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Model
“Retail tobacco store” means a store which primarily sells tobacco products and accessories, with an entrance door opening directly to the outside, that derives more than 90 percent of its gross revenue from the sale of loose tobacco, cigars, cigarettes, pipes, and other smoking accessories, and in which the sale of other products is merely incidental. "Retail tobacco store" does not include a tobacco department or section of another business with any type of liquor, food, or restaurant license, or a store within or part of an indoor public place or a workplace, such as a shopping mall.
An establishment that intends to claim that it is exempt as a retail tobacco store shall file, by April 15 of each year, an application or renewal form prescribed by the local health agency with jurisdiction over the municipality in which the establishment is located. |
Examples
Minnesota Clean Indoor Air Act, effective October 1, 2007
144.4167 PERMITTED SMOKING.
Subd. 4. Tobacco products shop. Sections 144.414 to 144.417 do not prohibit the lighting of tobacco in a tobacco products shop by a customer or potential customer for the specific purpose of sampling tobacco products. For the purposes of this subdivision, a tobacco products shop is a retail establishment with an entrance door opening directly to the outside that derives more than 90 percent of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. "Tobacco products shop" does not include a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license.
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Smoke-free Rules and Regulations, adopted by the Rhode Island Department of Health, December 2004
Section 1.0 Definitions
Whenever used in these rules and regulations, the following terms shall be construed as follows:
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- “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories in which the total annual revenues generated by the sale of other products are no greater than twenty-five percent (25%) of the total revenue for the establishment.
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New Jersey Rules, New Jersey Register, May 21, 2007
SUBCHAPTER 4. TOBACCO RETAIL ESTABLISHMENT
8:6-4.1 Annual provision of notice of claim of exemption and retail sale income verification
- An establishment that is an indoor public place or a workplace that intends to claim that the establishment is exempt from the Act as a tobacco retail establishment within the meaning of N.J.S.A. 26:3D-57 and 59 shall file, by April 15 of each year, the form of notice provided at Appendix C, incorporated herein by reference, with the local health agency with jurisdiction over the municipality in which the establishment is located.
- The information contained in the notice required pursuant to (a) above shall be subject to reporting to and auditing by the Division of Taxation of the New Jersey Department of the Treasury.
8:6-4.2 Exemption not applicable in certain circumstances
- With respect to an establishment that otherwise qualifies as a tobacco retail establishment, if the establishment is within or part of an indoor public place or a workplace, such as a retail store within a shopping mall, the exemption provided at N.J.S.A. 26:3D-59b shall not apply to the establishment unless the establishment is enclosed by solid walls or windows, a ceiling, and a solid door, and equipped with a ventilation system that is separately exhausted from the indoor public place or workplace in which the tobacco retail establishment is located, so that air from the tobacco retail establishment is not recirculated to the indoor public place or workplace and smoke is not backstreamed into the indoor public place or workplace, and provided that:
- The solid door of the tobacco retail establishment remains closed at all times except when the door is in use for entry to and egress from the tobacco retail establishment;
- The use of a self-closing door is recommended for this purpose; and
- The ventilation system of the tobacco retail establishment at all times is maintained in operable condition to ensure that air from the tobacco retail establishment is separately exhausted from and not recirculated to the nonsmoking areas of the indoor public place or workplace in which the tobacco retail establishment is located, and that smoke is not backstreamed into the nonsmoking areas.
- The exemption provided at N.J.S.A. 26:3D-59b is not available to the extent an applicable local ordinance restricts or prohibits its availability, in accordance with N.J.S.A. 26:3D-63.
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