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Smoking ban conviction against saloon upheld; bar 

A Kanawha County judge has upheld the conviction of a Charleston bar owner who previously was found guilty of violating the county's expanded smoking ban.

Circuit Judge Charles E. King ruled that Blackhawk Saloon owner Kerry "Paco" Ellison broke the law when he distributed ashtrays and allowed patrons to light up in his bar last year.

King also dismissed Ellison's claim that the Kanawha-Charleston Health Department discriminated against his bar by punishing his business while refusing to investigate violations at competing establishments.

Ellison said Monday he would appeal King's decision.

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