Bill Description: House Bill 817 would allow a mobile cigar retailer to obtain a permit to perform on-site cigar rolling services or operate a designated cigar garden at a temporary location.
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Does it increase barriers to entry into the market? Examples include occupational licensure, the minimum wage, and restrictions on home businesses. Conversely, does it remove barriers to entry into the market?
The sale of tobacco is heavily regulated in Idaho. House Bill 817 would amend Section 39-5702, Idaho Code, to add definitions for “mobile cigar retailer” and “designated cigar garden” to the law.
A “mobile cigar retailer” is “a business permitted under this chapter that exclusively sells or distributes cigars and cigar-related products from a non-fixed, mobile unit, including but not limited to a motor vehicle or trailer.”
A “designated cigar garden” is “a temporary, outdoor, physically enclosed, or roped-off area at a public or private event that is strictly restricted to persons twenty-one (21) years of age or older.”
The bill would amend Section 39-5704, Idaho Code, to say that “permits for each mobile cigar retailer shall be issued annually to a specific mobile unit identified by a vehicle identification number or other unique serial number. A single permit shall authorize the retailer to operate at various temporary locations throughout the state.”
The bill would amend other sections in Chapter 57, Title 39, Idaho Code, as well, to incorporate this profession and clarify how related laws and regulations apply to it.
While it would be preferable to allow the market to operate free from licensing and permitting requirements, this bill does provide a path — albeit a heavily regulated one — for mobile cigar retailers to operate in Idaho.
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