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.

Courtesy: CigarCyclopedia

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