LINCOLN, Neb.—Some Nebraska lawmakers and anti-smoking advocates say an attempt to exempt cigar bars from a statewide smoking ban could instead start a rush of other bars trying to game the system.
“We open the door to cigar bars and pretty soon we don’t have a smoking ban,” said Sen. Bill Avery of Lincoln.
But Sen. Scott Lautenbaugh of Omaha, who introduced the bill (LB355) that won first-round approval Tuesday, said he won’t let that happen if his measure becomes law.
“If this starts to be abused, I’ll lead the charge to fix it myself,” Lautenbaugh said.
He wants a narrow exemption for what he estimates are a half-dozen businesses in the state that are almost exclusively visited by people who want to enjoy cigars. The bill would prohibit any city or county no-smoking ordinance from trumping the state cigar bar exemption.
The bill originally proposed that smoking be allowed in bars where at least 15 percent of revenue came from the sale of all types of tobacco products, including cigarettes.
Under an amendment that also advanced Tuesday, the figure would decrease to 10 percent but cigarette sales wouldn’t count. Patrons could still buy and smoke cigarettes at the bar.
Other bars are sure to try to abuse the exemption to try to lure customers who want to smoke cigarettes while they drink, said Mike Salkin, vice president of the anti-smoking group GASP of Nebraska Inc.
And there are ways to defeat the safeguards Lautenbaugh is trying to put in place, Salkin said. One way would be to manipulate prices to make sure revenue percentages come out right, he said.
“All they’ve got to do is sell a 5-cent cigar for $2 and give you a free beer,” he said.
That way, the revenue from the beer doesn’t offset the revenue from the cigar, and it’s easier to reach the 10 percent threshold.
Hobert Rupe, executive director of the Nebraska Liquor Control Commission, said state rules already prohibit giving away or selling an unlimited amount of alcohol at one price—such as an all-you-can-drink offer. While the commission is neutral on the bill, Rupe said he’s confident the state could enforce the intent and keep bars from abusing the exemption.
Lautenbaugh said it would take some doing for an establishment to get around the rules. For one thing, he said, a cigar bar owner has to maintain an inventory, which he said can cost tens of thousands of dollars. And his bill would require a cigar bar that makes use of the exemption to have a walk-in humidor, which isn’t cheap, he said.
That’s not always true, said Sen. Russ Karpisek of Wilber. He found online directions for how to make a walk-in humidor for $1,000 to $3,000.
“Someone will find some kind of way around this legislation,” Karpisek said.
The bill advanced to the second round of debate on a 26-14 vote. The statewide smoking ban is set to take effect in June.
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