House approves cigar bar legislation

House approves cigar bar legislation February 18, 2025

Rep. Chris Lewis, R-Louisville, speaks about House Bill 211 on the House floor on Tuesday. The legislation would create a regulatory framework for cigar bars and prevent local anti-smoking ordinances from prohibiting their operation. A high-resolution photo can be found here.

FRANKFORT — Cigar enthusiasts may soon have more places around the commonwealth to sample and enjoy cigars.

House Bill 211, sponsored by Rep. Chris Lewis, R-Louisville, would create a regulatory framework for cigar bars and prevent local anti-smoking ordinances from prohibiting their operation.

Lewis opened his speech on the House floor on Tuesday by telling the Kentucky House of Representatives what House Bill 211 does not do.

“This bill does not fully roll back existing smoke-free laws in any local municipality in the commonwealth,” he said. “This is not about smoking cigars in a regular bar, your local bowling alley, a restaurant, or in any other public place that doesn’t currently allow smoking if you do not want to be exposed to cigar smoke in a public place where smoke free laws currently exist.

“Nothing in this bill changes your ability to maintain that separation.”

Lewis said HB 211 would create a “very narrow exemption” to allow smoking of cigars inside cigar bars.

HB 211 defines cigar bars as a 21 and older establishment that holds a valid quota retail drink license and generates at least 15% of its annual gross income from the on-site sale of cigars, pipe tobacco, paraphernalia, and accessories.

Lewis said the legislation would give local governments oversight of the businesses.

“It also adds another layer of government inspections and accountability to the process,” Lewis said. “A local government may enact an ordinance requiring a cigar bar to obtain an annual permit for its inspection for its operation to ensure that the applicant complies with the requirements set forth in this legislation.”

HB 211 would also require cigar bars that share a physical wall or common enclosed air space with any other structure to implement smoke mitigation measures. A smoke-free area for delivery drivers or mail carriers would also be required in some circumstances, Lewis said.

House Floor Amendment 2, filed by Lewis, would exempt currently operating cigar bars from being required from having a smoke-free delivery area.

“This will prevent those businesses currently in operation from incurring unreasonable expenses to establish such a space as a result of this legislation,” Lewis said.

Rep. Anne Gay Donworth, D-Lexington, spoke against the amendment.

“I don’t think it’s acceptable to require someone who is doing the course of their job, their delivery job, to be required to inhale secondhand smoke,” she said.

Donworth and Rep. George Brown Jr., D-Lexington, said cigar bar regulation should be left up to local governments.

“I think this bill overrides local control, so I’m vehemently opposed to this piece of legislation,” Brown said.

HB 211 cosponsor Rep. Jim Gooch Jr., R-Providence, said only six or seven cigar bars would be impacted by House Floor Amendment 2, and those delivery drivers typically enter through a well-ventilated part of the business.

“I think it’s a very reasonable bill, and it certainly does not change any of the existing restaurant laws or bar laws that are on the books now,” Gooch said. “With that, I urge people to vote for this amendment and for the bill.”

House Floor Amendment 2 was adopted by a voice vote.

The House also adopted House Floor Amendment 1 by a voice vote. Rep. Steven Doan, R-Erlanger, filed the amendment.

“This is a simple floor amendment that would allow a local government to opt out of the liquor license requirement,” Doan said. This floor amendment would be helpful for dry counties, he added.

HB 211 advanced off the House floor by a 74-19 vote. It now goes before the Senate for consideration.

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https://apps.legislature.ky.gov/publicservices/pio/release.html#HB211021825