Feb. 3, 2010
 
GIVE ME BACK MY LICENSE: Flamboyant Blackhawk Saloon Owner in Trouble with Liquor Commissioner
Restore Liquor License and He Will Be Good Boy
 
By Tony Rutherford
Huntingtonnews.net Reporter
 
Charleston, WV (HNN) – The days of “smokers welcome” at the Blackhawk Saloon appear numbered. In fact, the bar’s owner appears to be eating his bold defiant words as the virtual lone protester against the Kanawha County smoking ban.
 
An undercover West Virginia Alcohol Beverage Control Administration officer stopped by Friday, January 30. As they have for nearly two years, patrons and employees blew smoke in the face of the Kanawha-Charleston Health Department.
 
Kerry “Paco” Ellison had defied the law and challenged the $400 fine. He was convicted in February 2009 and was the first bar owner convicted for violating the indoor regulations. Cabell County has since adopted a similar rule.
 
Ellison received cheers and pats on the back at a public hearing in Huntington when he spoke of defying the Kanawha County ban.
 
Now, he can either let the people smoke but not serve beer or liquor, or, he can conform.
 
Since the smoking ban has public safety issues, the undercover agent charged him with criminal activity at the bar. Thus, smoking has placed Ellison’s liquor license in jeopardy.
 
During an interview in the Charleston Gazette, Ellison has said if the ABCC restores his license, he will “be a good boy.” That means customers will not be smoking at the bar.
 
He appears to be ready to eat his words. Following the December 29 hearing in Cabell County, Ellison told HNN health conscious people don’t go to bars.
 
“Bars are not where you go if you are health conscious ” Ellison declared to the delight of a majority of those in the room. “I keep hearing of employees, vendors, and inspectors that have to go in there.
 
Same thing in the [coal] mines; they don’t shut the mines down.
 
Observantly, Ellison stated, “the way there county to county ordinances are written up, the smokers are not the violators. I come in here and smoke a cigarette; I did not violate anything. The bar owner gets busted.”
 
Instead of banning cigarette smoking for health reasons , he suggested “outlawing hand shaking. It’s unsanitary and unhealthy and it directly spreads germs,” Ellison said subtlety referring to the repeated H1N1 campaign to wash your hands to stop the spread of the flu. “If you see me after the meeting, salute me, but don’t shake my hand.”
 
The defiant owner had stated, “We haven’t backed down, we’re still doing the same thing we have been doing all along. They have written me up close to thirty times. I was convicted on one charge, and last week, I went down [to the court]. I pled guilty to one and they dropped the other four. I have two convictions at $400 apiece.”
 
To read the December story, click: http://www.huntingtonnews.net/local/091229-rutherford-localsmokingban.html



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