An Act To Promote Equity in Business Opportunity for Tobacco Specialty Stores
Maine Legislature, Session 128, LD 0034
Committee: Health and Human Services
Sponsors: BRAKEY, HAMPER, HEAD, MALABY, O'CONNOR, SANDERSON, SIROCKI, WARD
Amends: 22 MRSA §1542, 28-A MRSA §2, 28-A MRSA §1012, 28-A MRSA §1080

Legislative Document
No. 34
S.P. 13
In Senate, January 10, 2017
An Act To Promote Equity in Business Opportunity for Tobacco 
Specialty Stores
Reference to the Committee on Health and Human Services suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator BRAKEY of Androscoggin.
Cosponsored by Senator: HAMPER of Oxford, Representatives: HEAD of Bethel, MALABY 
of Hancock, O'CONNOR of Berwick, SANDERSON of Chelsea, SIROCKI of Scarborough, 
WARD of Dedham.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1542, sub-§2, ¶L, as amended by PL 2007, c. 180, §2, is 
further amended to read: 
L.  Smoking is not prohibited in a tobacco specialty store.  The on-premises service, 
preparation or consumption of food or drink, if the tobacco specialty store is not 
licensed for such service or consumption prior to January 1, 2007, is prohibited in 
such a store, except that a tobacco specialty store may be licensed as a cigar lounge to 
serve nonalcoholic and alcoholic beverages under the provisions of this paragraph.  
Smoking a waterpipe or hookah is prohibited in a tobacco specialty store that is 
newly licensed or that requires a new license after January 1, 2007. 
As used in this paragraph, "cigar lounge" means a business that: 
(1)  Is licensed as a tobacco specialty store; 
(2)  Occupies a total area of not more than 2,000 square feet; and 
(3)  Derived 60% or more of its gross revenue for the previous calendar year 
from the sale of tobacco-related products. 
A cigar lounge may not sell cigarettes or allow the smoking of cigarettes and may not 
prepare food on premises for sale.  A cigar lounge must provide notice to all 
applicants for employment and employees that working in a cigar 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. 
Smoking a waterpipe or hookah is prohibited in a tobacco specialty store that is first 
licensed or that requires a new license after January 1, 2007. 
Sec. 2.  28-A MRSA §2, sub-§15, ¶B-3 is enacted to read: 
B-3.  "Cigar lounge" means a business that is licensed as a tobacco specialty store 
pursuant to Title 22, section 1542, subsection 2, paragraph L, occupies a total area of 
not more than 2,000 square feet and derived 60% or more of its gross revenue for the 
previous calendar year from the sale of tobacco-related products. 
Sec. 3.  28-A MRSA §1012, sub-§7 is enacted to read: 
7.  Cigar lounge.  The bureau may issue a license as provided in section 1051 to a 
cigar lounge.  The license fee per calendar year is $100. 
Sec. 4.  28-A MRSA §1080 is enacted to read: 
§1080.  Cigar lounge 
The bureau may issue licenses under this section for the sale of spirits, wine and malt 
liquor to be consumed on the premises to cigar lounges as defined in section 2, subsection 
15, paragraph B-3. 
SUMMARY 
This bill allows certain tobacco specialty stores to be licensed as a cigar lounge, 
which may serve nonalcoholic and alcoholic beverages.  A cigar lounge may not sell 
cigarettes or prepare food on premises for sale.  A tobacco specialty store that is a cigar 
lounge must provide notice about the dangers of environmental tobacco smoke to 
applicants for employment and employees.  The cigar lounge license fee is $100.