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HB-5931, As Passed House, June 18, 2026
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SUBSTITUTE FOR
HOUSE BILL NO. 5931
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 12606a (MCL 333.12606a), as amended by 2023 PA
318.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12606a. (1) A cigar bar in existence on May 1, 2010 that 1
meets the requirements of this section is exempt from the smoking 2
prohibition of section 12603 and may allow smoking on its premises. 3
Except as otherwise provided in subsection (3), to To qualify for 4
the exemption under this section, the person that owns or operates 5
a cigar bar must file an affidavit with the department on or before 6
the expiration of 30 days after May 1, 2010 and on not later than 7
January 31 of each year after May 1, 2010. The affidavit must be 8
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signed by the owner or operator of the cigar bar and must certify 1
that the cigar bar was in existence on May 1, 2010 and that it 2
meets all of the following requirements: 3
(a) In the 30-day period immediately preceding May 1, 2010, 4
the cigar bar generated 10% or more of its total gross annual 5
income from the on-site sale of cigars and the rental of on-site 6
humidors. 7
(b) Except as otherwise provided in this subdivision, the 8
cigar bar generates generated 10% or more of its total gross annual 9
income from the on-site sale of cigars and the rental of on-site 10
humidors for each the immediately preceding calendar year. after 11
the calendar year in which the first affidavit is filed under this 12
subsection. If the cigar bar has qualified for the exemption under 13
this section pursuant to subsection (2), the requirement under this 14
subdivision does not include the 3 calendar years immediately 15
preceding the calendar year in which the affidavit under subsection 16
(2) was filed.If the person that owns or operates the cigar bar is 17
the successor of a person that previously owned or operated the 18
cigar bar, the person may certify that the cigar bar will generate 19
10% or more of its total gross annual income from the on-site sale 20
of cigars and the rental of on-site humidors during the remainder 21
of the then-current calendar year. The department may require a 22
successor described in this subdivision to provide quarterly 23
reports regarding the successor's compliance with its certification 24
under this subdivision. 25
(c) The cigar bar is located on premises that are physically 26
separated from any areas of the same or adjacent establishment in 27
which smoking is prohibited under this part or part 129 and where 28
smoke does not infiltrate into those nonsmoking areas. As used in 29
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this subdivision, "physically separated" means an area that is 1
enclosed on all sides by any combination of solid walls, windows, 2
or doors that extend from the floor to ceiling. 3
(d) The cigar bar has installed on its premises an on-site 4
humidor. 5
(e) The cigar bar prohibits entry to an individual who is less 6
than 21 years of age during the time the cigar bar is open for 7
business. 8
(f) The cigar bar allows only the smoking of cigars on the 9
premises that retail for over $1.00 per cigar. 10
(g) The cigar bar prohibits the smoking of all other tobacco 11
products. 12
(2) For 1 calendar year only, a cigar bar qualifies for the 13
exemption under this section if an affidavit, signed by the person 14
that owns or operates the cigar bar, is filed with the department 15
and certifies that all of the following circumstances apply to the 16
cigar bar: 17
(a) The cigar bar is located in a city with a population of 18
more than 32,000 and less than 34,000 that is located in a county 19
with a population of more than 100,000 and less than 105,000. 20
(b) Not earlier than 2023, the cigar bar failed to file an 21
affidavit under subsection (1) for not less than 1 calendar year 22
and not more than 3 calendar years. 23
(c) The cigar bar has not previously filed an affidavit under 24
this subsection. 25
(3) If a cigar bar has qualified for the exemption under this 26
section pursuant to subsection (2), the cigar bar's affidavit 27
filing requirement under subsection (1) does not include the range 28
of calendar years described in subsection (2)(b), as applicable to 29
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the cigar bar. 1
(2) (4) A tobacco specialty retail store in existence on May 2
1, 2010 that meets the requirements of this section is exempt from 3
the smoking prohibition of section 12603 and may allow smoking on 4
its premises. To qualify for the exemption under this section, the 5
person that owns or operates a tobacco specialty retail store must 6
file an affidavit with the department on or before the expiration 7
of 30 days after May 1, 2010 and on January 31 of each year after 8
May 1, 2010. The affidavit must be signed by the owner or operator 9
of the tobacco specialty retail store and must certify that the 10
tobacco specialty retail store was in existence on May 1, 2010 and 11
that it meets all of the following requirements: 12
(a) In the 30-day period immediately preceding May 1, 2010, 13
the tobacco specialty retail store generated 75% or more of its 14
total gross annual income from the on-site sale of tobacco products 15
and smoking paraphernalia. 16
(b) For each calendar year after the calendar year in which 17
the first affidavit is filed under this subsection, the tobacco 18
specialty retail store generated 75% or more of its total gross 19
annual income from the on-site sale of tobacco products and smoking 20
paraphernalia. 21
(c) The tobacco specialty retail store is located on premises 22
that are physically separated from any areas of the same or 23
adjacent establishments in which smoking is prohibited under this 24
part or part 129 and where smoke does not infiltrate into those 25
nonsmoking areas. As used in this subdivision, "physically 26
separated" means an area that is enclosed on all sides by any 27
combination of solid walls, windows, or doors that extend from the 28
floor to ceiling. 29
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(d) The tobacco specialty retail store prohibits entry to an 1
individual who is less than 21 years of age during the time the 2
tobacco specialty retail store is open for business. 3
(3) (5) The Except as otherwise provide in this subsection, 4
the department may request additional information from a cigar bar 5
or tobacco specialty retail store if the department demonstrates by 6
a preponderance of the evidence that the additional information is 7
needed to verify that the cigar bar or tobacco specialty retail 8
store meets the requirements of this section. A cigar bar or 9
tobacco specialty retail store shall comply with requests from the 10
department under this section. If the department determines that a 11
photograph of a cigar bar or tobacco specialty retail store is 12
needed to verify that the cigar bar or tobacco specialty retail 13
store meets the requirements of this section, the department shall 14
obtain the photograph itself and shall not require the cigar bar or 15
tobacco specialty retail store to provide a photograph. 16
(4) (6) Except as otherwise provided in this subsection, a 17
cigar bar or tobacco specialty retail store that does not meet the 18
requirements of this section or violates this section is not exempt 19
from the smoking prohibition of section 12603 and shall immediately 20
prohibit smoking on its premises. A cigar bar or tobacco specialty 21
retail store that meets the requirements of this section, other 22
than filing the affidavit as required under subsection (1) or (4), 23
(2), retains its exemption and may continue to allow smoking during 24
the period beginning on the date the affidavit is due and ending on 25
the expiration of 21 days after that date. However, if the 26
affidavit remains unfiled after the 21-day grace period, the cigar 27
bar or tobacco specialty retail store is not exempt from the 28
smoking prohibition of section 12603 and shall immediately prohibit 29
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smoking on its premises. A cigar bar or tobacco specialty retail 1
store that loses its exemption under this subsection is not exempt 2
from the smoking prohibition of section 12603, shall immediately 3
prohibit smoking on its premises, and may only again qualify for 4
the exemption under this section by filing an affidavit and meeting 5
the requirements of subsection (1) , or (2), or (4), as applicable. 6
(5) The department shall establish and maintain a webpage on 7
the department's publicly accessible website to receive affidavits 8
submitted under this section. The department shall establish the 9
webpage not later than 180 days after the effective date of the 10
amendatory act that added this sentence. The webpage must meet all 11
of the following requirements: 12
(a) Be accessible to the public at no cost. 13
(b) Allow for a cigar bar or tobacco specialty retail store to 14
submit and amend an affidavit. 15
(c) Provide real-time status updates to a cigar bar or tobacco 16
specialty retail store regarding the status of the cigar bar's or 17
tobacco specialty retail store's affidavit. 18
(d) Allow for a cigar bar or tobacco specialty retail store to 19
select 1 of the following preferred methods of communication: 20
(i) The webpage. 21
(ii) Email. 22
(iii) Telephone. 23
(iv) Mail. 24
(6) This subsection applies beginning January 1, 2028. A cigar 25
bar or tobacco specialty retail store shall submit an affidavit 26
required under this section via the webpage established under 27
subsection (5). The department shall, not later than 30 days after 28
a cigar bar or tobacco specialty retail store submits an affidavit, 29
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determine whether the affidavit is complete and notify the cigar 1
bar or tobacco specialty retail store of its determination via the 2
preferred method of communication that the cigar bar or tobacco 3
specialty retail store selected under subsection (5)(d). If the 4
department does not notify the cigar bar or tobacco specialty 5
retail store within the 30-day period, the affidavit is considered 6
complete. If the department determines that a cigar bar's or 7
tobacco specialty retail store's affidavit is not complete, the 8
cigar bar or tobacco specialty retail store may, not later than 30 9
days after the date of the department's notification, do 1 of the 10
following: 11
(a) Correct the affidavit. 12
(b) Appeal the department's decision. 13
(7) An affidavit submitted under subsection (6) is effective 14
beginning on the date that the affidavit is determined to be 15
complete or the end of the 30-day period described in subsection 16
(6), as applicable. 17
(8) If a cigar bar or tobacco specialty retail store appeals a 18
decision of the department under subsection (6), the department 19
shall conduct a proceeding as a contested case in accordance with 20
chapter 4 of the administrative procedures act of 1969, 1969 PA 21
306, MCL 24.271 to 24.288. 22
(9) If a cigar bar or tobacco specialty retail store otherwise 23
satisfies the requirements of this section, the cigar bar's or 24
tobacco specialty retail store's qualification for an exemption 25
under this section is transferable and is not affected by a change 26
in the ownership, operation, or location of the cigar bar or 27
tobacco specialty retail store. A successor owner or operator of a 28
cigar bar or tobacco specialty retail store may continue, transfer, 29
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Final Page
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relocate, qualify, or requalify the cigar bar or tobacco specialty 1
retail store for an exemption under this section regardless of 2
whether the exemption is active, has lapsed, has been suspended, or 3
has otherwise been lost because of noncompliance with this section. 4
A change in the ownership, operation, or location of a cigar bar or 5
tobacco specialty retail store may occur at anytime, including 6
before, during, or after any period in which an exemption has 7
lapsed, been suspended, or otherwise been lost. A successor owner 8
or operator of a cigar bar or tobacco specialty retail store may 9
apply for, continue, transfer, relocate, qualify, or requalify for 10
an exemption under this section in the same manner and under the 11
same conditions as the predecessor owner or operator. 12