N.J. Admin. Code § 8:6-3.6

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

Section 8:6-3.6 - Local health agency review of registration renewal application; issuance of registration renewal

(a) In determining whether to renew the registration of an exempt cigar bar or cigar lounge pursuant to 26:3D-59, a local health agency to which a registration renewal application is made pursuant to 8:6-3.4 shall review the application, the supporting documentation submitted pursuant to N.J.A.C. 8:6-3.4, the information the local health agency receives pursuant to 8:6-3.5(a), and the results of any inspections conducted pursuant to 8:6-3.5(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 renew the registration of an exempt cigar bar or cigar lounge if the local health agency determines that:

1. The exempt cigar bar or cigar lounge has not expanded in size since the last registration to the date of the application;

2. The exempt cigar bar or cigar lounge has not changed its location since the last registration to the date of the application;

3. Sales of tobacco products and/or rentals of on-site humidors at the location of the exempt cigar bar or cigar lounge totaled at least 15 percent or more of the total annual gross income of the proposed exempt cigar bar or cigar lounge, excluding sales from vending machines, during the calendar year ending December 31 preceding the date of the registration renewal application;

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

i. The 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 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 renewing the application for registration.

(c) If the local health agency finds that an exempt cigar bar or cigar lounge meets the conditions for registration renewal 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 8:6-3.5(b), shall:

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

2. Place a notice of registration renewal 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) If the local health agency finds that an exempt cigar bar or cigar lounge fails to meet any of the conditions for registration renewal in (b) above, the local health agency, within 20 business days of the local health agency's receipt of a completed registration renewal 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 § 8:6-3.6