A bill that would allow eligible businesses in Kentucky to operate cigar bars, which health organizations say could compromise public health, passed the House Local Government Committee Wednesday.
House Bill 194 says a person can operate a cigar bar in Kentucky if they hold a valid alcoholic beverage license and patrons could smoke indoors or outdoors.
When it was filed, it said eligible businesses needed to make at least 15% of their annual gross income from “from the on-site sale of cigars, pipe tobacco, paraphernalia and accessories related to the consumption of cigars and pipe tobacco, and rental of humidors, or a combination thereof.” A substitute version of the bill ups that to 25%.
The bill would also require cigar bars to notify people that they will be exposed to smoke at the facility, which would be required to have a smoke-free space for deliveries and related business with non-employees.
“This is not about smoking cigars in a regular bar, your local bowling alley, restaurant or in any other public place that doesn’t currently allow smoking,” said sponsor Rep. Chris Lewis, R-Louisville. “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.”
A letter of support from the DC-based Premium Cigar Association says the bill has “important safeguards that distinguish cigar bars from other establishments and ensure the bill applies only to businesses intentionally designed to serve adult consumers.”
Several health and advocacy organizations sent a letter on Tuesday to all members of the House Local Government Committee in which they condemned the bill, saying it “creates a loophole that will severely weaken these local laws putting population health protections and healthcare cost savings in jeopardy.”
Signed by 11 organizations — including the Foundation For A Healthy Kentucky, Kentucky Medical Association, Kentucky Youth Advocates and more — the letter says the legislation “preempts local authority” and “sends the wrong message to Kentucky’s youth.”
“Traditional cigars, little cigars and cigarillos are sold in a variety of flavors that appeal to youth including sour apple, cherry, grape, chocolate and menthol,” the letter says. “In communities that allow indoor cigar smoking, youth and young adults may perceive that it’s socially acceptable to use cigars, and they may get the false impression that cigars are safer or a status symbol.”
Rep. George Brown Jr., D-Lexington, cast the sole vote against the bill, saying it is “counter to local control.” Rep. Sarah Stalker, D-Louisville, passed. The bill can now go to the House floor.