Sippin' and Puffin': Senate Passes Cigar Bar Bill

By Dan Gorenstein on Wednesday, May 13, 2009.

You can’t smoke at your preferred restaurant in New Hampshire. But soon you may be able to drink at your local cigar shop.

New Hampshire Public Radio’s Dan Gorenstein explains.

Two years ago, the state banned smoking in bars and restaurants.

But legislators didn’t touch cigar shops.... there are an estimated 26 around the state.

It’s perfectly legal to smoke in cigar shops, and some apparently allow patrons to bring in booze and beer.

This year proprietors approached lawmakers seeking permission to get liquor licenses and strengthen their businesses.

Democratic Senator Maggie Hassan.

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6:45 the reality is especially for us in the border areas of the state where we have cigar stores in our districts and they are saying five miles from here my customers can go over the border and have a drink with their cigar and I can’t offer that. And it puts a New Hampshire business at a disadvantage.

Somewhat surprisingly, the proposal got a big boost from Senators who backed the smoking ban, including Senator Hassan.

Some Senators who opposed the proposal feared the legislation would weaken the current ban on restaurants and bars.

That law had been put in to help protect customers and employees from second-hand smoke.

But multiple Senators, like Democrat Kathy Sgambati, dismissed the notion that supporting ‘cigar bars’ was hypocritical.

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1:00 it’s not a reversal because we are not allowing smoking in any new places, the cigar bras already exist. And the bill was simply to allow alcoholic beverages to be served in those bars that are already there.

Undeniably, permitting cigar shops to sell alcohol adds to a place’s appeal.

If this bill becomes law- a similar measure has already passed the House- the state will now have something more like a traditional bar.

Currently, a liquor license holder must offer food or live music.

Under this proposal, cigar bars would be prohibited from offering food.

But before enterprising business people out there start looking for ways to convert their country stores and restaurants, Senator Hassan says lawmakers drafted language to curb any cigar bar explosion.

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5:29 the definition we put in says you can’t smoke cigarettes in a cigar bar. Says at least 60% of your in-store sales, not internet or mail order, have to be of premium cigars or related products...so it’s a very narrow group of businesses.

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:32 supporters of the bill say it’s a very narrow issue. However, now that we have granted an exception for one business, I think other businesses can legitimately argue me too.

That’s Peter Ames with the American Cancer Society.

...now that people know the Legislature is willing to create loop holes in the smoke free law, we would expect other people would have an interest in doing so.

Republican Senator John Gallus supported the cigar bar bill and opposed the smoking ban.

He congratulated his colleagues for not over-regulating matters better left to business owners.

But Gallus says anyone worried this legislation is effectively the camel’s nose under the tent, needs to pay closer attention to the Senate’s Democratic majority.

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2:13 I think the group of people we are working with here aren’t going there. When you look around the Senate here, the votes just aren’t there to go anywhere near that subject.

In fact, all the slippery slope talk had one prominent Democratic Senator joke this excessive fear of slippery slopes means everybody in the state would probably be better off staying indoors all winter.

The bill now goes back to the House.

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