DES MOINES - Fro's Pub 'n Grub in Wilton could lose its liquor license for allegedly failing to comply with the state's public smoking ban after the Iowa Attorney General's office filed a complaint against the establishment Thursday.

The complaint claims that the Iowa Department of Public Health received five public complaints from July 1 to August 4 that Fro's allowed smoking at the establishment. The department issued two notices of potential violation to inform the establishment of the violations and its obligations under the law, according to the complaint.

The complaint also alleges that a Muscatine Police officer observed individuals openly smoking inside the premises and the presence of ashtrays on July 3. The ban took effect on July 1.

The Iowa Alcoholic Beverages Division has set a hearing for Oct. 15 in Ankeny to review the complaint.

Fro's Pub 'n Grub owner Brian Froehlich said he allowed smoking in his bar until about a week ago when he began complying with the ban.

Froehlich said the loss of his liquor license would force him to close the establishment.

"If I lost my liquor license, they'd put me out on the street, and my family out on the street, with nothing," he said. "That's all we've got is that bar."

Froehlich is among several plaintiffs seeking to overturn the smoking ban on the grounds that it places unconstitutional burdens on business owners.

He wasn't sure how the complaint would affect the suit.

A Polk County District Court judge denied the plaintiffs' request for a temporary injunction on the ban in August.

Fred Love can be reached at (515) 243-0138 or fred.love@lee.net.