A4102

An Act concerning indoor smoking 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. any cigar bar or cigar lounge that, in the calendar year ending December 31, 2004, generated [15%] 15 percent 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) in the preceding calendar year, the cigar bar or lounge generated [15%] 15 percent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, and (2) the cigar bar or cigar lounge has not expanded its size or changed its location since December 31, 2004;

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;

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; and

g. any cigar bar or lounge previously registered with the local board of health pursuant to subsection a. of this section that has, in accordance with the requirements of this subsection, renewed that registration following a period of lapse. A cigar bar or cigar lounge registration which has lapsed may be renewed under this subsection if: (1) no more than 10 years have elapsed since the date the registration lapsed; (2) in the calendar year immediately preceding the lapse, the cigar bar or lounge generated 15 percent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors; and (3) the cigar bar or lounge has not expanded its size or changed its location since December 31, 2004. A registration renewed pursuant to this subsection shall remain in effect for one year, and shall be renewable thereafter only if it meets the requirements for renewal as set forth in this subsection or subsection a. of this section.

(cf: P.L.2017, c.271, s.1)

2. The Commissioner of Health, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as shall be necessary to implement the provisions of this act.

3. This act shall take effect immediately.

STATEMENT

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 exemptions from the prohibition for certain facilities, including cigar bars and lounges. To qualify for the exemption, 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 percent 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 exemption has lapsed, the cigar bar or lounge will be permitted to renew the exemption, provided that: (1) no more than 10 years have elapsed since the date of the lapse; (2) the cigar bar or lounge still qualified for the exemption at the time of the lapse; and (3) the cigar bar or lounge currently meets the requirements for the exemption. 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 exemption or meets the requirements to renew a lapsed exemption.