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                                                                Nebraska's Smoke-Free Worksites Law: Regulations

                                                                In 2008, the Nebraska Legislature passed legislation that made indoor worksites smoke-free in Nebraska.

                                                                Download the Nebraska smoke-free worksites law regulations. A summary of the smoke-free worksites law and a presentation on smoke-free worksites in Nebraska are also available.

                                                                In 2009, separate legislation was passed that created a new class of businesses, cigar bars, to allow smoking in these specially licensed businesses. Below are the rules and regulations that pertain to that class of business, and a link to the Nebraska Liquor Control Commission, which oversees the licensing of these businesses.

                                                                This information is provided as a service only. For information on Nebraska statute. For legal advice, consult an attorney.


                                                                Cigar Bars: Nebraska Liquor Control Commission Rules and Regulations


                                                                Chapter 15 – Requirements for Cigar Bar Certification

                                                                15-001 Cigar Bar

                                                                001.01       Cigar bar means an establishment operated by a holder of a Class C liquor license which:

                                                                001.01A     Does not sell food. 

                                                                001.01B     Annually receives ten percent or more of its gross revenues from the sale of cigars and other tobacco products and tobacco-related products.

                                                                001.01B1   Cigar is defined as any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco, other than any roll of tobacco which is a cigarette as defined in Neb. Rev. Stat. § 69-2702.

                                                                001.01B2   Other tobacco products shall include, any Tobacco, other than cigarettes, intended for Consumption by smoking, chewing, or snuff.

                                                                001.01B3   Tobacco related products shall include,lighters, and lighter supplies (fluid, flints,wicks, etc.) cigar humidors, cigar cutters,cigar punches, tobacco pipes, tobacco jars, tobacco pouches, ashtrays, and other non  cigarette related smoking paraphernalia.

                                                                001.01C     Has a walk-in humidor on the licensed premise.  A walk-in humidor shall mean a separate room or enclosure with a door that has the necessary mechanical devices to maintain the humidity and temperature at the appropriate level to store and display cigars.  The room shall be large enough to allow two or more adults the ability to enter the humidor and to retail display the cigars and other tobacco products.

                                                                001.01D     Does not permit the smoking of cigarettes.

                                                                001.01E      A sign shall be posted on all entrances to the business, on the outside of each door, in a conspicuous location slightly above or next to the door with the following statement: “SMOKING OF CIGARS AND PIPES IS ALLOWED INSIDE THIS BUSINESS.  SMOKING OF CIGARETTES IS NOT ALLOWED.”

                                                                15-002     Application for Cigar Bar Certification

                                                                002.01        Any one desiring a cigar bar certification shall file an application for such on a form adopted by the Commission.

                                                                002.02          Such applicant shall either be a current holder of a Class C Liquor License or have an application for a Class C Liquor License on file with the Commission.

                                                                15-003     Enforcement

                                                                003.01            The holder of a cigar bar certification shall file quarterly reports with the Commission showing revenue received from the sale of cigars or other tobacco related products other than cigarettes on forms approved by the Commission.  Such reporting dates shall be January 31st, April 30th, July 31st, and October 31st.  Tax reports must be filed within 30 days from the reporting date.

                                                                003.02             After at least one complete year of successful filings, the reports shall be filed on an annual basis.  Said annual reports must be filed on or before October 31st.

                                                                003.03             The holder of a cigar bar certification shall be subject to unannounced audits and or inspections by the Commission and failure to comply with said audit or inspection may result in suspension, cancellation or revocation of the liquor license as well as termination of the cigar bar certification.

                                                                003.04             Failure to comply with any provisions of these rules or falsification of any of the required documents may result in the suspension,   cancellation or revocation of the liquor license of the certification holder.  The Certification may also be terminated.