You've got to feel for this Cigar Store Owner...

[JohnS]

We live in a world right now where bad news surrounds us on a daily basis, within the midst of preventable human conflict, and you come across a story like this. In my country, Australia, rival black market tobacco businesses have been regularly fire-bombing each others' properties for years in our major cities and yet, on the other side of the world from us, this guy gets his licence suspending for selling a cigar to a 21 year-old! It breaks your heart to read about it!

Historic Brown's Cigar Store expects to close soon in Corning. Here's why

Jeff Smith, Corning Leader - Wed, March 18, 2026

Brown’s Cigar Store, the oldest business in Corning's Gaffer District, is expected to close in the coming weeks. 

Terry Smith, owner of Brown’s Cigar Store at 6 W. Market St., said on Dec. 18 he sold a cigar to a man under 21-years-old. 

“He looked thirtyish to me,” Terry Smith said. “It was my mistake. Then a guy from the State Health Department, in Hornell, came to the store and said the person you just sold to was underage.” 

Smith said it was the second illegal sale at Brown’s Cigar Store in the past three years, resulting in a one-year suspension of its tobacco and lottery licenses. 

“We had a court hearing at the State Health Department, in Hornell, in late February,” Smith said. “The judge was on Zoom, but the Health Department people were at the hearing. We thought we’d get the one-year suspensions reduced, but that didn’t happen. I was dumbfounded.” 

Smith said members of the State Health Department said fines are negotiable, but suspensions are mandatory.   

Brown’s Cigar Store expects to be closed by the New York State Tax Department, which suspends the licenses, sometime in early April. 

“We haven’t received any official notification to this point,” Smith said. 

Pictured is the storefront of Brown's Cigar Store, the oldest business on Market Street. Tom Passmore / Corning Leader

What’s next for Brown's Cigar Store

Smith said the loss of its tobacco and lottery licenses will mean the end of the business, which originally opened in 1889.

“What do you do if you can’t sell tobacco or lottery for a year?” Terry Smith asked. “We’ve been here for 136 years. My family has run this store for about 80 years. We sell the finest cigars, tobacco products, lottery, lighters, pipes, and accessories. But if we can’t sell tobacco and lottery we have to close.” 

Terry Smith said it’s not a punishment, it’s an elimination. 

“My brother, Bejay, always says we’ve been through two world wars, major depressions, any number of economic downturns, and it takes the legislation to put us out of business,” Terry Smith said.  

Terry Smith said he has contacted State Assemblyman Phil Palmesano, R-Corning, and State Senator Tom O’Mara, R-Horseheads, to see if anything can be done to eliminate the license suspensions. 

A look at the inside of Brown's Cigar Store on West Market Street. Owner Terry Smith expects the store to close in the coming weeks. Jeff Smith

Corning cigar store, building are for sale 

Smith said the 6 W. Market St. two-story building and the cigar store are for sale.  

“A new person can get the tobacco and lottery licenses needed,” Terry Smith said. “If a person wants to buy the building and the store, I'd like to sell it all as is.” 

Terry Smith said anyone interested in the building and the business can call Brown’s Cigar Store at 607-962-2612. 

The neon sign hangs outside of Brown's Cigar Store. [Tom Passmore/The Leader]

A look at the store’s history 

The story of Brown’s Cigar Store starts with a world-renowned acrobat. 

The original owner of the shop, John Comosh, was a circus legend known for performing a triple somersault. He was also a merchant, alderman and Corning civic leader. He helped establish Denison Park and was named to the Steuben County Hall of Fame. 

Comosh opened the store in 1889, which doubled as a barbershop where customers could also buy steamship tickets. 

It became Dale's Smoking Parlor in 1903 until it was sold to W.E. Brown, who with Harry Brown renamed the shop Brown’s Cigar Store. 

Current owner Terry Smith’s father, B.J., started working at the store in 1931 when he was just 15. He bought the store in 1948.

 

A look at the two-story 6 W. Market St., building that has houses a cigar store for the past 136 years. Jeff Smith

B.J. Smith was known for promoting tourism in Corning through the store, knowing the shop received heavy traffic because of the product mix and location. 

A column printed in the Corning Leader shortly after B.J.'s death in 1989 called him "the person who did more than anyone to help tourism in Corning." 

After their father’s death, Terry and his sister, Sue Smith, took over ownership and continued the store's tradition. Their brother, BeJay, joined them a few years later. 

Terry was already well-known in the Crystal City. He was a Steuben County Legislator, Boy Scouts leader, volunteer firefighter and member of the city police commission and zoning board of appeals. 

In the half century the siblings have been at the helm of Brown's Cigar Store, they've continued to be a permanent fixture, playing witness as the Corning community has evolved around them. 

Source: https://eu.the-leader.com/story/news/local/2026/03/17/browns-cigar-store-in-corning-expects-to-close-soon-up-for-sale/89198581007/

[Cestis4]

Sounds almost like entrapment. They clearly sent an older looking, sub 21 year old in there on purpose.  

[NYGuido]

2 hours ago, Cestis4 said:

Sounds almost like entrapment. They clearly sent an older looking, sub 21 year old  in there on purpose.  

This is exactly what they do. 

[Chas.Alpha]

I think a $500 fine is a more appropriate punishment.

[Malt]

Somebody has a hate on for the store and or owner. No excuse for that penalty.  A fine maybe but that should have been it. 

[Fugu]

Totally blown out of proportion legal situation. Absurd. It's not that the bloke sold crack to a school kid.

[SirVantes]

18 hours ago, JohnS said:

Smith said it was the second illegal sale at Brown’s Cigar Store in the past three years,

Repeat offender?

And it appears, because of that, the penalty was not arbitrary.  "Three or more points: One-year suspension of NYS registrations to sell tobacco and vapor products, as well as of your NYS lottery license. "  Source: https://www.nyc.gov/assets/doh/downloads/pdf/smoke/tobacco-penalties-underage-customers.pdf

Out of curiosity, what would we feel about a relevant licence being suspended (not revoked permanently) for repeat sales to minors of, say, liquor, or fireworks, or firearms?

[NYGuido]

4 hours ago, SirVantes said:

Repeat offender?

And it appears, because of that, the penalty was not arbitrary.  "Three or more points: One-year suspension of NYS registrations to sell tobacco and vapor products, as well as of your NYS lottery license. "  Source: https://www.nyc.gov/assets/doh/downloads/pdf/smoke/tobacco-penalties-underage-customers.pdf

Out of curiosity, what would we feel about a relevant licence being suspended (not revoked permanently) for repeat sales to minors of, say, liquor, or fireworks, or firearms?

I’d feel differently if (1) it was multiple violations in the same year or (2) it was a higher point threshold and based on the actual age of the person they mistook for 21. 

It never will stop annoying me that, in the US, you can go to war for the country at 18 but can’t have a cigar or a beer. 

[SirVantes]

4 hours ago, NYGuido said:

It never will stop annoying me that, in the US, you can go to war for the country at 18 but can’t have a cigar or a beer. 

At least you get to vote at 18 too. Where I'm from, every male is conscripted at 18...and not allowed to vote until 21. We do get to drink at 18, because, hey, 'youse' got to get by somehow.

[Cigar Surgeon]

It's unfortunate. When I was GM of our 20 stores in Canada I hammered home to all the owners and employees that everyone got ID'd if they looked remotely under 35. No exceptions. 

WIth legislation like that it leaves zero room for human error. 

Terrible. 

[ha_banos]

2 hours ago, Cigar Surgeon said:

It's unfortunate. When I was GM of our 20 stores in Canada I hammered home to all the owners and employees that everyone got ID'd if they looked remotely under 35. No exceptions. 

WIth legislation like that it leaves zero room for human error. 

Terrible. 

Where there are humans there are errors though. That's the way. ID everyone? 

[Lucas Buck]

I hate entrapment. It’s such devious, underhanded BS. Hopefully someone buys the shop and keeps that amazing legacy business going. 

[Cigar Surgeon]

18 hours ago, ha_banos said:

Where there are humans there are errors though. That's the way. ID everyone? 

That was our policy. The risk to the store was simply too great. Fines started in the thousands for the store and repeat offenses would result in ten times the fine and fines for the worker involved and like this story they could be shut down. 

It makes for a delayed and not ideal customer service experience, and we had to turn away a few people. 

I did give one or two lectures about the bigger issue was them operating their vehicle without a drivers license, which the local PD loves fining people for. 

[NYGuido]

20 minutes ago, Cigar Surgeon said:

That was our policy. The risk to the store was simply too great. Fines started in the thousands for the store and repeat offenses would result in ten times the fine and fines for the worker involved and like this story they could be shut down. 

It makes for a delayed and not ideal customer service experience, and we had to turn away a few people. 

I did give one or two lectures about the bigger issue was them operating their vehicle without a drivers license, which the local PD loves fining people for. 

I think this is where digital IDs will help at some point. They can be token authenticated, stored in encrypted containers on device, and people never leave home without their phones. 

[BrightonCorgi]

New York is hell bent on closing long time businesses one way or another.  A franchise or CVS is preferred. 

[NYGuido]

32 minutes ago, BrightonCorgi said:

New York is hell bent on closing long time businesses one way or another.  A franchise or CVS is preferred. 

Yep. And those just lock up all the product so it’s easier to order online. 

[El Presidente]

This entire scenario appears so far out of whack. It is not like he was selling to a conga line of school kids. 

Fine him sure. Work with him regarding ID requirement best practice. 

US Supreme Court (1976): "The punishment must not be grossly out of proportion to the crime.".

[NYGuido]

1 hour ago, El Presidente said:

US Supreme Court (1976): "The punishment must not be grossly out of proportion to the crime.".

Agreed that this is the law. But tobacco sales is different. They can set a licensing regime with conditions and revoking the license isn’t considered a punishment in the sense of a criminal one to which that sentiment applies. It’s annoying but alas constitutional for NY to do what they did.