New Jersey Administrative Code
Title 8 - HEALTH
Chapter 6 - SMOKE-FREE AIR
Subchapter 3 - REGISTRATION: CIGAR BARS AND CIGAR LOUNGES
Section 8:6-3.1 - Procedure for initial registration; form
Universal Citation: NJ Admin Code 8:6-3.1
Current through Register Vol. 56, No. 24, December 18, 2024
(a) A person having control of an establishment seeking to register the establishment or an area within the establishment as an exempt cigar bar or cigar lounge pursuant to N.J.S.A. 26:3D-59 shall submit the following to the local health agency with jurisdiction over the municipality in which the proposed exempt cigar bar or cigar lounge is located:
1. The completed and fully executed
application form provided at chapter Appendix A, incorporated herein by
reference;
2. A copy of deeds or
leases for the premises at which a proposed exempt cigar bar or cigar lounge is
located held by the applicant or its predecessors in title or leasehold showing
the occupancy of the premises as a cigar bar or cigar lounge as of December 31,
2004, to the date of application;
3. A copy of the certificate of occupancy for
the premises as of December 31, 2004, and/or thereafter, as applicable, if the
issuance of a certificate of occupancy was or is a condition of occupancy
pursuant to applicable local law, as of December 31, 2004, and/or
thereafter;
4. The sworn and
notarized affidavit of a New Jersey licensed certified public accountant
attesting that the proposed exempt cigar bar or cigar 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, excluding sales from
vending machines, for the calendar year ending December 31, 2004, and for each
succeeding calendar year ending December 31 of the year preceding the date of
the application;
i. The information contained
in the application and affidavit required pursuant to (a)1 and 4 above shall be
subject to reporting to and auditing by the Division of Taxation of the New
Jersey Department of the Treasury; and
5. If the proposed exempt cigar bar or cigar
lounge is located within an establishment at which smoking is prohibited
pursuant to the Act, the sworn and notarized affidavit of a New Jersey design
professional attesting that:
i. The proposed
exempt cigar bar or cigar lounge is in an area within the location that is
enclosed by:
(1) Solid walls or
windows;
(2) A ceiling;
and
(3) A solid door; and
ii. The ventilation system of the
proposed exempt cigar bar or cigar lounge is separately exhausted from the
nonsmoking areas of the establishment so that air from the proposed smoking
area would not be recirculated to the nonsmoking areas and smoke would not be
backstreamed into the nonsmoking areas.
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