SENATE, No. 1229

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 3, 1996

 

 

By Senator SINAGRA

 

 

An Act prohibiting the advertising of tobacco products on certain properties and supplementing Title 2A of the New Jersey Statutes.

 

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

 

    1. For purposes of this act:

    "Arcade" means a place where a single player upon payment of a fee is permitted to play a machine or device to obtain a prize, ticket or token redeemable for a prize, or attain a score upon the basis of which a prize, ticket or token is awarded, and which is subject to the provisions of the "Amusement Games Licensing Law," P.L.1959, c.109 (C.5:8-100 et seq.).

    "Family amusement center" means an indoor or outdoor facility, either publicly or privately owned or operated, which provides participatory recreational activities for members of the general public, and includes an amusement park, fair, carnival, arcade, video arcade and other similar facilities.

     "Sports stadium" means any indoor or outdoor facility, either publicly or privately owned or operated, whose primary purpose is to hold amateur or professional athletic events.

    "Tobacco product" means cigarettes, cigars, loose tobacco, and smokeless tobacco.

 

    2. No sports stadium shall sell, rent or lease advertising space, or cause or otherwise permit the display of advertising material, on any property of the stadium if the advertisement advocates or promotes the brand name of a tobacco product. The provisions of this section shall apply to permanent billboards and other permanent signs on the property of the sports stadium.

 

    3. No public or private entity which operates a sports stadium, arena or other similar recreational facility in the State shall permit brand name tobacco product sponsorship of any event, performance or other activity at the facility, unless the promoter of the event, performance or other activity, or manager of the facility, certifies to the governing body in the municipality in which the facility is located that at least 75% of the persons who will be in attendance at the event, performance or other activity are expected to be 18 years of age or older. The provisions of the section shall not apply to motor sports events and rodeo productions.

 

    4. No family amusement center shall sell, rent or lease advertising space, or cause or otherwise permit the display of advertising material, on any property of the family amusement center to which persons under 18 years of age have access, if the advertisement advocates or promotes a tobacco product, the use thereof, the chewing, burning or smoking of a tobacco product, or the brand name of a tobacco product. In addition to its applicability to billboards and other signs, this section shall apply to all types of advertising materials, including, but not limited to: the display of such advertising materials at concession stands and restaurants on property of the family amusement center. For purposes of this section, the packaging of a tobacco product shall not be considered advertising material.

 

    5. The provisions of sections 2 and 4 of this act shall not apply to any contract or agreement for the type of advertising prohibited by this act entered into or renewed before the effective date of this act. No contract or agreement for the type of advertising prohibited by this act entered into or renewed before the effective date of this act shall be extended or amended to lengthen the duration of the contract or agreement.

 

    6. This act shall take effect on the 60th day following enactment.

 

 

STATEMENT

 

    This bill establishes certain restrictions on advertising and promoting of events by tobacco product manufacturers.

    Specifically, the bill provides that sports stadiums shall not sell, rent or lease advertising space, or cause or otherwise permit the display of advertising material, on any property of the stadium if the advertisement advocates or promotes the brand name of a tobacco product. The prohibition applies to permanent billboards and other permanent signs on the property of the sports stadium. The bill defines sports stadium to mean any indoor or outdoor facility, either publicly or privately owned or operated, whose primary purpose is to hold amateur or professional athletic events.

     The bill also prohibits public or private entities which operate a sports stadium, arena or other similar recreational facility in the State, from permitting brand name tobacco product sponsorship of any event, performance or other activity at the facility, unless the promoter of the event, performance or other activity, or manager of the facility, certifies to the governing body in the municipality in which the facility is located that at least 75% of the persons who will be in attendance at the event, performance or other activity are expected to be 18 years of age or older. This prohibition, however, shall not apply to motor sports events and rodeo productions.

    Finally, the bill provides that no family amusement center shall sell, rent or lease advertising space, or cause or otherwise permit the display of advertising material, on any property of the family amusement center to which persons under 18 years of age have access, if the advertisement advocates or promotes a tobacco product, the use thereof, the chewing, burning or smoking of a tobacco product, or the brand name of a tobacco product. In addition to its applicability to billboards and other signs, this prohibition shall apply to all types of advertising materials, including, but not limited to: the display of such advertising materials at concession stands and restaurants on property of the family amusement center. The bill defines family amusement center to mean an indoor or outdoor facility, either publicly or privately owned or operated, which provides participatory recreational activities for members of the general public, and includes an amusement park, fair, carnival, arcade, video arcade and other similar facilities.

    The advertising prohibitions in the bill do not apply to existing contracts or agreements for such advertising space entered into or renewed prior to the effective date of this bill.

    The restrictions on advertising of tobacco products in facilities and during events at which minors are likely to be present are intended to reduce the use of tobacco products by minors. The provisions in the bill are consistent with recent proposals made by Philip Morris USA for curbing use of tobacco products by minors.

 

 

                             

Establishes restrictions on advertising of tobacco products in certain recreational arenas.