Bill Text: NJ S2781 | 2014-2015 | Regular Session | Introduced
Bill Title: Provides exception to "New Jersey Smoke-Free Air Act" authorizing establishment of hookah lounges under certain circumstances.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-03-09 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S2781 Detail]
Download: New_Jersey-2014-S2781-Introduced.html
Sponsored by:
Senator NELLIE POU
District 35 (Bergen and Passaic)
Senator JOSEPH PENNACCHIO
District 26 (Essex, Morris and Passaic)
SYNOPSIS
Provides exception to "New Jersey Smoke-Free Air Act" authorizing establishment of hookah lounges under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning indoor smoking and amending P.L.2005, c.383.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2005, c.383 (C.26:3D-57) is amended to read as follows:
3. As used in this act:
"Bar" means a business establishment or any portion of a nonprofit entity, which is devoted to the selling and serving of alcoholic beverages for consumption by the public, guests, patrons or members on the premises and in which the serving of food, if served at all, is only incidental to the sale or consumption of such beverages.
"Cigar bar" means any bar, or area within a bar, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere; except that a cigar bar that is in an area within a bar shall be an area 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.
"Cigar lounge" means any establishment, or area within an establishment, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere; except that a cigar lounge that is in an area within an establishment shall be an area 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 establishment so that air from the smoking area is not recirculated to the nonsmoking areas and smoke is not backstreamed into the nonsmoking areas.
"Electronic smoking device" means an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.
"Hookah" means a water pipe that is used to smoke tobacco or non-tobacco products by drawing the smoke through water and into an attached hose for inhalation.
"Hookah lounge"
means any establishment, including a restaurant or other establishment where
the principal business is the sale of food for consumption on the premises, or an
area within such establishment, that is designated specifically for hookah use;
except that a hookah lounge that is in an area within an establishment shall be
an area 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 establishment so
that air from the smoking area is not recirculated to the nonsmoking areas and
smoke is not backstreamed into the nonsmoking areas.
"Indoor public place" means a structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public, including, but not limited to: a commercial or other office building; office or building owned, leased or rented by the State or by a county or municipal government; public and nonpublic elementary or secondary school building; board of education building; theater or concert hall; public library; museum or art gallery; bar; restaurant or other establishment where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment; garage or parking facility; any public conveyance operated on land or water, or in the air, and passenger waiting rooms and platform areas in any stations or terminals thereof; health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); patient waiting room of the office of a health care provider licensed pursuant to Title 45 of the Revised Statutes; child care center licensed pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.); race track facility; facility used for the holding of sporting events; ambulatory recreational facility; shopping mall or retail store; hotel, motel or other lodging establishment; apartment building lobby or other public area in an otherwise private building; or a passenger elevator in a building other than a single-family dwelling.
"Person having control of an indoor public place or workplace" means the owner or operator of a commercial or other office building or other indoor public place from whom a workplace or space within the building or indoor public place is leased.
"Smoking" means the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
"Tobacco retail establishment" means an establishment in which at least 51% of retail business is the sale of tobacco products and accessories, and in which the sale of other products is merely incidental.
"Workplace" means a structurally enclosed location or portion thereof at which a person performs any type of service or labor.
(cf: P.L.2009, c.182, s.2)
2. 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 10 table games, which simulcast facilities and games are available to the public for wagering; and
f. any hookah lounge that, in the first full calendar year after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), generated at least 20% but no more than 45% of its total annual gross income from the on-site sale of hookah products and, as of December 31 of that year, is registered with the local board of health in the municipality in which the 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 hookah lounge generated at least 20% but no more than 45% of its total annual gross income from the on-site sale of hookah products, and (2) the hookah lounge has not expanded its size or changed its location since the date the hookah lounge initially registered with the local board of health. As used in this section, "on-site sale of hookah products" shall include the sale of tobacco and non-tobacco products designed or intended to be smoked using a hookah, the sale of hookahs and hookah parts and accessories, and the rental of hookahs for on-site use; the term shall not include any sales from vending machines.
(cf: P.L.2005, c.383, s.5)
3. (New section) a. A hookah lounge that qualifies for an exception to P.L.2005, c.383 (C.26:3D-55 et seq.) pursuant to subsection f. of section 5 of P.L.2005, c.383 (C.26:3D-59) shall be subject to the following penalties in the event that a person under the age of 19 is permitted to use a hookah on the premises or is allowed access to the designated smoking area of the hookah lounge, or in the event a controlled dangerous substance is consumed on the premises in violation of chapter 35 of the New Jersey Statutes:
(1) $250 for a first offense;
(2) $500 for a second offense;
(3) $1,000 for a third or subsequent offense.
b. A civil penalty imposed under subsection a. of this section shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of subsection a. of this section, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
c. A penalty imposed pursuant to this section shall be in addition to any other civil or criminal penalty that may be imposed by law.
4. This act shall take effect immediately.
STATEMENT
This bill would provide an exception to the "New Jersey Smoke-Free Air Act" to allow certain establishments, including restaurants or other establishments where the principal business is the sale of food for consumption on the premises, to offer indoor hookah use. A hookah is a water pipe that is used to smoke tobacco or non-tobacco products by drawing the smoke through water and into an attached hose for inhalation.
To qualify for this exception, an establishment seeking to operate as a hookah lounge would be required, in the first full calendar year after the date of enactment of the bill, to have generated at least 20% but no more than 45% of its total annual gross income from the on-site sale of hookah products, and, as of December 31 of that year, to have registered with the local board of health in the municipality in which the establishment is located. The registration would remain in effect for one year and would be renewable only if: (1) in the preceding calendar year, the hookah lounge generated at least 20% but no more than 45% if its total annual gross income from the on-site sale of hookah products, and (2) the hookah lounge does not expand its size or change its location after its date of initial registration with the local board of health. The "on-site sale of hookah products" would include the sale of tobacco and non-tobacco products designed or intended to be smoked using a hookah, the sale of hookahs and hookah parts and accessories, and the rental of hookahs for on-site use; the term would not include any sales from vending machines.
Additionally, the bill would require that, if the hookah lounge is in an area within an establishment, as opposed to comprising the entire establishment, that area must be enclosed by solid walls or windows, a ceiling, and a solid door. The area must also be equipped with a ventilation system, which is separately exhausted from the nonsmoking areas of the establishment so that air from the smoking area is not recirculated to the nonsmoking areas, and smoke is not backstreamed into the nonsmoking areas.
A hookah lounge that qualifies for an exception under the bill would be subject to certain civil penalties in the event a person under the age of 19 uses a hookah on the premises or is permitted access to the designated smoking area, or in the event that illegal drugs are consumed on the premises. The civil penalty would be $500 for a first offense; $750 for a second offense; and $1,000 for a third or subsequent offense, and would be imposed in addition to any other civil or criminal penalty that may be imposed by law.
It is the sponsor's belief that certain establishments which do not currently qualify for an exception to the prohibition against indoor smoking under the New Jersey Smoke-Free Air Act should be afforded the opportunity to offer indoor hookah use.
