Smokefree Legislation
Amended “Cigar Bar” Bill Signed
On April 22 Gov. Dave Heineman signed LB355, a bill introduced by Sen. Scott Lautenbaugh purportedly to allow smoking in so-called “cigar bars.” The Unicameral passed the bill on final reading April 17. Because Lautenbaugh failed to garner enough votes to allow the law to take effect June 1, it should take effect in early September.
To qualify as a “cigar bar,” businesses must:
- Hold a Class C liquor license;
- Not sell food;
- Not allow cigarette smoking;
- Annually receive 10% or more of its gross revenue from the sale of cigars and other tobacco and tobacco-related products, except from the sale of cigarettes;
- Not discount alcohol if sold in combination with cigars or other tobacco products and tobacco-related products;
- Have a walk-in humidor on the premises;
- Pay a nonrefundable application fee of $1,000.
LB355 overrides local ordinances in Omaha, Lincoln, Grand Island and Humboldt with respect to cigar bars in those communities.
For more information on the statewide smoke-free worksite law set to go into effect June 1, go to http://www.smokefree.ne.gov.
A Busy Month For Secondhand Smoke and the Law
The passage of LB355 capped a busy month regarding smoke-free worksite laws. On April 9, former Nebraska Supreme Court Justice Norman Krivosha issued an opinion that the cigar bar exemption would most likely be ruled unconstitutional by the Nebraska Supreme Court if challenged. He based his opinion on that court’s findings of exemptions for free-standing bars, keno licensees and Horseman’s Park in the Omaha ordinance.
Taking the opposite view was Nebraska Attorney General John Bruning in a statement released April 16. He said the law passes two “tests” which the Omaha ordinance did not, in that it didn’t grant special privileges to certain businesses, and that it adequately explained its intent.
To add even more interest, Douglas County District Judge Mark Ashford ruled April 16, he could not uphold exemptions in the Omaha smoke-free worksite ordinance for outdoor areas, a percentage of hotel and motel rooms, research laboratories and tobacco-only retailers. His ruling was in a suit brought by Big John’s Billiards owner Will Prout against the city of Omaha.
“Nothing in the ordinance’s purpose explains why employees of the exempted facilities, or members of the public patronizing those establishments, are not entitled to have their health and welfare protected,” Ashford wrote.
City officials said the questions presented by Ashford’s ruling could be answered when the new Nebraska Clean Indoor Air Act takes effect June 1 because it clearly regulates smoking in indoor areas only. The city could: appeal the decision; write a new ordinance addressing Ashford’s objections; or simply repeal the local ordinance.
The Smoke-free Omaha newsletter is published in collaboration with the Metro Omaha Tobacco Action Coalition (MOTAC) and is supported in part by Region 6 Behavioral Healthcare through funding provided by the Nebraska Health and Human Services System/Tobacco Free Nebraska Program as a result of the Tobacco Master Settlement Agreement.
Smokefree Indoor Air Comes At Last
On June 1, 2009, all of Nebraska will be protected by a strong smokefree worksite law. Until that time, strong ordinances in Omaha, Lincoln, Grand Island and Humboldt will protect the citizens of those communities from secondhand smoke.
A trying path to smokefree air began as the Nebraska Unicameral considered LB395, a strong measure covering most worksites. On February 26, Governor Dave Heinemann signed the bill, citing public health concerns. The Nebraska Unicameral had overwhelmingly approved the measure February 22, with a vote of 34-14. State Senator Joel Johnson of Kearney, primary sponsor, successfully fought off an attempt to weaken the bill with an opt-out provision, which would have allowed local communities to choose not to follow the law.
The Act eliminates smoking in enclosed indoor workspaces including restaurants, bars, keno establishments and other workspaces (retail,office space, manufacturing, etc.) and indoor public places. The only exceptions are the following:
- up to 20 percent of hotel rooms
- tobacco-only retailers defined as “store that sells only tobacco and products directly related to tobacco. Products directly related to tobacco do not include alcohol, coffee, soft drinks, candy groceries or gasoline.”
- facilities researching the health effects of smoking
- private residences, except when a residence is being used as a licensed child care program.
Legislation in Omaha
The city of Omaha now has a comprehensive smokefree worksite ordinance. The path to a smokefree city officially started in June of 2006, when the Omaha city council approved an ordinance with multiple exemptions, which would expire in 2011. A local bar and restaurant owner filed suit, claiming the ordinance was unconstitutional. Her case made it to the Nebraska Supreme Court, which ruled on May 30, 2008, that the specific exemptions for free-standing bars, keno locations and Horsemen’s Park were indeed unconstitutional. The court left intact the rest of the ordinance.
Unless a more stringent individual workplace policy exists, here are the only indoor workplaces within the Omaha city limits where smoking is allowed:
- private homes used as a business (except as a licensed daycare)
- some extended care/nursing home rooms
- up to 20 percent of hotel and motel rooms (if so designated)
- retailers that sell only tobacco and products directly related to tobacco
- medical research facilities conducting legitimate research on the effects of tobacco.
For the revised Omaha ordinance, please click here
Legislation in Grand Island
On March 3, Grand Island’s city council enacted a comprehensive smokefree worksite ordinance, which took effect June 1, 2008. Twenty percent of hotel and motel rooms are exempt from the ordinance, as are state and federal smoking research laboratories. Before the final vote, the group removed a provision that would also prohibit smoking within 10 feet of an establishment’s doorway.
Legislation in Humboldt
The Humboldt City Council voted three to two on May 6, 2008, to adopt a comprehensive smokefree worksite ordinance, which became effective June 1, 2008. Councilman Mike Riley said the ordinance was modeled after the Grand Island ordinance.
If you have any questions about these laws, contact Smokefree Omaha℠ at .
