Senators rejected an attempt Tuesday to outlaw some cigar bars.
It was the second time in a week the body refused to remove from the statewide smoking ban an exemption that was carved out for bars with high tobacco sales.
Sen. Betty Boyd, D-Lakewood, sponsored the bill, noting that a judge in Adams County recently ruled the indoor smoking ban that took effect last July was unconstitutional because it unfairly singled out certain establishments.
The exemption has created an unintended loophole where any bar that claims to make more than 5 percent of its sales from tobacco can say it is a cigar bar.
Authorities say there is no legal criteria for verifying a bar’s books.
The latest version of Boyd’s proposal attempted to narrow the exemption to true cigar bars, saying that 5 percent of sales would have to be from cigar sales or humidor rentals, not tobacco in general.
Opponents criticized the bill as an intrusion on businesses and on adults capable of making their own decision about whether to patronize smoking establishments.
“I continue to think this is an awful bill,” said Sen. Steve Ward, R-Littleton. “Can you give us an idea what businesses we are going to target next so we can give them a warning before we shut them down?”
Senate Majority Leader Ken Gordon of Denver responded that “tobacco causes cancer. Most businesses don’t.”
Capitol bureau chief Jeri Clausing can be reached at 303-954-1555 or jclausing@denverpost.com.
