STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblyman JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
Co-Sponsored by:
Assemblymen Caputo, Auth, Johnson, Space, Assemblywomen Caride and Tucker
SYNOPSIS
Permits new cigar lounges to be opened under certain circumstances.
CURRENT VERSION OF TEXT
As reported by the Assembly Oversight, Reform and Federal Relations Committee with technical review.
An Act concerning certain cigar lounges and amending P.L.2005, c.383.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.2005, c.383 (C.26:3D-59) is amended to read as follows:
5. The provisions of this act shall not apply to:
a. (1) any cigar bar or cigar lounge that, in the calendar year ending December 31, 2004, generated 15% or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines, and is registered with the local board of health in the municipality in which the bar or lounge is located. The registration shall remain in effect for one year and shall be renewable only if: [(1)]
(a) in the preceding calendar year, the cigar bar or lounge generated 15% or more if its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, and [(2)]
(b) the cigar bar or cigar lounge has not expanded its size or changed its location since December 31, 2004;
(2) (a) any cigar lounge that is registered by the local board of health in the municipality in which the lounge is located pursuant to this paragraph.
(b) The governing body of a municipality may, by ordinance, permit a certain number of cigar lounges to open and operate within the municipality. Upon adoption of such ordinance, a prospective cigar lounge may apply to the local board of health for such registration. The local board of health shall not grant an application for registration pursuant to this subparagraph unless the registration provides that:
(i) no food or alcoholic beverages shall be sold or served in the cigar lounge, except in the case of private parties or other duly permitted events that are not open to the general public;
(ii) the cigar lounge shall not be located within a bar, restaurant, or other establishment in which the principal business is the sale of food or alcoholic beverages for consumption anywhere on the premises;
(iii) the entrance to the cigar lounge shall be distinct from any other establishment and accessible directly by the public;
(iv) the cigar lounge shall be equipped with an exhaust system appropriate to ensure worker and customer safety and to maintain breathable air quality in the cigar lounge or other establishment; and
(v) the cigar lounge shall not permit the use of any hookah to smoke tobacco or non-tobacco products anywhere on the premises.
(c) The registration of a cigar lounge pursuant to this paragraph shall remain in effect for one year and shall be renewable only if:
(i) in the preceding calendar year, the cigar lounge generated 15% or more if its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors;
(ii) the cigar lounge continues to satisfy all the requirements of the initial grant of an application for registration set forth in subparagraph (b) of this paragraph;
(iii) the filter of the exhaust system has been replaced; and
(iv) the cigar lounge has not expanded its size or changed its location during the preceding registration period.
(d) If a cigar lounge fails to have its registration renewed after one year, its owner shall not be permitted to register another cigar lounge.
(e) For the purposes of this paragraph:
"Establishment" means a place of business, commerce or other service-related activity, whether public or privately-owned or operated on a for-profit or nonprofit basis;
“Hookah” means a water pipe that is used to smoke tobacco or non-tobacco products by drawing the smoke through water and into an attached hose for inhalation;
b. any tobacco retail establishment, or any area the tobacco retail establishment provides for the purposes of smoking;
c. any tobacco business when the testing of a cigar or pipe tobacco by heating, burning or smoking is a necessary and integral part of the process of making, manufacturing, importing or distributing cigars or pipe tobacco;
d. private homes, private residences and private automobiles; and
e. the area within the perimeter of:
(1) any casino as defined in section 6 of P.L.1977, c.110 (C.5:12-6) approved by the Casino Control Commission that contains at least 150 stand-alone slot machines, 10 table games, or some combination thereof approved by the commission, which machines and games are available to the public for wagering; and
(2) any casino simulcasting facility approved by the Casino Control Commission pursuant to section 4 of P.L.1992, c.19 (C.5:12-194) that contains a simulcast counter and dedicated seating for at least 50 simulcast patrons or a simulcast operation and at least 10 table games, which simulcast facilities and games are available to the public for wagering; and
f. research laboratories and other facilities that have been approved by the Department of Health to permit smoking for the purpose of medical research related to the health effects of smoking, in an indoor facility that is separately ventilated for the purpose of medical or scientific research that is conducted under physician supervision and has been approved by an Investigational Review Board (IRB), if the facility is used solely and exclusively for clinical research activities.
(cf: P.L.2017, c.271, s.1)
2. The Commissioner of Health shall adopt rules and regulations necessary to effectuate the purpose of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
3. This act shall take effect on the first day of the seventh month next following the date of enactment, but the Commissioner of Health may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.