Three years after the state banned smoking in bars, customers are still lighting up -- and paying the price.

In the past two weeks, Stanislaus County's Environmental Resources Department has issued 11 citations for smoking in bars, two at businesses where customers have been ticketed in the past.

While those who enforce the law say the citations discourage many people from lighting up in bars, some smokers say they will continue to flout the law -- despite fines that range from $100 to $500, plus court costs.

"I've never been fined, but if I was I wouldn't stop smoking," said Kevin Fish, who frequents the Spinnaker Lounge in Modesto, one of the bars where customers were cited. "It's worth it to me."

The 10 customers cited were patronizing three bars -- Donoby's, the Spinnaker Lounge and the White Elephant Lounge -- all in Modesto. Patrons at the Spinnaker and Donoby's have been cited in the past.

The owner of one bar, Empire's Santa Fe Station, also was cited. It was the first time a bar owner had been ticketed.

Owners and customers can be penalized under the law, which went into effect in 1998 but was not enforced in Stanislaus County until 1999. Enforcement was delayed here, as it was in many counties, while officials struggled to decide which department would be responsible for issuing citations.

Owners can be cited if they do not post no-smoking signs, if they do not remove ashtrays and if they do not ask customers not to smoke. Customers can be cited if they are caught smoking. Offenders can pay the fines or fight them in court.

The law was designed to protect bar employees from secondhand smoke.

The county's Health Services Agency takes complaints from bar employees and patrons, who often choose not to give their names.

Agency workers issue written warnings and make surprise visits to bars. If they catch customers smoking, they notify the county's Environmental Resources Department, whose employees make more surprise visits and, if necessary, issue citations.

First-time violators face $100 fines. Second citations carry $200 fines. Third citations carry $500 fines. Court costs of $170 are added to all of them.

The law does not require bar owners to throw smoking patrons out of establishments. It does not allow enforcing agencies to close bars.

So, does it work?

Denise Wood, a manager with the county's Environmental Resources Department, thinks it does.

"We understand that there are always a minor number of people who will be rogues," Wood said. "But there are also individuals who will be in the bar when we're writing up citations and who will think twice about lighting up."

Penalties appear to be working at many bars, Wood said. Last year -- one year after the county began enforcing the law -- 85 percent to 90 percent of the bars checked by county workers were complying with the smoking ban, she said.

The state Occupational Safety and Health Administration recently fined two bars in Shasta County $54,000 each for allowing customers to smoke, said Heather Gruenig-Duvall, a program manager with the Health Services Agency.

Reprinted by permission of Modesto Bee.