In September the commission unanimously approved an ordinance that bans self-service displays of tobacco, requiring a sales clerk to dispense cigarettes, cigars, snuff and similar products.

"In the past, from a philosophical point of view, we've taken a dim view of those ordinances, because it's one more regulation on legitimate businesses," said John Rogers, a spokesman for the FRF.

The organization is also researching whether state law supersedes - or preempts - the county's ability to regulate tobacco sales. Rogers said a portion of the state's Clean Indoor Air Act could mean that the Legislature intended to reserve the right to make such rules to itself.

County Attorney Charles Vitunac, who drafted the new ordinance, said he had found no case law that the Clean Indoor Air Act applies to tobacco sales.

Dunhill grants the award to the tobacco retailer that "has done the most in terms of raising visibility, promoting the Dunhill brand name, and having the highest volume of sales."

With a considerable advertising budget, Uptown's Smoke Shop distinguished itself with an aggressive promotion strategy aimed toward upscale customers through magazine ads and Internet sales. The company's promotions can been nationally and internationally. The company was also recognized for its series of videos celebrating and promoting pipe carving and collecting. The videos are available in smoke shops across the country.

According to David Baker, company president, the store's ambiance is a big draw for nighttime revelers. "We immerse customers in a total cigar scene," he explains, adding, "Most people have never seen a handmade cigar take shape from a pile of leaves." For its latest store, the company commissioned Pedro Arrouche to decorate the 870 square-foot shop. A University of Havana art school graduate who fled Cuba and Castro's regime on a raft, Arrouche lined the store's walls with a mural depicting a typical Cuban village scene. The whole setting has attracted longtime smokers and curious passers-by alike.

"We think people who are running to catch trains just don't have the time to make value-based decisions," Rothman explained. The store is located at the former site of Freyboys It's Smoking - Michael and Robert Frey's only New York smoke shop, which the Las Vegas-based partners closed in June after a brief, year-long run. The stylish 700 sq. ft. store, was the first shop to open in the retail concourse of the lavishly renovated complex.

Rothman said the company's new Fifth Avenue store should be open by mid-December. The shop has moved to temporary quarters at Fifth Ave. and 46th Street, while awaiting completion of the adjacent new store. The store's longtime location on East 45th closed to make way for redevelopment on the site.