[Added 9-20-2018 by Ord.
No. 18-44; amended 2-7-2019 by Ord. No. 19-5]
As used in this article, the following terms shall have the
meanings indicated:
A business establishment, or any portion of a nonprofit entity,
which is devoted to the selling and serving of alcoholic beverages
for consumption by the public, guests, patrons or members on the premises
and in which the serving of food, if served at all, is only incidental
to the sale or consumption of such beverages.
Any bar, or area within a bar, designated specifically for
the smoking of tobacco products, purchased on the premises or elsewhere;
except that a cigar bar that is in an area within a bar shall be an
area enclosed by solid walls or windows, a ceiling and a solid door
and equipped with a ventilation system which is separately exhausted
from the nonsmoking areas of the bar so that air from the smoking
area is not recirculated to the nonsmoking areas and smoke is not
backstreamed into the nonsmoking areas.
Any establishment, or area within an establishment, designated
specifically for the smoking of tobacco products, purchased on the
premises or elsewhere; except that a cigar lounge that is in an area
within an establishment shall be an area enclosed by solid walls or
windows, a ceiling and a solid door and equipped with a ventilation
system which 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.
An electronic device that can be used to deliver nicotine
or other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo, or
pipe.
A structurally enclosed place of business, commerce or other
service-related activity, whether publicly or privately owned or operated
on a for-profit or nonprofit basis, which is generally accessible
to the public, including, but not limited to: a commercial or other
office building; office or building owned, leased or rented by the
state or by a county or municipal government; public and nonpublic
elementary or secondary school building; board of education building;
theater or concert hall; public library; museum or art gallery; bar;
restaurant or other establishment where the principal business is
the sale of food for consumption on the premises, including the bar
area of the establishment; garage or parking facility; any public
conveyance operated on land or water, or in the air, and passenger
waiting rooms and platform areas in any stations or terminals thereof;
health care facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A.
26:2H-1 et seq.); patient waiting room of the office of a health care
provider licensed pursuant to Title 45 of the Revised Statutes; child
care center licensed pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1
et seq.); race track facility; facility used for the holding of sporting
events; ambulatory recreational facility; shopping mall or retail
store; hotel, motel or other lodging establishment; apartment building
lobby or other public area in an otherwise private building; or a
passenger elevator in a building other than a single-family dwelling.
The owner or operator of a commercial or other office building
or other indoor public place from whom a workplace or space within
the building or indoor public place is leased.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or any other matter
or substance which contains tobacco or any other matter that can be
smoked, or the inhaling or exhaling of smoke or vapor from an electronic
smoking device, including but not limited to hookahs or e-cigarette.
An establishment in which at least 51% of retail business
is the sale of tobacco products and accessories, and in which the
sale of other products is merely incidental.
The act of inhaling and exhaling the aerosol, often referred
to as "vapor," which is produced by an e-cigarette, hookah, or similar
device.
A structurally enclosed location or portion thereof at which
a person performs any type of service or labor.
A.Â
Smoking, vaping, the use of e-cigarettes and hookahs is prohibited
by any person in any indoor public place or workplace, except as otherwise
provided by law.
B.Â
Smoking or vaping, the use of e-cigarettes and hookahs is prohibited
in any area of any building of, or on the grounds of, any public or
nonpublic elementary or secondary school, regardless of whether the
area is an indoor public place or is outdoors.
C.Â
Smoking or vaping, the use of e-cigarettes and hookahs is prohibited
in any establishment that holds and operates under a liquor license
within the City of Trenton, except as otherwise provided by law.
