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: President Young
A Bill Entitled
An Ordinance concerning
title
Indoor Smoking - Hookah Lounges
For the purpose of excepting hookah lounges from the City’s indoor-smoking restrictions, subject to certain conditions; repealing two obsolete exceptions that have been preempted by more stringent State law and, as such, are invalid; and generally relating to the operation of hookah lounges.
Body
By repealing and reordaining, with amendments
Article - Health
Section 12-107
Baltimore City Revised 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 - 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) Retail tobacco establishments.
[(3)] A retail tobacco establishment qualifies under this section only if it:
(1) [(i)] derives at least 75% of its revenues, measured by average daily receipts, from the sale of non-cigarette tobacco products;
(2) [(ii)] has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and
(3) [(iii)] prohibits the entry of minors at all times.
(c) Hookah lounges.
(1) “Hookah lounge” defined.
In this subsection, “hookah lounge” means an establishment that is primarily devoted to the on-premises use of 1 or more hookahs (also known as a hookah pipe, water pipe, shisha, or narghile) for smoking tobacco or other substances.
(2) Qualifications.
A hookah lounge qualifies under this section only if it:
(i) derives at least 75% of its revenues, measured by average daily receipts, from the sale or use of non-cigarette smoking products and accessories;
(ii) has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and
(iii) prohibits the presence of minors at all times.
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.