This bill amends the Public Health Code to provide specific exemptions from smoking prohibitions for cigar bars and tobacco specialty retail stores that were in existence on May 1, 2010, provided they meet certain criteria. Cigar bars must file an affidavit annually certifying that they generate at least 10% of their gross annual income from the sale of cigars and rental of humidors, are physically separated from non-smoking areas, and prohibit entry to individuals under 21 years of age. The bill also clarifies that the affidavit must be submitted not later than January 31 each year, and it introduces a new requirement for the Department to establish a publicly accessible webpage for the submission and management of these affidavits.

Additionally, the bill outlines the consequences for cigar bars and tobacco specialty retail stores that fail to meet the requirements or do not file the necessary affidavits. If they lose their exemption, they must immediately prohibit smoking on their premises. The bill also establishes a process for appealing decisions made by the Department regarding the approval or rejection of submitted affidavits, ensuring that businesses have a clear path to compliance and recourse if their affidavit is rejected. The new provisions aim to streamline the process for maintaining exemptions while ensuring public health standards are upheld.

Statutes affected:
House Introduced Bill: 333.12606