Exempting tobacco bars from the public smoking ban, the official text

2025 - 2026 LEGISLATURE
LRB-0951/1
KP:cdc

2025 ASSEMBLY BILL 211
April 23, 2025 - Introduced by Representatives Gustafson, Ortiz-Velez, Callahan, Gundrum, Armstrong, Zimmerman, Melotik, Brill, Krug, Kitchens, Goeben, Knodl, Tittl, Donovan, Penterman, Wichgers, Pronschinske, Mursau, Murphy, Green, Tucker, B. Jacobson, Behnke, Dallman, Neylon, Wittke, Sinicki, Piwowarczyk, Rodriguez, Miresse and Kirsch, cosponsored by Senators Tomczyk, Feyen, Nass, Testin and Cabral-Guevara. Referred to Committee on State Affairs.

An Act to create 101.123 (3) (n) of the statutes; relating to: exempting tobacco bars from the public smoking ban.

Analysis by the Legislative Reference Bureau
This bill exempts tobacco bars from the general prohibition under current law against smoking in indoor locations if the tobacco bar satisfies all of the following: 1) the tobacco bar came into existence on or after June 4, 2009; 2) only the smoking of cigars and pipes is allowed in the tobacco bar; and 3) the tobacco bar is not a retail food establishment. Current law defines a “tobacco bar” as a tavern that generates 15 percent or more of its annual gross income from the sale on the tavern premises, other than from a vending machine, of cigars and pipe tobacco. Also, under current law, tobacco bars that existed on June 3, 2009, are exempt from the general prohibition against smoking in indoor locations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section 1. 101.123 (3) (n) of the statutes is created to read:
101.123 (3) (n) A tobacco bar that satisfies all of the following:
1. The tobacco bar came into existence on or after June 4, 2009.

2. Only the smoking of cigars and pipes is allowed in the tobacco bar.
3. The tobacco bar is not a retail food establishment, as defined in s. 97.30 (1) (c).
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