CIGAR LOUNGE ANIMAL POLICY:

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At Smoke and Joe Cigar Lounge, we are committed to fostering a welcoming, safe, and enjoyable atmosphere for all our patrons, including those with service animals as defined by the Americans with Disabilities Act (ADA). We strictly follow federal, Arizona, and Phoenix regulations to ensure accessibility while prioritizing public health, safety, comfort, and effective liability management. This policy clarifies our stance on service animals and explains why non-service animals are not permitted in our lounge, in order to prevent public nuisances, safeguard health, ensure safety, and reduce potential harm or liability to our customers and the Smoke and Joe establishment.

Under the ADA (28 C.F.R. § 36.104), a service animal is a dog (or, in rare cases, a miniature horse) individually trained to perform specific tasks or work for a person with a disability. These tasks must directly relate to the individual’s disability, such as guiding individuals who are blind, alerting those who are deaf, pulling a wheelchair, or fetching items for those with mobility impairments. While many might enjoy a relaxing day with their smoke and joe, it’s important to note that emotional support animals, comfort animals, and therapy animals do not qualify as service animals under the ADA, as they are not trained to perform specific disability-related tasks.

1. Permitted Animals:

• Only dogs (or miniature horses, where applicable) that meet the ADA’s definition of a service animal are permitted inside Smoke and Joe Cigar Lounge.

• Humidor Restriction: As permitted by the ADA (28 C.F.R. § 36.208), service animals are not allowed in our cigar humidor at Smoke and Joe due to health and safety concerns. Cigars are consumable agricultural products, and the presence of animals could introduce contaminants (e.g., dander, hair, or odors) that pose a direct threat to health by compromising product safety and quality. Additionally, an animal's presence could fundamentally alter the humidor’s controlled environment (e.g., humidity and temperature), which is critical to our business operations. Our staff at Smoke and Joe will assist patrons with disabilities by retrieving cigars or providing service outside the humidor to ensure full access to our products and services.

2. Task Performance:

• Service animals must be trained to perform specific tasks directly related to the handler’s disability.

3. Behavior and Control:

• Service animals must remain under the handler’s control at all times, using a leash, harness, or tether unless these devices interfere with the animal’s work or the handler’s disability prevents their use. In such cases, control must be maintained through voice, signals, or other effective means (28 C.F.R. § 36.302(c)).

4. Inquiries:

• To ensure compliance with the ADA, our staff at Smoke and Joe may ask two questions to verify an animal’s status as a service animal:

(1) Is the animal required because of a disability?

(2) What work or task has the animal been trained to perform?

• We will not ask about the nature of the disability or request documentation, in accordance with ADA guidelines.

At Smoke and Joe Cigar Lounge, non-service animals—including pets, emotional support animals, comfort animals, and therapy animals—are not allowed inside, whether they are leashed or unleashed. This policy aligns with Arizona and Phoenix laws aimed at addressing public nuisances, health risks, safety hazards, and liability concerns. The presence of non-service animals may disrupt the relaxing atmosphere of Smoke and Joe, introduce contaminants, pose safety risks (such as tripping hazards or aggressive behavior), or create liability for the business due to potential harm to customers. The following statutes and ordinances support this policy.

• A.R.S. § 11-1024 (Dogs in Public Places): This statute mandates that dogs must be leashed or confined in public spaces, except in designated areas like dog parks, to prevent nuisances and ensure safety. At Smoke and Joe, we prohibit non-service animals to avoid disruptions to our patrons’ experience (such as barking or approaching others) and to reduce safety risks, like tripping hazards or accidents in our busy lounge environment.

• A.R.S. § 13-2910 (Cruelty to Animals; Dangerous Animals): This statute deals with animals that pose a danger, including dogs that may bite or attack. By prohibiting non-service animals, we mitigate the risk of incidents (such as bites, scratches, or aggressive behavior) that could harm our customers and expose Smoke and Joe to liability, especially in a setting where patrons are closely seated and enjoying cigars.

• Phoenix City Code § 8-3 (Dangerous Animals): This ordinance regulates animals that pose a threat through aggressive behavior. By excluding non-service animals, we prevent potential safety hazards, such as bites or disruptions, protecting our patrons and reducing liability risks for Smoke and Joe.

• Phoenix City Code § 8-14 (Dogs at Large): This ordinance prohibits dogs from being “at large” in public spaces, requiring them to be leashed or confined. We extend this requirement to prohibit non-service animals in our lounge to prevent nuisances (such as disturbances to the relaxing atmosphere) and safety risks (like tripping hazards or aggressive behavior) that could harm patrons or create liability.

• Phoenix City Code § 23-2 (Nuisances Affecting Public Health): This ordinance prohibits conditions that endanger public health or comfort. Non-service animals could introduce allergens, dander, hair, or odors, compromising air quality and patron comfort in a lounge where cigars are consumed. Their presence could also create safety hazards or disruptions, affecting the professional environment we strive to maintain at Smoke and Joe.

• Phoenix City Code § 23-8 (Accumulation of Refuse, Litter, or Odors): This ordinance prohibits conditions that cause offensive odors or unsanitary conditions in public places. Non-service animals could introduce odors or biological contaminants that affect the cleanliness and air quality of our lounge, particularly in areas with consumable tobacco products, and may pose safety risks by creating an unclean or hazardous environment.

Non-service animals may only be permitted on our outdoor patio at Smoke and Joe, provided they are leashed, harnessed, or tethered, remain under the owner’s control, and do not disturb other guests, in accordance with A.R.S. § 11-1024 and Phoenix City Code § 8-14. Owners are responsible for ensuring their animals do not pose health, safety, or nuisance risks to other patrons.

To maintain a pleasant, safe, and comfortable environment for everyone, including patrons with service animals at Smoke and Joe, we ask for your cooperation with the following: 

• Space and Movement: Our lounge at Smoke and Joe can be busy, especially during peak hours. Please keep your service animal close to you to avoid disruptions or accidents, such as tripping hazards, in high-traffic areas, ensuring the safety of all patrons. 

• Noise Sensitivity: The Smoke and Joe lounge features ambient sounds, including music and conversation, to create a relaxing atmosphere. Please ensure your service animal remains calm to preserve this environment and avoid disturbing others. 

• Respecting Personal Space: Some patrons at Smoke and Joe may have allergies or phobias related to animals. Keep your service animal in your designated area to respect the health, safety, and comfort of others, minimizing potential risks or disruptions.

At Smoke and Joe Cigar Lounge, we are committed to fostering an inclusive, safe, and enjoyable environment for all our patrons. We uphold the highest standards of health, safety, comfort, and professionalism. We appreciate your cooperation in adhering to this policy, which aligns with the ADA (28 C.F.R. § 36.104, § 36.208, § 36.302(c)), Arizona Revised Statutes (§ 11-1024, § 13-2910), and Phoenix City Code (§ 8-3, § 8-14, § 23-2, § 23-8). If you have any questions or specific needs, please reach out to us before your visit, and the Smoke and Joe staff will be more than happy to assist.