Current through Register Vol. 56, No. 24,
December 18, 2024
(a) A
person having control of an establishment seeking to renew the registration of
an exempt cigar bar or cigar lounge pursuant to
N.J.S.A.
26:3D-59 shall submit the following, subject
to (b) below, as applicable, to the local health agency with jurisdiction over
the municipality in which the proposed exempt cigar bar or cigar lounge is
located by no later than April 15 of the year in which the existing
registration is to expire:
1. The completed
registration renewal application form provided at chapter Appendix B,
incorporated herein by reference;
2. A copy of the deed or lease 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 from the date of the
last registration renewal to the date of the application;
3. A copy of the certificate of occupancy for
the premises from the date of the last registration renewal to the date of the
application, to the extent the issuance of a certificate of occupancy was a
condition of occupancy pursuant to local law during the period since the date
of the last registration renewal; and
4. The sworn and notarized affidavit of a New
Jersey licensed certified public accountant attesting that the 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, during the calendar year ending December
31 of the year preceding the date of the registration renewal application.
i. The information contained in the affidavit
required pursuant to (a)4 above shall be subject to reporting to and auditing
by the Division of Taxation of the New Jersey Department of the
Treasury.
(b)
If the proposed exempt cigar bar or cigar lounge is located within an
establishment at which smoking is prohibited pursuant to the Act, the applicant
shall submit, in addition to information required pursuant to (a) above:
1. The applicant's sworn and notarized
statement in the appropriate location on the registration renewal application
form that there has been no modification to the enclosure, ventilation system,
or location of cigar bar or cigar lounge since the date of the last
registration; and/or
2. If there
has been any modification to the enclosure or ventilation system of the exempt
cigar bar or cigar lounge, the sworn and notarized affidavit of a New Jersey
design professional attesting that, with respect to any modification to the
enclosure or ventilation system to occurring since the date of the last
registration, the ventilation system of the exempt cigar bar or cigar lounge is
separately exhausted from the nonsmoking areas of the establishment so that air
from the smoking area is not recirculated to the nonsmoking areas and smoke is
not backstreamed into the nonsmoking areas, and the exempt cigar bar or cigar
lounge remains in an area within the location that is enclosed by:
i. Solid walls or windows;
