ST. LOUIS • The city's most venerable private social organization, the Missouri Athletic Club, has refused to outlaw smoking in its downtown building, and has been cited by the city -- a move that could lead to the ultimate closure of the club.

City health director Pam Walker said she sent the notice of violation Tuesday and fined the club $100. If the club continues to allow smoking, the health department can issue two more fines, of up to $700 total, before declaring the club a public nuisance and shutting it down.

She said it is the first violation sent by the city to any establishment since the smoking ban took effect Jan. 2.

MAC President Chris Lawhorn declined to comment except to say, "Because we're a private club, we are addressing matters internally," he said. "And we intend to keep our matters private."

But Walker said club administration told one of her health inspectors Friday that club attorneys believe the club is private and therefore exempt from the city's ban.

"We find ourselves in a position of disagreeing with them," Walker said. "The ordinance says private clubs who do not have employees are exempt. Since they have employees, we do not feel we can exempt them."

"It is my hope that they will find it is in the best interest of their employees and members to comply."

The city first visited the club in January, after getting complaints.

A MAC manager admitted to a health inspector that the club was letting patrons smoke but claimed he couldn't change the situation without a decision by the board. Walker gave the club a month to comply.

But by late January, the MAC was still hosting cigar-puffing happy hours.

One Friday night last month, at least a half-dozen men stood around the club's first floor bar, tumblers in one hand, stogies in the other.

Updated at 11:20 a.m. to include Chris Lawhorn's comments and the violation notice.