S2651

An Act concerning smoking in casinos and casino simulcasting facilities and amending P.L.2005, c.383, the “New Jersey Smoke-Free Air Act.”

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 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 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 percent 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;]

notwithstanding the provision of any law or ordinance to the contrary that was adopted on or after January 1, 2022, the area within the perimeter of any casino simulcasting facility approved by the Casino Control Commission pursuant to section 4 of P.L.1992, c.19 (C.5:12-194) and any casino approved by the Casino Control Commission pursuant to section 6 of P.L.1977, c.110 (C.5:12-6), provided that:

(1) smoking shall be permitted in not more than 25 percent of the area of any casino floor and casino simulcasting facility;

(2) smoking shall only be permitted in areas of the casino floor and casino simulcasting facility designated by signage by the operators for smoking;

(3) smoking shall only be permitted under the following circumstances:

(a) in unenclosed interior designated smoking areas which contain slot machines or other electronic games, but shall not include areas of the casino floor and casino simulcasting facility that are fifteen feet or less from any casino pits offering table games with live dealers; and

(b) in enclosed interior designated smoking areas equipped with a ventilation system that is separately exhausted from other interior areas of the casino, casino simulcasting facility, and hotel facility, as applicable, so that air from the smoking area is not recirculated or backstreamed into interior areas that are not interior designated smoking areas;

(4) all enclosed interior designated smoking areas shall be separated from other interior areas of the casino, casino simulcasting facility, and hotel facility, as applicable, by solid walls or windows, a ceiling, and a solid door; and

(5) no stationary employee shall be assigned to work in an enclosed interior designated smoking area unless the employee voluntarily chooses to work in the designated enclosed interior smoking area;

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;

g. a golf course;

h. an area of a municipal or county beach, not to exceed 15 percent of the total area of the beach, which is designated by the municipality or county by ordinance or resolution as a smoking area; and

i. any cigar bar or lounge previously registered with the local board of health pursuant to subsection a. of this section that has, in accordance with the requirements of this subsection, renewed that registration following a period of lapse. A cigar bar or cigar lounge registration which has lapsed may be renewed under this subsection if: (1) no more than 10 years have elapsed since the date the registration lapsed; (2) in the calendar year immediately preceding the lapse, the cigar bar or lounge generated 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; and (3) the cigar bar or lounge has not expanded its size or changed its location since December 31, 2004. A registration renewed pursuant to this subsection shall remain in effect for one year, and shall be renewable thereafter only if it meets the requirements for renewal as set forth in this subsection or subsection a. of this section.

(cf: P.L.2018, c.158, s.1)

2. This act shall take 18 months after the date of enactment.

STATEMENT

This bill amends the “New Jersey Smoke-Free Air Act” (act) with respect to smoking in casinos and casino simulcasting facilities.

Under the bill, the act’s prohibition on smoking is not to apply to the area within the perimeter of any casino simulcasting facility approved by the Casino Control Commission pursuant to section 4 of P.L.1992, c.19 (C.5:12-194) and any casino approved by the Casino Control Commission pursuant to section 6 of P.L.1977, c.110 (C.5:12-6), provided that:

(1) smoking is to be permitted in not more than 25 percent of the area of any casino floor and casino simulcasting facility;

(2) smoking is to only be permitted in areas of the casino floor and casino simulcasting facility designated by signage by the operators for smoking;

(3) smoking is to only be permitted under the following circumstances: in unenclosed interior designated smoking areas which contain slot machines or other electronic games, but is not to include areas of the casino floor and casino simulcasting facility that are fifteen feet or less from any casino pits offering table games with live dealers; and in enclosed interior designated smoking areas equipped with a ventilation system that is separately exhausted from other interior areas of the casino, casino simulcasting facility, and hotel facility, as applicable, so that air from the smoking area is not recirculated or backstreamed into interior areas that are not interior designated smoking areas;

(4) all enclosed interior designated smoking areas are to be separated from other interior areas of the casino, casino simulcasting facility, and hotel facility, as applicable, by solid walls or windows, a ceiling, and a solid door; and

(5) no stationary employee is to be assigned to work in an enclosed interior designated smoking area unless the employee voluntarily chooses to work in the designated enclosed interior smoking area.