Prince & Princess Enterprises, LLC v. State Ex Rel. Arizona Department of Health Services

OPINION

GEMMILL, Judge.

¶ 1 In this appeal we interpret an exception to the Smoke-Free Arizona Act, Arizona Revised Statutes (“A.R.S”) section 36-601.01 (Supp.2007). We hold that a business which satisfies the definition of a “retail tobacco store” under § 36-601.01(A)(10) qualifies for the statutory retail tobacco store exception to the smoking ban, even if the store also holds a liquor license and sells alcohol on its premises.

FACTS AND PROCEDURAL HISTORY

¶2 Appellant Prince and Princess Enterprises, LLC (“Magnum’s”) is the owner and operator of Magnum’s Cigar, Wine & Liquor Emporium. Magnum’s…