"I'm not the smoking police," said Ellison who received citations in August and October from the health department for allowing his patrons to light up. It's something he hasn't been trying to hide. A large "Smokers Welcome" sign hangs on the side of his establishment.

The business owner represented himself during trial Wednesday and argued it is not his responsibility to make others comply with the regulations.

"I think as a whole if everyone would ignore it it would go away. It's not something that's ever going to be able to be enforced," he said. However, Magistrate Ward Harshbarger found Ellison guilty of both charges and fined him $400 plus court costs.

Health department officials hope the decision will help snuff out opposition to the ordinance.

"I believe once a conviction is well-known and it's not just us blowing smoke - pardon the expression - I think we'll get better compliance," said Director of Environmental Health for the Kanawha-Charleston Health Department.

Ellison plans to appeal the conviction to Kanawha County Circuit Court but has no intentions of kicking cigarette butts out of his bar.

"Smoke 'em if you got 'em," said Ellison.

County health officials say they will continue to cite Ellison if he does not comply with the smoking ban but they have no plans as of right now to revoke his health permit. The Alcohol Beverage Control Commission, meanwhile, is planning its own investigation and may take further action.