City Council Beefs Up Smoking Enforcement Law for Taverns

More than a year after the state banned smoking in bars, the Los Angeles City Council adopted an enforcement program Friday to make sure smokers and tavern owners keep the air clear.

Bar owners will be required to post “no smoking” signs with a toll-free phone number that patrons can use to report violations. The number, (888) 333-0730, will connect callers to a new team of two fire inspectors assigned full time to respond to complaints and write citations.

“The intent is to put into place an effective enforcement effort,” said Councilwoman Laura Chick.

The program will be a deterrent, said Johanna Goldberg of the American Lung Assn.

“It’s a significant first step,” she said. “It’s going to be an improvement of the health more for the people who work in the bars and have to breathe the smoke for eight hours at a time.”

Word of the crackdown didn’t go over very well at Charlie O’s Saloon in Van Nuys, where owner Charlie Ottaviano said the smoking ban has been bad for business.

“It’s not helping. It cut my business tremendously,” Ottaviano said.

Asked what he thinks of having firefighters coming into his bar and the city holding tavern owners responsible for smoking patrons, Ottaviano said it’s just one more thing to worry about.

“I don’t like it,” he said.

Only one smoking case has resulted in conviction since the law took effect on Jan. 1, 1998. More than 750 people have called the city to report violations. The city attorney’s office has mailed more than 200 warning letters and issued four citations.

Senior Assistant City Atty. Tim McCosker said to prosecute, violations must be witnessed, in most cases by an inspector. Multiple complaints against bar owners can lead to a citation. Both bar owners and smoking patrons can be prosecuted under the ordinance. A first-time violation can be punished by a $100 fine.

Two inspectors and one clerk will form a unit to enforce the anti-smoking law. The Fire Department has been primarily responsible for inspecting bars where complaints are made, but Fire Inspector Martin Garza said the smoking violations are handled by inspectors who are also enforcing fire-safety rules, so enforcement of the smoking law has not been the top priority.

“We had a void where people didn’t know where to turn,” said Councilwoman Cindy Miscikowski. “When they asked proprietors to abide by the law, they were being shined on.”

Garza said it may take a month or more to put the program in place.

Ottaviano said, when people light up, there’s not much the bartender can do about it except tell them about the ban.

“You have a rough time stopping them,” he said.