Charleston, W.Va. (AP) -- A Kanawha County circuit judge has upheld the conviction of a Charleston bar owner on two misdemeanor charges of flouting the county's smoking ban.
Judge Charles King upheld a magistrate's February conviction of Blackhawk Saloon owner Kerry "Paco" Ellison.
King ruled that Ellison broke the law by distributing ashtrays and allowing patrons to smoke in the bar.
King's order was issued earlier this month and released by the Kanawha-Charleston Health Department on Monday.
The department wants the State Alcohol Beverage Control Administration to revoke Ellison's liquor license.
Ellison says he plans to appeal King's ruling to the State Supreme Court.
(Copyright 2009 by the Associated Press. All rights reserved.)
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