The Tropicana has been cited, again, for allegedly violating the Ohio County smoking ban - but Jeannette Wakim says she shouldn't be held responsible.

The Wheeling-Ohio County Health Department filed a criminal complaint June 13 against the Wheeling Island bar, alleging it violated the smoking ban on May 27 by having ''extra items'' inside its video gambling room.

In the complaint, the bar's owner is listed as Jeannette Wakim. However, her attorney, Paul Harris, said Wakim did not own the bar at the time of the alleged violation and filing of the criminal complaint. Wakim noted she sold the bar sometime last spring, either in March or April.

Wakim said the new owner is Milinda Moneypenny. Moneypenny and her husband, Michael Moneypenny, said that they are the new owners.

''Jeannette sold her shares of stock ... and (husband Chris Wakim) had the building sold before the criminal complaint was filed,'' Harris said. ''The health department is out of control. Everyone knows that, and this is one more example.''

Health department Administrator Howard Gamble said at the time of the inspection and complaint, however, Wakim's Foundation Corp. was still listed as the food permit holder for the bar. The corporation at the time also still was listed as the state Alcohol Beverage Control Commission permit owner, he said. Health department food permits are non-transferable, Gamble noted.

Gamble said if someone else now owns and is operating the bar, they are doing so illegally because no one has come to the health department for a new food permit, which is required by law.

''At the pretrial hearing, it was never revealed to us that they no longer owned the business,'' Gamble said.

During inspections, the bar owner is not required to be in attendance, he added.

After checking the latest online records available, Gamble said Monday that it appeared the Wakims still own the Tropicana business. He cited the West Virginia Secretary of State's Web site as an example of records that state the Foundation Corp., under Jeannette Wakim, still is listed as owner of the Tropicana. The state's Alcohol Beverage Control Commission also still lists Foundation Corp. under Jeannette Wakim as the owner, he added. However, Gamble said he could not reach an official with either office to confirm that the Web sites' information was up to date.

The health department has filed the same type of complaint against the Tropicana in the past. Eventually, after some appeals, a judge ruled in the health department's favor, he noted.

''Our goal is to put an end to the issue. ... It's been going on too long,'' Gamble said.

According to the current complaint, during an inspection sanitarians observed a pool table, bowling machine, dart machine, video game, jukebox and TV in the video gambling room.

Michael Moneypenny said Monday that he aims to comply with the health department's smoking regulations, including changing his gambling room to suit the department's rules.

Meanwhile, Harris claimed the current complaint was ''politically motivated'' by Health Officer Dr. William Mercer, as Chris Wakim was seeking to unseat Delegate Jack Yost, D-Brooke, from the 1st Senate District during Tuesday's general election. Yost won re-election.

Mercer said the complaint was not motivated by politics and that he is allowed to support any candidate for political office that he chooses.

In another case, the health department is alleging a downtown Wheeling bar has allowed its patrons to smoke there - a violation of the department's smoking ban, or Clean Indoor Air Act. A criminal complaint was filed Oct. 24 in magistrate court against G&G Bar and Grill, 1429 Market St., owned by Greg George.

According to the complaint, health department sanitarians ''observed evidence of smoking within the room. Soda cans were being used as ashtrays, cigarettes were extinguished in the video lottery machine trays.''

George could not be reached for comment.