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COLORADO SPRINGS, Colo. -- Some dining rooms at The Broadmoor in Colorado Springs appear to remain open despite a public health order to shut down Colorado restaurant dining rooms.

UPDATE Mar. 18: The Broadmoor has since closed its dining rooms after KRDO's investigation.

The Colorado Department of Public Health and Environment tells KRDO that it is the agency's understanding that hotel room service is allowed but restaurant dining is not. The El Paso County Public Health Department tells KRDO the Broadmoor is in violation of the state order.

Enforcement of the public health order falls on the local county health

department. The El Paso County Health Department told us they are now

following up with the Broadmoor about the situation.

We began investigating a tip about The Broadmoor, and KRDO crews went the resort to see if restaurant dining rooms were open Tuesday around noon.

Our crews saw two dining rooms operating, with people sitting inside the Golden Bee and La Taverne. The front desk staff told us hotels were not covered under the states' order.

Multiple attempts to reach a Broadmoor spokesperson before this story was published went unanswered. Later Tuesday afternoon, Broadmoor President and CEO Jack Domioli called KRDO and said The Broadmoor is not violating the state's order and is exempt.

The language related to hotel dining rooms in the public health order issued Monday by Gov. Jared Polis' office and the state Department of Health reads:

“Restaurant” means an establishment, which is not a hotel as

defined in subsection (21) of this section, provided with special

space, sanitary kitchen and dining room equipment, and persons

to prepare, cook, and serve meals, where, in consideration of

Public Health Order 20-22

payment, meals, drinks, tobaccos, and candies are furnished to

guests and in which nothing is sold excepting food, drinks,

tobaccos, candies, and items of souvenir merchandise depicting

the theme of the restaurant or the geographical or historic

subjects of the nearby area. C.R.S. Section 44-3-103(47).

The state definition of a hotel in subsection 21 is any establishment with sleeping rooms for the accommodation of guests and having restaurant facilities.

The order says it does not restrict room service in hotels, but does not

specifically mention restaurants or dining areas in hotels.

A section of the order says that "Restaurants, food courts, cafes, coffeehouses, and other similar places of public accommodation offering food or beverage for on-premises consumption" will be closed to "ingress, egress ... and occupancy by members of the public."

The state order says failure to comply with the public health order could result in as much as a $1,000 fine and one year in county jail. It's

unclear what if any, consequences the Broadmoor will face.

KRDO called several other Colorado Springs Hotels with restaurants located

inside. All told us their dining rooms were closed and customers can only

place take-out orders.

We have also asked Governor Jared Polis' office for clarification on this issue and we're waiting to hear back.