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A4899
ASSEMBLY, No. 4899
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 7, 2026
Sponsored by:
Assemblywoman� MAUREEN ROWAN
District 2 (Atlantic)
SYNOPSIS
���� Regulates smoking in casinos and casino simulcasting
facilities.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning smoking in casinos and casino simulcasting
facilities and amending P.L.2005, c.383, the �New Jersey Smoke-Free Air Act.�
����
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;
]
����
notwithstanding the
provision of any law or ordinance to the contrary that was adopted on or after
January 1, 2022, the area within the perimeter of any casino simulcasting
facility approved by the Casino Control Commission pursuant to section 4 of
P.L.1992, c.19 (C.5:12-194) and any casino approved by the Casino Control
Commission pursuant to section 6 of P.L.1977, c.110 (C.5:12-6), provided that:
����
(1) �smoking shall be
permitted in not more than 25 percent of the area of any casino floor and
casino simulcasting facility;
����
(2) �smoking shall only be
permitted in areas of the casino floor and casino simulcasting facility designated
by signage by the operators for smoking;
����
(3) �smoking shall only be
permitted under the following circumstances:
����
(a) �in unenclosed interior
designated smoking areas which contain slot machines or other electronic games,
but shall not include areas of the casino floor and casino simulcasting
facility that are fifteen feet or less from any casino pits offering table
games with live dealers; and
����
(b) �in enclosed interior
designated smoking areas equipped with a ventilation system that is separately
exhausted from other interior areas of the casino, casino simulcasting facility,
and hotel facility, as applicable, so that air from the smoking area is not
recirculated or backstreamed into interior areas that are not interior
designated smoking areas;
����
(4) �all enclosed interior
designated smoking areas shall be separated from other interior areas of the casino,
casino simulcasting facility, and hotel facility, as applicable, by solid walls
or windows, a ceiling, and a solid door; and
����
(5) �no stationary employee
shall be assigned to work in an enclosed interior designated smoking area
unless the employee voluntarily chooses to work in the designated enclosed
interior smoking area;
���� 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 18
months after the date of enactment.
STATEMENT
���� This bill amends the �New
Jersey Smoke-Free Air Act� (act) with respect to smoking in casinos and casino
simulcasting facilities.
���� Under the bill, the act�s
prohibition on smoking is not to apply to the area within the perimeter of any
casino simulcasting facility approved by the Casino Control Commission pursuant
to section 4 of P.L.1992, c.19 (C.5:12-194) and any casino approved by the
Casino Control Commission pursuant to section 6 of P.L.1977, c.110 (C.5:12-6),
provided that:
���� (1)� smoking is to be
permitted in not more than 25 percent of the area of any casino floor and
casino simulcasting facility;
���� (2)� smoking is to only be
permitted in areas of the casino floor and casino simulcasting facility
designated by signage by the operators for smoking;
���� (3)� smoking is to only be
permitted under the following circumstances: in unenclosed interior designated
smoking areas which contain slot machines or other electronic games, but is not
to include areas of the casino floor and casino simulcasting facility that are
fifteen feet or less from any casino pits offering table games with live
dealers; and in enclosed interior designated smoking areas equipped with a
ventilation system that is separately exhausted from other interior areas of
the casino, casino simulcasting facility, and hotel facility, as applicable, so
that air from the smoking area is not recirculated or backstreamed into
interior areas that are not interior designated smoking areas;
���� (4)� all enclosed interior
designated smoking areas are to be separated from other interior areas of the
casino, casino simulcasting facility, and hotel facility, as applicable, by
solid walls or windows, a ceiling, and a solid door; and
���� (5)� no stationary employee is
to be assigned to work in an enclosed interior designated smoking area unless
the employee voluntarily chooses to work in the designated enclosed interior
smoking area.