NITRO, W.Va. -- Nitro City Council members passed an ordinance Tuesday night for Tri-State Casino and Resort to allow smoking in designated areas within the casino.
NITRO, W.Va. -- Nitro City Council members passed an ordinance Tuesday night for Tri-State Casino and Resort to allow smoking in designated areas within the casino.
"The city of Nitro has our cooperation 1,000 percent," said Dan Adkins, who represented the resort. "We're breaking new ground and definitely setting a precedent here tonight."
Adkins, the vice president of racetrack owner Hartman & Tyner, has told county health officials he is convinced the air regulation is responsible for a big chunk of a $15 million loss in revenue at the Nitro racetrack and casino.
According to Adkins, air monitoring is under way to ensure a completely safe environment. Adkins also added that separate facilities with separate air conditioning and filtration systems are already in place.
"The ball is in Tri-State Casino's court now, whether they move forward to allow smoking or not," said Mayor Rusty Casto.
Casto added that the resort would perhaps look into seeking an exemption from the state similar to the smoking allowances given for bingo halls. In West Virginia State Code, there is a law that provides for smoking and non-smoking sections in all larger organized bingo halls.
It remains unclear when facilities at the resort could be opened to smokers, as all sides await a response from the Kanawha County Health Board.
In a letter to state Alcohol Beverage Control Administration Commissioner Dallas Staples early this month, county health director Anita Ray said health officials believe the county smoking ban trumps any town ordinance that Nitro might pass.
Under state law, the ABCA can pull the liquor license of any establishment that is in violation of county health regulations. Staples sent letters to about 180 bars and gaming parlors last year saying he would pull the licenses of establishments that continue to allow smoking in violation of the smoking ban.
Although the question of whether a city can pass an ordinance rescinding a county smoking ban has never been specifically addressed by the state Supreme Court, courts have generally held that a smaller body like a city or town can't pass a law that is less restrictive than a law passed by a larger body like a county or a state.
Also Tuesday, council members passed a land-use covenant allowing for the construction of a parking lot and commercial boat launch ramp southeast of the intersection of Main Avenue and Lock Street.
The covenant, between the city and the state Division of Natural Resources will reportedly speed up the final construction stages, which could begin as soon as September. The ramp is expected to be finished around the summer of 2010.
NITRO, W.Va. -- Nitro City Council members passed an ordinance Tuesday night for Tri-State Casino and Resort to allow smoking in designated areas within the casino.
"The city of Nitro has our cooperation 1,000 percent," said Dan Adkins, who represented the resort. "We're breaking new ground and definitely setting a precedent here tonight."
Adkins, the vice president of racetrack owner Hartman & Tyner, has told county health officials he is convinced the air regulation is responsible for a big chunk of a $15 million loss in revenue at the Nitro racetrack and casino.
According to Adkins, air monitoring is under way to ensure a completely safe environment. Adkins also added that separate facilities with separate air conditioning and filtration systems are already in place.
"The ball is in Tri-State Casino's court now, whether they move forward to allow smoking or not," said Mayor Rusty Casto.
Casto added that the resort would perhaps look into seeking an exemption from the state similar to the smoking allowances given for bingo halls. In West Virginia State Code, there is a law that provides for smoking and non-smoking sections in all larger organized bingo halls.
It remains unclear when facilities at the resort could be opened to smokers, as all sides await a response from the Kanawha County Health Board.
In a letter to state Alcohol Beverage Control Administration Commissioner Dallas Staples early this month, county health director Anita Ray said health officials believe the county smoking ban trumps any town ordinance that Nitro might pass.
Under state law, the ABCA can pull the liquor license of any establishment that is in violation of county health regulations. Staples sent letters to about 180 bars and gaming parlors last year saying he would pull the licenses of establishments that continue to allow smoking in violation of the smoking ban.
Although the question of whether a city can pass an ordinance rescinding a county smoking ban has never been specifically addressed by the state Supreme Court, courts have generally held that a smaller body like a city or town can't pass a law that is less restrictive than a law passed by a larger body like a county or a state.
Also Tuesday, council members passed a land-use covenant allowing for the construction of a parking lot and commercial boat launch ramp southeast of the intersection of Main Avenue and Lock Street.
The covenant, between the city and the state Division of Natural Resources will reportedly speed up the final construction stages, which could begin as soon as September. The ramp is expected to be finished around the summer of 2010.
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