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Casino loses fight against smoking ban


KRDO,  Friday, October 3, 2008 at 10:18:11 AM

It was a blow to casinos in the small gaming town of Cripple Creek. On Thursday, Judge Jackson Peters ruled in favor of the state when it comes to the statewide smoking ban.

The Midnight Rose challenged the law after it was ticketed for breaking the law in June. It later claimed it was a cigar bar, which would have allowed smoking in the casino.

The Judge, in his ruling, says the legislature clearly defines what a cigar-tobacco bar is, writing, "It must be a watering hole operated primarily for the sale and service of alcohol beverage." He continued that while the Midnight Rose does sell and comp alcohol, its main source of revenue is gaming.

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