The URL can be used to link to this page

Home My WebLink AboutBUSINESS PLAN~ ~-~..: ~i ,, a U O Uw l ~~ O~ ~ ~~ I ~~ U `~' /M~/~ ~--i F+M O i __-__-~ - . ~J ~ J ~~ "~"r a ~~~ ~. KERN COUNTY DEPARTMENT OF PUBLIC HEALTH Babatunde A. Jinadu, M.D., M.P.H. Director of Public Health Services Health Officer Health Promotion & Public Information 1800 Mount Vernon Avenue, 13` Floor Bakersfield, CA 93306-4198 Telephone * (661) 868-0327 FAX (661) 868-0263 * TTY Relay 1-800-735-2929 September 28, 2006 Steve Underwood Bakersfield City Fire Department 900 Truxtun Ave.-, Suite 210- Bakersfield, CA 93301 Dear Steve, The following business is being referred for a Labor Code 6404.5(b) complaint filed on April 11, 2006: Buckhorn Cocktails 1019 34t" Street Bakersfield, CA 93301 This referral is being made based on the following reason: X No response to Warning Notice of Complaint of Violation of Labor Code 6404.5(b) (Letter # 1) Second complaint within a year # complaint within a year Other: (result of telephone conversation, attempt at education) Enclosed are all the documents related to the above complaints. Should you need further information, please contact me at (661) 868-0327. Sorry for the delay. This was mistakenly referred to EHS. Tobacco Education Program Kern County Department of Public Health (661) 868-0327 r4 Address of Facility: (til`~ ?;,~ ~~'-`-~'~ , ~?~Y~~(~%I~S~k1C~'-~ f ~~:~ `i ~'Sc~: n'lailing Address (if different from above): Type of Business (check one): Bar/Restaurant ~ Bar Gaming Club Ot1~er Owner/Manager: _ Telephone Number: ` ~~ 1~ ,~ rG=~-- -- ~]`~'~ j ,.-- DatelTime of Incident: ~1'~•31~~ `~ ~; ~.~~.~'~t~ (a.m.) or'~ (p.m.) Description of Incident: ~`~ r~ ~'',, Ashtrays Present: Yes No "No Smoking" Signs Present: Yes No ~'~~, ~- Employees Smoking: Y"es (I~`o Customers Smoking: r Yes No VVas anyone asked to stop smoking: Yes fiio t n Comments: tom.-~-.-.: +t- ~`L, i~n_;z,;;~ ' ~ i ~G-..~~ ;~ ~-{° ~s'~, ~_ Did you discuss it with the owner/manager or employee? Yes If you discussed it, what ~~•as their response.' ,~ No ~, ~ Employee ~ n a Patron _ ~~~~~~--` ~''~`~ ~'"``'~~ Other Name (print) -------------------- :address-- ~~~~~ Date: ----- ~- - -t -- - -- -- -- ___ •telephone: -_---. _ _?~ fi-~-_-_ ____ . Name of Facility: ~ L' ~ lC •~ i; d~ iu t;.~ c_iC i7~)~ ~ ~ Complaint # :E KERN CO UNTY DEPARTMENT OF PUBLIC HEALTH Babatunde A. Jinadu, M.D., M.P.H. Director of Public Health Services Health Officer Health Promotion and Public Information 1800 Mt. Vernon Ave. Bakersfield, CA 93306 Phone*(805)868-0327 FAX (805) 868-0263 * TTY Relay 1-800-735-2929 April 11, 2006 Buckhorn Cocktails 1019 341' Street Bakersfield, CA 93301 RE: WARNING NOTICE OF COMPLAINT OF VIOLATION OF LABOR CODE 6404.5(b) Dear Business Owner: The Kern County Department of Public Health received a complaint on April 11, 2006 alleging that your facility allowed smoking in violation of Labor Code 6404.5(b) which concerns cigarette smoking in workplaces, including bars. The Tobacco Education Program responds to these complaints. In order to comply with the law, your bar must be smoke-free. You must also post "No Smoking" signs at each entrance to your facility. Communicate your smoke-free policy to your customers by removing ashtrays and informing them that you need their cooperation to protect you from legal action. This law helps you protect the health of your employees. Current statistics show that only 17% of Californians smoke. It is not good business to break the law and risk fines to cater to a few patrons at the expense of losing the business of 83% of the public. Breaking the law can result in heavy fines: $100 first offense, $200 second offense, and $500 third offense. Thereafter the matter will be referred to OSHA for fines up to $7,000 or $70,000 if willful non-compliance is exhibited! California law also prevents businesses from getting a competitive advantage over similar community businesses by breaking the law. Therefore, your business maybe subject to injunctive action by local authorities under the California Unfair Trade Practices Act (Section 17206 of the California Business and Professions Code), which could result in a civil penalty of $2,500. Pursuant to the Business and Professions Code, Section 17207, violations of that injunction could result in civil penalties of up to $6,000 per day. State environmental health laws prohibit smoking in kitchens and food preparation areas. Additionally, you may wish to consult your attorney to determine your business liability under state and federal laws which protect employees. Under the Americans with Disabilities Act, any member of the public may sue for $50,000 and $100,000 for the second violation, plus attorney's ~.. fees, if their health was damaged by involuntary smoke exposure in your place of business. Additionally, employees have filed under the Workman's Compensation law receiving judgements up to $85,000 for damage to their health from working in asmoke-filled environment. Failure to comply with State Labor Code 6404.5(b) protecting employees from involuntary smoking increases your legal liability under these other laws. This law has anon-retaliation clause, which legally prevents employers from retaliating against their employees for exercising their right to asmoke-free workplace. Kern County Department of Public Health is here to help in anyway that your business, employees, and patrons may possibly benefit from fully implementing Labor Code 6404.5(b). "No Smoking" signs in English and Spanish are available free of charge by calling the Tobacco Education Program. If you have any questions, please call the Tobacco Education Program at (661) 868-0327. You must provide a written response about your plans to comply with the law within ten (10) working days. If we do not hear from you within ten working days, we will refer the complaint directly to the appropriate local enforcement agency. Toba c Education Program Ke ~ ounty Department of Public Health Te ephone (661) 868-0327 Fax (661) 868-0263 Please respond by: APRIL 26, 2006 Enclosure: California Statewide Workplace Smoking Restrictions cc: Alcoholic Beverage Control (ABC) ~` KERN COUNTY DEPARTMENT OF PUBLIC HEALTH Babatunde A. Jinadu, M. D., M.P.H. Director of Public Health Services Health Officer Health Promotion & Public Information 1800 Mount Vernon Avenue Bakersfield, CA 93306-4198 Telephone * (661) 868-0327 FAX (661) 868-0263 * TTY Relay 1-800-735-2929 August 24, 2006 Susie Walsh Buckhorn Cocktails 1019 34`h Street Bakersfield, CA 93301 Attn: Ms. Susie Walsh Our office received a complaint that your business was in violation of California Smoke-free Workplace Law (Labor Code Section 6404.5(b)). Since it was the first complaint on file against your establishment this year, per our department policy, we simply mailed you an educational letter about the law that requested a response from your establishment within ten (10) working days. The response should have been received on or before April 26, 2006. Our records indicate that we did not receive a response from you. Our department policy is to refer Labor Code Section 6404.5(b) complaints to the appropriate enforcement agency after the second complaint within a year or if we do not receive a response from our letter within ten (10) working days. Your case has been referred to (Enforcement Agency Name), the enforcement agency for Labor Code 6404.5(b). Let me know if I can be of any assistance to you or your staff for educational purposes. Sincerely; ~~ r ,, i j'= r ! .~ r- Tobacco Education Program Kerri County Department of Public Health (661) 868-0327