ANIMAL POLICY:

---

At Smoke and Joe Cigar Lounge, we are dedicated to creating a welcoming, safe, and enjoyable environment for all patrons, including those accompanied by service animals as defined by the Americans with Disabilities Act (ADA). We adhere to federal, Arizona, and Phoenix regulations to ensure accessibility while prioritizing public health, safety, comfort, and liability management. This policy outlines our approach to service animals and explains why non-service animals are prohibited in our lounge to prevent public nuisances, protect health, ensure safety, and mitigate potential harm or liability to customers and the business.

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. 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 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, animal presence could fundamentally alter the humidor’s controlled environment (e.g., humidity and temperature), which is critical to our business operations. Our staff 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 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.

Non-service animals, including pets, emotional support animals, comfort animals, and therapy animals, are not permitted inside Smoke and Joe Cigar Lounge, whether leashed or unleashed. This prohibition is based on Arizona and Phoenix laws that address public nuisances, health risks, safety hazards, and liability concerns. Non-service animals may disrupt the lounge’s relaxing atmosphere, introduce contaminants, pose safety risks (e.g., tripping hazards, aggressive behavior), or create liability for the business through potential harm to customers. The following statutes and ordinances support this policy.

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

• A.R.S. § 13-2910 (Cruelty to Animals; Dangerous Animals): This statute addresses animals that pose a danger, such as dogs that may bite or attack. Prohibiting non-service animals mitigates the risk of incidents (e.g., bites, scratches, or aggressive behavior) that could harm customers and expose the business to liability, particularly in a setting where patrons are seated closely and enjoying cigars.

• Phoenix City Code § 8-3 (Dangerous Animals): This ordinance regulates animals that pose a threat through aggressive behavior. Excluding non-service animals prevents potential safety hazards, such as bites or disruptions, protecting patrons and reducing the risk of liability for the business.

• 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 (e.g., disturbances to the relaxing atmosphere) and safety risks (e.g., tripping hazards or aggressive behavior), which 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.

• Phoenix City Code § 23-8 (Accumulation of Refuse, Litter, or Odors): This ordinance prohibits conditions causing 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, 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, we ask for your cooperation with the following:

• Space and Movement: Our lounge 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: Our 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 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 strive to create an inclusive, safe, and enjoyable environment for all patrons while maintaining the highest standards of health, safety, comfort, and professionalism. We appreciate your cooperation in adhering to this policy, which complies 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 questions or specific needs, please contact us before your visit, and our staff will be happy to assist.