Cigar shop clarification advanced

A 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 Nebraska Clean Indoor Air Act. Senators advanced it from general file Feb. 4.

Introduced by O’Neill Sen. Tyson Larson, LB118 would grant businesses that exclusively sell smoking products an exemption to the 2008 Clean Indoor Air Act, which prohibits indoor smoking in the state.

The bill 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.

Niche businesses such as cigar and tobacco shops are entitled to the exemptions, Larson said, because their customers expect to encounter second-hand smoke in those locations. He added that because so few cigar shops exist in Nebraska, there are ample non-smoking businesses that provide job opportunities.

“You have a choice whether to go into one of these establishments,” he said.

An amendment by the General Affairs Committee added a severability clause, Liquor Control Commission regulations and language that only public accommodations, research facilities, tobacco retail outlets and cigar shops would be exempt from the Clean Indoor Air Act.

Larson offered an amendment to the committee amendment that replaced public accommodations with guestrooms and suites. The amendment also clarified that cigar shops differ from tobacco retail outlets because they can have liquor licenses. Lawmakers approved it and the committee amendment on 36-0 votes.

Lincoln Sen. Colby Coash supported the amendments and the bill, saying that LB118 sends a clear message to the state Supreme Court that the Legislature is requesting an exemption for a specific group that is not attempting to circumvent the Clean Indoor Air Act.

“We recognize that these businesses look a little bit different,” he said

The bill advanced to select file on a 34-2 vote.