Baltimore City Council
File #: 18-0178    Version: 0 Name: Indoor Smoking - Hookah Lounges
Type: Ordinance Status: Enacted
File created: 1/22/2018 In control: Mayor
On agenda: Final action: 4/16/2018
Enactment #: 18-124
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.
Sponsors: President Young, Robert Stokes, Sr.
Indexes: Hookah Lounges, Smoking
Attachments: 1. 18-0178~1st Reader, 2. BDC 18 0178, 3. Finance 18-0178, 4. MHealth 18-0178, 5. Police 18 0178, 6. Law 18-0178, 7. Board fo Liquor License 18-0178, 8. Planning 17-0178, 9. BMZA 18-0178, 10. Fire 18-0178, 11. HCD 18-0178, 12. 2nd Reader Amendment 18-0178, 13. 18-0178~3rd Reader, 14. Completed File_18-0178
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
4/16/20180 City Council Enacted, pursuant to Baltimore City Charter, Art. IV, Sec. 5(c)  Action details Meeting details Not available
2/26/20180 City Council Approved and Sent to the Mayor  Action details Meeting details Not available
2/5/20180 City Council 3rd Reader, for final passage  Action details Meeting details Not available
2/5/20180 Judiciary and Legislative Investigations Recommended Favorably with Amendment  Action details Meeting details Not available
1/30/20180 Judiciary and Legislative Investigations Recommended Favorably with AmendmentPass Action details Meeting details Not available
1/25/20180 The City Council Refer to Fire Department  Action details Meeting details Not available
1/25/20180 The City Council Refer to Police Department  Action details Meeting details Not available
1/25/20180 The City Council Refer to Board of Liquor Licenses Commissioners  Action details Meeting details Not available
1/25/20180 The City Council Refer to Dept. of Finance  Action details Meeting details Not available
1/25/20180 The City Council Refer to Dept. of Planning  Action details Meeting details Not available
1/25/20180 The City Council Refer to Baltimore Development Corporation  Action details Meeting details Not available
1/25/20180 The City Council Refer to Board of Municipal and Zoning Appeals  Action details Meeting details Not available
1/25/20180 The City Council Refer to Dept. of Housing and Community Development  Action details Meeting details Not available
1/25/20180 The City Council Refer to Dept. of Health  Action details Meeting details Not available
1/25/20180 The City Council Refer to City Solicitor  Action details Meeting details Not available
1/22/20180 Judiciary and Legislative Investigations Scheduled for a Public Hearing  Action details Meeting details Not available
1/22/20180 City Council Assigned  Action details Meeting details Not available
1/22/20180 City Council Introduced  Action details Meeting details Not available

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.