Smoking Bar No Smoking Gun – Citation, $54,000 Penalty Dismissed

SAN DIEGO -- An administrative law judge (ALJ) has dismissed a citation for an alleged willful/serious violation against a Redding lounge for allowing patrons to smoke in defiance of the state workplace smoking ban.ALJ Manuel Melgoza said the Division of Occupational Safety and Health (DOSH) did not have the authority to directly enforce state Labor Code 6404.5 without first having issued a Special Order under 6305(b).The ALJ did uphold an alleged general violation and $250 penalty against the l