authorize counties and municipalities to issue a license for a cigar bar.

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

authorize counties and municipalities to issue a license for a cigar bar.

authorize counties and municipalities to issue a license for a cigar bar.

What This Bill Does

• authorize counties and municipalities to issue a license for a cigar bar.
• Official keyword topics: Administrative Procedure Alcoholic Beverages Licensure Public Health and Safety Tobacco Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4790/Detail">Mortenson</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4731/Detail">Andera</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4732/Detail">Arlint</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4747/Detail">Duffy</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4749/Detail">Emery</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4753/Detail">Goodwin</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4771/Detail">Jordan</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4786/Detail">May</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4791/Detail">Muckey</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4795/Detail">Nolz</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4799/Detail">Overweg</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4804/Detail">Pourier</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4812/Detail">Roby</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4813/Detail">Roe</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4816/Detail">Schaefbauer</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4832/Detail">Weisgram</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4773/Detail">Karr</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4741/Detail">Crabtree</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4787/Detail">Mehlhaff</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4803/Detail">Pischke</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4807/Detail">Reed</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4821/Detail">Smith</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4837/Detail">Wipf</a>

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

authorize counties and municipalities to issue a license for a cigar bar.
Official keyword topics:
Administrative Procedure
Alcoholic Beverages
Licensure
Public Health and Safety
Tobacco
Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4790/Detail">Mortenson</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4731/Detail">Andera</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4732/Detail">Arlint</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4747/Detail">Duffy</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4749/Detail">Emery</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4753/Detail">Goodwin</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4771/Detail">Jordan</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4786/Detail">May</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4791/Detail">Muckey</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4795/Detail">Nolz</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4799/Detail">Overweg</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4804/Detail">Pourier</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4812/Detail">Roby</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4813/Detail">Roe</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4816/Detail">Schaefbauer</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4832/Detail">Weisgram</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4773/Detail">Karr</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4741/Detail">Crabtree</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4787/Detail">Mehlhaff</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4800/Detail">Perry</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4803/Detail">Pischke</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4807/Detail">Reed</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4821/Detail">Smith</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4837/Detail">Wipf</a>

Current Bill Text

26.109.44 101st Legislative Session 1215

2026 South Dakota Legislature
House Bill 1215
ENROLLED

AN ACT

ENTITLED An Act to authorize counties and municipalities to issue a license for a
cigar bar.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to chapter 34-46:
A board of county commissioners may approve a license to operate a cigar bar
outside of the boundary of a municipality, within its jurisdiction.
A governing body of a municipality may approve a license to operate a cigar bar
within its jurisdiction.
Section 2. That a NEW SECTION be added to chapter 34-46:
A person may apply to a county or municipality for a license to operate a cigar bar
on the same premises as an establishment licensed under subdivision 35-4-2(4), (6),
(12), or (16).
The governing body of the county or municipality shall hold a public hearing and
make a final decision on the application for a license to operate a cigar bar in the same
manner utilized for an on-sale license application pursuant to § 35-2-1.2.
Section 3. That a NEW SECTION be added to chapter 34-46:
To be eligible for a license issued pursuant to section 1 of this Act, the
establishment must:
(1) Have a humidor on the premises;
(2) Be enclosed by solid walls or windows, a solid ceiling, and a solid door;
(3) Be equipped with a ventilation system so that exhausted air is not recirculated to
nonsmoking areas and smoke is not backstreamed into nonsmoking areas;
(4) Be approved for a license classed under subdivision 35-4-2(4), (6), (12), or (16);
and
26.109.44 2 1215
HB1215 ENROLLED
(5) Generate, or is expected to generate, ten percent or more of its annual gross
income from the sale of cigars.
For purposes of this section, "cigar" means an individual roll of tobacco that has a
wrapper or cover consisting only of tobacco.
Section 4. That a NEW SECTION be added to chapter 34-46:
The provisions of §§ 34-46-13 to 34-46-15, inclusive, do not apply to the premises
of an establishment licensed pursuant to section 1 of this Act, except as provided in this
section.
An establishment licensed pursuant to section 1 of this Act to operate a cigar bar
may permit the smoking of cigars purchased on the premises. An establishment may not
permit the smoking of any other tobacco product on the premises. The establishment shall
post a notice of the prohibition.
An establishment licensed to operate a cigar bar under section 1 of this Act shall
maintain records of the percent of its annual gross income from the sale of cigars, over
the previous three years. The records are subject to inspection by the governing body that
issued the license.
For purposes of this section, "cigar" means an individual roll of tobacco that has a
wrapper or cover consisting only of tobacco.
Section 5. That a NEW SECTION be added to chapter 34-46:
The governing body of a county or municipality may revoke or suspend a license
to operate a cigar bar upon proof that:
(1) The licensee does not meet the requirements provided in section 3 of this Act;
(2) The licensee, or an agent or employee acting on behalf of the licensee, has violated
a provision of this chapter; or
(3) The licensee, or an agent or employee acting on behalf of the licensee, has violated
an ordinance or regulation regarding the sale and distribution of tobacco products.
Section 6. That a NEW SECTION be added to chapter 34-46:
Prior to taking action pursuant to section 5 of this Act, the governing body of the
county or municipality shall hold a hearing.
The governing body shall:
26.109.44 3 1215
HB1215 ENROLLED
(1) Provide notice of the hearing to the licensee, at the address given on the license,
at least thirty days prior to the date of the hearing; and
(2) Publish notice of the hearing in the official newspaper, at least seven days prior to
the hearing.
Section 7. That a NEW SECTION be added to chapter 34-46:
A person issued a license to operate a cigar bar pursuant to section 1 of this Act
may not sell or transfer the license to any other person.
26.109.44 4 1215
HB1215 ENROLLED
An Act to authorize counties and municipalities to issue a license for a cigar bar.

I certify that the attached Act originated in
the:

House as Bill No. 1215

Chief Clerk of the House

Speaker of the House

Attest:

Chief Clerk of the House

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1215
File No. ____
Chapter No. ______

Received at this Executive Office
this _____ day of _____________,

2026 at ____________M.

By
for the Governor

The attached Act is hereby
approved this ________ day of
______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________, 2026
at _________ o'clock __M.

Secretary of State

By
Asst. Secretary of State