Inspectors Turn up No Smoke

By Lookout Staff

Sept. 29 -- An undercover inspection last weekend turned up no smoking cigarettes at five popular Santa Monica nightspots, the City Attorney's Office announced Monday.

The inspection, conducted by non-attorneys from the office, was a periodic effort to enforce a state law that prohibits smoking at all indoor workplaces, including bars.

Violators can be fined $270 for allowing customers to smoke and are required to take reasonable steps to prevent smoking, said Adam Radinsky, a deputy city attorney in charge of the office's consumer division.

If there is a second violation, the amount of the fine doubles, Radinsky said. After a third conviction, the owner is subject to federal penalties in the tens of thousands of dollars and may face losing the business license.

Inspectors look for signs of smoking, including ashtrays, Radinsky said.

"We observe whether or not smoking is going on, and if there is smoking, they pay attention to steps the business is taking to stop the smokers," he said.

The five establishments visited by the inspectors were JP's Bar and Grill on Wilshire Boulevard, Gotham Hall on the Third Street Promenade, Lounge 217 on Broadway, and Shane Restaurant and Bar and the Circle Bar, both on Main Street.

In 1998, Santa Monica became the first city in California to aggressively enforce the smoking law in bars. The City Attorney's Office issued warnings to early violators, followed by criminal prosecutions if the problem persisted. The City Attorney's Office now conducts periodic undercover investigations and prosecutes those businesses found to allow smoking.