Senate Won't Exempt Cigar Bars From Smoking Ban
Posted on: Friday, 25 April 2008, 12:00 CDT
By Kevin Landrigan, The Telegraph, Nashua, N.H.
Apr. 25--CONCORD -- The state Senate blocked a move Thursday to give cigar bars an exemption from the ban on smoking in all restaurants and cocktail lounges.
The tactic appeared to kill this House-approved bill for the 2008 session.
There were 14 of 24 state senators who wanted to block the bill (HB 1457) by tabling it. It would require 16 of them to agree to take it out of limbo.
Sen. David Gottesman, D-Nashua, wrote the landmark smoking-ban law that went into effect in 2007. It has attracted few complaints from the hospitality industry.
"My guess is this bill will not come off the table," said Gottesman, as supporters began to acknowledge that the bill appeared dead.
This bill would have allowed smoking at businesses where more than 60 percent of the total income comes from cigar sales.
Smoke shops, such as the Castro's Backroom chain, can currently allow smoking because they don't have a food or liquor license.
"We don't serve food or liquor so this doesn't affect us. People can come in and light up in our business, and there's food in the business next door," said Keith Spano of Castro's at 119 Main St. in Nashua.
Sen. Peter Bragdon, R-Milford, said cigar bars appear to be a "unique niche market" and he was willing to consider the bill.
"It's almost like a club. I was at least willing to hear the arguments about it," Bragdon said.
Senate Majority Leader Joseph Foster, D-Nashua, said it was proper to snuff out the bill.
"We think the law is working, and there is no need to make changes to it at this time," Foster added.
Rep. Edward Butler, D-Hart's Location, authored the exemption for the North Conway Village Emporium, which for eight years has had a liquor license and cigar-smoking establishment.
Rep. Joseph Kenney, R-Wakefield, a likely candidate for governor, had wanted to let businesses in place prior to September 2007 be able to ignore the law.
"New Hampshire government would eliminate small business in the northern part of the state," Kenney said, speaking for the Jonathan Bliss family that runs the North Country business.
"There's no reason to be doing this."
Kenney recalls smoking an occasional cigar that was sent for free to soldiers like himself serving in Iraq and Afghanistan.
But Gottesman vigorously opposed the part of the bill that had workers signing an affidavit that would say they choose to work in the cigar bar despite the known health hazards from second-hand smoke.
"I think it's disingenuous to ask our employees to sign a waiver as to their health, and second-hand smoke dangers may be even enhanced when it's cigar smoke," Gottesman said.
Peter Ames with the state chapter of the American Cancer Society, praised the Senate's action.
"Our focus is on the health of workers and that second-hand smoke is deadly to those who are exposed to it," Ames said.
"All employees deserve to be able to depend on working in a smoke-free environment."
The issue split the parties in the Senate with Democratic Sens. Jackie Cilley, of Barrington, and Kathy Sgambati, of Tilton, opposing the move to block the bill.
Republican Sens. Sheila Roberge, of Bedford, and Robert Odell, of Lempster, favored the move to derail it.
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Source: The Telegraph
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