SENATE, No. 2779

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JUNE 25, 2018

 


 

Sponsored by:

Senator  KRISTIN M. CORRADO

District 40 (Bergen, Essex, Morris and Passaic)

 

 

 

 

SYNOPSIS

     Prohibits smoking in guest rooms of certain hotels.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning smoking in hotel guest rooms, amending P.L.2005, c.383 and repealing section 6 of 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% 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% 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.    the guest rooms of an approved casino hotel as defined in section 19 of P.L.1977, c.110 (C.5:12-19).

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

 

     2.    Section 6 of P.L.2005, c.383 (C.26:3D-60) is repealed.

 

     3.    This act shall take effect on the first day of the third month following the date of enactment.

 

 

STATEMENT

 

     This bill prohibits smoking in any of the guest rooms in hotels, motels, or other lodging establishments in the State, except for guest rooms in approved casino hotels. Current law allows a hotel, motel or other lodging establishment to permit smoking in up to 20 percent of its guest rooms. This bill repeals that provision of law, and adds the guest rooms of approved casino hotels to the list of establishments and premises that are not subject to the provisions of the “New Jersey Smoke-Free Air Act.”