. "Not all who have a complaint are in violation. Some of the complaints may be dismissed and some may be found not in violation."

With more than 280,000 businesses or public places the smoking ban applies to, Weiss said the number of complaints is relatively small -- approximately 9 percent.

E-mail: lkrupar@recordpub.com

Phone: 330-688-0088 ext. 3146