Bill Would Allow New Bars To Offer Indoor Cigar, Pipe Smoking

Shaker’s Cigar Bar. Photo by Michael Horne.

A bill working its way through the Wisconsin State Legislature would allow indoor smoking at taverns for the first time in nearly 15 years — but not without substantial caveats.

If passed, the bill would exempt certain bars from a statewide smoking ban that went into effect in July 2010, given they generate at least 15% of annual income from the sale of cigars or pipe tobacco, which cannot be sold via vending machine. It would not allow cigarette smoking.

Under current law, tobacco bars that existed on June 3, 2009 are exempt from the general smoking ban. In Milwaukee, that includes establishments such as Shaker’s Cigar Bar and Uhle’s Tobacco Company.

The bill, introduced Sept. 29, alters a simple — but key — portion of the original smoking ban by eliminating the 2009 cutoff.

The change would allow new and existing taverns to be licensed as tobacco bars, which would, in turn, permit smoking on-premises. The bill is limited to cigars and pipe tobacco only, and excludes cigarettes, e-cigarette, hookah and other smoking materials, according to License Division Manager Jim Cooney.

As a result, the bill — if passed — is unlikely to bring about major change, Cooney said. “There will be more folks that apply for it, I’m sure,” he said, but noted that it’s “unlikely to result in a huge rush of new licenses.”

City officials showed general support for the bill during an Oct. 2 meeting of the Judiciary & Legislation Committee, though some alders expressed concern over enforceability.

“I don’t want to have some bar take advantage of this and try to circumvent the law,” said Alderman Michael Murphy, who raised questions about how the taverns would be regulated. He suggested that an amendment be added to the bill to allow audits to substantiate the 15% threshold. “If this is narrowly tailored, then we should have the authority — on occasion — to do an audit to determine if it’s accurate or not.” The committee voted to register the city in support, if the change is made.

At the state level, council lobbyist Justin Moralez said the bill is likely to pass. “You can see this actually gaining some traction and maybe making it to the governor,” he said.

Senate cosponsors include Dan Knodl (R-Germantown), Steve Nass (R-Whitewater) and Cory Tomczyk (R-Mosinee). Van Wanggaard (R-Racine) was initially listed as a co-sponsor but withdrew on Oct. 5.

Assembly co-sponsors of the bill include Reps. Nate Gustafson (R-Neenah), Clinton Anderson (D-Beloit), David Armstrong (R-Rice Lake), Elijah Behnke (R-Oconto), Amy Binsfeld (R-Sheboygan). Ty Bodden (R-Hilbert), Janel Brandtjen (R-Menomonee Falls), Calvin Callahan (R-Tomahawk), Alex Dallman (R-Green Lake), Robert Donovan (R-Greenfield), Chanz Green (R-Grand View), Rick Gundrum (R-Slinger), Scott Johnson (R-Jefferson), Joel Kitchens (R-Sturgeon Bay), Paul Melotik (R-Grafton), Jon Plumer (R-Lodi), Treig Pronschinske (R-Mondovi), Nik Rettinger (R-Mukwonago), Peter Schmidt (R-Bonduel), Michael Schraa (R-Oshkosh), Shae Sortwell (R-Two Rivers), David Steffen (R-Green Bay) and Chuck Wichgers (R-Muskego). Darrin Madison (D-Milwaukee) was initially listed as a co-sponsor but withdrew Oct. 2.

Registered in opposition are the American Cancer Society Cancer Action Network, American Heart Association, Bellin Gundersen Health System, Inc., Coalition of Wisconsin Aging Groups, Wisconsin Association of Local Health Departments and Boards, Wisconsin Chapter of the American Academy of Pediatrics, Wisconsin Medical Society, Wisconsin Public Health Association and Wisconsin Society for Respiratory Care. Americans For Prosperity is the lone organization registered in support.

In a statement, Molly Collins, advocacy director for Wisconsin for the American Lung Association, asked committee members to oppose the bill. “Allowing more tobacco bars creates a significant loophole in clean indoor air protections and weakens decades of progress in preventing exposure to secondhand smoke and reducing tobacco use,” she said. “We should not go backwards.”