City says warnings over for violations.

HELENA - The city-county health department here is stepping up enforcement of the city's smoking ban, warning business owners they will no longer receive just warnings for violations, a health official said Tuesday.

"We are moving out of the education phase and into compliance," said Gail Beckner, a tobacco prevention specialist with the department.

Since the ordinance went into place earlier this summer, the city-county health department had been giving businesses that didn't comply two warnings before issuing fines.

However, Beckner said the department will now levy $100 fines for first violations.

"They were essentially getting two free warnings. Those warnings won't be occurring any more," Beckner said.

Beckner said the policy change follows complaints from citizens, local leaders and business owners who have been complying with the ordinance.

"It's not fair for the majority of businesses that are complying when a handful of businesses are ignoring the ordinance," Beckner said.

Helena voters approved the state's strictest smoking law in June. It prohibits smoking in any public building, including bars, restaurants and casinos. Opponents, including business owners, have sued to overturn the ordinance.

On Monday, opponents requested a court order that would stop enforcement of the ban while the suit is being decided.

The state Revenue Department, meanwhile, said it doesn't plan to take any action against businesses who violate the city's anti-smoking ordinance while the case is being challenged in court.

But nine Helena businesses have received letters from the department, outlining potential penalties they face if they don't follow state or local laws. Among the penalties is the revocation of liquor licenses, the agency said.

The Revenue Department told the businesses it had been informed by health officials that the smoking ban was not being enforced in their establishments.

"It's kind of a reminder letter that lets licensees know that one of the requirements of a license is full compliance with local and state law," said Neil Peterson, customer service administrator with the Department of Revenue. "We send these out as a matter of routine for a number of different things."

Peterson also said the Revenue Department could not take any action against a business without an investigation by Department of Justice agents.

Beckner said the health department has issued seven citations for violations of the ordinance, but said she couldn't release the names of all the recipients Tuesday because some had not been notified.

She said the Montana Nugget Casino and Steve V's Casino had previously been cited for violations.