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Smoking battle heats up in Cripple Creek

Story By: Nicole Vandeputte
Source: KOAA

Published Fri Jun 20, 2008, 04:27 PM MDT
Updated Fri Jun 20, 2008, 06:26 PM MDT

We told you a few weeks ago that a casino in Cripple Creek began allowing smoking inside, despite the anti-smoking law. Bronco Billy's believed it found a loophole in the law, and two other casinos followed. Like any big bet, this one may not pay off.

Kevin Werner believes he hit jackpot with his new casino. He's the General Manager of the Wildwood Casino in Cripple Creek. There are more than 600 games, and he says it has all of the latest technology. It even has a new smell. He says, "It smells newer. It smells cleaner."

It seems that fresh scent comes with a price. Werner says, "All of the casinos have been non-smoking, and we did see a drop in revenues. Some people say it's the non- smoking laws, but I really think it's too soon to tell."

Three casinos found a way around the new non-smoking law. A few weeks ago Bronco Billy's opened a designated smoking section. We spoke with the general manager, Marc Murphy, shortly after it opened. He said, "This law allows cigar/tobacco bars, if you have had over $50,000 in tobacco sales as of December 31,2005, and in the subsequent years." Two others soon followed, Midnight Rose, and Double Eagle.

For some customers their bet seemed to pay off. Gerald Garcia is a smoker. He says, "I think they should have something. I believe smokers have just as much of a right as non-smokers." Fred Pisciotta is a non-smoker. He says, "It's a free country, hell yes! We got to many laws anymore. If you're smoking and I can't stand it, I got two good feet."

Like any gamble, you end up paying the price. This week, after receiving complaints, police issued 3 citations to Bronco Billy's, Midnight Rose, and Double Eagle. Werner says, "The casinos that are smoking right now, I don't think they are going to prevail. I think it will go through the legal system, and see how it all shakes out, but eventually I think we will all end up on an even playing field."

We tried to contact the three casinos cited for apparently allowing smoking. The Midnight Rose did not return calls. Bronco Billy's said it's a legal issue, and they can't comment. The Double Eagle refused comment.

The citations for smoking are $200. The police chief said he would not issue any more to these casinos while they await their day in court.

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