Bilbo’s Bar, health district smoking fight heats up

Bilbo's Bar and Grill says it's done everything it can to comply with a court order that would discourage people from smoking inside the tavern. It removed its signature glass ashtrays and matches from its restaurant, as directed in June by District Judge Valerie Adair.

But people still smoke there. And the Southern Nevada Health District is still going after the owners, saying the business is in contempt of court.

The clash has also brought into the fray a company official who on July 13 lit up a cigar right in front of health inspectors who were inside the West Charleston Boulevard business to determine whether it was complying with Adair's ruling.

Court documents imply that Robert Peccole Jr., treasurer of Bent Barrel, which own's the tavern, may have felt Bilbo's was being singled out.

He "demanded to see a list of other establishments being surveyed, threatened to follow the health district representative to their next destination and stated his desire to be the first person sued civilly for smoking" in a restaurant, the health district said in a motion seeking contempt charges that will be heard next month.

Though other smokers were in Bilbo's with Peccole during the inspection, the health district only mentions him in its court filings.

"He is an officer of a corporation that is subject to a restraining order that his corporation has been told to do something or not to do something,'' health district attorney Stephen Minagil said. "They are openly flaunting and defying the court's order. Our follow-up action is against the corporation.''

The agency's motion, filed Aug. 3, asks a judge to order Bilbo's employees and representatives to restrain from smoking tobacco in areas of the restaurant where smoking is prohibited and to be "affirmatively ordered to verbally advise" restaurant patrons that they cannot smoke in the business.

The health district is seeking a $100 civil penalty against Peccole, whose father is an attorney for the tavern, and $200 against Bilbo's for failing to remove ashtrays.

The elder Peccole said the business is violating neither the law nor the terms of Adair's order. This is just an attempt on part of the health district to harass Bilbo's, he said.

Adair, he said, "was very specific in her order that we were to remove ashtrays and matches, and we did that in all Bilbo's restaurants. It is the health district that is actually violating her oral direction. She said our bartenders were not to be police officers, but that's what the health district wants us to do.''

Passed by voters in November, Question 5 prohibits smoking in nearly all public places in Nevada, including grocery stores, restaurants and bars that serve food. Businesses can be fined if they fail to post "No Smoking" signs or fail to remove ashtrays and other smoking paraphernalia.

The law does not require employees to "verbally" tell customers they can't smoke in a restaurant, the elder Peccole said.

In addition to Bilbo's, the health district has filed its second lawsuit against a local eatery for violating the smoking ban, but that case likely won't see the inside of a courtroom, health officials said.

The case was filed against Irene's Lounge, at 5480 W. Spring Mountain Road. Minagil said the two sides have been working with each other to resolve compliance issues.

According to court records, documents were filed June 8 against Eminence Enterprises, operators of Irene's Lounge. Just as it did with Bilbo's, the health district sought a preliminary injunction against Irene's to keep it from violating the act.

A letter was sent to Eminence Enterprises in early May suggesting that the business post 'No Smoking' signs and remove all ashtrays and smoking paraphernalia.

Health district officials later met with Irene's owners to discuss the violations.

"I thought we had come to an understanding,'' Minagil said about that meeting. "But we later saw some activity (at Irene's) that was counter to our understanding. The health district then filed the complaint against Irene's.

Irene's owners then alerted the health district that it had constructed a wall separating the nonsmoking dining area from the smoking area.

"When they did that and we saw the wall up, we assumed we would be able to resolve the lawsuit,'' Minagil said. "Then, before I could commit to dismissing the lawsuit, we sent inspectors back out.''

What inspectors found were employees taking food orders and bringing food to bar patrons, a violation. Minagil said even if a business has a wall separating the bar from the dining area, employees cannot serve food to bar customers.

If customers are hungry, they can get up from the bar, go to the restaurant area, order food and bring it back themselves to the bar.

Last week the health district met again with Irene's owners and its lawyers.

"Once again we have come to a meeting of the minds with Irene's,'' Minagil said. "Hopefully this will resolve the lawsuit.''