MDCH: Cigar Bars are Exempt from Smoking Ban

Contact: James McCurtis, Jr. (517) 241-2112
Agency: Community Health

April 23, 2010

LANSING - After further analysis of the law, the Michigan Department of Community Health (MDCH) has concluded in a released memorandum that if cigar bars meet required criteria, they are exempt from the smoking ban and will be allowed to serve food and drink.

In order to qualify for this exemption, the cigar bar must file an affidavit with the MDCH on or before May 31, 2010 stating that the cigar bar was in existence on May 1, 2010. Cigar bars must continue to file an affidavit with the MDCH on Jan. 31 each year to qualify for exemption. Cigar bars must meet the following requirements:

- In the 30-day period immediately preceding (April 1) the effective date of May 1, 2010, the cigar bar must generate 10 percent or more of its total gross annual income from the on-site sale of cigars AND the rental of on-site humidors.

- The cigar bar must be physically separated from any areas of the same or adjacent establishment in which smoking is prohibited. Smoke may not infiltrate into those non-smoking areas.

- The cigar bar must have an installed on-site humidor.

- The cigar bar must prohibit entry to a person under the age of 18 during the time the cigar bar is open for business.

- Cigars smoked on the premises must retail for more than $1 per cigar.

- The cigar bar must prohibit the smoking of all other tobacco products.

For more information about cigar bars and the new smoking ban law, please visit www.michigan.gov/smokefreelaw or call 1-866-59-SMOKE.