A Columbus-based appeals court has upheld a penalty against a Moraine bar for violating Ohio’s Smoke Free Workplace Act.

The unanimous decision, announced Dec. 31, upheld the $2,500 fine against Ziggy’s Ritz, 5670 Springboro Pike. Though Montgomery County is part of the 2nd District Court of Appeals, this decision was handed down by the 10th District Court, as the fine was imposed by the Ohio Department of Health in Columbus.

In December 2009, Montgomery County officials received a complaint that people were smoking at Ziggy’s. Two investigators went into the bar and saw several patrons smoking in the bar, and ashtrays set up in various locations, according to the court’s decision.

The investigators stayed for 15 minutes and did not see any bar employee ask the patrons to stop smoking, the decision said.

The county fined the bar, owned by Enterman Enterprises LLC, $5,000, but Enterman requested an administrative review. At that hearing, Elizabeth Enterman testified that her bar has a no-smoking policy and has an area outside the bar for smokers. A bartender testified that she asked people that night to put out their cigarettes but they refused, the decision said.

The hearing examiner concluded that Ziggy’s had violated the ban by permitting smoking and allowing ashtrays. But the examiner found insufficient evidence to conclude that the violations were intentional and reduced the fine to $2,500. The department’s director upheld that amount, and so did the Franklin County Court of Common Pleas.

The appeals court overruled both of Ziggy’s assignments of error, finding that there was sufficient evidence to prove both that the bar permitted smoking and that it declined to remove the ashtrays. It also disagreed with Ziggy’s claim that the inspectors did not conduct interviews as required by law, stating that the investigators discussion with a bartender about the ashtrays was enough to constitute an interview.