N.J. Admin. Code § 8:6-3.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:6-3.4 - Procedure for renewal of registration

(a) A person having control of an establishment seeking to renew the registration of an exempt cigar bar or cigar lounge pursuant to 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;

ii. A ceiling; and

iii. A solid door.

N.J. Admin. Code § 8:6-3.4