AUBURN - In July, after a long battle with county officials, the owner of Costello's Restaurant in Auburn agreed to order her patrons to snuff their cigarettes in compliance with the Clean Indoor Air Act.

But Cayuga County officials reported Tuesday that on March 16 patrons allegedly smoked cigarettes in the restaurant, lighting up what may become round two of a battle with the restaurant.

During Tuesday's county Board of Health meeting, Eileen O'Connor, director of environmental health for Cayuga County, began discussing a recent investigation of the restaurant. County Attorney Fred Westphal motioned the meeting into executive session to discuss the investigation.

During executive session, committee members discussed the allegation that people were seen smoking inside the restaurant, Westphal said.

Restaurant owner Patty Glanville refused to comment on the allegation Tuesday afternoon.

“These activities may become a violation of Judge Fandrich's order,” Westphal said.

Cayuga County Surrogate Judge Mark Fandrich in June allowed Glanville to keep the establishment open after paying a $1,000 fine, taking down signs stating that smoking was allowed and applying for a food service permit.

Westphal will first contact Fandrich before deciding further action.

Westphal said he has not been in touch with Glanville.

Prior to Fandrich's order, Glanville refused to obtain a food service permit because she said she didn't serve food.

The county originally tried to shut down the Aurelius Avenue bar because Glanville didn't have a food service permit and allowed customers to smoke cigarettes inside.

Staff writer Kristina Martino can be reached at 253-5311 ext. 238 or kristina.martino@lee.net