Booze-selling tobacco shop exempt from smoking ban

Posted: Updated:

PHOENIX (AP) -- A new Arizona court ruling says smoking is permitted in retail tobacco stores even if they sell alcoholic beverages.

The Court of Appeals ruling issued Tuesday permits a Phoenix shop, Magnum's, to allow smoking under a state law generally prohibiting smoking in indoor public places.

That 2006 voter-approved law includes an exemption for tobacco retail shops that get more than half of their sales from tobacco products and accessories.

Magnum's contends it meets that standard, but state health regulators argued that Magnum's is actually a bar and must comply with the smoking ban.

The court ruling says the smoking law says nothing about not giving an exemption to tobacco shops that also sell alcohol.

(Copyright 2008 by The Associated Press. All Rights Reserved.)