Smoking violators targeted

RENO -- Washoe County health officials say they're preparing to crack down on at least two businesses accused of being flagrant violators of the state's tough, new smoking ban.

County health officer Bob Sack declined to identify the businesses that might soon become the target of enforcement action, but said they have been issued formal warning notices.

"They're basically still allowing smoking in their facility," Sack told the Reno Gazette-Journal. "Really, I think they're trying to decide if they want to challenge the law.

"If they decide not to comply, we will have to move forward fairly quickly, within a couple of weeks," he added.

If health officials pursue a crackdown, they will meet with the district attorney's office to determine a precise course of action, Sack said.

The Nevada Clean Indoor Air Act took effect in December, one month after being approved by voters. It prohibits smoking in nearly all public places, including grocery stores, restaurants and bars that serve food. Casino floors are exempt.

Tavern owners lost a bid in January to have the measure declared unconstitutional. But Clark County District Judge Douglas Herndon struck down a criminal component, leaving health officials with civil enforcement responsibilities.

Earlier this month, the Nevada Tavern Owners Association filed a notice of appeal to the Nevada Supreme Court. The filing does not state legal grounds for the challenge.

Washoe officials said they're surprised at the county's high level of compliance with the new regulations, which they put at more than 90 percent. They have received about 200 complaints concerning violations around Reno since December.

Some businesses have complained as well, Sack said.

"We do get complaints, especially from smaller places, that they've lost business," Sack said. "There's been a lot of support from the public, obviously."

Around Las Vegas, officials have received about 2,000 complaints concerning violations and said the time to replace education with action has arrived. Eight businesses were sent warning letters earlier this month for failure to post no-smoking signs or to remove ashtrays.

Smokers who violate the regulations also are subject to a $100 civil fine.