CRIPPLE CREEK, Colo. -- Three casinos that allowed patrons to smoke despite the state ban on indoor smoking were issued citations Wednesday; two days after city officials said they didn’t have enough time or manpower to patrol casinos or to make sure they complied with the smoking ban.

However, Police Chief Gary Hamilton was compelled to act on Wednesday after receiving complaints from other casinos that don’t allow indoor smoking.

Mayor Dan Baader expected that all three of the casinos charged would challenge the citations on the grounds that they qualified themselves as cigar bars, which are exempt from the ban.

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

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, although the dead line to do so ended in December of 2005.

The Colorado Division of Gaming is watching to see what the courts decide. “At this point, it is just a pending petty offense," said spokesman Don Burmania. The division could investigate if the casinos are found to have repeatedly violated the smoking ban.

“The casinos that were ticketed were exploiting a loophole in the law”, says Smoke-Free Gaming of Colorado. “That angered the 11 other casinos that have told smokers not to light up indoors," said Baader.

Baader wishes that the casinos in town could have worked out the dispute themselves instead of complaining to the police chief. "I wish it wouldn't have happened at all. The law is pretty clear. You're not supposed to be smoking in casinos. We all wish it hadn't been passed, but that's the law now," said Baader.