Director of Environmental Health at the health department, Brian Benick, said that after receiving a complaint of a smoking violation, he conducted an investigation at the Eagles. Upon entering the club, he said he noticed a very strong smell of smoke. Nate Overholt, who accompanied Benick on the inspection, testified that he found a beer can with cigarette ashes on it.Health board dismisses smoking violation fine
By R. Eric Burdette, News Staff Reporter
Thursday, April 24, 2008
MOUNT VERNON — The Knox County Board of Health held its monthly meeting on Wednesday evening. Some major items on the agenda were an administrative review of a fine due to violation of the smoking ban, solid waste nuisances and two residences possibly unfit for human habitation.
Representatives of the Fraternal Order of Eagles were present to appeal a fine that was issued by the Knox County Department of Health for smoking violations. Trustee Rick Burson spoke on behalf of the order. Assistant prosecutor Jennifer Springer was present at the hearing and advised Burson of the order’s rights to have an attorney present for the hearing.
Burson said that the Eagles were appealing the fine because they do not provide a smoking environment. Furthermore, he asked why the Eagles were fined when no individual was cited for violating the smoking ban. Director of Environmental Health at the health department, Brian Benick, said that after receiving a complaint of a smoking violation, he conducted an investigation at the Eagles. Upon entering the club, he said he noticed a very strong smell of smoke. Nate Overholt, who accompanied Benick on the inspection, testified that he found a beer can with cigarette ashes on it.
Burson said that his organization was upset because of the anonymous nature of the complaints and also that no physical evidence of smoking was collected at the club.
“Basically, we can be anonymously turned in, you don’t have to see anyone smoke, and you don’t have to have any evidence, but we’re guilty?” asked Burson. “Well, that’s the way the law is set up,” replied Benick.http://www.mountvernonnews.com/local/08/04/24/kno_health.html