Summary of Montana H.B. 285
This measure provides for the operation of cigar bars in the state, clarifies that a “cigar bar” is not a “bar”, and provides a definition for “cigar”.
This measure provides that an all-beverage licensee may operate a cigar bar. A cigar bar may permit the smoking of cigars in the public place on the premises. Only cigars that are purchased on the premises may be smoked.
The measure provides that a cigar bar must generate 10% or more of its annual gross income from the sale of cigars, have a humidor on the premises, must have a public place that is enclosed by solid walls or windows, a ceiling, and a solid door and is equipped with a ventilation system by which exhausted air is not recirculated to nonsmoking areas and smoke is not back streamed into nonsmoking areas if the cigar bar is indoor, must post a notice of the prohibition against smoking of products other than cigars, and may not knowingly sell to or permit entrance to any person less than 21 years of age.
The measure provides that a cigar bar is not included in the definition of “bar” under law. “Cigar” means premium tobacco products that:
(i) are composed of only tobacco leaves, water, and a de minimis amount of vegetable-based adhesive;
(ii) are handmade and are not machine made;
(iii) are wrapped in whole leaf tobacco;
(iv) contain 100% leaf tobacco binder;
(v) are capped by hand;
(vi) do not have a filter, tip, or nontobacco mouthpiece;
(vii) have a characterizing flavor that is added through a natural process such as mixing different types of tobacco leaves, soaking, or aromatic smoking and are not flavored through a chemical process or other means; and
(viii) weigh at least 2.7 grams per cigar.
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