Cripple Creek laid down the law Wednesday, ticketing three casinos for breaking the state’s smoking ban.
After lawmakers and anti-smoking groups chastised the town for giving the casinos free rein, police gave $200 fines to Bronco Billy’s, the Double Eagle and Midnight Rose.
Managers at the casinos did not return phone calls.
The city told the casinos Monday it would no longer enforce the smoking ban because its police force lacked manpower.
“It wasn’t that we were not going to enforce it — we didn’t think it was our job to enforce it,” said Cripple Creek Mayor Dan Baader. “We thought it would come from a higher force.”
Casinos have been defiant of the statewide smoking ban since Jan. 1, when their establishments were included. Colorado casinos saw a 10.7 percent revenue drop in the first four months of 2008, and they attribute the losses to the ban.
Baader said the three casinos in Cripple Creek claimed they were following the law by calling themselves “cigar bars.” Establishments that receive 5 percent or $50,000 of their gross revenue from tobacco sales are exempt from the ban because they are considered cigar bars.
The Wild Card Casino in Black Hawk considers itself a cigar bar and continues to allow smoking. Backers of the ban said the casino is breaking the law.
To be considered a “bar,” the establishment must primarily sell alcohol, said Stephanie Steinberg, chairwoman of Smoke Free Gaming of Colorado.
“They are primarily in the business of selling gambling — not alcohol,” she said. “So therefore, their claim of, ‘Oh, we sell tobacco,’ or, ‘Oh, we have humidors,’ is totally irrelevant.”
Stephen Cole, chief of police in Black Hawk, said the city attorney decided the casino met the requirements of a cigar bar.
State Sen. Ken Gordon said lawmakers might have to take “draconian” measures to make sure casinos observe the ban. But other than a few bad apples, the ban has been effective, he said.
Christopher Sanchez: 303-954-1698 or csanchez@denverpost.com
