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Wednesday, September 14, 2011

IL: Judge sides with cigar shop in lawsuit

A Kane County judge ruled that ShoDeen Management will have to uphold its lease that allows Bull and Bear tobacco shop in St. Charles to allow smoking indoors.

The decision came during a hearing late last month.

“We are pleased to continue to be able to serve our customers like we have been for the last 16 years,” said shop owner Zita Harmon.

Harmon said she was happy the judge ruled in her favor.

During an interview earlier this summer, Harmon said she received a notice of default in February from ShoDeen telling her that she was in violation of her lease because smoke odor from her shop was filtering into nearby businesses. Robert Minetz, ShoDeen Management’s attorney, said that the company received complaints from surrounding businesses.

In Illinois, shops that make more than 80 percent of sales through tobacco products can allow smoking indoors. Because the shop has been open since 1995, it also operates under a grandfather clause that allows smoking in the shop — despite a smoking ban in stores within shopping centers that share the same building.

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