[Adopted 4-12-2022 by Ord. No. MC-5377]
The definitions of the New Jersey Smoke-Free Air Act, N.J.S.A.
26:3D-55, and the New Jersey Department of Health and Senior Services
regulations implementing the New Jersey Smoke-Free Air Act, N.J.A.C.
8:6-1.1 et seq., are hereby incorporated herein. Any amendments to
the Act and N.J.A.C. 8: 6-1.2 are also incorporated herein without
the need to revise this chapter.
Shall refer to an instrument or pipe, having one or more
flexible tubes, used to vaporize or smoke tobacco, flavored dried
fruit, or any other substance in which the vapor or smoke is passed
through a liquid or water basin before inhalation. Smoking by use
of a hookah falls within the definition of "smoking."
Shall fall within the definition of the definition of a "cigar
bar" as defined in the New Jersey Smoke-Free Air Act, N.J.S.A. 26:3D-55.
Shall fall within the definition of the definition of a "cigar
lounge" as defined in the New Jersey Smoke-Free Air Act, N.J.S.A.
26:3D-55.
In addition to the provisions of § 776-5 above, smoking is prohibited in the following locations:
A.
An indoor public place;
B.
A workplace;
C.
A public park or beach;
D.
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;
E.
An exterior area if smoking in the exterior area results in migration,
seepage, or recirculation of smoke to an indoor public place or a
workplace at which smoking is prohibited;
F.
Outdoor arenas, stadiums and amphitheaters; and
G.
Any other place or location where smoking is prohibited by the New
Jersey Smoke-Free Air Act, N.J.S.A. 26:3D-55, and the New Jersey Department
of Health and Senior Services implementing regulations, N.J.A.C. 8:6-1.1
et seq.
The prohibitions of this chapter, pursuant to the Smoke-Free
Air Act, shall not apply to:
A.
Any cigar bar or cigar or lounge that, in the calendar year ending
December 31, 2004, generated 15% or more of its total annual gross
income from the on-site sale of tobacco products and the rental of
on-site humidors, not including any sales from vending machines, and
is registered with the local board of health in the municipality in
which the bar or lounge is located. The registration shall remain
in effect for one year and shall be renewable only if 1) in the preceding
calendar year, the cigar bar or lounge generated 15% or more of its
total annual gross income from the on-site sale of tobacco products
and the rental of on-site humidors, and 2) the cigar bar or cigar
lounge has not expanded its size or changed its location since December
31, 2004;
B.
Any tobacco retail establishment or any area the tobacco retail establishment
provides for the purposes of smoking;
C.
Any tobacco business when the testing of a cigar or pipe tobacco
by heating, burning or smoking is a necessary and integral part of
the process of making, manufacturing, importing or distributing cigars
or pipe tobacco;
D.
Private homes, private residences and private automobiles;
E.
Research laboratories and other facilities that have been approved
by the Department of Health to permit smoking for the purpose of medical
research related to the health effects of smoking, in an indoor facility
that is separately ventilated for the purpose of medical or scientific
research that is conducted under physician supervision and has been
approved by an Investigational Review Board (IRB), if the facility
is used solely and exclusively for clinical research activities;
F.
A golf course;
G.
Any cigar bar or lounge previously registered with the local board of health pursuant to Subsection A of this section that has, in accordance with the requirements of this subsection, renewed that registration following a period of lapse. A cigar bar or cigar lounge registration which has lapsed may be renewed under this subsection if: 1) no more than 10 years have elapsed since the date the registration lapsed; 2) in the calendar year immediately preceding the lapse, the cigar bar or lounge generated 15% or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors; and 3) the cigar bar or lounge has not expanded its size or changed its location since December 31, 2004. A registration renewed pursuant to this subsection shall remain in effect for one year and shall be renewable thereafter only if it meets the requirements for renewal as set forth in this subsection or Subsection A of this section;
H.
Private clubs which have no employees, except where the public is
in attendance;
I.
An exterior area of a business if smoking in the exterior area does
not result in migration, seepage, or recirculation of smoke to an
indoor public place or a workplace at which smoking is prohibited;
and
J.
Any other location as permitted by the New Jersey Smoke-Free Air
Act, N.J.S.A. 26:3D-55, and the New Jersey Department of Health and
Senior Services implementing regulations, N.J.A.C. 8:6-1.1 et seq.
A person having control of an establishment seeking to register
the establishment or an area within the establishment as an exempt
cigar or hookah bar or cigar or hookah lounge, pursuant to New Jersey
Department of Health and Senior Services regulations, shall submit
the following to the Camden County Health Officer:
A.
A completed and fully executed application form provided for in the
New Jersey Department of Health and Senior Services, N.J.A.C. 8:6,
Appendix A;
B.
A copy of deeds or leases for the premises at which a proposed exempt
cigar or hookah bar or cigar or hookah 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 as of December 31,
2004, to the date of application;
C.
A copy of the certificate of occupancy for the premises as of December
31, 2004, and/or thereafter, as applicable, if the issuance of a certificate
of occupancy was or is a condition of occupancy pursuant to applicable
local law, as of December 31, 2004, and/or thereafter;
D.
The sworn and notarized affidavit of a New Jersey licensed certified
public accountant attesting that the proposed exempt cigar or hookah
bar or cigar or hookah lounge generated 15% 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;
E.
If the proposed exempt cigar or hookah bar or cigar or hookah lounge
is located within an establishment at which smoking is prohibited
pursuant to the Act, the sworn and notarized affidavit of a New Jersey
design professional attesting that:
(2)
The ventilation system of the proposed exempt cigar or hookah bar
or cigar or hookah lounge is separately exhausted from the nonsmoking
areas of the establishment so that air from the proposed smoking area
would not be recirculated to the nonsmoking areas and smoke would
not be backstreamed into the nonsmoking areas.
A.
The Camden County Health Officer shall review an application for exemption under § 776-10 above to ensure compliance of same with New Jersey Department of Health and Senior Services regulations, N.J.A.C. 8:6-3.3. During this review process, the City of Camden Health Officer, pursuant to New Jersey Department of Health and Senior Services regulations, N.J.A.C. 8:6-3.2, shall confer with the City of Camden Construction Official to ascertain whether, since December 31, 2004, to the date of the application, the proposed exempt cigar or hookah bar or cigar or hookah lounge has expanded in size and/or whether a permit to expand its size has been made.
B.
The Camden County Health Officer, pursuant to Department of Health and Senior Services regulations, N.J.A.C. 8:6-3.2, Subsection (b), shall be permitted to require the applicant to allow access to the Camden County Health Officer or any expert retained by him or her to inspect one or more of the following:
(1)
The physical configuration of the establishment at which the proposed
exempt cigar bar or cigar lounge is located;
(2)
The ventilation systems at the establishment; and
(3)
Records of sales of tobacco products and/or rentals of on-site humidors
occurring at the establishment for the periods addressed in the application.
The registration of an exempt cigar or hookah bar or cigar or
hookah lounge shall expire on June 30 of the year following the year
of issuance.
An establishment that is an indoor public place or a workplace
that intends to claim that the establishment is exempt from the New
Jersey Smoke-Free Air Act, N.J.S.A. 26:3D-55, as a tobacco retail
establishment within the meaning of N.J.S.A. 26:3D-55 and N.J.S.A.
26:3D-59 shall file, by April 15 of each year, the form of notice
provided at N.J.A.C. 8:6, Appendix C, with the Camden County Health
Officer. The information contained in this required notice shall be
subject to reporting to, and auditing by, the Division of Taxation
of the New Jersey Department of the Treasury.
A person seeking to renew the registration of an exempt cigar
or hookah bar or cigar or hookah lounge shall provide documents and
other information to the Camden County Health Officer, as provided
for in the New Jersey Department of Health and Senior Services regulations,
N.J.A.C. 8:6-3.4, by no later than April 15 of the year in which the
existing registration is to expire.
This chapter shall be enforced by the Camden County Health Officer
or the Business Administrator or his designee.
In addition to the provisions of this chapter, a person who
is seeking a registration exemption, a renewal of registration exemption
or is filing a form of notice filed by a tobacco retail establishment
for a business shall also comply with the other provisions of state
law and the Camden City Code, including, but not limited to, the Fire
Code.
A.
Injunctive relief. If an owner or operator refuses to comply with the provisions of Article III of this chapter, the City of Camden Health Officer or the Business Administrator, or his designee, may seek injunctive relief in any New Jersey court of competent jurisdiction to order the owner or operator to comply with this chapter.
