EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Welch
A BILL ENTITLED
AN ORDINANCE concerning
title
Hookah Lounges
FOR the purpose of authorizing hookah lounges as conditional uses (ordinance required) in certain zoning districts; defining certain terms; specifying certain considerations for these uses; excepting hookah lounges from the definition of an after-hours establishment; excepting hookah lounges from the City's indoor smoking restrictions, subject to certain conditions; repealing two other, preempted and no-longer valid, exceptions to the City's indoor smoking restrictions; excepting properly zoned hookah lounges from having to obtain a late-night operations license; and generally relating to the zoning and operation of hookah lounges.
body
BY repealing and reordaining, with amendments
Article - Zoning
Sections 1-107
Baltimore City Revised Code
(Edition 2000)
BY adding
Article - Zoning
Sections 1-150.1, 6-209(1a), 7-408(2a), and 14-350
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, without amendments
Article - Zoning
Sections 6-309(1), 6-409(1), 6-509(1), 6-609(1), and 7-308
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article - Health
Section 12-107
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 15 - Licensing and Regulation
Section 9-4
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Revised Code
Article � Zoning
Title 1. Definitions; General Provisions
Subtitle 1. Definitions
��1 107. After hours establishment.
(A) IN GENERAL.
�After hours establishment� means any of the following that remains open after 2 a.m. on any day:
(1) a banquet hall, dance hall, private club or lodge, or similar place; or
(2) a restaurant that provides live entertainment or dancing.
(B) EXCLUSIONS.
�AFTER-HOURS ESTABLISHMENT� DOES NOT INCLUDE A HOOKAH LOUNGE.
� 1-150.1. HOOKAH LOUNGE.
�HOOKAH LOUNGE� MEANS AN ESTABLISHMENT:
(1) THE BUSINESS OF WHICH IS PRIMARILY DEVOTED TO THE SERVING OF HOOKAH (WATER PIPE) PRODUCTS FOR CONSUMPTION ON PREMISES, DURING DAY, EVENING, AND LATE-NIGHT HOURS TILL 4 A.M.; AND
(2) IN WHICH:
(I) AT LEAST 60% OF ITS AGGREGATE REVENUES, MEASURED BY AVERAGE DAILY RECEIPTS, IS DERIVED FROM THE SALE OR USE OF NON-CIGARETTE SMOKING PRODUCTS AND ACCESSORIES;
(II) THE SALE OR USE OF ALL OTHER PRODUCTS IS INCIDENTAL;
(III) THE VENTILATION SYSTEM PREVENTS SMOKE FROM INFILTRATING INTO ANY AREA IN WHICH SMOKING IS PROHIBITED; AND
(IV) THE PRESENCE OF MINORS IS PROHIBITED AT ALL TIMES.
Title 6. Business Districts
� 6-209. Conditional uses � Ordinance required.
In a B 1 District, conditional uses that require approval by ordinance are as follows:
. . .
(1A) HOOKAH LOUNGES.
. . . .
� 6-309. Conditional uses � Ordinance required.
In a B 2 District, conditional uses that require approval by ordinance are as follows:
(1) As in a B 1 District (unless it is a permitted use under ��6 306).
. . . .
��6 409. Conditional uses � Ordinance required.
In a B 3 District, conditional uses that require approval by ordinance are as follows:
(1) As in a B 2 District (unless it is a permitted use under ��6 406).
. . . .
��6 509. Conditional uses � Ordinance required.
In a B 4 District, conditional uses that require approval by ordinance are as follows:
(1) As in a B 1 District (unless it is a permitted use under ��6 506).
. . . .
��6 609. Conditional uses � Ordinance required.
In a B 5 District, conditional uses that require approval by ordinance are as follows:
(1) As in a B 4 District (unless it is a permitted use under ��6 606).
. . . .
Title 7. Industrial Districts
��7 308. Conditional uses � Ordinance required.
In an M 2 District, conditional uses that require approval by ordinance are as follows:
(1) As in an M 1 District (unless it is a permitted use under ��7 306), except that they need not comply with the performance standards in Title 12 {�Performance Standards�} of this article.
(2) HOOKAH LOUNGES.
(3) [(1a)] Liquefied petroleum gas (butane or propane): distribution or storage of 30,000 gallons or more.
(4) [(2)] Penal and correctional institutions.
(5) [(3)] Service and housing centers.
��7 408. Conditional uses � Ordinance required.
In an M 3 District, conditional uses that require approval by ordinance are as follows:
. . .
(2A) HOOKAH LOUNGES.
. . . .
Title 14. Conditional Uses
Subtitle 3. Additional Considerations for Certain Uses
Part II. For Ordinance
� 14-350. HOOKAH LOUNGES.
FOR A HOOKAH LOUNGE, THE COUNCIL MUST CONSIDER IMPOSING CONDITIONS, AS APPROPRIATE, CONCERNING:
(1) TYPE OF HOOKAH DEVICES AND ACCESSORIES TO BE USED;
(2) OPERATION, CARE, MAINTENANCE, AND STORAGE OF HOOKAH DEVICES;
(3) NUMBER AND ADEQUACY OF CARBON MONOXIDE DETECTORS AND FIRE EXTINGUISHERS;
(4) ADEQUACY OF VENTILATION TO PREVENT SMOKE FROM INFILTRATING INTO ANY AREA IN WHICH SMOKING IS PROHIBITED;
(5) THE SIZE, LOCATION, OR CONFIGURATION OF ANY ENTERTAINMENT VENUE WITHIN THE ESTABLISHMENT;
(6) USE OF AMPLIFICATION, NOISE LEVELS, AND NEED FOR NOISE PROOFING;
(7) NUMBER OF SEATS PROPOSED FOR INDOOR AND OUTDOOR TABLE SERVICE;
(8) EXTERIOR LIGHTING; AND
(9) THE ESTABLISHMENT AND MAINTENANCE OF AN INDOOR AND OUTDOOR SECURITY PLAN ADEQUATE FOR ALL HOURS OF OPERATION, INCLUDING LATE-NIGHT HOURS.
Article � Health
Title 12. Tobacco Products and Smoking Devices
Subtitle 1. Indoor Smoking
� 12-107. Exceptions � [Private clubs, smoking bars, tobacconists] RETAIL TOBACCO ESTABLISHMENTS; HOOKAH LOUNGES.
(a) In general.
This subtitle does not apply to a [private club or lodge, a smoking bar, or] a retail tobacco establishment OR A HOOKAH LOUNGE that qualifies [for an exemption] under this section.
[(b) Qualifications.]
[(1) A private club or lodge qualifies under this section only if it:
(i) has a limited membership elected pursuant to its charter or bylaws;
(ii) excludes the general public from its premises or place of meeting;
(iii) is organized with officers and directors;
(iv) holds all property for the common benefit of its members; and
(v) does not permit nonmembers to pay a temporary fee to use its premises or attend its�meetings.]
[(2) A smoking bar qualifies under this section only if it:
(i) is licensed under State Code Article 2B to serve alcoholic beverages;
(ii) derives at least 50% of its revenues, measured by average daily receipts, from the sale of non-cigarette tobacco products;
(iii) has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and
(iv) prohibits the entry of minors at all times.]
(B) QUALIFICATIONS � RETAIL TOBACCO ESTABLISHMENTS.
[(3)] A retail tobacco establishment qualifies under this section only if [it]:
(1) [(i)] IT derives at least [75%] 60% of its revenues, measured by average daily receipts, from the sale of non-cigarette tobacco products AND ACCESSORIES;
(2) [(ii)] IT has a ventilation system that prevents smoke from infiltrating into�any area where smoking is prohibited under this subtitle; and
(3) [(iii)] IT prohibits the [entry] PRESENCE of minors at all times.
(C) QUALIFICATIONS � HOOKAH LOUNGES.
(1) �HOOKAH LOUNGE� DEFINED.
IN THIS SUBSECTION, �HOOKAH LOUNGE� MEANS AN ESTABLISHMENT THAT IS PRIMARILY DEVOTED TO THE SERVING OF HOOKAH (WATER PIPE) PRODUCTS FOR CONSUMPTION ON PREMISES.
(2) REQUIRED QUALIFICATIONS.
A HOOKAH LOUNGE QUALIFIES UNDER THIS SECTION ONLY IF:
(I) IT DERIVES AT LEAST 60% OF ITS REVENUES, MEASURED BY AVERAGE DAILY RECEIPTS, FROM THE SALE OR USE OF NON-CIGARETTE SMOKING PRODUCTS AND ACCESSORIES;
(II) THE SALE OR USE OF ALL OTHER PRODUCTS IS INCIDENTAL;
(III) IT HAS A VENTILATION SYSTEM THAT PREVENTS SMOKE FROM INFILTRATING INTO�ANY AREA WHERE SMOKING IS PROHIBITED UNDER THIS SUBTITLE; AND
(IV) IT PROHIBITS THE PRESENCE OF MINORS AT ALL TIMES.
Baltimore City Code
Article 15. Licensing and Regulation
Subtitle 9. Late-Night Commercial Operations
��9 4. Scope.
(a) In general.
Except as specified in subsection (b) of this section, this subtitle applies to all businesses that are located in any Residence Zoning District, Office-Residence Zoning District, or B 1 or B-2 Business Zoning District.
(b) Exceptions.
This subtitle does not apply to:
(1) a hotel or motel;
(2) a restaurant or tavern operating during hours authorized by its alcoholic beverage license;
(3) the sale of motor vehicle fuels;
(4) the provision of emergency medical or veterinary care;
(5) a video lottery facility operating during hours authorized by its State Video Lottery Operating license;
(6) A HOOKAH LOUNGE, AS DEFINED IN AND ALLOWED BY THE BALTIMORE CITY ZONING CODE; or
(7) [(6)] drive-through food-service windows, if:
(i) all indoor sales and dining areas are closed to the public during late-night hours; and
(ii) no pedestrians are served at these windows during late-night hours.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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