Board of Health Fines Smokers

 In what may be the first case like it in the state, the Cayuga County Board of Health has fined three bar patrons for violating the state smoking ban. The three smokers were fined $100 each after they admitting during a June 2007 Cayuga County Health Department hearing that they were smoking in Costello’s bar in Auburn on May 3, 2007.

The three patrons testified for Costello’s owner who had been cited by the county for allowing smoking in the bar. Under oath they admitted they were smoking cigarettes in Costello’s and based on that testimony they were cited by the County Health Department for violating the state’s Clean Indoor Air Act.

This is the latest development in an extended battle the county has had with Costello’s owner. The bar has been fined by the County Board of Health and the bar was refused a food service permit. After the June 2007 hearing the Board imposed a $1000 fine and closed the bar for not having a food service permit. Costello’s owner subsequently applied for a food permit but the County Health Department would not accept the application or her fee payment. A state Supreme Court judge recently ordered the county to accept the permit application and ordered a further hearing for next month.