A1024 —

A1024 1RAssembly [FirstStatement Reprint]2/15/18 STATEMENT TO   ASSEMBLY, No.

1024 STATE OF NEW JERSEY 218th LEGISLATURE   PRE-FILEDwith FORAssembly INTRODUCTIONFloor INAmendments THE(Proposed 2018by SESSIONAssemblyman  JOHNSON)   SponsoredADOPTED: by:

Assemblyman FEBRUARY GORDON15, M.2018         These Assembly floor amendments provide that a cigar bar or lounge can renew its registration with a local board of health no more than 10 years after the previous registration lapsed.  As introduced, the bill permitted renewal of registration no more than five years after the previous registration lapsed. 

JOHNSON District 37 (Bergen) Assemblyman  WAYNE P.

DEANGELO District 14 (Mercer and Middlesex)         SYNOPSIS      Provides that cigar bars and lounges may renew lapsed registration to permit indoor smoking under certain circumstances.

  CURRENT VERSION OF TEXT      As amended by the General Assembly on February 15, 2018.

   An Act concerning cigar bars and 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 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) 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;

      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 table games, which simulcast facilities and games are available to the public for wagering;

1[and]1       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;

1and1      g.    any cigar bar or lounge previously registered with the local board of health pursuant to subsection a.

of this section that has, pursuant to this subsection, renewed that registration following a period of lapse.  A lapsed registration may be renewed only if:

(1) no more than 1[five] 101 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% 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.2017, c.271, s.1)        2.    The Commissioner of Human Services shall, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such rules and regulations as may be necessary to implement the provisions of this act.

       3.    This act shall take effect immediately.