The Board of Health is at the end of its rope with local car dealership Robertson's GMC, the owner of which has repeatedly violated state law prohibiting smoking in the workplace and now risks losing business permits if found to be in violation again.

The Board of Health has exhausted the number of fines it can administer under the Massachusetts Smoke-free Workplace law, which was enacted in 2004 and prohibits smoking in the workplace in an effort to protect employees and the public from second-hand smoke.

It is the first instance in the state that complaints of this nature have progressed to this level, said Bob Collett, director of the Cape Cod Regional Tobacco Control Program.

Howard Robertson, owner of Robertson's GMC on 2680 Cranberry Highway, received a warning in 2005 for the first violation of the law. In 2006, the dealership was found in violation the law again and fined $100. In 2009, two violations occurred, for which the fines were combined to $300.

After receiving several recent complaints that employees are still smoking inside Robertson's GMC, the Board of Health called Robertson to a public hearing on May 19.

Robertson said at the hearing that he hasn't received any recent complaints about smoking inside his buildings. "This is not rampant," he said. "I don't allow it."

But Board of Health members were visibly frustrated that the complaints are still coming in.

"This has been habitual," said Board of Health Chairman Guy Campinha.

Health Agent Robert Ethier said the employees who don't smoke feel that they have no rights. Collett mentioned that an employee who previously complained was subsequently fired, to which Robertson responded that he still employs that person's boyfriend.

The next step for the Board of Health would be to request that the Board of Selectmen revoke Robertson's business permits, which would prohibit the dealership from operating and put roughly 70 employees out of work.

Citing the employees who would be affected, the Board of Health decided to give Robertson one last chance.

"We didn't feel like, for us to devastate 70 families, that that was the right thing to do," Campinha said after the hearing.

The Board of Health is requiring that Robertson set up a meeting, run by Collett, to provide smoking education for all employees.

Robertson agreed, and vowed to get the situation under control. "We will turn this around," he said.

If another violation occurs, the Board of Health will take the steps necessary to revoke Robertson's business licenses.

"I think we're at the point where either you get forceful, or we do," said Board of Health Member Thomas Gleason.