Creates cigar night smoking ban exemption at racetracks and off-track wagering facilities.

A1035

ASSEMBLY, No. 1035

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

SYNOPSIS

���� Creates cigar night smoking ban exemption at
racetracks and off-track wagering facilities.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

creating a cigar night smoking ban exemption for
racetracks and off-track wagering facilities 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;

����
(3)� any racetrack, as
defined in section 3 of P.L.2001, c.199 (C.5:5-129), in controlled specified
areas for the purposes of a cigar night or similar event wherein smoking shall
be permitted temporarily, not to exceed five times per year per racetrack; and

����
(4)� any off-track wagering
facility, as defined in section 3 of P.L.2001, c.199 (C.5:5-129), in controlled
specified areas for the purposes of a cigar night or similar event wherein
smoking shall be permitted temporarily, not to exceed five times per year per
off-track wagering facility;

���� 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.

(cf:� P.L.2018, c.158, s.1)

���� 2.��� This act shall take
effect immediately.�

STATEMENT

���� This bill creates an exemption
to the smoking ban on indoor public places by permitting racetracks and
off-track wagering facilities to host �cigar nights.� The �cigar nights� will
be permitted in controlled specified areas no more than five times per year per
facility.