Arizona Shop Defeats Smoking Ban!

[kgoings]

http://www.cigarcyclopedia.com/webap.../view/1261/27/

Los Angeles, October 1 – A Phoenix-area cigar and bar owner won a round in court on Tuesday in its ongoing battle against the Arizona Department of Health.

Magnum’s Cigar, Wine and Liquor Emporium contention that it met the statutory requirements of the Smoke-Free Arizona Act was upheld by the Arizona Court of Appeal after being rejected at the trial court level.

“I’m extraordinarily pleased and happy for me and my family,” said Amar Patel in an interview with the Arizona Capitol Times. “It’s always what we felt was right and we felt we were going to win this case.”

The Arizona Department of Health Services told Patel that because his store also carries a liquor license, smoking was not allowed since bars and restaurants were specifically included in the 2006, voter-approved measure. But Patel’s store qualified for the exemption for tobacco shops because it receives more than 50.1% of its revenue from the sales of tobacco and tobacco-related products.

“We are not a bar that sells cigarettes, we are quite the opposite,” said Patel when his suit was filed in February. “We are a cigar store that happens to have a bar in it.”

Patel lost the first round when a Maricopa County Superior Court judge decided in March that the Smoke-Free Act applied to him. But that decision was reversed by the Court of Appeal. Judge John Gemmill wrote that “Although the act specifies that the majority of a retail tobacco store’s sales must be from tobacco products and accessories, it places no restrictions on the source of the other 49.9 percent sales.”

Patel said that the case has cost him more than $100,000 in legal fees so far and it’s likely that the Department of Health Services will ask for a review by the Arizona Supreme Court. Don Herrington, the head of Epidemiology and Disease Control for the Department of Health Services said that “all of its options” are being considered.

In the meantime, Patel is hoping the case will be finally resolved soon so he can get back to business. “Since this all started, I haven’t been able to promote my business in any direction. I haven’t been able to promote it as a cigar shop. I haven’t been able to promote it as a bar. This is what the state has cost us.”

Patel’s concept of a facility that’s primarily a cigar store but also serves alcoholic beverages is growing in popularity. In Las Vegas, the Casa Fuente at The Forum Shops at Caesar’s includes both a walk-in humidor and a full bar while in Orlando, Florida, the popular Corona Cigar Co. includes a comfortable lounge with alcoholic beverage service under the same roof as its enormous cigar selection.

Pending a review by the Arizona Supreme Court, Patel can – for now – promote Magnum’s as a winner for common sense and against the bias of an overzealous State health department. And if you’re in Phoenix, also as a place to enjoy a good cigar.

[BigCat]

Good for him...Chalk one up for the good guys I know it is only a matter of time before those of us who don't already have to deal with bans will be in the same boat. I just hope we have some measure of success like this guy. I'd be in his shop all the time if I lived in the area.

[MithShrike]

Great! This means other shops like MatchStix and Stogie Cutter will continue to sell alcohol.

[Bluehammer]

All will benefit while Magnum's shop stuck their neck out. I am in Phoenix and spoke to at least one shop owner who was approached by the owner of Magnum's to join in the appeal and to present a united front. The owner of this (other) shop specifically told me he wanted to stay "below the radar" and therefore did not join up. He was concerned that the Arizona Dept. of Health would take notice of his shop selling drinks. Nice. Reap all the benefits yet take none of the risk.

Maybe shops in other locations around the country can use this small victory as incentive to promote their own interests through teamwork instead of making others go at it alone.

This post may come off as a negative rant, but this kind of stuff gets to me. When people don't take action to stand up for their beliefs, it allows the "majority" to steam roll them.

[blurxp]

Nice job for him!! Glad to see another ridiculous law over-turned. I really hope to see this become common place as sad as that may sound.

[hornitosmonster]

Good news... I have been to the shop once..nice place

[mdman]

Good Job! Too bad it cost 100 grand just to stand up for your rights. We had to spend almost 200 grand fighting for ours. its tough to do business when your profit goes to lawyers

[Acalla]

Originally Posted by MithShrike

Great! This means other shops like MatchStix and Stogie Cutter will continue to sell alcohol.

MatchStix stopped selling alcohol but maybe they will bring it back now. they have a nice area to sit and watch a game.

[MarkinCA]

[SIZE=3]A bump to an old thread Good for Magnum's et al[/SIZE]