Sept. 6, 2007
AUBURN — The Cayuga County Board of Well being fined Costello’s bar $1,000 for smoking regulation violations and refused renewal of its meals allow Wednesday.
The unanimous determination was primarily based on the advice of listening to officer John Tonzi regardless of requests by proprietor Patty Glanville’s lawyer to additional overview the case.
“The motion that he took was very drastic — to order this institution that has been open for many years or generations or each to shut,” Utica lawyer Kenneth Ray mentioned. “It is one thing I believe all of you want to be certain all of the I’s are dotted and T’s are crossed.
“With out wanting on the proof and testimony, is that this board ready to decide?” he mentioned.
Ray argued the thick transcripts from hearings performed in June would reveal Costello’s could not fall underneath the board’s jurisdiction as a result of meals just isn’t ready there, that individuals who smoked within the bar had been warned not to take action and that Glanville is simply required to request smoking patrons snuff their butts, not comply with up.
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County Legal professional Fred Westphal countered that the jurisdiction is evident and Glanville knew what she was doing when she requested patrons to stick to the Clear Indoor Air Act with a “wink and a nod.”
“It seems the one option to get Mrs. Glanville to conform is to terminate the meals service allow,” he mentioned, noting Costello’s had come earlier than the board earlier than for smoking violations.
County well being officers noticed smoking within the bar on Might 3. Three individuals risked fines to testify that they continued to smoke after Glanville requested them to cease throughout June hearings.
On Wednesday, the board voted 7-0 to just accept Tonzi’s advice following an government session. Ray requested for a 60-day keep on the meals allow revocation to permit time for an attraction.
“I believe we should always proceed with what we have,” board member and county Legislator Ann Petrus, R-Brutus, mentioned.
Glanville, who was current, referred all remark to her lawyer.
“It is a actually unhappy factor that they made this determination with out studying the transcripts,” Ray mentioned. “To me it was a foregone conclusion.”
— Compiled by David Wilcox
