Smoking law faces first test

Handing out Styrofoam or plastic cups as ashtrays doesn't give businesses a free pass to flout Nevada's smoking ban.

Instead, passing out such makeshift ashtrays to catch ashes falling from their customers' nicotine sticks can get businesses a warning. And for those who fail to comply afterward, a citation.

After five months educating Clark County businesses about the Nevada Clean Indoor Air Act, the Southern Nevada Health District will respond to more than 2,000 public complaints of violations by issuing its first citation next week.

One business will be dragged into civil court and faces a $100 fine.

Officials wouldn't give the name of the alleged culprit. But it is one of eight businesses that received letters from the Health District documenting their failure to comply and indicating they have been the subject of numerous public complaints.

The businesses were sent letters between April 6 and April 20 for failing to post no smoking signs or for not removing smoking paraphernalia such as ashtrays.

Though the law doesn't spell it out, Health District officials interpret paraphernalia to include improvised ashtrays. Some of the businesses were warned for providing customers with Styrofoam or plastic cups and condiment containers to use as ashtrays, Health District officials said.

To catch businesses in the act, inspectors visited unannounced and carried cameras.

Health District attorney Stephen Minagil said providing customers with makeshift ashtrays undermines the law.

The businesses were given opportunities to meet with Health District staff and rectify compliance issues, he said. Two businesses -- PT's Pub and the Lakes Lounge -- took officials up on the offer. Two more have meetings scheduled next week.

Others haven't been so receptive. Minagil said one business responded verbally to the letter in a way that "was inviting us to sue them.''

"They have indicated to us that they will not comply with the act,'' Minagil told the Health District board during its regular meeting Thursday.

The Outside Inn on Jones Boulevard and the Copper Keg Lounge received warning letters.

Reached by phone Thursday, representatives of both establishments said they are now complying, though they're not happy with the result.

"I'm confused as to how they can say we're doing something wrong. I understand the intent of the law, but there is no section that says bars must enforce the law," said Scooter Johnson manager of the Outside Inn in Summerlin.

"When I think about what they are telling us, I have this analogy: It's like being pulled over by a police officer for driving 34 mph in a 35 mph zone," Johnson said. "I'm doing what the law says, but I still get pulled over anyway."

Also receiving warning letters from the Health District were Screwballs Lounge & Restaurant on Warm Springs Road; Town Center Lounge II on Cheyenne Avenue; Buffalo Wild Wings Grill & Bar on Horizon Ridge Parkway; Chicago Brewing Co. on Fort Apache Road and Bilbo's Bar and Grill on West Charleston Boulevard.

Chicago Brewing managers would not comment. Representatives of Buffalo Wild Wings, Bilbo's Bar and Grill, Screwballs Lounge and Town Center Lounge could not be reached for comment.

In January, tavern owners filed suit in Southern Nevada to get the law overturned. District Judge Douglas Herndon upheld the law but took out a criminal component, leaving the Health District with sole enforcement responsibilities.

Earlier this month, the Nevada Tavern Owners Association filed a notice of appeal on Herndon's order with the Nevada Supreme Court. The filing does not state the legal grounds for the challenge.

Passed by voters in November, the Nevada Clean Indoor Air Act prohibits smoking in nearly all public places in the state, including grocery stores, restaurants and bars that serve food. Casino floors, brothels and smoke parlors are exempt.

Smokers who violate the act also are subject to a $100 civil fine for each infraction. Those funds go to the state's Health Education Fund.

While Health District officials know the $100 fine is just a drop in the bucket for businesses, they hope a civil court judge also will order the establishment the Health District plans to cite next week to stop disobeying the law.

Violators will be cited into the civil court system.

"It is our hope that this won't be a regular activity,'' said Dr. Lawrence Sands, chief health officer.

Sands said the Health District also plans to post on its Web site in upcoming weeks information on violations of the Nevada Clean Indoor Act, including the names of businesses that have had complaints against them from the public and any letters sent to the establishments outlining violations.

The Web site will also include all lawsuits filed against businesses for violating the law as well as inspection reports.