New Jersey-2014-A228-Amended

An Act concerning ¹[cigar bars and] certain¹ 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[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] files an application with the local board of health in the municipality in which the bar or lounge is located, on a form and in a manner prescribed by regulation of the Commissioner of Health, stating that it intends to generate 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 subsequently 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 if 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] during the year in which it is registered. Should the cigar bar or cigar lounge fail to have its registration renewed after one year, its owner shall not be permitted to register another cigar bar or cigar lounge;

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.

(cf: P.L.2005, c.383, s.5)]¹

¹1. 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;

(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; and

(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.

(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;

b. any tobacco retail establishment, or any area the tobacco retail establishment provides for the purposes of smoking;

d. private homes, private residences and private automobiles; and

e. the area within the perimeter of:

(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.¹

(cf: P.L.2005, c.383, s.5)

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.