Wisconsin Introduces Bill Allowing For New Cigar Bars
The Badger State is following the lead of other states nationwide by aiming to make cigar smoking more accessible to enthusiasts. Last week, a new bill was introduced in the Wisconsin State Assembly that would allow for the creation of new cigar bars for the first time since 2009. Assembly Bill 451, endorsed by the Premium Cigar Association (PCA), has been referred to the Committee on State Affairs. The goal for AB 451 is advancement through at least one chamber of the State Legislature by the year’s end, with final acceptance in early 2024.
Presently, a select number of cigar bars do exist in Wisconsin, but on a limited basis. As the law currently stands, a cigar bar has to have been in business no later than June 3, 2009 to legally operate as a bar that allows smoking. Any business initiated after that date cannot allow smoking and drinking on the premises. AB 451 simply aims to remove that date restriction, thereby allowing for the creation of new cigar bars.
The new bill would require a few standard parameters such as requiring the establishment to have at least 15 percent of gross annual income derived from on-premise sales of cigars or pipe tobacco. Additionally, only cigars and pipes would be permitted on-location under AB 451—cigarettes and vaping products would be forbidden.
The bill’s primary sponsor is Republican Rep. Nate Gustafson, who’s joined by 22 additional sponsors in the State Assembly and six members in the State Senate.
“Yesterday we had a productive discussion with Representative Gustafson’s office, and PCA provided its endorsement of the bill,” says Glynn Loope, director of state advocacy for the PCA, noting that Gustafson’s office feels confident about the bill.
“Once again, legislators are recognizing that cigars are different,” Loope adds.
The latter point has become a rallying cry across the industry in recent legislative endeavors, at local and federal levels. In 2023 alone, several states have loosened restrictions on cigar smoking and taxes, such as Connecticut which passed a bill mirroring AB 451 earlier this year, as well as legislation in Nevada, North Dakota, Montana, Idaho and more.
As of last week, however, the battle at the federal level continues to wage on. The collective, industry-wide sigh of relief lasted just a brief moment as the FDA appealed the ruling issued last month that spared cigarmakers from the Deeming Rule, which enables the FDA to regulate how cigars are made, marketed and consumed. The appeal process is expected to be a timely one, likely stretching well into 2024.
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