QUESTION: I was having lunch at the Shack in Hawaii Kai when a couple sat near us at the outside tables with a dog and began to smoke. I asked the server if she could ask them to stop smoking. She said that since it was outside, it was allowed. I told her that I am familiar with the law and that is not correct. I also pointed out that animals are not allowed in restaurants. I got nowhere and left. I've passed the restaurant a few times at different hours and found that dogs and smoking were still allowed there. Can something be done about these violations?

ANSWER: The state Department of Health said it would contact the Shack about both practices.

A manager told us they are “;definitely handling that situation”; with dogs, while smoking is “;usually not a big problem.”;

With dogs, he said, the problem is with frequent customers bringing in their pets, and “;I've already spoken to my regulars”; about not doing so anymore.

“;As far as the smoking goes, that's usually not a big problem,”; he said. “;We haven't had a whole lot of complaints about the smoking issue. ... Usually, we're good about keeping (smokers) out of the front area and outside of the 20-foot range from the door.”;

The Smoke-free Hawaii Law applies specifically to enclosed and partially enclosed areas and areas within 20 feet of all entrances, exits and air conditioning ducts, said Julian Lipsher, manager of the state Department of Health's Tobacco Prevention and Education Program.

The situation with the Shack “;is representative of the kind of issue we face, reminding businesses not so much that smoking in enclosed areas is not permitted, but that smoking within 20 feet of the door is a violation,”; he said.

Lipsher noted the Shack has seating outside the enclosed restaurant and not within any partially enclosed area.

However, the outside tables are within 20 feet of the door, “;and as such smoking is not permitted. This is a violation of the law.”;

He said the Health Department would send the Shack a letter notifying it of the violation and that the shopping center manager would speak to them as well.

In general, Lipsher noted that compliance with the no-smoking law “;for the most part (is) very high.”;

He said that once a business is notified of a violation, the “;situation is usually corrected without further incident.”;

Regarding dogs, “;service animals are allowed in dining areas; pets are not,”; said Sidney Doi, a Health Department Sanitation Branch program specialist.

He referred to Section 11-12-47 of the department's Hawaii Administrative Rules, which says, in part, “;Live animals, including birds and turtles, shall be excluded from within the establishment,”; with several exceptions.

The exceptions include “;patrol dogs accompanying security or police officers, and signal or service animals accompanying persons with disabilities,”; which would be allowed in dining, sales and office areas.

Doi said outdoor dining areas under the exclusive control of a food establishment are considered to be part of the establishment's premises, and therefore subject to the animal restrictions, whereas “;common areas”; generally are not.

“;Our records for the last several years don't reveal any complaints about the Shack Hawaii Kai allowing animals in the establishment,”; he said.