N.J. Admin. Code § 8:6-3.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:6-3.3 - Local health agency review of application; issuance of initial registration

(a) In determining whether to register a proposed exempt cigar bar or cigar lounge pursuant to 26:3D-59, a local health agency to which an initial application for registration is made pursuant to 8:6-3.1 shall review the application, the supporting documentation submitted pursuant to N.J.A.C. 8:6-3.1, the information the local health agency receives pursuant to 8:6-3.2(a), and the results of any inspections conducted pursuant to 8:6-3.2(b).

1. In addition, the local health agency shall consider any applicable local ordinance that provides restrictions on or prohibitions against smoking equivalent to or greater than those provided under the Act and this chapter, in accordance with 26:3D-63.

(b) The local health agency shall grant an initial application for registration of a proposed exempt cigar bar or cigar lounge if the local health agency determines that:

1. The proposed exempt cigar bar or cigar lounge has not expanded in size since December 31, 2004, to the date of the application;

2. The proposed exempt cigar bar or cigar lounge has not changed its location since December 31, 2004, to the date of the application;

3. 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;

4. If the proposed exempt cigar bar or cigar lounge is located within an establishment at which smoking is prohibited pursuant to the Act:

i. The proposed exempt cigar bar or cigar lounge is in an area within the establishment 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 smoking area is not recirculated to the nonsmoking areas and smoke is not backstreamed into the nonsmoking areas; and

5. There is no applicable local ordinance pursuant to (a)1 above that prohibits granting the application for registration.

(c) If the local health agency finds that a proposed exempt cigar bar or cigar lounge meets the conditions for registration in (b) above, the local health agency, within 20 business days of the local health agency's receipt of a completed application and any required supporting documentation, and the conclusion of any inspections the local health agency may require pursuant to 8:6-3.2(b), shall:

1. Issue a written notice to the applicant advising the applicant of the approval of the request for registration; and

2. Place a notice of registration of the exempt cigar bar or cigar lounge on file in the official records of the local board of health with jurisdiction over the municipality in which the exempt cigar bar or cigar lounge is located.

(d) The registration of an exempt cigar bar or cigar lounge shall expire on June 30 of the year following the year of issuance.

(e) If the local health agency finds that a proposed exempt cigar bar or cigar lounge fails to meet the conditions for registration in (b) above, the local health agency, within 20 business days of the local health agency's receipt of a completed application and any supporting documentation, and the conclusion of any inspections the local health agency may require pursuant to 8:6-3.2(b), shall issue a written notice to the applicant advising the applicant as to the basis or bases for denial.

N.J. Admin. Code § 8:6-3.3