House approves cigar bar bill
Rep. Chris Lewis, R-Louisville, speaks on House Bill 194, which would allow cigar bars in Kentucky, on the House floor. A high-resolution photo can be found here.
FRANKFORT — A bill that would allow certain businesses to operate as a cigar bar advanced off the House floor on Tuesday.
Rep. Chris Lewis, R-Louisville, said House Bill 194 creates “a narrow exemption” in the law that would allow the smoking of cigars in what the bill defines as a cigar bar.
“If you don’t 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 on the House floor.
Under HB 194, a business would only be permitted to operate as a cigar bar if 25% of the business’s gross annual income is derived from the sale of cigars, pipe tobacco, related accessories or the rental of humidors. Additionally, the business must hold a valid quota retail drink license.
The bill would give local governments the ability to enact an ordinance to require cigar bars receive a special permit to operate. Local governments may also exempt cigar bars from the quota retail drink license requirement.
To address health concerns, Lewis said HB 194 would require cigar bars to provide a smoke-free location for deliveries and signage warning potential customers of exposure to cigar and pipe tobacco smoke.
Cigar bars that share a physical wall or a common, enclosed air space with any other structure would be required to implement measures to ensure smoke does not pass into smoke-free areas, Lewis added.
The bill also would prohibit anyone under the age of 21 from entering the business.
Rep. Adrielle Camuel, D-Lexington, asked Lewis to clarify how HB 194 might impact local smoke-free ordinances.
Lewis said there is nothing in the legislation that would allow smoking in bars, restaurants, bowling alleys or anywhere public where current smoke-free ordinances are in place.
“This doesn’t prevent any municipality from creating a new smoke-free ordinance, but it would not allow them to ban a cigar bar,” he added.
The House voted 69-24 to send HB 194 to the Senate.
Rep. Anne Gay Donworth, D-Lexington, said she was voting “no” on the legislation because her district is against it.
“I do want to thank the bill’s sponsor. I think this is a much better version than what we passed last year, having the 25% margin for cigar sales,” Donworth said. “I am a no purely because my district has a very, very, very popular indoor smoking ban.”
Rep. Al Gentry, D-Louisville, voted “yes” on HB 194. He said although he isn’t a smoker, he supports others’ right to do it.
“I voted ‘yes’ on the bill because I am a proponent of freedom and accountability,” he said. “Cigar smoking is legal, so if we want to have a confined space for those individuals to come together and do that, that is their choice.”
