HB 1440 North Dakota House · 69th Legislative Assembly (2025-26)

AN ACT to amend and reenact subdivision d of subsection 3 of section 23-12-10 of the North Dakota Century Code, relating to cigar lounges.

HB 1440 sets requirements for businesses to operate as cigar lounges in North Dakota. To qualify, a business must generate at least 15% of its annual gross income from cigar sales, have a humidor, be fully enclosed with solid walls/windows/ceiling/door, and install a ventilation system that prevents smoke from spreading to nonsmoking areas. Businesses must apply for a tax commissioner certificate by reporting compliance with these conditions and submit annual reports verifying the 15% cigar sales threshold to maintain the certificate. This bill directly affects businesses seeking to operate as cigar lounges by establishing specific operational, financial, and ventilation standards.

Bill status signed all 5 stages cleared

Introduction

Jan 2025

Committee Review

Apr 2025

House Passage

Apr 2025

Senate Passage

Apr 2025

Signed into Law

Apr 2025

Introduced Jan 15, 2025 Signed Apr 29, 2025

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What changed between versions

FIRST ENGROSSMENT → Enrollment · 5 edits

MODERATE

This bill amends the North Dakota Century Code to formally define and regulate cigar lounges, establishing specific requirements for their operation and certification. The changes clarify eligibility criteria, define what constitutes a cigar lounge, and set up a reporting system for tax purposes.

Scope change

The bill expands regulatory oversight by creating a formal certification process for cigar lounges and defining specific operational requirements.

DEFINITION

Added formal definitions for 'cigar' and 'cigar lounge' with specific criteria including the 15% revenue threshold from cigar and pipe tobacco sales.

REQUIREMENT

Established physical requirements for cigar lounges including solid walls, ceilings, doors, humidors, and specific ventilation systems that prevent smoke recirculation.

ENFORCEMENT

Created a reporting and certification system requiring applicants to report premises compliance and annual revenue reports to the tax commissioner.

ELIGIBILITY

Modified eligibility requirements to include both initial application procedures and annual renewal based on revenue thresholds.

TECHNICAL

Added confidentiality provisions for information reported to the tax commissioner under existing state law.

Floor votes · Senate Mar 10, 2025 · House Apr 16, 2025

How they voted

39–6

Passed · 2 other

Total votes 47

Mar 10, 2025

D Democratic5

3 Yea 2 Nay

60% Yea

R Republican42

36 Yea 4 Nay 2

85% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Apr 30, 2025

Introduced

Filed with Secretary Of State 04/28

legislature

Apr 29, 2025

Signed into law

Signed by Governor 04/28

lower

Apr 21, 2025

Upper · Passed

Second reading, passed as amended, yeas 39 nays 8

upper

Apr 21, 2025

Upper · Passed

Conference committee report adopted

upper

Apr 18, 2025

Upper · Passed

Reported back from conference committee, in place of, placed on calendar

upper

Apr 16, 2025

Lower · Passed

Second reading, passed, yeas 75 nays 17

lower

Apr 16, 2025

Lower · Passed

Conference committee report adopted

lower

Apr 15, 2025

Lower · Passed

Reported back from conference committee, in place of, placed on calendar

lower

Mar 28, 2025

Upper · Passed

Conference committee appointed Powers Marcellais Rummel

upper

Mar 19, 2025

Lower · Passed

Conference committee appointed Dockter Motschenbacher Dressler

lower

Mar 10, 2025

Upper · Passed

Second reading, passed as amended, yeas 39 nays 6

upper

Mar 7, 2025

Upper · Passed

Amendment adopted, placed on calendar

upper

Mar 7, 2025

Upper · Passed

Reported back amended, do pass, amendment placed on calendar 4 2 0

upper

Feb 17, 2025

Upper · Passed

Committee Hearing 02:30

upper

Feb 13, 2025

Introduced

Introduced, first reading, referred Finance and Taxation Committee

upper

Jan 22, 2025

Lower · Passed

Second reading, passed, yeas 81 nays 13

lower

Jan 21, 2025

Lower · Passed

Amendment adopted, placed on calendar

lower

Jan 20, 2025

Lower · Passed

Reported back amended, do pass, amendment placed on calendar 10 2 2

lower

Jan 20, 2025

Lower · Passed

Committee Hearing 11:00

lower

Jan 15, 2025

Introduced

Introduced, first reading, referred Finance and Taxation Committee

lower

1 primary · 11 co-sponsors