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Jul 18, 2008 4:59 am US/Mountain

Casinos In Court On Smoking-Ban Dispute

CRIPPLE CREEK, Colo. (AP) ― The manager of one of three Cripple Creek casinos cited for violating the state smoking ban has pleaded not guilty.

The Midnight Rose, represented by manager Donald Rosen, entered the plea in Teller County Court Thursday. The trial is set for Sept. 11.

Pretrial conferences were set for late July in the cases involving the Double Eagle and Bronco Billy's casinos.

The three casinos were ticketed for allowing customers to smoke despite the state ban on indoor smoking. The casinos claim they are cigar bars, which are exempted from the ban.

Legislators passed an indoor smoking ban in 2006 that originally exempted casinos, along with cigar bars and smoking lounges at Denver International Airport. The ban was extended to casinos as of Jan. 1.

To qualify for an exemption as a cigar bar, 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.

In June, Cripple Creek authorities said they wouldn't ticket the casinos that allow smoking because they didn't have the time or staff to patrol the businesses. The police chief issued the citations after complaints from other casinos that don't allow smoking.

(© 2008 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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