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October 13, 2009

Hoopeston bar first to get smoking fine

BY BRIAN L. HUCHEL

A Hoopeston bar has earned a less-than-respectable first in the state of Illinois.

The first judgment regarding a violation of the Smoke Free Illinois law was issued late last month against Deano’s On Main in Hoopeston, according to the Vermilion County Health Department. The decision upheld a $100 fine originally issued by the county health department for a violation earlier this year.

The fine goes against Deano’s co-owner Lori Dean and Bradley Homuth. They had asked for a hearing before the judge to contest the fine.

The hearing stemmed from a March 19 incident in which a health department representative walked into Deano’s to do a routine food inspection. Upon entering, he noted the smell of pipe smoke and saw the only customer in the business smoking a pipe.

The customer, who was facing the only employee there at the time, slipped the pipe into his pocket when the health department inspector identified himself.

It was noted that since the law went into effect in January 20078, several complaints had been filed against Deano’s, with warning letters sent to the co-owners as a result. Dean alleged during the hearing that the smoking complaints were the result of jealousy by a neighboring bar owner because of Deano’s business.

The administrative law judge, in his decision, upheld the $100 fine — which is split between the co-owners. He indicated in records that Dean and Homuth did not reasonably assure there was not smoking in the establishment.

Assistant State’s Attorney Bill Donahue said as part of the hearing process, the administrative law judge’s verdict is turned over to the director of the Illinois Department of Public Health who will either adopt or deny the verdict.

In a second case, an administrative law judge found the Georgetown bar Under Caution, owned by Dawn White, was not in violation of the Smoke Free Illinois law. He pointed out the bar was busy with as many as 20 people at the time and the smell of smoke from two people smoking cigarettes was not discernible from more than two feet away.

Vermilion County Health Department Administrator Steve Laker said the hope is the judgment is the first of many as the county starts to “ramp up efforts to ensure compliance” with the state smoking law.

He said establishments that have already received warnings will face random visits in the future.

Owners cited under the law will not be able to renew food service permits unless the smoking fine is paid.

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