Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

State Status

No Preemption

Pending Legislation

Legislative Summary

S1926 / A3424 (workplaces, restaurants, bars)-New Jersey Smoke-Free Air Act-Signed by Governor

This bill prohibits smoking in any indoor public place or workplace, including restaurants, bars, and indoor and outdoor areas of school grounds, except for casino floors.

  • Preemptive Action

    No (state has preemption)

  • Anti-Preemptive Clause

    Yes

EXEMPTIONS: Gaming areas of casinos that contain at least 150 stand-alone slot machines or 10 table games; an area within a casino simulcasting facility with aseating for at least 50 patrons or at least 10 table games; a cigar bar or lounge that is entirely enclosed and separately ventilated, and that was in existence and generated 15% or more of its annual gross income from tobacco products sales and humidor rentals before December 31, 2004; a tobacco retail establishment; any tobacco business where the testing of a cigar or pipe tobacco by burning or smoking is a necessary and integral part of the manufacturing.

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