[Adopted 6-9-1993 by Ord. No. 41-1993; amended in its entirety 2-7-2007 by Ord. No.
86-2006]
The following words and phrases, whenever used in this article,
shall be construed as defined in this section:
BAR
An establishment that is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and in which the
serving of food is only incidental to the consumption of those beverages,
including but not limited to taverns, nightclubs, cocktail lounges,
and cabarets.
BUSINESS
A sole proprietorship, partnership, joint venture, corporation,
or other business entity, either for-profit or not-for-profit, including
retail establishments where goods or services are sold; professional
corporations and other entities where legal, medical, dental, engineering,
architectural, or other professional services are delivered; and private
clubs.
EMPLOYEE
A person who is employed by an employer in consideration
for direct or indirect monetary wages or profit, and a person who
volunteers his or her services for a nonprofit entity.
EMPLOYER
A person, business, partnership, association, corporation,
including a municipal corporation, trust, or nonprofit entity that
employs the services of one or more individual persons.
ENCLOSED AREA
All space between a floor and ceiling that is enclosed on
all sides by solid walls or windows (exclusive of doorways), which
extend from the floor to the ceiling.
GAMING FLOOR
The area within the perimeter of any casino and any casino
simulcasting facility as set forth and defined in Section 5 of the
New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-59).
HEALTH-CARE FACILITY
An office or institution providing care or treatment of diseases,
whether physical, mental, or emotional, or other medical, physiological,
or psychological conditions, including but not limited to hospitals,
rehabilitation hospitals or other clinics, including weight control
clinics, nursing homes, homes for the aging or chronically ill, laboratories,
and offices of surgeons, chiropractors, physical therapists, physicians,
dentists, and all specialists within these professions. This definition
shall include all waiting rooms, hallways, private rooms, semiprivate
rooms, and wards within health-care facilities.
PLACE OF EMPLOYMENT
An area under the control of a public or private employer
that employees normally frequent during the course of employment,
including but not limited to work areas, private offices, employee
lounges, rest rooms, conference rooms, meeting rooms, classrooms,
employee cafeterias, hallways, and vehicles. A private residence is
not a place of employment unless it is used as a child-care, adult
day-care, or health-care facility.
PRIVATE CLUB
An organization, whether incorporated or not, which is the
owner, lessee, or occupant of a building or portion thereof used exclusively
for club purposes at all times, which is operated solely for a recreational,
fraternal, social, patriotic, political, benevolent, or athletic purpose,
but not for pecuniary gain, and which only sells alcoholic beverages
incidental to its operation. The affairs and management of the organization
are conducted by a board of directors, executive committee, or similar
body chosen by the members at an annual meeting. The organization
has established bylaws and/or a constitution to govern its activities.
The organization has been granted an exemption from the payment of
federal income tax as a club under 26 U.S.C. § 501.
PUBLIC PLACE
An enclosed area to which the public is invited or in which
the public is permitted, including but not limited to banks, bars,
educational facilities, gaming facilities, health-care facilities,
hotels and motels, laundromats, public transportation facilities,
reception areas, restaurants, retail food production and marketing
establishments, retail service establishments, retail stores, shopping
malls, sports arenas, theaters, and waiting rooms. A private club
is a public place when being used for a function to which the general
public is invited. A private residence is not a public place unless
it is used as a child-care, adult day-care, or health-care facility.
RESTAURANT
An eating establishment, including but not limited to, coffee
shops, cafeterias, sandwich stands, and private and public school
cafeterias, which gives or offers for sale food to the public, guests,
or employees, as well as kitchens and catering facilities in which
food is prepared on the premises for serving elsewhere. The term "restaurant"
shall include a bar area within the restaurant.
SERVICE LINE
An indoor line in which one or more persons are waiting for
or receiving service of any kind, whether or not the service involves
the exchange of money.
SHOPPING MALL
An enclosed public walkway or hall area that serves to connect
retail or professional establishments.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted cigar,
cigarette, pipe, or other lighted tobacco product in any manner or
in any form.
SPORTS ARENA
Sports pavilions, stadiums, gymnasiums, health spas, boxing
arenas, swimming pools, roller and ice rinks, bowling alleys, and
other similar places where members of the general public assemble
to engage in physical exercise, participate in athletic competition,
or witness sports or other events.
All enclosed facilities, including buildings and vehicles owned,
leased, or operated by the City of Atlantic City shall be subject
to the provisions of this article.
Smoking shall be prohibited in all enclosed public places within
the City of Atlantic City, including but not limited to the following
places:
A. Aquariums, galleries, libraries, and museums.
B. Areas available to and customarily used by the general public in
businesses and nonprofit entities patronized by the public, including
but not limited to banks, laundromats, professional offices, and retail
service establishments.
E. Child-care and adult day-care facilities.
G. Educational facilities, both public and private.
I. Gaming facilities, except as exempted under this article.
L. Lobbies, hallways, and other common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, nursing homes,
and other multiple-unit residential facilities.
N. Private clubs when being used for a function to which the general
public is invited.
O. Public transportation facilities, including buses, jitneys and taxicabs,
and ticket, boarding, and waiting areas of public transit depots.
Q. Rest rooms, lobbies, reception areas, hallways, and other common-use
areas.
S. Rooms, chambers, places of meeting or public assembly, including
school buildings, under the control of an agency, board, commission,
committee or council of the City or a political subdivision of the
state, to the extent the place is subject to the jurisdiction of the
City.
V. Sports arenas, including enclosed places in outdoor arenas.
W. Theaters and other facilities primarily used for exhibiting motion
pictures, stage dramas, lectures, musical recitals, or other similar
performances.
[Amended 4-25-2012 by Ord. No. 35-2012]
Smoking shall be prohibited in the seating areas of all outdoor
arenas, stadiums, and amphitheaters, as well as in bleachers and grandstands
for use by spectators at sporting and other public events. In addition,
smoking of any kind shall be and hereby is prohibited on public playgrounds,
athletic fields and courts.
Notwithstanding any other provision of this article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of §
221-8A is posted.
This article shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
If any provision, clause, sentence, or paragraph of this article
or the application thereof to any person or circumstances shall be
held invalid, that invalidity shall not affect the other provisions
of this article which can be given effect without the invalid provision
or application, and to this end the provisions of this article are
declared to be severable.
[Adopted 7-21-2021 by Ord. No. 31-2021]
As used in this article, the following terms shall have the
meanings indicated:
CANNABIS, CANNABIS ITEM
Any usable cannabis, cannabis product, cannabis extract and
any other cannabis resin, all parts of the plant Cannabis sativa L.,
whether growing or not, the seeds thereof, and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant or its seeds,
but shall not include the weight of any other ingredient combined
with cannabis to prepare topical or oral administrations, food, drink,
or other product. "Cannabis" does not include hemp or a hemp product
cultivated, handled, processed, transported, or sold pursuant to the
New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et
seq.).
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine
or other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo, or
pipe.
INDOOR PUBLIC PLACE
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, including, but not limited to: a theater or concert
hall; public library; museum or art gallery; bar; restaurant or other
establishment where the principal business is the sale of food for
consumption on the premises, including the bar area of the establishment;
garage or parking facility; any public conveyance; any facility used
for the holding of sporting events; recreational facility, shopping
mall or retail store; hotel, motel or other lodging establishment;
apartment building lobby or other public area in an otherwise private
building.
MARIJUANA
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant products cultivated,
handled, processed, transported, or sold pursuant to the New Jersey
Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28 6 et seq.).
PUBLIC PLACE
Any place to which the public has access that is not privately
owned; or any place to which the public has access where alcohol consumption
is not allowed, including, but not limited to, a public street, road,
thoroughfare, sidewalk, bridge, alley, plaza, park, playground, swimming
pool, shopping area, public transportation facility, vehicle used
for public transportation, parking lot, public library, or any other
public building, structure; or any other public area, including beach
area.
SMOKING
The smoking, vaping, aerosolizing, burning of, inhaling from,
exhaling the smoke from, or the possession of a lighted cigar, cigarette,
pipe or any other matter or substance which contains tobacco or any
other matter that can be smoked, or the inhaling or exhaling of smoke
or vapor from an electronic smoking device.
It shall be unlawful for any person to engage in the smoking
of marijuana or cannabis items in or on any indoor public place or
public place.