LAKEWOOD, Colo.—State gambling regulators are at a loss about what to do with a Black Hawk casino that claims it’s exempt from the statewide smoking ban.
The Colorado Limited Gaming Control Commission said Thursday it wants to hear from its attorney on whether it has any authority to enforce the smoking ban, and whether the Wild Card Casino is violating the law.
The casino claims it qualifies as a cigar bar, making it exempt from the smoking ban.
Critics claim the casino is exploiting a legal loophole. They told commissioners they have the power enforce the ban and should revoke or suspend the casino’s gaming license.
“We’re not sure why this has continued to go on,” said Stephanie Steinberg of Smoke-Free Gaming of Colorado. “It’s your duty and responsibility to enforce this law.”
Ed Smith, owner of the Wild Card Casino, did not immediately return a telephone message.
Colorado’s casinos, which are limited to Central City, Cripple Creek and Black Hawk, were initially exempt from the statewide smoking ban when it took effect in 2006. But on Jan. 1, the ban was expanded to include them.
Steinberg said the Wild Card is the only casino that continues to allow smoking.
The smoking ban includes a few exemptions, including one for cigar bars. To qualify, 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 cigar-bar clause was meant to include about a half-dozen businesses that sold cigars, but other bars and strip clubs have claimed the status to allow smoking, leaving state regulators and law enforcement officials in a haze about how to regulate the ban.
“Clearly this is more of an issue for local law enforcement,” said Commissioner James Alderden, who is also the Larimer County sheriff.
Steinberg responded that “that’s pretty much passing the buck to local law enforcement.”
Commissioner Meyer M. Saltzman said the board would need legal guidance.
“To me, it’s a question of the interpretation of the law passed by the Legislature,” he said.
Black Hawk City Attorney Corey Hoffmann said the law was ambiguous on the definition of a cigar bar. He said he doubted he could disprove Wild Card’s claim, so police have not cited the casino.
“We wouldn’t want police to write a ticket when we couldn’t prove our case,” Hoffmann said.
