Cigar shop bill amended, advanced

Cigar and tobacco shops would be exempt from the Nebraska Clean Indoor Air Act under a bill advanced from select file Feb. 12

The bill was brought this session in response to a 2014 Nebraska Supreme Court decision that declared unconstitutional the Legislature’s previous exemption of cigar bars and tobacco retail outlets from the statewide smoking ban.

Introduced by O’Neill Sen. Tyson Larson, LB118 would grant businesses that exclusively sell smoking products an exemption and would permit a cigar shop to apply for a liquor license if the establishment:
• does not sell food;
• generates at least 10 percent of its gross revenue from sales of cigars, tobacco and tobacco-related products, not including cigarettes;
• has a walk-in humidor; and
• does not allow cigarette smoking.

Columbus Sen. Paul Schumacher introduced an amendment, adopted 31-1, that specifically defined the differences between cigars and cigarettes, would prohibit anyone under 21 years old from purchasing products or smoking in cigar shops and require cigar shops to post signs prohibiting cigarette smoking.

It also would require cigar shop employees to sign a form acknowledging that they will be exposed to secondhand smoke and know the health risks involved.

The amendment better articulates to the Nebraska Supreme Court that “it is rational and proper of us to treat cigar bars different from other businesses,” Schumacher said.

Senators advanced the bill to final reading on a voice vote.