Colorado's Clean Indoor Air Act says that if a bar gets 5 percent or $50,000 of its gross revenue from "tobacco products" it can continue to allow smoking.
House Bill 1108 would have limited the term "tobacco products" solely to cigars.
It also would have required bars to undergo a certification process to receive a "cigar bar" exemption and install on-site humidors.
Sen. Chris Romer, D-Denver, was instrumental in the bill's demise. He said that measure didn't give bar owners who have used the exemption enough time to adjust their business plans to stave off the financial hit.
"We really ran roughshod over people's lives when we implemented the smoking ban," Romer said. "You saw some people losing their homes and businesses.
"If we're going to run another bill that truly affects someone's business, you owe them the opportunity to do it right," Romer said.
But the bill's House sponsor cried foul, saying the demise of the bill paves the way for bars to take advantage of the loophole by using the sales from a cigarette machine for justification.
"Clearly, the smog has yet to clear in the Senate," said the bill's House sponsor, Rep. Ellen Roberts, R-Durango. "Bars already are choosing whether to follow the ban. The problem is if the legislature fails to clarify the ban it will only exacerbate the problem."
Sen. Betty Boyd, D-Lakewood, killed her bill in the Senate State, Veterans and Military Affairs Committee Tuesday, saying a number of technical issues had to be worked out before the bill is ready for prime time.
In truth, the sponsors fell short of the votes needed in the Senate to pass the bill. With Romer against the bill, it would have died in committee, where he is one of three Democrats.
But also lining up against the bill were Sens. Lois Tochtrop, D-Thornton, and Stephanie Takis, D-Aurora.
Rumor had it that Sen. Jim Isgar, D-Hesperus, was a wild card vote. He said that while he believes the state has implemented the smoking ban in a heavy-handed and unfair manner, he had planned on supporting the bill.
The bill targeted bars like the Blue Sky Saloon outside Delta, owned by Robert and Heidi Orio.
The Durango couple won a court battle in which they proved their saloon met the smoking ban's requirement that 5 percent of the bar's gross revenue was derived from tobacco sales.
"We fought in court and the court said our customers are allowed to smoke," said Robert Orio. "I don't think legislators should have the right to come back and say 'no' by passing legislation."
It's the second bill this year aimed at tightening the smoking ban that has run into trouble. Last week, a bill that would extend the statewide ban to casinos hit a snag after it was amended to say that casinos must go smoke-free when cigar bars and the smoking lounge at Denver International Airport ban smoking.
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