Now Rosenberg, who prefers to be called Bubba, has become the first bar owner the San Diego City Attorney's Office has successfully prosecuted in connection with the smoking ban. He pleaded guilty to allowing an employee, Cairns, to smoke in his establishment. Deputy City Attorney Joan McNamara said that previously in San Diego only bar patrons who were smoking were cited. Rosenberg's case marks the first time a bar owner in San Diego has been prosecuted because an employee was caught smoking. For months the San Diego police vice squad has conducted undercover visits to bars in search of smokers.
Detectives follow leads provided by the county health department.
When police spot smokers, they show their badges, ask the smokers to step outside and issue tickets. On July 1, undercover police officers caught bartender Cairns and three patrons smoking at Lancers. The City Attorney's Office prosecuted the case as a misdemeanor violation of the health code. This makes it easier to take bar owners to court. Previously, the office pursued these cases under the labor code.