Bill Text: NJ S504 | 2020-2021 | Regular Session | Introduced
Bill Title: Authorizes establishment of new cigar bars in Atlantic City Tourism District.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-14 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S504 Detail]
Download: New_Jersey-2020-S504-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Senator CHRIS A. BROWN
District 2 (Atlantic)
SYNOPSIS
Authorizes establishment of new cigar bars in Atlantic City Tourism District.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning indoor smoking restrictions 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 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;
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; and
j. a cigar bar located in the Atlantic City Tourism District established pursuant to section 5 of P.L.2011, c.18 (C.5:12-219), provided that, notwithstanding any ordinance or regulation to the contrary:
(1) the cigar bar is not located on the premises of a casino or casino simulcasting facility;
(2) the cigar bar is registered with the local board of health and has been approved as a permitted use by the Casino Reinvestment Development Authority established pursuant to section 5 of P.L.1984, c.218 (C.5:12-153);
(3) smoking in the cigar bar is limited to cigars only;
(4) a retail license or permit issued pursuant to Title 33 of the Revised Statutes that authorizes the sale of alcoholic beverages for consumption on the licensed premises is used in connection with the cigar bar, the entire premises of which shall constitute the licensed premises; and
(5) the cigar bar restricts entry to persons 21 years of age and older.
Notwithstanding any other provision of law or regulation to the contrary, for the purposes of R.S.33:1-12, all sales of cigars and food at a cigar bar that is subject to the provisions of this subsection shall deemed an accommodation to patrons of the cigar bar, and all nonalcoholic beverages sold to patrons of the cigar bar shall be deemed as accessory beverages to alcoholic beverages.
(cf: P.L.2018, c.58, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill would establish a new exemption from the requirements of the "New Jersey Smoke-Free Air Act" to allow additional cigar bars to open in the Atlantic City Tourism District. The bill would require that any cigar bar established under its provisions be registered with the local board of health and approved as a permitted use by the Casino Reinvestment Development Authority. Smoking in the new cigar bars would be limited to cigars, and the new bars would not be located on the premises of a casino. A cigar bar authorized under the bill will be required to have a license or permit authorizing the sale of alcoholic beverages for consumption on the premises, and to restrict entry to only persons 21 years of age and older. For the purposes of complying with State laws concerning retail liquor licenses, all sales of cigars and food at the cigar bar will be deemed to be an accommodation to patrons, and all nonalcoholic beverage sales will be deemed as accessory to alcoholic beverages.
It is the sponsor's belief that allowing new cigar bars and lounges to open will help promote tourism, enhance the Atlantic City experience, allow vacant properties to be redeveloped into thriving businesses, and stimulate additional commercial development in the Atlantic City Tourism District.
