Bar owner found in contempt

Judge: Frankie's smoking area is not private

By Keri Brenner | The Olympian • Published June 10, 2008

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"We are going to comply with the law," Newman of Olympia said after the ruling. "The county's own witness says the law is confusing."

Darrell Cochran, Thurston County senior environmental health specialist, testified that a hallway to Schnarrs' second floor was at least 25 feet from the first floor. However, Cochran said he had not measured any of the second-floor windows or air intake and exhaust units.

Cochran said he told Schnarrs to get a professional ventilation expert to take measurements on the intake and exhaust units, and to provide designs for the smoking room, but that Schnarrs had not done so.

"He (Schnarrs) provided some rough drawings but they were not to scale and I couldn't decide if they were OK or not," Cochran told Hicks.

If Schnarrs does not apply for the county's review process, Hicks said he will impose sanctions ranging from $100 to $2,000 a day for each day the smoking continues, he said.

No smoking will be allowed during the 10-day appeal period, Hicks added.

If the county rejects Schnarrs' plans, he could appeal to the Thurston County Commission, Hicks said.

It was not immediately clear whether Schnarrs would be in compliance with other provisions of the law, even if his indoor designated smoking area were designed correctly. According to Futterman, the law defines a "private workplace" as not being open to the public and not employing any workers.

Two county employees testified Monday that they were served by bartenders and servers at the "Friends of Frankie's" club. The servers appeared to be employees, but the workers told them they were "volunteers," the county employees said.

Art Starry, environmental health division director of the Thurston County Department of Public Health and Social Services, said he visited the second floor of the bar June 3. He was asked to pay the $1 and sign his name in a book, but was otherwise free to order drinks and smoke if he wished, he said.

Chris Hawkins, the county health department's Healthy Communities Coordinator, said he was told during a May 28 visit to wear a "stickie" badge after he paid his $1 to make sure the next bartender coming on shift knew he was a "day pass" member.

Neither Hawkins nor Starry said they were required to be a guest of a member or otherwise meet any special membership requirements. Also, neither man said he saw signs requiring a search warrant to come into the club.

According to Newman, they should have been warned after county code enforcement officer Dale Tahja was turned away May 13 by a sign saying he needed to have a warrant.

"I never said that the county had to have a search warrant," Hicks told Newman on Monday. "All I said was that if the county prosecutors wanted to file for a search warrant, that I would find probable cause to grant it."