The Commercial-News, Danville, IL

Local News

Discussion

July 18, 2008

Court clears 610 Tap owner of charge

Two more bars face smoking ban violations

BY JENNIFER BAILEY

DANVILLE — One of three bar owners who pleaded not guilty in April to smoking ban violations had the charge dropped after appearing in court on Friday.

The Vermilion County State’s Attorney’s office dropped the charge against M&K; Gritton Inc., represented by 610 Tap, 610 N. Vermilion St., owner Kathy Gritton, of allowing smoking in a public place and a place of employment where it is prohibited under state law.

Gritton appeared at a bench trial before Associate Judge James Borbely.

She faced a $250 fine for a first offense.

Assistant state’s attorney Ted Pasierb said Gritton is making “a good-faith effort to comply with the law.”

He said Kolby Riggle, director of environmental health at the Vermilion County Health Department, spent “very little time” in the bar and there was insufficient evidence that the bartender had a chance to notice someone smoking.

Pasierb said it appears Gritton was not knowingly trying to violate the law.

“She seems genuine in not allowing smoking,” he added.

If a bar owner is in good faith trying to comply with the law, he doesn’t see why they should be penalized.

“It didn’t look like she was intentionally allowing smoking to happen,” Pasierb said.

Steve Diveley, owner of the Halfway Inn, 1401 Warrington Ave., or an attorney on his behalf, did not appear in court on Friday on a violation of having ashtrays out in his establishment.

A warrant was issued.

Pasierb said this charge isn’t as easy to dismiss.

The ashtrays were not out for potato chips, he said.

The bench trial for Julia Gay, owner of Julee’s Shooting Star in Westville, was pushed back to Aug. 22 for health reasons, according to Riggle.

The Vermilion County Health Department ticketed her also for allowing smoking in her bar against state law.

The three bar owners had pleaded not guilty in connection with alleged smoking ban violations, causing the bench trials.

Gay previously said making sure underage drinking is not happening is more important to her than monitoring those smoking.

Riggle said he wasn’t really surprised the charge against M&K; Gritton Inc. was dropped.

“There are some problems with (the smoking ban act) as far as enforcement,” Riggle said.

He said the case wasn’t strong enough.

Riggle visited four taverns on March 11 after receiving multiple citizen complaints about them.

Riggle cited three, but in the fourth instance, there was only one patron inside and he didn’t see anyone smoking or any violations.

He said the department has “a number of cases” to investigate, but he wanted to see what happens with these first court cases and if the state law changes.

Since Jan. 1, the health department has received more than 40 complaints passed down through the Illinois Department of Public Health received through the state hotline or Internet.

Jan. 1 marked the start of the Smoke-Free Illinois Act, a statewide smoking ban in public places and within 15 feet of building’s entrances.

Text Only
Local News
  • Tropical Storm Beryl strengthens, nears U.S. coast

    Tropical Storm Beryl was wrecking some Memorial Day weekend plans on Sunday, causing shoreline campers to pack up and head inland and leading to the cancellation of some events as the storm approached the southeastern U.S.

    May 27, 2012

  • CASA seeks volunteers

    May 27, 2012

  • Classes transition online

    May 27, 2012

  • AmyandRomanSchweizer1.jpg Dad welcomes baby — while a world away

    Like most fathers, Brandun Schweizer wanted to witness his first child’s birth. There was just one problem, however — he was thousands of miles away in Afghanistan.

    May 27, 2012 2 Photos

  • Veterans ask people to pause

    Although the Memorial Day weekend is a time for picnics and pool parties, veterans’ groups hope people pause to remember those who gave their lives in the line of duty, as well as others who have died.

    May 27, 2012

  • Martha Stewart learns family’s roots

    Television viewers have been treated to two series lately dealing with genealogy.

    May 27, 2012

  • Haiti touches her heart Haiti touches her heart

    Janis Ostiguy of Danville experiences many emotions each time she visits Haiti — sadness at the poverty, happiness with the children, warmth for the people and their spirit.

    May 27, 2012 3 Photos

  • Turtles return to race

    Collected turtles are being fed fruits, meat and vegetables and will be ready to go for the 48th Annual Turtle Races.

    May 27, 2012

  • Hiker’s heart is in America's Highlands

    Robert Burns, the immortal Scottish poet, once wrote, “My heart’s in the Highlands, my heart is not here; my heart’s in the Highlands, a’chasing the wild deer; a’chasing the wild deer, and following the roe; my heart’s in the Highlands, wherever I go.”

    May 27, 2012

  • Posters recall Cannon’s 1880 opponent Posters recall Cannon’s 1880 opponent

    In 1980, John Mendenhall found three 1880 J. R. Scott campaign posters in a home he was restoring.

    May 27, 2012 1 Photo