ASSEMBLY, No. 2082







By Assemblyman GREENWALD



An Act concerning smoking in shopping malls and amending P.L.1985, c.318.


    Be It Enacted by the Senate and General Assembly of the State of New Jersey:


    1. Section 2 of P.L.1985, c.318 (C.26:3D-39) is amended to read as follows:

    2. As used in this act:

    a. "Indoor public place" means a structurally enclosed area generally accessible to the public in theatres, gymnasiums, libraries, museums, concert halls, auditoriums, or other similar facilities which are neither owned or leased by a governmental entity or qualify as a health care facility or the waiting room of a person licensed to practice the healing arts. Race track facilities, casinos licensed under the "Casino Control Act," P.L.1977, c.110 (C.5:12-1 et seq.) facilities used for the holding of boxing and wrestling exhibitions or performances, football, baseball, and other sporting event facilities, bowling alleys, dance halls, ice and roller skating rinks and other establishments providing ambulatory recreation are excluded from this definition.

    b. "Smoking" means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.

    c. "Shopping mall" means one or more enclosed indoor areas of a privately owned or operated commercial development to which the public is invited, which rents or leases space to retail stores, and offers an adjacent parking area.

(cf: P.L.1985, c.318, s.2)


    2. Section 3 of P.L.1985, c.318 (C.26:3D-40) is amended to read as follows:

    3. a. The owner, manager, proprietor, or other person who has control of an indoor public place shall establish nonsmoking areas in those places for which he is responsible. In establishing nonsmoking areas, the owner, manager, proprietor, or other person in charge shall provide areas for nonsmokers to use to conduct business or participate in activities free from the annoyance and health hazard of smoke.

    b. Smoking is prohibited in pharmacies, drug stores, or areas registered with the board of pharmacy of the State of New Jersey and to which permits have been issued for the dispensing of prescription drugs, and in any areas where hearing aids are sold at retail.

    c. Smoking areas for employees may be permitted in any indoor public place covered under this act as long as they are separate areas and not generally accessible to the public except where smoking is prohibited by municipal ordinance under authority of R.S.40:48-1 and R.S.40:48-2 for the purposes of protecting life and property from fire.

    d. Smoking is prohibited in shopping malls except, in the discretion of the mall management, in areas of restaurants or food courts where smoking is permitted, in tobacco businesses, and in smoking lounges established or approved by mall management which are separate areas that are either enclosed by walls or use other equally effective means to reduce the effects of smoke on the public, including, but not limited to, separately exhausted ventilation systems.

(cf: P.L.1985, c.318, s.3)


    3. This act shall take effect immediately.





    This bill would prohibit smoking in shopping malls throughout the State. However, smoking would be permitted in tobacco shops, restaurants with smoking areas and in enclosed smoking lounges, at the discretion of mall management.

    Since the U.S. Environmental Protection Agency released findings on the adverse health effects of passive smoking, shopping malls in New Jersey and around the country have been banning smoking on their premises. Vermont and New York have already enacted limits on mall smoking, according to the International Council of Shopping Centers.

    Under the bill, mall smoking would be subject to the penalty now in effect for smoking in indoor public places: a fine of up to $25. A smoker could only be fined if he refuses to comply once signs announcing the ban have been posted.

    The sponsor believes that this prohibition will provide a healthier environment for all customers. It follows that the more pleasant the mall's environment, the better business is going to be for its shops.


Prohibits smoking in shopping malls with certain exceptions.