AB 211 Wisconsin Assembly · 2025-2026 Regular Session

Relating to: exempting tobacco bars from the public smoking ban.

AB 211 creates a new exemption in Wisconsin law allowing "tobacco bars" to operate without adhering to the state's public smoking ban. To qualify, these establishments must have opened after June 4, 2009, allow only cigar and pipe smoking (not cigarettes), not be classified as food establishments, display clear signage about smoking, prohibit minors under 21 from entering, require employee acknowledgment of secondhand smoke exposure, and demonstrate adequate air filtration in licensing applications. The bill directly affects tobacco bars meeting these specific criteria, enabling them to operate with smoking permitted while imposing strict operational requirements. It does not change the general public smoking ban but establishes a defined exception for this narrow category of businesses.
Bill status vetoed 4 of 5 stages cleared
Introduction
Apr 2025
Committee Review
Nov 2025
Assembly Passage
Sep 2025
Senate Passage
Nov 2025
Vetoed
Dec 2025
Introduced Apr 23, 2025 Vetoed Dec 5, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Bill Text Text as Enrolled · 5 edits
MODERATE
The bill was finalized into law, adding a new statutory section that creates an exemption for 'tobacco bars' from the public smoking ban. This change allows specific establishments to legally permit smoking of cigars and pipes, provided they meet strict criteria regarding their history, food status, and safety measures.
Scope change
The bill's scope was expanded to include a formal legal definition and a list of mandatory conditions that tobacco bars must satisfy to be exempt from smoking prohibitions.
REQUIREMENT

Added a requirement that tobacco bars must display a conspicuous notice stating that smoking cigars and pipes is allowed on the premises.

Added a requirement prohibiting persons under the age of 21 from entering the tobacco bar premises.

Added a requirement that every employee must sign an acknowledgement confirming they will be subjected to secondhand smoke.

Added a requirement that the tobacco bar must include building plan documents demonstrating sufficient air filtration and exhaust in its license application.

DEFINITION

Refined the definition of a tobacco bar to explicitly state it must not be a retail food establishment as defined in s. 97.30 (1) (c).

Floor votes · Assembly Sep 11, 2025

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
33
Key actions
5
Committee
3
Amendments
2
Dec 5, 2025
Vetoed
Report vetoed by the Governor on 12-5-2025
lower
Nov 18, 2025
Upper · Passed
Read a third time and concurred in, Ayes 18, Noes 15
upper
Nov 12, 2025
Upper · Passed
Report concurrence recommended by Committee on Government Operations, Labor and Economic Development, Ayes 3, Noes 2
upper
Sep 11, 2025
Lower · Passed
Read a third time and passed, Ayes 57, Noes 37, Paired 2
lower
Sep 11, 2025
Lower · Passed
Assembly Amendment 1 adopted
lower
Sep 10, 2025
Introduced
Assembly Amendment 1 offered by Representative Gustafson
lower
Jul 8, 2025
Committee
Referred to committee on Rules
lower
Jul 8, 2025
Lower · Passed
Report passage recommended by Committee on State Affairs, Ayes 7, Noes 1
lower
Apr 23, 2025
Introduced
Introduced by Representatives Gustafson, Ortiz-Velez, Callahan, Gundrum, Armstrong, Zimmerman, Melotik, Brill, Krug, Kitchens, Goeben, Knodl, Tittl, Donovan, Penterman, Wichgers, Pronschinske, Mursau, Murphy, Green, Tucker, B. Jacobson, Behnke, Dallman, Neylon, Wittke, Sinicki, Piwowarczyk, Rodriguez, Miresse and Kirsch; cosponsored by Senators Tomczyk, Feyen, Nass, Testin and Cabral-Guevara
lower
31 primary · 0 co-sponsors

Sponsors