Developing Smokefree Implementation Regulations

Cigar Bars (exemption)

Model

Please note that we do not recommend that smokefree laws exempt "cigar bars" or any other enclosed environments. This language is provided only to assist in the rulemaking process in cases in which "cigar bars" have previously been exempted by statute.

A "cigar bar" is an establishment that:

Is licensed to sell alcoholic beverages for on-premises consumption and in which the service of food is only incidental to the consumption of such beverages, and
Is engaged in the business of selling cigars and generated X percent* or more of its total annual gross income from the on-site sale of cigars and the rental of humidors, not including sales from vending machines, in the calendar year ending December 31, 200Y,†
Is registered with the local health department in the municipality in which the bar is located. A cigar bar registration shall remain in effect for one year and shall be renewable only if: (1) in the preceding calendar year, the cigar bar generated X% or more if its total annual gross income from the on-site sale of cigars and the rental of on-site humidors, and (2) the cigar bar has not expanded or changed its location since December 31, 200Y.
Smoking shall be prohibited in casinos and other gaming facilities and they shall not be considered cigar bars under this definition.

* Usually at least 15%, although the required percentage may be higher depending on state or local policy considerations.

† Usually one year before the passage of the smokefree law. This provision ensures that all cigar bar applicants have already been operating as such and excludes ordinary bars that are claiming an exemption under the law.

Examples

New Mexico Rules (effective 2008)
New York State Implementation Guidance (adopted 2003)
New Jersey Rules (adopted 2007)

New Mexico Cigar Bar Exemption Rules, effective May 30, 2008

Final New Mexico Rule

top

New York State Clean Indoor Air Act – Implementation Guidance (adopted 12/12/03)

A "Cigar bar" is an establishment that

is a bar, as defined in Section 1399-n (1) of the Public Health Law ("any area, including outdoor seating areas, devoted to the sale and service of alcoholic beverages for on-premises consumption and where the service of food is only incidental to the consumption of such beverages"), and
is primarily engaged in the business of selling cigars and generated ten percent (10%) or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines, in the calendar year ending December 31, 2002.

top

New Jersey, Final Rules, adopted March 29, 2007

[A]ny cigar bar or cigar lounge that, in the calendar year ending December 31, 2004, generated 15% or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines, and is registered with the local board of health in the municipality in which the bar or lounge is located [is exempt from the smokefree law]. The registration shall remain in effect for one year and shall be renewable only if: (1) in the preceding calendar year, the cigar bar or lounge generated 15% or more if its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, and (2) the cigar bar or cigar lounge has not expanded its size or changed its location since December 31, 2004;

"Cigar bar" means any bar, or area within a bar, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere; except that a cigar bar that is in an area within a bar shall be an area enclosed by solid walls or windows, a ceiling and a solid door and equipped with a ventilation system which is separately exhausted from the nonsmoking areas of the bar so that air from the smoking area is not recirculated to the nonsmoking areas and smoke is not backstreamed into the nonsmoking areas.

"Cigar lounge" means any establishment, or area within an establishment, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere; except that a cigar lounge that is in an area within an establishment shall be an area enclosed by solid walls or windows, a ceiling and a solid door and equipped with a ventilation system which is separately exhausted from the nonsmoking areas of the establishment so that air from the smoking area is not recirculated to the nonsmoking areas and smoke is not backstreamed into the nonsmoking areas.

top