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Rep. Brian Quirk
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Tuesday, September 16, 2008 6:14 AM CDT
Lawmaker proposes gambling devices to offset smoking ban losses in bars
DES MOINES(AP) -- A state lawmaker says a small group of legislators is quietly assembling a compromise to allow gambling devices in adult-only establishments as a way to ease bar owners' concerns about Iowa's new smoking ban.

Rep. Brian Quirk, D-New Hampton, said allowing limited and "heavily regulated" gambling machines in bars could help offset a decline in business that some bar owners complain is a direct result of the smoking ban, which went into effect in July.

"We are looking at trying to remedy a problem," he told The Associated Press on Monday. He declined to identify the other lawmakers he's working with on the plan.

Quirk said the group is suggesting that gaming devices such as video Keno be allowed in adult-only establishments.

He noted that the Iowa Smokefree Air Act, which prohibits smoking in nearly all public places including restaurants and most bars, exempts casinos, putting bars at a disadvantage.

"We're creating this inequity between casinos and bars," he said. "If (bars) were allowed to have some type of gaming device, on a limited basis and heavily regulated, that would go a long way toward keeping their doors open."

The state went through a pitched battle several years ago when the Iowa Lottery began installing TouchPlay machines in thousands of retail outlets around the state. Critics complained that the machines were indistinguishable from slot machines.

The Legislature quickly banned the TouchPlay machines, and the state has agreed to pay out millions in settlements to TouchPlay manufacturers, distributors and operators.

While the TouchPlay machines were installed in all kinds of retail outlets from convenience stores to bowling alleys, Quirk's proposal would allow the gambling devices only in bars that are age-restrictive.

"It would not be TouchPlay, we've been down that road," he said.

The Democrat, whose party has control of both chambers of the Legislature, said he's considering having legislative staffers draft proposed legislation to explore the details of the measure.

Key leaders said they were interested in the idea, but not ready to endorse it.

"I'll keep an open mind on it, but I'm not prepared to commit to moving forward," said House Majority Leader Kevin McCarthy, D-Des Moines. "I do have a lot of empathy for some of the concerns raised by the bar owners."

McCarthy agreed there's a disparity between banning smoking in bars and allowing it in casinos, and he said that the gambling devices could possibly be a way to even things out.

"It's something I'm open to having a discussion on," said McCarthy. "I'm told there are some states that have them, heavily regulated and licensed."

Such a proposal could start a firestorm at the Statehouse.

The well-financed and politically potent gambling industry would likely view the idea as allowing serious competition in an area they currently have to themselves.

On the Net:

Iowa Legislature: http://www.legis.state.ia.us/
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Panther88 wrote on Sep 16, 2008 7:23 AM:

" We have enough gamling in the state.... LEAVE IT BE!!! "

pantherfan1 wrote on Sep 16, 2008 7:48 AM:

" This is the biggest joke I have heard. How about just banning smoking at the CASINO! By the gov making the choice to not ban smoking at the casino that sent a strong enough message. Our gov is not working for the people, they are working for the money that can be brought in. "

Anthony wrote on Sep 16, 2008 8:04 AM:

" So, they are admitting that this ban affected the small bar owner's profits. I know it has affected ours. What surprises me most is that they might actually care that this has happened. HAH, not likely, what was I thinking. "

coalplant wrote on Sep 16, 2008 9:10 AM:

" woo hoo more sound economic policies from our state reps,,, gambling cures all ills "

Anthony wrote on Sep 16, 2008 9:10 AM:

" OK, here's a little IF/THEN for everyone

IF Quirk said the following.

"He noted that the Iowa Smokefree Air Act, which prohibits smoking in nearly all public places including restaurants and most bars, exempts casinos, putting bars at a disadvantage."

IF, Iowa state law says,

Laws uniform. SEC. 6. All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.

THEN, does that not make this law unconstitutional?

Just a thought "

jb wrote on Sep 16, 2008 9:20 AM:

" Or...we could just repeal the idiotic smoking law.

[I don't smoke] "

jb wrote on Sep 16, 2008 9:20 AM:

" Anthony - I don't think they really care about the *businesses'* losses. They're annoyed that they're losing tax dollars - the only dollars they care anything about. "

BoSox Guy wrote on Sep 16, 2008 12:06 PM:

" Didn't we have something like this already....Touchplay machines? "

gkb32 wrote on Sep 16, 2008 2:26 PM:

" I said this back prior to the smoking ban taking affect. Touchplay lawsuits have paid out millions due to the hasty Iowa legislature approving.........then disapproving Touchplay. Nice job there. If smoking is allowed in casinos, I would agree with Quirk partially. Either get smoking banned in casinos so they don't have an uconstitutional exemption that Anthony correctly points out. Or, allow machines in bars with age restrictions. That might actually halt some of the still pending Touchplay lawsuits and save the taxpayers money in payouts. So it could kill two birds with one stone 1) bar owners could reduce losses and 2) reduce the payouts on lawsuits by giving a form of Touchplay another try. "

frogge wrote on Sep 16, 2008 4:24 PM:

" They've got to be kidding me! Some how this is suppost to make things better? Sure, it's practically a crime to smoke but let's make it better by putting gambling devises in adult only businesses! What a joke! This is why so many of our state lawmakers are on their way out. I just can't wait for November 4th! "

Bluetooth wrote on Sep 16, 2008 7:00 PM:

" Hey why don't we all just go get drunk, light up some smokes, and blow all are money on gambling........Way to go Waterloo.....gotta love it.... "

the_bat wrote on Sep 17, 2008 12:58 AM:

" Y'know, I'm beginning to think we'd all be better off without this state legislature thing or the governor guy. Maybe we, the citizenry, should just tell them, "Thank you, but your services are no longer required. Please go home and find gainful employment doing something else."

^o^
—Something about lunatics running the asylum. "

nanag wrote on Sep 17, 2008 6:02 AM:

" Bluetooth why blame Waterloo its the whole state of Iowa not just one town "

Anthony wrote on Sep 17, 2008 8:07 AM:

" I love the line "We are looking at trying to remedy a problem". Let's see, who is to blame for this problem? I'm glad to see that they put so much forethought into this law. November is coming. "

avee wrote on Sep 17, 2008 8:22 AM:

" Anthony wrote """does that not make this law unconstitutional?"""-----
About 80% of what they do "for us" in Des Moines and Washington is unconstitutional. Who is going to set these jokers straight? "

subl1m1nal wrote on Sep 17, 2008 8:45 AM:

" Great idea. Shoot down one vice and create another. Might want to make drugs and prostitution legal too. Wait, better tax the drugs and prostitutes so the state gets their money... "

tomanderson wrote on Sep 17, 2008 8:53 AM:

" How much did the state of Iowa settle out of court with the touchplay manufacturers? Now they want to allow them to go back into the places that they removed them from. Maybe the (legislators) in Des Moines should think about the consequences of their votes before casting them. "

Panther88 wrote on Sep 17, 2008 5:00 PM:

" Stupid is as stupid does. Welfare Politics at its finest! "

john14541 wrote on Sep 17, 2008 6:55 PM:

" I am voting against all incumbents at all levels of government. Let's kick these "Control Freaks" out of office. "

stenny1963 wrote on Sep 17, 2008 9:45 PM:

" How stupid is this???These legislators say bars are losing money because people cant smoke inside.if this is the case who the heck is going to sit and gamble in a smoke free bar.This is just an attempt by some of them who supported keeping smoking to start some trouble.The sports bars I go to to watch the hawkeyes are always full so I doubt very much bars profit margins are taking a hit.funny too that most of the people in there actually dont mind stepping out to have a smoke and joke about how much we used to smoke and how much less we do now when we go out. "

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