The '98 Hotel and Brian Santa have found themselves back in court fighting the city's smoking bylaw.

'The way I read it (the smoking bylaw), the city's trying to put us out of business,' '98 Hotel manager Barney Roberge told reporters outside the courtroom this morning after the case was adjourned for two weeks.

The '98 faced a charge of breaking the smoking bylaw that was dropped when city council opted to change the wording of the bylaw dealing with enforcement by business owners.

However, charges against individuals like Santa proceeded to court despite the change.

Two weeks ago, Santa, a former Saskatchewan resident now living in Whitehorse, was found guilty of breaking the bylaw for smoking in the hotel's bar.

Roberge, Santa and Pamela Mullin were in court this morning to face the latest charges.

The case was adjourned by Justice of the Peace Dean Cameron to give '98 Hotel owner Mel Stehelin, who is also a city councillor, time to return to Whitehorse and consult a lawyer before the case is heard.

After the adjournment, the three parties said they will plead not guilty.

The '98 is charged with breaking section four of the bylaw, which states: 'No proprietor shall permit a person to smoke in any building, place or premises referred to in this bylaw except as provided for in section 3.'

Section 3 is the portion of the bylaw Santa and Mullin are charged with breaking. That section states people can't smoke in a public place and lists 16 areas included.

All the charges date back to Feb. 14, the day after the bylaw amendments were passed.

Roberge argued that the charges stem from Mullin and Santa smoking in the hallway of the hotel, a place restricted to staff and those staying at the hotel. Mullin and Santa butted out before they went into the hotel's bar, they said.

'We weren't smoking in the bar,' said Mullin.

Section 3(3) of the bylaw states that: 'No person shall smoke: (3) in the common areas of a building, place or premises referred to in this bylaw, including, but not limited to amenity areas, elevators, escalators, foyers, hallways, inside stairways and washroom.'

However, the three say they will argue the case because the hallway of the hotel isn't open to the general public.

Santa said if this case is won, he will appeal the court's previous decision.

The case will be heard in bylaw court on March 21.

While the trio turned up at court this morning, another four individuals facing the same charge were found guilty because they didn't show up.

Jon Campbell, Sally Jim, Ben Peters and Nona Schramek were ordered to pay the $130-fine for breaking the bylaw. Those cases date back to Feb. 14 and Feb. 16.