[Adopted 6-5-2012 by L.L. No. 38-2012]
A.
This Legislature hereby finds and determines that smoking flavored
tobacco through a water pipe, commonly known as a "hookah," is gaining
popularity throughout the County and nation. This Legislature also
finds that hookahs use charcoal pieces to heat tobacco, the smoke
from which is drawn through water and into a smoker's lungs using
a length of hose. This Legislature determines that burning charcoal
emits high levels of carbon monoxide, a poisonous, odorless gas. This
Legislature further finds that, when carbon monoxide is ingested,
it replaces oxygen in a person's bloodstream, depriving the heart,
brain and other vital organs of necessary oxygen. This Legislature
also finds that exposure to excessive levels of carbon monoxide can
cause headache, fatigue, breathing problems, nausea and dizziness.
High-level carbon monoxide poisoning causes more severe symptoms,
including mental confusion, vomiting, loss of muscle coordination,
abnormal heart beat, loss of consciousness, coma and death. This Legislature
also determines that frequent exposure to carbon monoxide can cause
long-term health problems, including memory problems, brain damage,
heart problems, cognitive difficulties, and permanent damage to major
organs. This Legislature also finds and determines that several establishments
on Long Island cater to persons interested in smoking from hookahs
in a social environment. These "hookah bars" frequently have up to
20 hookahs in operation during business hours. This Legislature further
determines that, given the use of charcoal, employees and patrons
of hookah bars are at an increased risk for elevated carbon monoxide
levels. This Legislature finds that hookah bars should be required
to have a fully operational carbon monoxide detector on premises at
all times to protect the health and safety of their patrons and employees
from carbon monoxide poisoning.
B.
Therefore, the purpose of this article is to require all hookah bars
in Suffolk County to have a carbon monoxide detector on premises and
fully operating at all times.
As used in this article, the following terms shall have the
meanings indicated:
A pipe for smoking tobacco consisting of one or more long,
flexible stems connected to a container of water or other liquid through
which smoke is drawn and cooled.
A sole proprietorship, corporation, partnership or other
enterprise in which the primary activity is the sale, manufacture
or promotion of flavored tobacco for consumption on premises using
a hookah, and in which the sale, manufacture or promotion of other
products is merely incidental.
A.
Any hookah bar operating in the County of Suffolk shall at all times
have a functioning carbon monoxide detector located in each room of
the establishment in which hookahs are available for use.
B.
Each carbon monoxide detector installed in a hookah bar shall have
a digital readout displaying the carbon monoxide concentration in
parts per million and shall be tested annually.
A.
Violation of any portion of this article shall be subject to a civil
penalty of $500 for an initial violation. Each subsequent offense
shall be punishable by a civil penalty of $1,000 per violation.
B.
A civil penalty shall only be assessed by the Commissioner of the
Department of Health Services following a hearing and opportunity
of an alleged violator to be heard.
The Department of Health Services is authorized to establish
all rules and regulations necessary for the implementation of this
article.
The Department of Health Services is authorized to enforce this
article.
This article shall apply to all actions occurring on or after
the effective date of this article.
