CHARLESTON, W.Va. - A Charleston bar that openly defied Kanawha County's smoking ban until a fire forced it to shut down three weeks ago is reopening today.

But this time there's catch for Blackhawk Saloon customers who want to light up:  They'll be required to hand over a canned good, toy or dollar bill - items and money that the bar's owner promises to donate to charity.

"I'll trade an ashtray for a can of green beans," said Kerry "Paco" Ellison, who owns the Blackhawk. "That buys you the right to smoke. If you can afford to buy cigarettes, you can afford to give somebody a dollar."

Last month, the Kanawha-Charleston Health Department filed misdemeanor charges against the Blackhawk and five other bars and gambling parlors for smoking ban violations. Ellison's arraignment is set for Nov. 14 in Kanawha County Magistrate Court.

Ellison had repeatedly encouraged his patrons to light up in defiance of the county's 3-month-old smoking ban.

On Oct. 8, a small fire broke out in the bar, forcing customers to evacuate. Ellison blamed a faulty water heater for the blaze.

On Tuesday, Ellison estimated that he spent $10,000 to replace ceiling joists, electrical panels, walls and doors destroyed by the fire.

Ellison said the state Alcohol Beverage Control Administration and Health Department have approved the Blackhawk's reopening. Health officials asked Ellison to remove the large "Smokers' Welcome" sign outside the building, but he refused. 

Ellison said he decided to request donations in exchange for permission to smoke because he's risking his business and wants "something good to come out of it."

Ellison plans to ask customers to place donated food and children's toys in a large box at the bar. He promises to keep a log of names to track the $1 donations. Patrons must donate each night to earn the right to smoke, Ellison said.

The bar owner said he hasn't yet selected a charity.

Ellison acknowledged that the canned goods and toys would smell of cigarette smoke. That shouldn't be a problem, he said, because "90 percent of homes" that receive donated items are smoking households.

"Do you know any needy people who don't smoke?" Ellison asked. "They all smoke."

Ellison said he plans to host a Halloween party with live music - the band Hogan's Goat has been hired - at the Blackhawk Friday night.

Ellison may even put some flexibility into his new donations-for-smoking-rights promotion. "You bring me a nice canned ham," he said, "and I might let you smoke two or three days."

Reach Eric Eyre at erice...@wvgazette.com

or 348-4869.