There's a file at the Kanawha-Charleston Health Department marked "The Blitz."

Health inspectors planned to fan out across Kanawha County one night last month and check bars and gambling parlors for smoking violations.

However, "The Blitz" was called off. Someone had warned the bar owners about the expected sweep.

Gallery

[+] Enlarge

1 of 2 Photos

Chip Ellis

Smokers, such as John Jones, are being encouraged to light up at the Blackhawk Saloon in Charleston, in defiance of Kanawha County’s smoking ban.

More Photos »

In the two months since Kanawha County's expanded smoking ban took effect, complaints about bars violating the regulations are mounting, but inspectors are struggling to substantiate the claims.

Health Department records inspected by the Gazette show that the department issues a warning notice for less than one of every four complaints it receives about smoking infractions.

The Health Department fielded 65 complaints during the past two months, and handed out 14 warnings.

"We get three or four complaints on one place, but we go out there and don't find anything," said Anita Ray, the department's environmental director. "Either we're not catching them at the right time, or maybe it's just a bar owner with a grudge against a competitor, or maybe they're just trying to run us."

The Health Department has seven sanitarians responsible for inspecting Kanawha County's 150 bars and gambling parlors with video poker machines. The inspectors also check restaurants for food safety violations, and respond to complaints about environmental hazards.

There's no talk of increasing staff.

"Obviously, the Clean Indoor Air Act regulation is costing us time from our other programs, but this is now one of our regular programs," Ray said. "We have to inspect these places anyway, so we're going to look for evidence of smoking."

The Health Department has received as many as five complaints against a single bar for smoking violations.

Some complaints allege that bartenders are passing out plastic cups filled with water or wet paper towels that patrons use as makeshift ashtrays. They ditch the cups when someone they don't recognize enters the bar or gambling parlor.

Most complaints are made anonymously, and the Health Department, by law, must investigate them.

"We've been doing a lot of evening inspections," Isaac said. "We investigate every complaint."

When confronted by sanitarians, some bar owners often swear up and down that they don't allow smoking. One owner told inspectors that he has to physically remove customers who have tried to light up from his businesses, the complaint forms show.

Health inspectors don't always give up easily. One inspector searched a trash can and found cigarette butts. Another found an ashtray hidden behind the bar.

Not all bar owners try to duck the health inspectors.

There's a file at the Kanawha-Charleston Health Department marked "The Blitz."

Health inspectors planned to fan out across Kanawha County one night last month and check bars and gambling parlors for smoking violations.

However, "The Blitz" was called off. Someone had warned the bar owners about the expected sweep.

"When word gets out you're going to do a blitz, it kind of defeats your purpose," said health board President Brenda Isaac.

In the two months since Kanawha County's expanded smoking ban took effect, complaints about bars violating the regulations are mounting, but inspectors are struggling to substantiate the claims.

Health Department records inspected by the Gazette show that the department issues a warning notice for less than one of every four complaints it receives about smoking infractions.

The Health Department fielded 65 complaints during the past two months, and handed out 14 warnings.

"We get three or four complaints on one place, but we go out there and don't find anything," said Anita Ray, the department's environmental director. "Either we're not catching them at the right time, or maybe it's just a bar owner with a grudge against a competitor, or maybe they're just trying to run us."

The Health Department has seven sanitarians responsible for inspecting Kanawha County's 150 bars and gambling parlors with video poker machines. The inspectors also check restaurants for food safety violations, and respond to complaints about environmental hazards.

There's no talk of increasing staff.

"Obviously, the Clean Indoor Air Act regulation is costing us time from our other programs, but this is now one of our regular programs," Ray said. "We have to inspect these places anyway, so we're going to look for evidence of smoking."

The Health Department has received as many as five complaints against a single bar for smoking violations.

Some complaints allege that bartenders are passing out plastic cups filled with water or wet paper towels that patrons use as makeshift ashtrays. They ditch the cups when someone they don't recognize enters the bar or gambling parlor.

Most complaints are made anonymously, and the Health Department, by law, must investigate them.

"We've been doing a lot of evening inspections," Isaac said. "We investigate every complaint."

When confronted by sanitarians, some bar owners often swear up and down that they don't allow smoking. One owner told inspectors that he has to physically remove customers who have tried to light up from his businesses, the complaint forms show.

Health inspectors don't always give up easily. One inspector searched a trash can and found cigarette butts. Another found an ashtray hidden behind the bar.

Not all bar owners try to duck the health inspectors.

At Linda's Sports Bar in Sissonville, the owner said he's unable to stop his customers from smoking, according to the complaint report. The bar received a warning.

At the Blackhawk Saloon in Charleston, the bartender called bar owner, Kerry "Paco" Ellison, after a Health Department sanitarian paid a visit two weeks ago.

Ellison instructed the bartender to light up a cigarette, according to the inspection report. The sanitarian gave a warning notice to the bartender, who promptly tore it up at Ellison's request.

"We know Mr. Ellison is chomping at the bit to go to court," Ray said.

Ellison isn't the only one who's taking the offensive.

During an inspection of Café de Paris in downtown Charleston last month, a sanitarian snapped a photograph of a sign that greeted him at the door: "All health employees need to show ID before entering. Access or denial will be granted at management's discretion. A violation will be followed by a filed complaint in court."

Ray plans to ask the restaurant to remove the sign.

Bars caught violating the smoking ban receive a warning that says, "This is a warning. The next violation may result in legal action."

Inspectors also hand out placards that state, "No smoking by order of the Kanawha-Charleston Health Department." Bar and gambling parlors are told to post the signs at their front entrances.

The expanded smoking regulations prohibit smoking at bars, gambling parlors and the Tri-State Racetrack & Gaming Center.

Nonetheless, there's also been a rash of complaints against Kanawha County bingo parlors. Nonprofit bingo operations, however, are exempt from smoking regulations under state law. Those complaints were excluded from the Gazette's tally.

So far, not a single bar has been fined for violating the smoking ban.

Health Department officials were expected to meet with Kanawha County prosecutors last week to figure out how to enforce the smoking regulations. Bars that violate the ban face fines of $200 to $1,000 in Magistrate Court.

"We're taking this very seriously," Isaac said. "We want to make sure we're dotting all our I's and crossing all our T's. The people following the rules deserve to have us pursue this so everyone follows the rules."

Bar owners planned to meet at 2 p.m. today at the Pour House Sportsbar in Dunbar to develop a plan to fight the county's smoking ban.

"We never intended to take people to court in the first two months, even though we were giving out warning notices," Ray said. "Now, we're ready to do some enforcement."

Reach Eric Eyre at erice...@wvgazette.com or 348-4869.