The
New Jersey Smoke-Free Air Act
- Exceptions
The
New Jersey Smoke-Free Air Act includes a few exceptions for
certain workplaces and public places, but these excepted workplaces
must meet specific requirements, according to the Act. The
law in its entirety, including the exception requirements,
is available on the state website and can be viewed by clicking
here. The definitions of the cigar bar and tobacco retail
business are in section 3 (C.26:3D-57) of the Act. The description
of the the exceptions are in section 5 (C.26:3D-59) and section
6 (C.26:3D-60) of the Act.
Below
is a summary of the exceptions, in outline form, and the requirements
for qualifying for an exception. Some requirements concern
ventilation, revenues, registration, and location; while others
concern activities that take place in the establishment. Here
are the summarized specifications for each exception:
Cigar bar and cigar lounge exception requirements:
Ventilation
requirements:
If
a cigar bar is within a bar, or a cigar lounge is within an
other establishment, then that cigar bar or cigar lounge shall
be an area that is:
- enclosed
by solid walls or windows, a ceiling, and a solid door,
and
- equipped
with a ventilation system which is separately exhausted
from the nonsmoking areas of the bar so that air from the
smoking area is not recirculated to the nonsmoking areas
and smoke is not backstreamed into the nonsmoking areas.
Revenue
and registration requirements:
The
cigar bar or cigar lounge shall:
- as
of the calendar year ending December 31, 2004, have generated
15% or more of its total annual gross income from the on-site
sale of tobacco products (excluding cigarettes, see note)
and the rental of on-site humidors, not including any sales
from vending machines, and
-
register with the local board of health in the municipality
in which the bar or lounge is located, with registration
in effect for one year, and renewable only if:
-
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 (excluding
cigarettes, see note) and the rental of on-site humidors,
and
- the
cigar bar or cigar lounge has not expanded its size
or changed its location since December 31, 2004.
Note:
"Tobacco product" does not include cigarettes, as
defined in section 102 of the "Cigarette Tax Act,"
P.L. 1948, c.65 (C.54:40A-1 et seq.).
Location
requirement:
-
The cigar bar or cigar lounge has not expanded its size
or changed its location since December 31, 2004.
Note:
cigar merchandise smoked on the site may be purchased on the
premises of the cigar bar or cigar lounge, or elsewhere.
Application
forms:
Tobacco
retail establishment exception requirements:
Revenue
requirements:
- At
least 51% of the tobacco retail establishment's business
must be the sale of tobacco products (excluding cigarettes,
see note) and accessories, and
- the
sale of other products must be merely incidental.
Note:
"Tobacco product" does not include cigarettes, as
defined in section 102 of the "Cigarette Tax Act,"
P.L. 1948, c.65 (C.54:40A-1 et seq.).
Note:
there are no ventilation, registration, or location requirements
for a "tobacco retail establishment" in the Smoke-Free
Air Act.
Application
form:
[Cigar and pipe] tobacco business exception
requirement:
Activities
requirement:
- The
provisions of the Act shall not apply 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.
Note:
there are no ventilation, registration, or location requirements
for a tobacco business in the Smoke-Free Air Act.
Casino
gaming floor exception requirement:
Activities
requirement:
- The
casino must contain at least 150 stand-alone slot machines,
10 table games, or some combination of the two, approved
by the Casino Control Commission, and available to the public
for wagering.
Note:
There are no ventilation requirements for a casino gaming
floor in the Smoke-Free Air Act. The Act does not ban bars
or restaurants on the gaming floors; New Jersey's regulations
on gaming and casinos may have their own rules on this topic.
Casino
simulcasting facility exception requirement:
Activities
requirement:
- The
casino simulcasting facility must contain a simulcast counter
and dedicated seating for at least 50 simulcast patrons,
or a simulcast operation and at least 10 table games, that
are available to the public for wagering.
Note:
There are no ventilation requirements for a simulcasting facility
in the Smoke-Free Air Act.
Hotel,
motel, and lodging establishment guest rooms exception requirement:
- A
hotel or motel may permit smoking in up to 20% of its guest
rooms.
Note:
The Act says the person in control "may", rather
than "shall", permit smoking in up to 20% of its
guest rooms. This means that a hotel may designate fewer than
20% of its guest rooms as smoking, or declare it has 100%
smokefree guest rooms.
Private
homes, private residences, and automobiles exception requirement:
- The
Act does not specify any requirements that must be met to
qualify for exception.
Please
note: The information presented on this website is not
intended as, nor to be construed or used as legal advice,
and should not be used to replace the advice of your own legal
counsel for the specific circumstances of your matter.
This page updated April 18, 2006.
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