Workplace Smoking Rules in New Jersey

General provisions. Effective April 15, 2006, the New Jersey Smoke-Free Air Act prohibits smoking in indoor public places and workplaces, with limited exceptions.

Employers covered. Effective April 15, 2006, smoking is prohibited in indoor public places and workplaces with limited exceptions. An indoor public place is 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. For purposes of this law, workplace means a structurally enclosed location or portion thereof at which a person performs any type of service or labor.

Posting requirements. Effective April 15, 2006, the person having control of an indoor public place or workplace shall place in every public entrance to the indoor public place or workplace a sign, located so as to be clearly visible to the public, containing letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein, except in designated areas as provided pursuant to the New Jersey Smoke-Free Air Act. The sign must also indicate that violators are subject to a fine. For those areas where smoking is permitted, the person having control of the indoor public place or workplace must post a sign "Smoking Permitted" in letters at least one inch in height or marked by the international symbol for smoking is permitted.

Designated smoking areas. Effective April 15, 2006, the person having control of a hotel, motel or other lodging establishment may permit smoking in up to 20 percent of its guest rooms.

Permitted smoking areas. Effective April 15, 2006, the New Jersey Smoke-Free Air Act does not apply to:

1. any cigar bar or cigar lounge that, in the calendar year ending December 31, 2004, 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, 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 will remain in effect for one year and is renewable only if in the preceding calendar year the cigar bar or 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, and the cigar bar or cigar lounge has not expanded its size or changed its location since December 31, 2004;
2. any tobacco retail establishment or any area the tobacco retail establishment provides for the purposes of smoking;
3. 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;
4. private homes, private residences and private automobiles; and
5. the area within the perimeter of any casino approved by the Casino Control Commission that contains at least 150 stand-alone slot machines, ten table games, or some combination thereof approved by the commission, and the machines and games are available to the public for wagering; and any casino simulcasting facility approved by the Casino Control Commission that contains a simulcast counter and dedicated seating for at least 50 simulcast patrons or a simulcast operation and at least ten table games, and the simulcast facilities and games are available to the public for wagering.