The bill amends the Public Health Code to provide specific exemptions for cigar bars and tobacco specialty retail stores from the smoking prohibition established in section 12603. Cigar bars that were in existence on May 1, 2010, can allow smoking if they meet certain criteria, including filing an affidavit with the department by January 31 each year, certifying that they generate a minimum percentage of their income from the sale of cigars and have appropriate physical separation from non-smoking areas. The bill also introduces provisions for successor owners of cigar bars, allowing them to certify income generation and requiring quarterly reports to ensure compliance.

Additionally, the bill establishes a new requirement for the department to create a publicly accessible webpage for the submission and management of affidavits related to these exemptions. This webpage must allow for real-time updates and various communication methods. The bill also outlines a process for determining the completeness of submitted affidavits and provides for appeals in case of disputes. Furthermore, it clarifies that the exemption qualification is transferable, meaning that changes in ownership or location do not affect the ability to maintain the exemption as long as the requirements are met.

Statutes affected:
Substitute (H-1): 333.12606
House Introduced Bill: 333.12606
As Passed by the House: 333.12606