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Bar Owner Contests Smoking Ban Conviction

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Oct 11, 2008 3:24 pm US/Mountain

Bar Owner Contests Smoking Ban Conviction

COLORADO SPRINGS, Colo. (AP) ― A Colorado Springs bar owner found guilty of breaking the state smoking ban law is seeking a new trial, alleging jurors went to his business during deliberations to investigate.

Murray Street Darts bar owner Bruce Hicks plead guilty this week to violating the state's smoking band but it's a jury trial from last month that he's contesting. Hicks' attorney says two jurors went to his client's bar to see if he had a sign that advertised it as a "cigar bar." Judges forbid jurors from researching cases.

Hicks has maintained he is exempt from the ban because he qualifies for the "cigar bar" provision, meaning at least 5 percent or $50,000 of his revenue comes from the sale of tobacco products.

Hicks' attorney says the jurors reported back telling others there was no "cigar bar" sign.

Two other local bar owners also plead guilty this week to violating the ban. Each paid a $221 fine.

Hicks paid a $321 fine this week for the most recent case.

The ban took effect 2006.

(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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