ASSEMBLY OVERSIGHT, REFORM AND FEDERAL RELATIONS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 1024

STATE OF NEW JERSEY

DATED:  FEBRUARY 8, 2018

     The Assembly Oversight, Reform and Federal Relations Committee reports favorably Assembly Bill No. 1024.

      This bill revises the “New Jersey Smoke-Free Air Act” to permit cigar bars and lounges with a lapsed exemption from the prohibition against indoor smoking to renew that exemption under certain circumstances.

     The “New Jersey Smoke-Free Air Act” prohibits indoor smoking in public places; however, it provides certain enumerated exceptions from the prohibition for certain facilities, including cigar bars and lounges.  To qualify for the exception, the cigar bar or lounge is required to meet certain structural and ventilation requirements; in the calendar year ending December 31, 2004, and each year thereafter, have generated 15% or more of its total annual gross income from the sale of tobacco products and the rental of on-site humidors; and not have expanded or changed size since December 31, 2004.  The cigar bar or lounge is additionally required to register with the local board of health; this registration lasts for one year and may be renewed only if the cigar bar or lounge continues to meet the gross revenue requirement and the requirement that it not have expanded or changed locations.

     The bill provides that, if a cigar bar or lounge’s exception has lapsed, the cigar bar or lounge will be permitted to renew the exception provided that: (1) no more than five years have elapsed since the date of the lapse; (2) the cigar bar or lounge still qualified for the exception at the time of the lapse; and (3) the cigar bar or lounge currently meets the requirements for the exception.  A renewal under the bill will remain in effect for one year, and may only be renewed thereafter if the cigar bar or lounge continues to meet the requirements for the exception or meets the requirements to renew a lapsed exception.

This bill was pre-filed for introduction in the 2018-2019 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.