3,300 complaints made in first year of Iowa's smoking ban

More than 3,300 complaints were lodged in the first year after Iowa banned smoking in most public places.

According to a report issued today by the Iowa Department of Public Health, about 1 percent of Iowa's 82,000 businesses received notices of potential violation since the Smokefree Air Act went into effect July 1, 2008.

The act prohibits smoking in nearly all public places, including restaurants and bars.

Exceptions including gaming floors of casinos and up to 20 percent of hotel rooms.

The report showed 2,100 of 3,318 complaints were validated and 1,417 notices of potential violation were sent to businesses.

Don McCormick, spokesman for the Iowa Department of Public Health, said not every complaint results in a notice.

For example, several people might complain about the same violation, which would result in only one letter to that business.

Businesses in Linn County, one of the most populated counties in Iowa, received the second highest number of notices, with 41. Polk County businesses had the most, with 222.

Johnson County businesses received 12.

But that translates into only .7 percent of Linn County businesses and .4 percent in Johnson County.

That compares to Lucas County, where 6.8 percent, or 13 businesses received notices and Monroe County, with 5.7 percent or 10 businesses. Both are in southern Iowa.

The majority of complaints - 61 percent or 1,302 - were lodged against bars and restaurants.

Twelve percent, or 242 complaints, were against retail stores or services, while 4 percent were for both private clubs and educational facilities.

Individual violators are subject to a fine of $50 for each violation.

Business owners, operators or managers are subject to a fine of up to $100 for a first offense, $200 for a second offense, and $500 for third and subsequent offenses within 12 months. Liquor licenses or other permits are also subject to suspension or revocation.

The process begins when the state health department receives a complaint from the public or report of an observed violation from a law enforcement officer or inspector. Complaints can be made anonymously.

Once a complaint is determined to be valid, the department sends a notice of potential violation letter to the business owner. The document is not a citation or fine.

Establishments are sent at least two notices with information about how to come into compliance with the law.

The department may then arrange for a compliance check to be conducted by a local law enforcement officer or state tobacco investigator.

To view the report, go to: www.iowasmokefreeair.gov.