September 6, 2007
AUBURN — The Cayuga County Health Board fined Costello’s bar $1,000 for violating smoking laws and denied it renewed its food permit on Wednesday.
The unanimous decision was based on the recommendations of hearing officer John Tonge, despite a request by owner Patty Glanville’s attorneys to consider the case further.
“The action he took was very drastic. With the dotted line, we want to make sure that T intersects.
“Without looking at the evidence and testimony, is this commission ready to make a decision?” he said.
Ray sniffs his butt rather than follow-up, arguing that thick transcripts of hearings conducted in June reveal that Costello may not be under the jurisdiction of the commission.
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County attorney Fred Westphal countered that jurisdiction was clear and Glanville knew what she was doing when she demanded patrons comply with the Clean Indoor Air Act with a “wink and nod.” Did.
“The only way to bring Mrs. Granville into submission is to revoke her food service license,” he said, noting that Costello had previously sat on the board for smoking violations.
County health officials observed him smoking in a bar on May 3. Three people testified at a hearing in June that they risked fines to continue smoking after Granville asked them to quit.
On Wednesday, the board voted 7-0 to accept Tonzi’s proposal after an executive session. Ray asked for a 60-day stay to revoke the food permit to allow time for the appeal.
“I think we should continue with what we have,” said board member and county assemblyman Ann Petras, R-Brutus.
Granville, who was present, referred all comments to her attorney.
“It’s really sad that we made this decision without reading the record,” Ray said. “For me, it was a foregone conclusion.”
— edited by David Wilcox