Cigar Bar Casino Drives Smoking Nannies Apoplectic

Bronco Billy's Casino in Cripple Creek, mentioned in the Denver Post story from this earlier essay, turned itself into a cigar bar, so the casino can allow smoking again.

Bronco Billy's co-owner Marc Murphy designated a quarter of its floor space as a smoking section. He said he's tracked tobacco sales closely since 2005 to make sure they meet the cigar bar requirements - that 5 percent of sales or $50,000 annually come from tobacco sales.

He called another provision in the law, which says part of a cigar bar's proceeds come from the rental of space in a humidor, a "gray area." Bronco Billy's has a humidor, but it's a recent acquisition.

This is where things get sticky. The Cripple Creek police won't decide whether Bronco Billy's meets the criteria for a cigar bar. If the state wants to exempt cigar bars, the state should police the law, Cripple Creek Police Chief Gary Hamilton said.

"It's up to the state to make sure they are in compliance," he said. "I went down there personally and made sure the signs were the right size. I did not check any other compliance issues beyond that."

Not so fast, said Mark Couch, a spokesman for the state Department of Revenue, which includes liquor and tobacco enforcement.

"That's a local law enforcement issue," he said. "We don't enforce the Colorado Clean Indoor Air Act in restaurants, in bars, or in casinos."

Even though there is smoke, there is no fire. Bronco Billy’s co-owner Marc Murphy tried to follow the letter of the law. The local law enforcement agency believes the casino complies with the law. The state does not want to get involved in enforcing these laws. However, this live-and-let-live attitude does not sit well with anti-smoking zealots.

That drives Stephanie Steinberg, chairwoman of Smoke-Free Gaming of Colorado, nuts.

"This is scandalous. It's absolutely scandalous," she said. "It's truly a dereliction of duty when local law enforcement is turning their backs on enforcing state law."

[ Stephanie ] Steinberg hopes the 4th Judicial District Attorney's office will investigate. The district attorney's office usually waits for law enforcement, a victim or complaining witness to ask before investigating, Deputy District Attorney Lin Billings said.

"We don't as a practice initiate our own investigations," she said. "Nobody has contacted us to initiate an investigation."

How sad. The local law enforcement does not find enforcement to be a priority. The District Attorney will not investigate. What is an anti-smoking nanny like Stephanie Steinberg to do?

Luckily, Democrat State Representative Anne McGihon will try to help Nanny Steinberg.

State Rep. Anne McGihon, who sponsored both the 2006 Colorado Clean Indoor Air Act and the 2007 revision that removed the exemption for casinos, said that legislators had considered an amendment to give the Department of Revenue that authority, but that it never made it to a vote.

"I suspect that the manager of Revenue (Roxy Huber) is going to want to have a bill for her enforcement issues, and maybe we'll need to have a clarification issue again," she said. "For me, I really think they're all trying to draw loopholes in the law that are not there."

Apparently, Democrat Anne McGihon is upset that casinos can use the cigar-bar loophole in her nannyistic bill. Her suggestion to give enforcement provisions to the Department of Revenue seems like an attempt to create, literally, the smoking police. Why is the Democrat solution to regulatory problems always more regulations? Why not allow private businesses to determine their own smoking rules. The consumer makes a choice whether or not to go to a cigar bar. Why should the state intervene?

In any event, this may be a tempest in a teapot.  Will smokers attend this casino in droves?

Meanwhile, at Bronco Billy's, the smokers are laying their bets, but there hasn't been a stampede to come in and light up.

"I probably see a little bit of an increase in business," [ Marc ] Murphy said.

It will be interesting to see revenue figures in a few months to see how well the cigar bar casino is doing. Until then, expect more hysterical proclamations from the anti-smoking zealots and their Democrat allies in the state legislature.

by Civil Sense

Comments

[Allen]

Chairwoman of Smoke-Free Gaming of Colorado? I didn't know Smoke-Free Gaming of Colorado was anything more than a couple people making a fuss. They actually need that level of organization?

Well, I suppose if they're going to have the government regulate how I wipe my butt, they're probably that anal in their own lives too.