AN ACT relating to cigar bars.

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AN ACT relating to cigar bars. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Cigar bar" means an establishment that: 6
1. Holds a valid quota retail drink license, as defined in KRS Chapter 7
243, for the on -premises consumption of alcoholic beverages unless a 8
local government passes an ordinance pursuant to subsection (4) of 9
this section; 10
2. Generates at least twenty -five percent (25%) of its annual gross 11
income from the on -site sale of cigars, pipe tobacco, paraphernalia 12
and accessories related to the consumption of cigars and pipe tobacco, 13
and rental of humidors, or a combination thereof; 14
3. Does not knowingly sell products or services, or permit entrance to the 15
premises, to persons under twenty-one (21) years of age; and 16
4. Does not permit the use of electronic cigarettes or vapor products or 17
the smoking of products other than cigars and pip e tobacco inside 18
interior space of the cigar bar; and 19
(b) "Local government" means a city, county, urban -county government, 20
consolidated local government, charter county government, unified local 21
government, or special district. 22
(2) (a) 1. A person shall b e permitted to operate a cigar bar within the 23
Commonwealth in any area where other establishments that meet the 24
qualifications of subsection (1)(a)1. of this section are permitted to 25
operate. The smoking of cigars and pipe tobacco may occur within the 26
interior or exterior space of a cigar bar operating within the 27
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Commonwealth. 1
2. The operation of a cigar bar is subject to other state and local 2
government laws not in conflict with this section, including but not 3
limited to any land use ordinances generally applicable to licensees 4
described in subsection (1)(a)1. of this section unless a local 5
government passes an ordinance pursuant to subsection (4) of this 6
section. 7
(b) A local government may enact an ordinance requiring a cigar bar to obtain 8
an annual permi t from the local government for its operation. The 9
ordinance may require an inspection of facilities and other information and 10
documentation to ensure the applicant complies with the requirements of 11
this section. The amount of any permit fee: 12
1. Shall be r easonable and consistent with permit fees for other similar 13
businesses; and 14
2. Shall not exceed the costs of policing, regulating, and administering 15
the cigar bar pursuant to applicable law. 16
(3) (a) A cigar bar that shares a physical wall or common, enclo sed air space with 17
any other structure shall implement measures or be constructed in a 18
manner to ensure that smoke from the cigar bar does not pass into the 19
interior or enclosed air spaces of those other structures. This paragraph 20
shall not apply to any ci gar bar in operation as of the effective date of this 21
Act. 22
(b) The owner of a cigar bar shall provide a smoke-free space for the delivery of 23
supplies, mail, and other items to the premises by persons other than 24
employees and patrons of the cigar bar. This paragraph shall not apply to 25
any cigar bar in operation as of the effective date of this Act. 26
(c) A cigar bar shall provide notice that an individual entering its premises will 27
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be exposed to cigar and pipe tobacco smoke in the establishment and that 1
smoking or vaporizing of inhalants other than cigars or pipe tobacco is 2
prohibited. The notice shall be placed in a conspicuous place at each 3
entrance to the establishment where an entrant may be exposed to cigar or 4
pipe tobacco smoke. 5
(4) A local government may , by ordinance, allow a cigar bar to operate in its 6
jurisdiction without holding a valid quota retail drink license, as defined in KRS 7
Chapter 243 and as otherwise required in subsection (1)(a)1. of this section. All 8
other provisions of this section shall apply. 9