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December 13, 2008

Can't a Fellow Get a Smoke AND a Drink Anymore?

Yes he can, according to an interesting case from Arizona (nod to Ted Lee!). "We hold that a business which satisfies the definition of a 'retail tobacco store' under 36061.01(A)(10) qualifies or the statutory retail tobacco store exception to the smoking ban, even if the store also holds a liquor license and sells alcohol on its premises." So held the court, in a unanimous but 2/1 concurring case, in Prince & Princess Enterp. LLC v. State of Arizona, __ P.2d __ (Ct. App Ariz. Sept. 30, 2008). The concurrence, interestingly enough, wondered if "bars" were meant to be defined as "retail stores" and so analyzed that additional issue. It's a fun case pondering the various definitions. Ultimately, if you're stupid enough to smoke, you can do so and drink at the same time in Arizona! But, if you smoke, give up for New Years!

December 13, 2008 | Permalink


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