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WILMINGTON, NC (STARNEWSONLINE.COM) — When is a wall not a wall?

That was the main issue Wednesday when Battleground Restaurant Group Inc. appealed $1,200 in fines levied against it by the New Hanover County Health Department for violations of the state law that prohibits smoking in a restaurant.

Greensboro-based Battleground opened one of its new Kickback Jack’s restaurants in January in the location of the former Rockola Grille – also a Battleground restaurant – at 418 South College Road.

As part of the restaurant design, the company included a smoking area on the south end of the restaurant, separated from the main dining area by a wall.

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