South DakotaHB 1215101st South Dakota Legislature (2026)House

authorize counties and municipalities to issue a license for a cigar bar.

Sponsored By: Karr, Chris (Republican), Mortenson, Will (Republican)

Signed by Governor

Administrative ProcedureAlcoholic BeveragesLicensurePublic Health and SafetyTobacco

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Cigar bar license enforcement requires hearings

Cigar bars must keep records showing cigar sales as a share of annual gross income for the previous three years. The licensing county or municipality can inspect those records, and owners cannot sell or transfer their licenses to another person. Local officials can suspend or revoke a license upon proof that the bar fails licensing requirements or violates state tobacco law. They can also act on proven violations of tobacco sales or distribution ordinances or regulations, including violations by representatives or employees. Before acting, officials must hold a hearing, notify the licensee at its license address at least 30 days beforehand, and publish notice in the official newspaper at least seven days beforehand.

Cigar bars get a limited smoking exception

Licensed cigar bars receive an exception to the state's smoking restrictions. They can allow smoking only of cigars bought on the premises. They cannot allow smoking of other tobacco products and must post a notice of that ban. A cigar means an individual roll of tobacco with a wrapper or cover made only of tobacco.

Local cigar bar licenses have eligibility rules

Counties can approve cigar bars outside municipal boundaries; municipalities can approve them within their boundaries. Applicants must use the same premises as an establishment licensed under SDCL 35-4-2(4), (6), (12), or (16). The bar must have a humidor, solid walls or windows, a solid ceiling, and a solid door. Ventilation must prevent exhausted air from recirculating, and smoke from flowing back, into nonsmoking areas. At least 10% of annual gross income must come, or be expected to come, from cigar sales. Local officials must hold a public hearing and decide applications using the same process as on-site alcohol sales licenses.

Sponsors & Cosponsors

Cosponsors

Andera, Bobbi L.
Republican • House
Arlint, Amber
Republican • House
Crabtree, Casey
Republican • Senate
Duffy, Steve
Republican • House
Emery, Eric
Democratic • House
Goodwin, Tim
Republican • House
Jordan, Dylan C.
Republican • House
May, Liz M.
Republican • House
Mehlhaff, Jim
Republican • Senate
Moore, Scott
Republican • House
Muckey, Erik
Democratic • House
Nolz, Kaley
Republican • House
Overweg, Marty
Republican • House
Perry, Carl
Republican • Senate
Pischke, Tom
Republican • Senate
Pourier, Peri
Republican • House
Reed, Tim S.
Republican • Senate
Roby, Matt
Republican • House
Roe, Kent
Republican • House
Schaefbauer, Brandei
Republican • House
Smith, Jamie
Democratic • Senate
Weisgram, Mike
Republican • House
Wipf, Brandon
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 169 • No: 18

House vote • 3/10/2026

Concurred in amendments

Yes: 63 • No: 4

Senate vote • 3/9/2026

Do Pass Amended

Yes: 28 • No: 6

Senate vote • 3/4/2026

Do Pass Amended

Yes: 8 • No: 1

House vote • 2/9/2026

Do Pass

Yes: 59 • No: 6

House vote • 2/6/2026

Do Pass

Yes: 11 • No: 1

Bill Text

Introduced
1/29/2026
PDF

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