HB 5809 Summary

• Modifies the smoking prohibition exemption for tobacco specialty retail stores to lower the required percentage of gross annual income from tobacco sales from 75% to 10% beginning in 2014, matching the cigar bar exemption threshold.

• Establishes a $500 annual filing fee for tobacco specialty retail stores beginning in 2014, with fees designated to cover enforcement costs.

• Clarifies that tobacco specialty retail stores must comply with the same physical separation and age restriction requirements as cigar bars (no entry for persons under 18, enclosed areas with floor-to-ceiling enclosures to prevent smoke infiltration).

• Removes the restriction preventing tobacco specialty retail stores from having any type of liquor, food, or restaurant license, allowing these businesses to operate with such licenses while maintaining exemption status.

• Adds clarification that exempt cigar bars and tobacco specialty retail stores are not considered "food service establishments" subject to the general smoking prohibition in food service facilities.