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Sniff, sniff. Cigar smokers smell victory at hand as two new cigar bars -- Ravenite Cigar Bar & Lounge and Havana Garage -- get ready to open.
The Nebraska Liquor Control Commission recently approved rules to facilitate a new state law that exempts cigar bars from the statewide public smoking ban.
Under those rules -- which are still waiting approval from the governor and attorney general -- to become a cigar bar, businesses would have to obtain a special liquor license, install a walk-in humidor (a special room with temperature and humidity controls for storing and displaying cigars), generate at least 10 percent of their gross revenue from tobacco sales (except cigarettes), and would be prohibited from allowing cigarette smoking and selling food. (Tobacco shops also are exempt from the statewide smoking ban.)
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While ordinances and state laws have kept public places free of smoke, it has increased the amount of cigarette litter on the street.
This month Keep Sidney Beautiful kicked off its Cigarette Litter Prevention Program to help fix that problem. The program is designed to help educate the public about properly disposing of cigarette butts. These strategically-placed ash trays serve as a reminder that partially-smoked cigarettes, matches and packaging all classify as litter.
Grant funding was used to purchase 11 ash receptacles to be placed in the downtown district.
Keep America Beautiful awarded Keep Sidney Beautiful $1,500 to purchase these receptacles.
An Omaha pool hall owner has renewed his legal challenge of the state's smoking ban.
Big John's Billiards has filed a revised complaint in Lancaster County District Court to argue the ban that went into effect June 1 is unconstitutional.
The statewide smoking ban includes exemptions for cigar bars, some hotel rooms, tobacco-only retailers, facilities that do research on the health effects of smoking, and private residences.
Big John's argues that the exceptions to the ban are unfair and should make the ban unconstitutional.
A policy banning outdoor tobacco use on county-owned property is disappearing like smoke.
The proposed policy would have banned tobacco use on all property owned, leased or controlled by Lancaster County - including buildings, grounds, parking areas, and offices and road shops in small towns.
The County Board had discussed the proposal several times with the idea of having it in place by Tuesday.
But that won't happen now.
At a Thursday staff meeting, Commissioner Larry Hudkins called it a burden to use county employees acting as "police" to enforce the ban.
Sue Eckley, the county's risk manager, said a training program - similar to one used by BryanLGH Medical Center - would be conducted and a protocol established for approaching violators.
Nebraska's first cigar bars under a new law could start appearing in October.
The law, which prohibits such bars from serving food or allowing smoking, takes effect later this month. But first, the state Liquor Control Commission must establish rules on how it will enforce the law.
All eligible cigar bars must post at least 10 percent of their sales from cigars. The bars also must have a walk-in humidor that fits more than two people.
Now that an anti-smoking group has lost the fight over whether cigar bars exist in Nebraska, it's focusing on where the smoke blows.
Mark Welsch, president of the Group to Alleviate Smoking Pollution, told regulators Thursday that smoking in cigar bars shouldn't be exempt from the state's anti-smoking law if smoke infiltrates neighboring shops or businesses.
Welsch, speaking before the Liquor Control Commission during a public hearing in Lincoln, also said a rule requiring ventilation systems in cigar bars should be struck down. He said it gives the impression that the air is clean.
Only an "indoor tornado" could make cigar-bar air safe, added Cindy Jeffrey of Lincoln, executive director of Health Education Inc. "And that's probably not practical."
It will be at least October before the first patron can legally light up in a Nebraska cigar bar.
Hobert Rupe, executive director of the Nebraska Liquor Control Commission, said Thursday the wait will depend on how quickly a set of rules and regulations moves through the approval process.
He commented after a commission hearing on draft rules and regulations. The commission is expected to vote at its September meeting on adopting -- and possibly amending -- those rules.
A new state law takes effect Aug. 30 exempting specially licensed cigar bars from the statewide public smoking ban.
The exemption is in addition to those for tobacco shops, some hotel rooms, laboratories used for research on smoking and home-based businesses.
As workers hurried to remodel space at 14th and P streets for the new Jake's Cigars & Spirits, the state Liquor Control Commission on Thursday heard testimony on proposed rules for the smoking-ban exempted bars.
While the cigar bar exemption isn't expected to cause a rash of new bars to skirt the state law, there are some new ones opening -- including Jake's and one in Omaha's Old Market.
Much of the discussion on the rules draft centered on humidors and ventilation. Commissioners didn't vote Thursday, but will when they meet in September.
John Larkin, co-owner of Jake's, cautioned the commission on getting too detailed on rules about humidors and ventilation.
The cigar bar law (LB355) will go into effect Aug. 30. The state Liquor Control Commission will make a final decision on the proposed rules at its September meeting.
The draft rules include:
* Bars cannot sell food.
* Cigarette smoking is not permitted.
An effort to snuff out a statewide smoking ban is still alive - for now.
A judge on Thursday did not rule on a motion from the state to reject an Omaha pool hall's request to declare the ban unconstitutional. Lancaster County District Judge Jodi Nelson instead gave attorneys on both sides two more weeks to file motions in the case.
Big John's Billiards is fighting the law that took effect June 1, saying the law's exemptions are arbitrary.
Attorneys for the state argued Thursday that the court lacks jurisdiction over both the subject matter in the case and the state itself. The state also argues that Big John's lawsuit failed to include all the parties with an interest in the case, such as local officials who enforce the law.
"It would be unwieldy and inappropriate to name every local official," responded Ted Boecker, attorney for Big John's.
LINCOLN -- A Lancaster County judge heard arguments Thursday that she should dismiss a challenge to Nebraska's smoking ban.
District Court Judge Jodi Nelson made no immediate ruling on the request, made by attorneys for the state.
Big John's Billiards, an Omaha pool hall, filed the challenge against the state law banning smoking in public buildings and workplaces.
The company argues that exemptions to the ban are arbitrary and amount to special legislation in violation of the state constitution. It also argued that the ban would harm the pool hall's business.
Nebraska's smoking ban now exempts tobacco shops, some hotel rooms, laboratories used for research on smoking and home-based businesses. Starting Aug. 30, it also will exempt specially licensed cigar bars.
LINCOLN -- A Lancaster County judge heard arguments today about whether to dismiss a challenge to Nebraska's smoking ban.
District Court Judge Jodi Nelson made no immediate ruling on the request, made by attorneys for the state. She said she would decide the case after receiving legal briefs from both sides.
Big John's Billiards, an Omaha pool hall, filed the challenge against the state law banning smoking in public buildings and workplaces. The company argues that exemptions to the ban are arbitrary and amount to special legislation in violation of the Nebraska Constitution. It also argued that the ban would harm the pool hall's business.
Smoking or using other tobacco products on the grounds of all county-owned, -leased or -controlled property could be banned as of Sept. 1.
The ban, which is contained in a proposed "tobacco-free campus" policy, was presented to the Lancaster County Board on Thursday.
State attorneys have asked a Lancaster County district court to reject an Omaha pool hall's request to declare Nebraska's new smoking ban unconstitutional.
Big John's Billiards is fighting the law that took effect June 1, saying the law's exemptions are arbitrary. . . .
In arguments submitted Monday, the state says the court doesn't have jurisdiction over the state or the issue.
A hearing on the matter is set for Aug 6.
Ted Boecker (BECK-ur) said this week's ruling isn't a final determination and Big John's Billiards will continue to try and prove the law is unconstitutional. A judge has yet to rule on his request to throw out the law altogether.
Boecker had filed the request before the law took effect June 1. He says the law has hurt business and its exemptions, including for cigar bars, are arbitrary.