Topeka (WIBW) - A man who's using creative means to get around Topeka's smoking ban was issued a citation Wednesday night.

Hot Pockets owner Jim Sulwaski says four Topeka Police officers came into his business just before 6:30 pm and cited him for violating the city's indoor smoking ban. He says he was standing behind the counter of the smoke shop portion of his business at the time.

Sulwaski contends that while a portion of his business is a bar, a taped off area is a smoke shop and the ordinance has an exception for smoke shops.

Sulwaski smoked a cigarette while talking to 13 News about the situation Wednesday. He called the $50 citation "bogus" and says he will fight it.

Topeka's City Attorney issued an opinion in December that Sulwaski's actions violated the ban.