S1863

An Act concerning cigar bars and 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. 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)

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.

STATEMENT

This bill exempts additional businesses that operate as cigar bars or cigar lounges from the provisions of the “New Jersey Smoke-Free Air Act.” The bill permits a new cigar bar or cigar lounge to be opened and registered with the local board of health in the municipality in which the bar or lounge is located, as long as the bar or lounge files an application with the local board of health stating that it intends to generate 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. Under current law, only a cigar bar or lounge that opened before December 31, 2004 could be registered with the local board of health, and be exempted from the provisions of the “New Jersey Smoke-Free Air Act.”

The bill provides that if a new cigar bar or lounge fails to have its registration renewed after one year, due to not generating 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, or due to expanding its size or changing its location, its owner shall not be permitted to register another cigar bar or cigar lounge.

The bill shall take effect on the first day of the seventh month next following the date of enactment, but the Commissioner of Health may take any anticipatory administrative action in advance that is necessary for implementation.