South Dakota’s prohibition on new cigar bars could go up in smoke if one bill becomes law.
House Bill 1215 gives local governments the power to issue licenses for cigar bars and establishes some rules around them. It allows county commissioners to issue a single license within their jurisdiction. Municipalities can issue one license for every 25,000 residents. Local governments have the power to revoke licenses for violations.
The bill also outlines some general guidelines for the facilities, including proper ventilation and solid structure. A cigar bar would be defined as a place where at least 10% of the annual gross income comes from cigar sales.
Rep. Will Mortenson is the House sponsor. He said the bill leaves a lot of things up to local control.
“I would say a lot of cities won’t want to do this. They’ll say, ‘Hey, we’re good. We’ve been operating this way since the smoking ban took effect. We’re fine.’ That’s their choice," Mortenson said. "The cities that want to though, can. They can set the parameters, set the fees and then people can choose to go or not.”
Others spoke in support, including Sen. Chris Karr.
“It’s not about changing the broader public health laws; those laws stay in place. What this bill does is recognize that a narrowly defined cigar bar is different than a general public space,” Karr said. “It’s a place where adults can choose whether or not to participate.”
Currently, South Dakota operates under a “no smoke law,” that bans smoking tobacco products in public places. That law included an exemption for cigar bars that existed prior to 2009, of which there are only a handful statewide. HB 1215 builds off that exemption and uses similar language, including the 10% revenue threshold.
Jennifer Stalley represents the American Cancer Society and American Heart Association. She was the lone opponent, saying the exemption was made at the time specifically for Stogeez Cigar Lounge in Sioux Falls.
“So, while I agree that there is an exemption in the current law, it was intended to be a very narrow exemption,” Stalley said.
She estimated this law expands the exemption to a potential 66 more exemptions for counties and 14-15 more in municipalities.
Lawmakers on the House State Affairs Committee approve the bill 11-1. It heads to the House floor.
