By Timothy S. Donahue

Top Takeaways:

• AB 211 passed the Assembly 57–37; the bill now goes to the Senate.
• Cigar bars would need to meet strict criteria on revenue, age restrictions, ventilation, and signage.
• Wisconsin has not permitted new cigar bars since its 2009 indoor smoking ban.

The Wisconsin State Assembly has passed a bill that would permit the creation of new cigar bars for the first time in more than 15 years, carving out an exemption to the state’s indoor smoking ban.

The measure, Assembly Bill 211, was approved 57–37 with bipartisan support and now moves to the Senate, where it will be considered by the Committee on Government Operations, Labor, and Economic Development. If passed in both chambers, the legislation would head to Governor Tony Evers for signature.

The proposal would allow “tobacco bars” to operate under strict conditions. Establishments must generate at least 15% of their revenue from cigar or pipe tobacco sales, which cannot come from vending machines; only permit cigar and pipe smoking; and ban patrons under 21. The bars must not qualify as retail food establishments, and signage must clearly state that smoking is allowed.

Employee protections are also included in the bill. Workers are required to sign acknowledgments confirming their exposure to secondhand smoke. Additionally, applicants must have or be seeking the appropriate license, submit building plans that demonstrate adequate air filtration and exhaust systems, and restrict food service to legal limits.

Wisconsin’s 2009 indoor clean air law prohibited smoking in most indoor places but grandfathered cigar bars that were already operating as of June 4, 2009. No new cigar bars have been permitted since then.

Similar bills introduced in 2023 didn’t progress past committee in either chamber, failing to secure more than one public hearing.