ELKO -- The Minnesota Department of Health is seeking a court order against a Scott County bar that allegedly has been exploiting a loophole in the state's smoking ban.

The health department wants the court to declare that the "theater nights" being held at the Bullseye Saloon in Elko violate the smoking ban. And it wants the court to order the saloon to comply with the law.

A hearing is set for April 30.

The state's Freedom to Breathe Act contains an exception for actors in theatrical performances. Several bars across the state have tried to take advantage of that. They declare that they're holding the atrical performances and that their patrons are actors and actresses and entitled to smoke.