Cigar Weekly

Three casinos that allowed patrons to smoke despite a state ban on indoor smoking were issued citations Wednesday, two days after city officials said they didn't plan to actively enforce the law.

Mayor Dan Baader said he expected all three would challenge the citations on grounds that they qualify as cigar bars that are exempt from the ban.

Representatives of Bronco's Billy Casino, Midnight Rose Casino, and Double Eagle Hotel and Casino did not immediately return phone messages Wednesday.

City officials said Monday that they didn't have enough time or manpower to patrol casinos or make sure they complied with the smoking ban.

However, Police Chief Gary Hamilton was compelled to act Wednesday after other casinos that don't allow indoor smoking filed a complaint with him, Baader said. No smokers were ticketed. The police department referred questions to Baader.

There are 14 casinos in Cripple Creek.

Legislators passed an indoor smoking ban in 2006 that originally exempted casinos, along with cigar bars and smoking lounges at Denver International Airport. The ban was extended to casinos as of Jan. 1.

To qualify for an exemption as a cigar bar, a business must show that at least 5 percent or $50,000 of its revenue came from the sale of tobacco products and from renting onsite humidors to customers during the year ended Dec. 31, 2005.

The Colorado Division of Gaming is watching to see what the courts decide, spokesman Don Burmania said. "At this point, it is just a pending petty offense," he said. The division could investigate if casinos are found to have repeatedly violated the smoking ban.

Smoke-Free Gaming of Colorado said the casinos that were ticketed were exploiting a loophole in the law. That angered the 11 other casinos that have told smokers not to light up indoors, Baader said.

Baader said he wishes the casinos in town could have worked out the dispute themselves instead of complaining to the police chief.

"I wish it wouldn't have happened at all. The law is pretty clear. You're not supposed to be smoking in casinos. We all wish it hadn't been passed, but that's the law now," Baader said.