N.J. Admin. Code § 8:6-3.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:6-3.1 - Procedure for initial registration; form

(a) A person having control of an establishment seeking to register the establishment or an area within the establishment as an exempt cigar bar or cigar lounge pursuant to 26:3D-59 shall submit the following to the local health agency with jurisdiction over the municipality in which the proposed exempt cigar bar or cigar lounge is located:

1. The completed and fully executed application form provided at chapter Appendix A, incorporated herein by reference;

2. A copy of deeds or leases 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 as of December 31, 2004, to the date of application;

3. 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;

4. The sworn and notarized affidavit of a New Jersey licensed certified public accountant attesting that 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;

i. The information contained in the application and affidavit required pursuant to (a)1 and 4 above shall be subject to reporting to and auditing by the Division of Taxation of the New Jersey Department of the Treasury; and

5. If the proposed exempt cigar bar or cigar 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:

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

N.J. Admin. Code § 8:6-3.1