Under the New Jersey Smoke-Free Air Act (P.L. 2005, c.383), “Smoking Permitted” signs must be prominently posted at every public entrance and properly maintained where smoking is allowed. Conversely, “No Smoking” signs are required in all areas where smoking is prohibited.
Smoking is legally permitted only in the following designated areas and businesses:
- Lodging: Up to 20% of guest rooms in hotels, motels, and other lodging establishments.
- Casinos: Designated perimeters of casino gaming areas and casino simulcasting facilities.
- Cigar Bars and Lounges: Registered venues that generated at least 15% of their total annual gross income from tobacco sales in the calendar year.
- Tobacco Retail Establishments: Businesses where at least 51% of their primary activity is the retail sale of tobacco products and accessories.
Posting Requirement
The person in control of an indoor public place or workplace must post a sign stating “Smoking Permitted” in letters at least one inch in height, or display the international symbol for “Smoking Permitted,” in any areas where smoking is allowed (NJ Rev. Stat. § 26:3D-61).
