Permits new cigar lounges to be opened under certain circumstances.

S3729

SENATE, No. 3729

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 5, 2026

Sponsored by:

Senator� ANTHONY M. BUCCO

District 25 (Morris and Passaic)

SYNOPSIS

���� Permits new cigar lounges to be opened under certain
circumstances.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning certain cigar 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.����
(1)
� 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)
]

����
(a)
�� in the preceding
calendar year, the cigar bar or lounge generated 15 percent 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)
]

����
(b)
�� the cigar
bar or cigar lounge has not expanded its size or changed its location since
December 31, 2004;

����
(2)�� (a)� any cigar lounge
that is registered by the local board of health in the municipality in which
the lounge is located pursuant to this paragraph.

����
(b)�� The governing body of
a municipality may, by ordinance, permit a certain number of cigar lounges to
open and operate within the municipality.� Upon adoption of such ordinance, a
prospective cigar lounge may apply to the local board of health for such registration.�
The local board of health shall not grant an application for registration
pursuant to this subparagraph unless the registration provides that:

����
(i)��� no food or alcoholic
beverages shall be sold or served in the cigar lounge, except in the case of
private parties or other duly permitted events that are not open to the general
public;

����
(ii)�� the cigar lounge
shall not be located within a bar, restaurant, or other establishment in which
the principal business is the sale of food or alcoholic beverages for
consumption anywhere on the premises;

����
(iii)� the entrance to the
cigar lounge shall be distinct from any other establishment and accessible
directly by the public;

����
(iv)� the cigar lounge
shall be equipped with an exhaust system appropriate to ensure worker and
customer safety and to maintain breathable air quality in the cigar lounge or
other establishment; and

����
(v)�� the cigar lounge
shall not permit the use of any hookah to smoke tobacco or non-tobacco products
anywhere on the premises.

����
(c) The registration of a
cigar lounge pursuant to this paragraph shall remain in effect for one year and
shall be renewable only if:

����
(i)��� in the preceding
calendar year, the cigar 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;

����
(ii)�� the cigar lounge
continues to satisfy all the requirements of the initial grant of an
application for registration set forth in subparagraph (b) of this paragraph;

����
(iii)� the filter of the
exhaust system has been replaced; and

����
(iv)� the cigar lounge has
not expanded its size or changed its location during the preceding registration
period.

����
(d)�� If a cigar lounge
fails to have its registration renewed after one year, its owner shall not be
permitted to register another cigar lounge.

����
(e)�� For the purposes of
this paragraph:

����
"Establishment"
means a place of business, commerce or other service-related activity, whether
public or privately-owned or operated on a for-profit or nonprofit basis;

����
"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;

���� 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.

���� 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.4)

���� 2.��� The Commissioner of
Health shall adopt rules and regulations necessary to effectuate the purpose of
this act pursuant to the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.).

���� 3.��� This act shall take
effect on the first day of the seventh month next following the date of
enactment, but the Commissioner of Health may take such anticipatory
administrative action in advance thereof as shall be necessary for the
implementation of this act.

STATEMENT

���� This bill would authorize a
municipality to adopt an ordinance allowing certain new cigar lounges within
the municipality that are exempt from the provisions of the "New Jersey
Smoke-Free Air Act." �The ordinance would set forth how many such lounges
may open and operate within the municipality. �If a municipality adopts such an
ordinance, a prospective cigar lounge would have to apply to the local board of
health in the municipality for a registration to open and operate in the
municipality. �The local board of health could only grant such application if
the lounge will: not sell or serve food or alcoholic beverages, except at
certain private events not open to the public; not be located within a bar or
restaurant; have an entrance distinct from any other establishment; be directly
accessible by the public; be equipped with an exhaust system appropriate to
ensure worker and customer safety; and not permit the use of hookahs. �Under
current law, only a cigar bar or lounge that opened before December 31, 2004 could
be registered with the local board of health, and be exempted from the
provisions of the "New Jersey Smoke-Free Air Act."

���� The bill would require a new
cigar lounge to renew its registration after one year, and each year
thereafter. �The local board of health could only renew a registration if the
cigar lounge generates 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, continues to comply with all the
requirements of the initial registration, replaces the filter of the exhaust
system, and does not expand its size or change its location.� If a cigar lounge
fails to have its registration renewed, its owner would not be permitted to
register another cigar lounge.