October 2, 2008
County bars could lose liquor license
ABCA warns it will enforce smoking ban
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CHARLESTON, W.Va. - State Alcohol Beverage Control Administration Commissioner Dallas Staples put Kanawha County bars and gambling parlors on notice Wednesday: They could lose their liquor licenses, if convicted of violating the county's expanded smoking ban.

Staples sent out letters to more than 180 bars and gambling parlors across the county.

The commissioner warned that the ABCA would take "immediate action" against private clubs and taverns that have their health permits suspended or fail to contest citations for smoking infractions. 

Staples threatened to revoke, suspend or put a bar's license on probation if the bar is convicted of violating the smoking ban, which took effect July 1. Bars also could face fines from the ABCA. 

"It has to go through due process," said ABCA spokesman Gig Robinson. "We're not going to take away someone's license simply because the Health Department wrote a citation."

Staples, a former Charleston police chief, was responding to a request from Kanawha County Commission President Kent Carper, who urged the ABCA earlier this week to help the Health Department enforce the smoking ban.

"This absolutely makes enforcement a reality," Carper said Wednesday. "The bar owners have thumbed their noses at local government long enough. It's about time this sideshow ends."

In his letter, Staples said he expects the Health Department to forward to his office the names of any bars cited, suspended and convicted of smoking ban violations.

Staples pledged that ABCA agents would notify the health agency if they find bar customers and employees smoking during inspections.

Last week, the Health Department filed misdemeanor charges against five bars and gambling parlors that allegedly violated the smoking regulations, the first enforcement actions the agency has taken.

Some bar owners have said they would continue to defy the smoking rules and encourage their customers to light up unless violating the ban jeopardized their liquor licenses.

Even so, Kerry "Paco" Ellison, who owns the Blackhawk Saloon in Charleston, said Staples' letter wouldn't persuade him to prohibit smoking in his bar.

"I think they're bluffing," Ellison said Wednesday. "We're going to continue to smoke here until they prove to me I can't. I'm going to stay right where I'm at until they take action."

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

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Posted By: Anonymous (4:10pm 10-04-2008)
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Take their license!
Take their license!
Take their license!
They must follow the regulations, enought said.

Posted By: Anonymous (11:25pm 10-03-2008)
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We can end the drama now if these addicted pathetic smokers would stop their childish whining. The ban is in place and it is here to stay. Step outside the bar to smoke your cigarette or the bar will be fined and eventually closed down. It's that simple. The rules have changed so either follow them or don't play the game.

Posted By: Anonymous (2:36pm 10-03-2008)
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To annonymous


Just go on ahead and believe that way at this time in america we are losing our rights and our freedoms to the politicians, greedy wall street billionaires. We are also losing what it means to be an american for it is time that we all stand up and fight this seed of corruption and greed. The resolve of the forefathers of this country has faded into a hodgepodge of tyranny and oppression based on the greed and corruption of the highest caliber and that it will ultimately destroy the civil and free nature of the republic for which they stood. Its a tragedy of unimaginable proportions and vows to destroy the sanctity of this once great and powerful nation.

Posted By: Anonymous (10:59am 10-03-2008)
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It's so funny when these people call each other Nazis, you people don't have a clue. I've been to Germany and Berlin and have seen the horror that Nazi Germany and the Berlin Wall did to those people there. And believe me I don't think anybody in this country would ever want to have to live that way. So you better think twice about who your accusing to be a Nazi.

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