New Jersey Enacts Smoking Ban and Age Restriction

The so-called "New Jersey Smoke-Free Air Act" would exempt cigar bars, cigar lounges, tobacco retail establishments, tobacco businesses, and bars located in casinos.  The new law will be effective 90 days after the outgoing acting governor signs it -- which he said he will on Sunday, January 15. That would make the effective date Friday, April 14.

 

"Cigar bar" and "cigar lounge is a bar or area within a bar -- or any establishment designated specifically for the smoking of tobacco products.  However, a cigar bar within a bar -- or cigar lounge within an establishment -- must be enclosed by solid walls or windows, a ceiling and a solid door and equipped with a ventilation system which is separately exhausted from the non-smoking areas of the bar.  In addition, a cigar bar or lounge is one 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 and is registered with the local board of health in the municipality in which it is located.

 

A "tobacco retail establishment" is one where at least 51% of its retail business is the sale of tobacco products and accessories, and where the sale of other products is merely incidental.

 

Finally, a "tobacco business" is one where 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.

 

New Jersey joins Alabama, Alaska and Utah in having a 19-year old minimum age requirement.  The New Jersey measure does not penalize the buyer, rather it sets penalties for store clerks selling a tobacco product to a person under 19.  The fine for a first offense is $250.  It is $500 for a second offense and $1,000 after that.