
Casinos’ Slot Machines vs. Taverns’
With the passing of the Nevada Clean Indoor Air Act, many bars that
operate slot machines are unhappy that they can no longer have smoking
in their establishments. The law states that if you have a restricted
license – which means you have less than 15 slot machines – you cannot
allow smoking in your establishment. If you have a non-restricted
license – more than 15 slot machines and table games – you can allow
smoking.
The bars say that the law is unconstitutional, in that they are being
discriminated against for not having as many slot machines. They say
they are the same business, and that the law should either ban smoking
in the casinos as well, or not at all in the taverns where the slot
machines are located. One of their arguments is that the ban says that
if you serve food you cannot smoke, but the casinos serve food so they
cannot see what the difference is.
The Nevada Resort Association ended up opposing the Tavern Owners
Association saying that the equal protection argument was invalid –
just because they both run slot machines does not make them the same
entity. The bars said that they thought the casinos wanted the bars to
have to follow the bill because then their smokers would come to the
casinos to play the slot machines.
The casinos then said that the bars were trying to rile up the public
to vote against the ban by saying that hotels and motels should be
covered under the ban as well – but the bars denied the claims saying
that they were just trying to get fairness in a bill that wasn’t.
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