House approves narrow 'cigar bar' exemption, setting 25% sales threshold and local limits

FRANKFORT, Ky. — The Kentucky House on Tuesday approved House Bill 194, creating a narrowly defined exemption to allow indoor cigar smoking in venues that meet specified conditions, including a threshold requiring 25% of gross annual revenue from cigars and related items.

The sponsor (the gentleman from Jefferson 29) said the measure does not roll back existing municipal smoke-free laws. “If you don't want to be exposed to cigar smoke in a public place where smoke free laws currently exist, nothing in this bill changes your ability to maintain that separation,” the sponsor said, and added the bill’s definition is limited to businesses that qualify as a cigar bar.

Under the committee substitute adopted on the floor, a qualifying cigar bar must derive 25% of gross annual revenue from the sale of cigars, pipe tobacco, accessories or the rental of humidors; maintain a retail drink license for on-premises alcohol sales unless a local government permits operation without alcohol; restrict entry to those 21 and older; and implement measures if sharing a wall or enclosed airspace with other structures to prevent smoke migration. The bill also requires a smoke-free delivery space for drivers and signage at the entrance to warn patrons.

General from Campbell 67 questioned why cigarettes, vapes and medical cannabis were excluded; the sponsor replied the business model of cigar bars traditionally does not mix those products. Representative from Fayette 76 said she would vote no because her district has a strong indoor smoking ban and constituents worried the bill could roll that back.

The House recorded 69 ayes and 24 nays; House Bill 194, as amended by House Committee Substitute 1, passed and the clincher was applied.