An Act To Promote Equity in Business Opportunity for Tobacco Specialty Stores
Maine Legislature, Session 127, LD 0821
Committee Amendment CA_A_S262 (Senate)
Amends: 22 MRSA §1541, 22 MRSA §1542, 28-A MRSA §2, 28-A MRSA §1012, 28-A MRSA §1080

FmST REGULAR SESSION 
COMMITTEE AMENDMENT " A " to S.P. 295, L.D. 821, Bill, "An Act To 
Promote Equity in Business Opportunity for Tobacco Specialty Stores" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Promote Equity in Business Opportunities for Cigar Lounges' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §1541, sub-§l-A is enacted to read: 
I-A. Electronic nicotine delivery device. "Electronic nicotine delivery device" 
means any noncombustible device containing or delivering nicotine or any other 
substance intended for human consumption that employs a heating element, power 
source, electronic circuit or other electronic, chemical or mechanical means and that may 
be used to simulate smoking through inhalation of vapor or aerosol from the device, 
including, without limitation, a device manufactured, distributed, marketed or sold as an 
electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape 
pen. "Electronic nicotine delivery device" does not include any product regulated as a 
drug or device by the United States Food and Drug Administration under Chapter V of 
the Food, Drug and Cosmetic Act. 
Sec. 2. 22 MRSA §1541, sub-§2-A is enacted to read: 
2-A. Cigar lounge. "Cigar lounge" means a business that: 
A. Is licensed to sell spirits, wine and malt liquor on premises under Title 28-A. 
section 1012, subsection 7 and Title 28-A, section 1080; 
B, Is licensed to sell tobacco under section 1551-A; 
C. Occupies a total area of not more than 2,000 square feet; and 
D, Derived 60% or more of its gross revenue for the previous calendar year from the 
sale of tobacco-related products. 
COMMITTEE AMENDMENT 
~~ 
~O 
COMMITTEE AMENDMENT" A "to S.P. 295, L.D. 821 
Sec. 3. 22 MRSA §1541, sub-§7, as enacted by PL 2005, c. 223, §1, is amended 
to read: 
7. Tobacco specialty store. "Tobacco specialty store" means a retail business under 
2,000 square feet in which at least 60% of the business's gross revenue for the last 
calendar year was derived from the sale of tobacco or tobacco-related products. 
"Tobacco specialty store II does not include a licensed cigar lounge. 
Sec. 4. 22 MRSA §1542, sub-§2, ~O is enacted to read: 
O. 
Smoking, other than cigarette smoking, is not prohibited in a licensed cigar 
lounge as long as: 
(1) Cigarettes are not offered for sale or sold in the lounge; 
(2) Smoking of cigarettes is not allowed in the lounge; 
(3) Use of electronic nicotine delivery devices is not allowed in the lounge; 
(4) Food is not prepared on the premises for sale; and 
(5) Notice is provided to all applicants for employment and employees that work 
in the lounge that working in the lounge may cause serious negative health 
effects including an increased risk of cancer and heart disease and that no level of 
exposure to environmental tobacco smoke is safe. 
Sec. 5. 28-A MRSA §2, sub-§15, fB-3 is enacted to read: 
B-3. "Cigar lounge II means a business that: 
(1) Is licensed to sell spirits, wine and malt liquor on premises under section 
1012, subsection 7 and section 1080; 
(2) Is licensed to sell tobacco under Title 22, section 1551-A; 
(3) Occupies a total area of not more than 2,000 square feet; and 
(4) Derived 60% or more of its gross revenue for the previous calendar year 
from the sale of tobacco-related products. 
Sec. 6. 28-A MRSA §1012, sub-§7 is enacted to read: 
7. Cigar lounge. In accordance with sections 1051 and 1080, the bureau may issue a 
license to a cigar lounge. The license fee per calendar year is $100. 
Sec. 7. 28-A MRSA §1080 is enacted to read: 
§1080. Cigar lounge 
1. Issuance. The bureau may issue to a cigar lounge a license in accordance with 
this section for the sale of spirits, wine and malt liquor to be consumed on the premises of 
the cigar lounge. 
2. Restrictions. A person under 21 years of age may not be permitted on the 
premises of or employed by a cigar lounge licensed in accordance with this section.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 295, L.D. 821 
SUMMARY 
This amendment, which is the maj ority report of the committee, amends the bill by 
prohibiting the use of electronic nicotine delivery devices in cigar lounges and prohibiting 
a person under 21 years of age from being on the premises or employed by the cigar 
lounge. It clarifies that a cigar lounge license under the Maine Revised Statutes, Title 
28-A is required for a cigar lounge to operate. 
fISCAL !'iOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/13115 
Ma~ 
LD 821 
LR 871(02) 
An Act To Promote Equity in Business Opportunity for Tobacco Specialty Stores 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "ff'{S-:J).Ji;] ') 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Any additional costs/revenue to the Department of Health and Human Services to adopt the changes in this bill are 
expected to be minor and can be absorbed within existing budgeted resources. Any additional costs and revenue to the 
Bureau of Alcoholic Beverages and Lottery Operations within the Department of Administrative and Financial 
Services from issuing licenses to cigar lounges are expected to be minor. 
LR0871(02) - Fiscal Note - Page 1 of 1