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PRINCE & PRINCESS ENTERPRISES v. STATE EX REL. ARIZONA DEPT. OF HEALTH SERVICES

No. 1 CA-CV 08-0151 A.

209 P.3d 141 (2008)

PRINCE & PRINCESS ENTERPRISES, LLC, dba Magnums Cigar, Wine & Liquor Emporium, Plaintiff/Appellant, v. STATE of Arizona ex rel. ARIZONA DEPARTMENT OF HEALTH SERVICES, Defendant/Appellee.

Court of Appeals of Arizona, Division 1, Department C.

As Amended May 15, 2009.

Attorney(s) appearing for the Case

Jaburg & Wilk, P.C. By Kraig J. Marton, David N. Farren, Phoenix, Attorneys for Plaintiff/Appellant.

Stinson Morrison Hecker LLP By Michael L. Parrish, John T. White, Phoenix, Attorneys for Defendants/Appellees.

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.

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