Non Smoking Law In A Bar

[bandalawbil]

What is the name of your state (only U.S. law)?Illinios, A few weeks ago a guy came into my bar and asked the bartender her name and said he was from the Health Dept., he left and a few weeks later i recieved a certified letter telling me that i was being fined $250., just me not the bartender or the people that were supposed to be smoking in my bar at the time. Can they just fine me and nobody else? What type of an attorney do i look up to represent me as i am incorporated and on the back of the citation it says if you are incorporated you must have an attorney representing you? Thank you!

 

[davidmcbeth3]

The bartender is not a corporation .. the BT can represent him/herself personally.

 

[justalayman]

The bartender is not a corporation .. the BT can represent him/herself personally.

come on Dave. Do you even read the questions before you post an answer? The bartender did NOT get a citation.

bandalwbil: do you have a statute or ordinance number? It makes it much easier to try to determine what the law allows or requires rather than trying to wade through the states statutes and possible local ordinances.

 

[Mass_Shyster]

What is the name of your state (only U.S. law)?Illinios, A few weeks ago a guy came into my bar and asked the bartender her name and said he was from the Health Dept., he left and a few weeks later i recieved a certified letter telling me that i was being fined $250., just me not the bartender or the people that were supposed to be smoking in my bar at the time. Can they just fine me and nobody else? What type of an attorney do i look up to represent me as i am incorporated and on the back of the citation it says if you are incorporated you must have an attorney representing you? Thank you!

I doubt you will find an attorney to handle this for under $250. That's probably why the corp was fined and no indivdual.

 

[bandalawbil]

I would rather pay the attorney $250. than admit guilt and pay them $250. Second offense is $500. third and hereafter within a year is $2500. for each additional violation.
He did not take any names of any smokers at the time that i know of. Also the bartender has not recieved a citation either.
Smoking in a public place ,in violation of Section 15 of the Smoke Free Illinois Act
410 ILCS 82/45(b)

 

[justalayman]

(410 ILCS 82/45)
Sec. 45. Violations.
(a) A person, corporation, partnership, association or other entity who violates Section 15 of this Act shall be fined pursuant to this Section. Each day that a violation occurs is a separate violation.
(b) A person who smokes in an area where smoking is prohibited under Section 15 of this Act shall be fined in an amount that is $100 for a first offense and $250 for each subsequent offense. A person who owns, operates, or otherwise controls a public place or place of employment that violates Section 15 of this Act shall be fined (i) $250 for the first violation, (ii) $500 for the second violation within one year after the first violation, and (iii) $2,500 for each additional violation within one year after the first violation.

well, it appears they can fine you. I presume you fit within "a person that owns, operates, or otherwise controls..."

Not sure you will get any traction with the argument "but you didn't ticket the bartender and the patron (offender) and the statute clearly states "shall"". As with most situations, failure to cite others that are also violators generally is not a defense to your citation unless you can show some improper discrimination. It is likely the courts would simply say that the cite the person with the ultimate responsibility to control the situation.

as to needing a lawyer; if you were cited personally, I would think you could represent yourself. If the corporation was cited, then you would need a lawyer to represent the company.

Offhand, I don't see any defense on your part unless you want to argue that because of your absence, you did not have control and as such, are not liable for the violation. Of course, that would only be a possibility if it was you as a person cited and not the company. If you have rules in place against smoking and have the proper required signs posted, it might be worth a shot. That would mean that you took actions to enforce the rules and it was the bartender or manager on site at the time or even the corporation that should have been cited but not you.

 

[Betty]

In the county I live in here in Il. the owner of the bar can pay the $250.00 fine (that's for a 1st offense) or contest the citation by requesting an administrative hearing within 10 days with the regional office of the Il. Dept. of Public Health. It could be different elsewhere in Il. That was in our local paper.