Council tables cigar-lounge ordinance amid legal and enforcement questions
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Summary
Clarksburg council took first reading of an ordinance to authorize and regulate cigar lounges and smoking lounges but voted to table further action after residents and council members raised legal questions about preemption by the health department and enforcement capacity.
Clarksburg — Council members on Dec. 18 considered a first reading of an ordinance that would authorize and regulate cigar lounges, cigar bars, and smoking lounges, including ventilation and licensing standards. The ordinance text is intended to allow properly ventilated cigar establishments while excluding other products such as hookah unless separately designated.
Joyce Rabinau, a retired health-care provider and former member of the Board of Health, told council she opposed the ordinance and said the local health board previously voted down a similar proposal; she warned municipal ordinances can be preempted by county health regulations. “They supersede your ordinance that you're trying to pass,” Rabinau said during public comment.
Council members asked the city attorney and staff to clarify whether a municipal ordinance would conflict with the combined Clarksburg–Harrison County health department’s regulations and whether city enforcement has the capacity and equipment to verify strict ventilation standards. The executive director of the health board had previously told council that the Board of Health vote in November carried, but some board members later raised procedural questions.
Because of those unresolved legal and practical questions, council voted to table the cigar-lounge ordinance until staff completes further review and obtains legal guidance and, if necessary, technical verification plans for enforcement.