SENATE, No. 187 STATE OF NEW JERSEY. 211th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2004 SESSION

Transcription

1 SENATE, No. STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 00 SESSION Sponsored by: Senator RAYMOND J. LESNIAK District 0 (Union) Senator GERALD CARDINALE District (Bergen) Co-Sponsored by: Senator Scutari SYNOPSIS Prohibits smoking in restaurants and bars. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel. (Sponsorship Updated As Of: //00)

2 AN ACT prohibiting smoking in restaurants and bars and amending P.L., c.. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:. Section of P.L., c. (C.:E-) is amended to read as follows:. The Legislature finds and declares that the resolution of the conflict between the right of the smoker to smoke and the right of the nonsmoker to breathe clean air involves a determination of when and where, rather than whether, a smoker may legally smoke. It is not the public policy of this State to deny anyone the right to smoke. In addition to the deleterious effects upon smokers, tobacco smoke is () at least an annoyance and a nuisance to a substantial percentage of the nonsmoking public, and () a substantial health hazard to a smaller segment of the nonsmoking public. Therefore, the Legislature finds that it is in the interest of the public health to [encourage] prohibit smoking in restaurants [to establish nonsmoking areas] and bars. (cf: P.L., c., s.). Section of P.L., c. (C.:E-) is amended to read as follows:. a. [The provisions of this act shall apply to all restaurants but shall not apply to any bar. A restaurant which provides a nonsmoking section shall post a sign no smaller than eight inches by five inches stating that "This restaurant offers a nonsmoking area." A restaurant which does not provide a nonsmoking section shall in the same manner post a sign stating that "This restaurant does not offer a nonsmoking area, as permitted by law." A restaurant which is equipped with air cleaners or air recirculating systems which meet the standards of the model code of the Building Officials and Code Administrators International, Inc., known as the "BOCA Basic National Building Code," as administered by the State Department of Community Affairs, shall in the same manner post a sign stating, "Approved air-cleaning equipment is installed in place of a nonsmoking area." This requirement shall not apply to] Smoking is prohibited in all restaurants and bars. This prohibition shall be so indicated by the owner or manager or person in charge of the restaurant or bar with a sign no smaller than eight inches by five inches containing lettering not less than one inch in height stating "Smoking Prohibited" or designated by the "Smoking Prohibited" international symbol, which shall be posted in each area of the restaurant or bar serving its patrons. The EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and intended to be omitted in the law. Matter underlined thus is new matter.

3 letters or symbol on each sign shall contrast in color with the sign, and every sign required by this section shall be located so as to be clearly visible to restaurant and bar patrons. The provisions of this section shall not apply to any portion of a restaurant or bar: () while it is being used for a privately sponsored social affair, provided that the portion of the restaurant or bar in which smoking is permitted during the privately sponsored social affair is physically separated by a floor-to-ceiling wall and a solid door from areas of the restaurant or bar concurrently serving other patrons; or () which is outdoors. b. [The size and location of the nonsmoking area shall be determined by the owner or manager or person in charge in accordance with patron needs.] (Deleted by amendment, P.L., c. (pending before the Legislature as this bill)). (cf: P.L., c., s.). Section of P.L., c. (C.:E-0) is amended to read. a. [The State or any agency or political subdivision thereof may suggest guidelines for establishing nonsmoking areas in restaurants which may be adopted by the owner, manager or person in charge but in no case shall they be mandatory.] (Deleted by amendment, P.L., c. (pending before the Legislature as this bill)). b. The provisions of this act shall supersede any other statute, municipal ordinance, and rule or regulation adopted pursuant to law concerning smoking in restaurants or bars except where smoking is prohibited by municipal ordinance under authority of R.S. 0:- and 0:- or by any other statute or regulation adopted pursuant to law for purposes of protecting life and property from fire. (cf: P.L., c., s.). Section of P.L., c. (C.:E-) is amended to read. a. Any municipal or county health official or other public servant engaged in executing or enforcing this act shall order any person smoking in violation of this act to comply with the provisions of this act. Thereupon any such person who smokes in a restaurant or bar in violation of this act is subject to a fine not to exceed [$.00] $. The owner, manager or person in charge of the restaurant or bar or any agent thereof shall only be responsible for providing signs governing smoking pursuant to section of this act and shall not be responsible for the enforcement of the provisions of this act. b. The [State] Department of Health and Senior Services, upon written complaint and having reason to suspect that any restaurant or bar is or may be in violation of the provisions of this act shall, by

4 written notification, advise the owner, manager or person in charge of the restaurant or bar accordingly and order appropriate action to be taken. Thereupon any person receiving such notice who knowingly fails or refuses to comply with the order is subject to a fine not to exceed [$.00] $. c. Any penalty recovered under the provisions of this act shall be recovered by and in the name of the Commissioner of Health [of the State of New Jersey] and Senior Services or by and in the name of the local board of health. When the plaintiff is the Commissioner of Health and Senior Services, the penalty recovered shall be paid by the commissioner into the treasury of the State. When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board into the treasury of the municipality where the violation occurred. d. Every municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of this act, if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with ["the penalty enforcement law" (N.J.S. A:- et seq.)] the "Penalty Enforcement Law of," P.L., c. (C.A:-0 et seq.). Process shall be in the nature of a summons or warrant and shall issue only at the suit of the Commissioner of Health [of the State of New Jersey] and Senior Services, or the local board of health, as the case may be, as plaintiff. (cf: P.L., c., s.). Section of P.L., c. (C.:E-) is amended to read. No owner, manager or person in charge of the restaurant or bar or any agent thereof who has provided signs governing smoking pursuant to section of this act shall be subject to any action in any court by any party either under this act or at common law, except for an action instituted by an employee pursuant to Title of the Revised Statutes, provided that the Commissioner of Health [of the State of New Jersey] and Senior Services may bring an action against the owner, manager or person in charge of the restaurant or bar or any agent thereof for failure to meet the provisions of this act. (cf: P.L., c., s.). Section of P.L., c. (C.:E-) is amended to read. The [Judiciary Committee of the] General Assembly[, and the] [Law, Public Safety and Defense] Health and Human Services Committee [of] and the Senate Health, Human Services and Senior Citizens Committee, or their respective successors, are constituted a

5 joint committee for the purposes of monitoring and evaluating the effectiveness of the implementation of [this act] P.L., c. (pending before the Legislature as this bill). The Commissioner of Health [of the State of New Jersey] and Senior Services shall, one year from the effective date of [this act] P.L., c. (pending before the Legislature as this bill), report to the joint committee an evaluation of the effectiveness of [this act] P.L., c. (pending before the Legislature as this bill) and the committee shall, upon receiving such report, issue, as it may deem necessary and proper, recommendations for administrative or legislative changes affecting the implementation of [this act] P.L., c. (pending before the Legislature as this bill). (cf: P.L., c., s.). This act shall take effect on the 0th day after enactment, but the Commissioner of Health and Senior Services may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act. STATEMENT This bill amends P.L., c. (N.J.S.A.:E- et seq.) to prohibit smoking in restaurants and bars. Specifically, the bill incorporates the following new provisions in the above statute: * Smoking is prohibited in all restaurants and bars. * This prohibition is to be indicated by the owner or manager or person in charge of the restaurant or bar with a sign no smaller than eight inches by five inches containing lettering not less than one inch in height stating "Smoking Prohibited" or designated by the "Smoking Prohibited" international symbol, which is to be posted in each area of the restaurant or bar serving its patrons. The letters or symbol on each sign shall contrast in color with the sign, and every sign required by this section shall be located so as to be clearly visible to restaurant and bar patrons. * The provisions of this bill would not apply to any portion of a restaurant or bar: -- while it is being used for a privately sponsored social affair, provided that the portion of the restaurant or bar in which smoking is permitted during the privately sponsored social affair is physically separated by a floor-to-ceiling wall and a solid door from areas of the restaurant or bar concurrently serving other patrons; or -- which is outdoors. The bill retains the following provisions in the existing statute governing the enforcement of smoking restrictions in those restaurants, or areas of restaurants, in which smoking is currently

6 prohibited by restaurants at their discretion, and which would under this bill apply to the enforcement of a general prohibition on smoking in all restaurants and bars: * A municipal or county health official or other public employee engaged in executing or enforcing this bill is to order a person smoking in violation of the bill to comply with its provisions. If the person continues to smoke in the restaurant or bar in violation of this bill, the person is subject to a fine of up to $. The owner, manager or person in charge of the restaurant or bar or any agent thereof is to only be responsible for providing signs governing smoking pursuant to this bill and is not responsible for enforcing the provisions of the bill. * The Department of Health and Senior Services, upon written complaint and having reason to suspect that any restaurant or bar is or may be in violation of the provisions of this bill is to, by written notification, advise the owner, manager or person in charge of the restaurant or bar accordingly and order appropriate action to be taken. A person receiving such notice who knowingly fails or refuses to comply with the order is subject to a fine of up to $. * Any penalty recovered under the provisions of this act is to be recovered by and in the name of the Commissioner of Health and Senior Services or by and in the name of the local board of health. * A municipal court will have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of this bill, if the violation has occurred within the territorial jurisdiction of the court. * No owner, manager or person in charge of the restaurant or bar or any agent thereof who has provided signs governing smoking pursuant to this bill will be subject to legal action, except for an action instituted by an employee pursuant to Title of the Revised Statutes, provided that the Commissioner of Health and Senior Services may bring an action against the owner, manager or person in charge of the restaurant or bar or any agent thereof for failure to meet the provisions of the bill. In addition, the bill provides that the Assembly Health and Human Services Committee and the Senate Health, Human Services and Senior Citizens Committee, or their respective successors, are constituted a joint committee to monitor and evaluate the effectiveness of the implementation of the bill. The Commissioner of Health and Senior Services is required to report to the joint committee, one year from the effective date of the bill, an evaluation of the effectiveness of the bill; and the committee will, upon receiving that report, is to issue, as it may deem necessary and proper, recommendations for administrative or legislative changes affecting its implementation. The bill takes effect on the 0th day after its enactment, but authorizes the Commissioner of Health and Senior Services to take anticipatory administrative action in advance as necessary for its implementation.