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Smokers' last gasp?

Bills on track to end casino, other exemptions in ban

Published March 27, 2007 at midnight

A year from now, the smoking lounges at Denver International Airport might be the only public place in Colorado where smokers can light up.

Under two bills on track to become law, casino patrons would no longer be allowed to smoke, and neither could customers of cigar bars and certain taverns.

On Monday, the Senate gave final approval to House Bill 1269, which outlaws smoking at casinos in Black Hawk, Central City and Cripple Creek.

The Senate amended the bill to give the gaming operations a year before going smoke-free to allow owners to build outdoor patios and adjust their business plans.

A separate measure by Sen. Betty Boyd, D-Lakewood, will eliminate most other exemptions in the statewide smoking ban passed last year.

Casinos, the DIA smoking lounges and cigar bars were exempted from the 2007 ban, but a loophole in the cigar-bar exemption has allowed tavern owners with heavy cigarette sales also to avoid the ban.

Both bills must pass the House, but Democratic leaders said they have excellent chances.

"If we had a cleaner smoking ban bill in the first place, all this nonsense and challenges to the ban would have been over last year," Boyd said.

"By eliminating the last exemptions, everyone will be treated the same."

Casino owners and lobbyists could not be reached for comment Monday. But casino owners told a Senate committee this month that a smoking ban at casinos would cost the state up to $15 million in gaming tax revenue annually.

Boyd said her proposed bill, which still is being drafted, is intended as a companion to HB 1269. Under both proposals, all workplaces will be forced to come under the smoking ban by July 2008, except for DIA.

Because HB 1269 was amended, it has to go back to the House, but it is expected to pass there because the House had previously approved making casinos smoke-free.

Timeline

July 1, 2006 Colorado Clean Indoor Air Act bans smoking in all public places except casinos, the smoking lounges at Denver International Airport and so-called cigar bars which derive at least 5 percent of their revenue from tobacco sales.

Jan. 30 La Plata County judge rules a Durango bar can allow smoking because it derives 5 percent of revenue from tobacco.

Feb. 12, 2007 A bid to lift smoking ban in taverns is killed by Senate committee.

Feb. 22, 2007 House committee votes 8-3 for House Bill 1269, which would require Colorado's casinos to go smoke-free.

Feb. 28 Casino-smoking-ban bill approved by House 36-29 and heads to Senate.

March 12 Casino-smoking- ban bill passes 3-2 in Senate State, Veterans and Military Affairs Committee.

March 16 Senate votes 18-17 to amend the bill to say that if casinos are required to ban smoking, then cigar bars and the smoking lounge at Denver International Airport also must ban it.

March 26 Senate passes amended casino-smoking-ban bill, giving gaming houses a year to put it into effect.

What's next: The bill goes back to the House, which approved the bill last month without the one-year delay. The governor is waiting to see the final bill before committing.

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