An Act To Promote Equity in Business Opportunity for Tobacco Specialty Stores
Maine Legislature, Session 128, LD 0034
Committee Amendment CA_A_S63 (Senate)
Amends: 22 MRSA §1542, 22 MRSA §1551-A, 22 MRSA §1552, 28-A MRSA §2, 28-A MRSA §1001, 28-A MRSA §1003, 28-A MRSA §1004, 28-A MRSA §1005, 28-A MRSA §1080

COMMITTEE AMENDMENT" f\ "to S.P. 13, L.D. 34, Bill, "An Act To Promote 
Equity in Business Opportunity for Tobacco Specialty Stores" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §1542, sub-§2, 10 is enacted to read: 
0. Smoking, other than cigarette smoking, is not prohibited in a cigar lounge 
licensed under section 1551-A, subsection 1-A as long as: 
(1) Cigarettes are not offered for sale or sold in the cigar lounge; 
(2) Food is not prepared on the premises; and 
(3) Notice is provided to all applicants for employment and employees that work 
in the cigar lounge that working in the 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. 
Sec. 2. 22 MRSA §1551-A, sub-§1-A is enacted to read: 
1-A. Cigar lounge retail tobacco license. The department may, upon application 
and payment of the fee in accordance with section 1552, issue a retail tobacco license that 
allows a retail business to operate as a cigar lounge subject to the provisions of section 
1542, subsection 2, paragraph O if the retail business: 
A. Occupies a retail business space less than 2,000 square feet in area; and 
B. Derived at least 60% of its gross revenue for the last calendar year from the sale 
of tobacco or tobacco-related products. 
A cigar lounge licensed under this subsection may obtain a retail liquor license issued by 
the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages 
and Lottery Operations as a cigar lounge under Title 28-A, Part 3, subpart 2. 
COMMITTEE AMENDMENT 
·;.:. , ;r ,\ 
COMMITIEE AMENDMENT "A "to S.P. 13, L.D. 34 
Sec. 3. 22 MRSA §1552, sub-§1, as amended by PL 2009, c. 199, §1, is further 
amended to read: 
1. Application process; license fees. An applicant for an annual retail tobacco 
license shall file an application in the form required by the department. The department 
shall make provisions for applications under this section. The department shall determine 
annually by rulemaking the fee for a retail tobacco license, including the proration of an 
initial license that is issued for less than one year, except that, in the case of a retail 
tobacco license that allows the licensee to operate as a cigar lounge, the license fee must 
be $100 greater than the otherwise applicable retail tobacco license fee. The applicant 
shall enclose the fee with the application for the license. Rules adopted pursuant to this 
section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 4. 28-A MRSA §2, sub-§15, 18-3 is enacted to read: 
B-3. "Cigar lounge" means a cigar lounge licensed under Title 22, section 1551-A, 
subsection 1-A. 
Sec. 5. 28-A MRSA §1001, sub-§3, 18-2 is enacted to read: 
B-2. Cigar lounges; 
Sec. 6. 28-A MRSA §1003, sub-§3, 18-2 is enacted to read: 
B-2. Cigar lounges; 
Sec. 7. 28-A MRSA §1004, sub-§3, 18-3 is enacted to read: 
B-3. Cigar lounges; 
Sec. 8. 28-A MRSA §1005, sub-§3, 18-3 is enacted to read: 
B-3. Cigar lounges; 
Sec. 9. 28-A MRSA §1080 is enacted to read: 
§1080. Cigar lounge 
1. Issuance of licenses. The bureau may issue a license under this section to a cigar 
lounge for the sale of spirits, wine and malt liquor to be consumed on the premises. 
2. Restrictions. A person who has not attained 21 years of age may not be permitted 
on the premises of or employed by a cigar lounge licensed in accordance with this 
section.' 
SUMMARY 
This amendment is the minority report of the committee. It replaces the bill. It 
requires that a cigar lounge be licensed by the Department of Health and Human Services 
in order to allow smoking, other than cigarette smoking, and to serve food that has not 
been prepared on the premises. It also allows cigar lounges to seek a liquor license from 
the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 13, L.D. 34 
and Lottery Operations. The amendment provides that the cigar lounge license fee of 
$100 is in addition to the required license fee for a retail tobacco license and the type of 
liquor license sought. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/19/17 feac. 
LD34 
LR 591(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 A " 
Committee: Health and Human Services 
( S _ U 3 \ 
Fiscal Note Required: Yes 
?) 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Any additional costs to the Department of Health and Human Services (DHHS) to implement the provisions of this 
bill are expected to be minor and can be absorbed within existing budgeted resources. An operator of a cigar lounge 
will be required to obtain a license, increasing licensing revenue by a small amount. 
This bill allows a Cigar Lounge to obtain a Class I, Class II, Class III or Class IV Liquor License from the Bureau of 
Alcoholic Beverages and Lottery Operations (BABLO) if it has received a cigar lounge retail tobacco license from 
DHHS and does not allow persons under 21 years of age on the premises. Any additional costs to BABLO to 
implement the provisions of this bill are expected to be minor and can be absorbed within existing budgeted resources. 
Additional revenue from the issuance of licenses by BAB LO is expected to result in a minor increase in General Fund 
revenue. 
LR0591(02) - Fiscal Note - Page 1 of 1