[HISTORY: Adopted 2-13-2023 by Ord. No. 1023. Amendments noted where
applicable.]
A type of water pipe used to smoke tobacco or other legal
nontobacco substances, in which air is heated by charcoal or burning
embers and passed through the tobacco or other substance to form smoke,
and the smoke then passes through a water-filled chamber where it
is filtered and cooled, and then inhaled through a tube and mouthpiece
by one or more users during a smoking session which may last from
45 minutes to 60 minutes or longer. At the end of a smoking session,
the dirty water is discarded and the water chamber is refilled for
the next user(s). The term "hookah" may also be referred to as a water
pipe, narghile, argileh, goza, or hubble-bubble.
A smoking establishment whose business operation, whether
as its primary use or as an ancillary use, is devoted to the on-premises
use of hookahs. The term "hookah bar" includes but is not limited
to establishments variously known as hookah parlors, hookah cafes,
and hookah lounges.
A retail establishment that derives more than 80% of its
gross revenue from the sale of cigars, cigarettes, pipes, or other
smoking devices for burning tobacco and related smoking accessories
and in which the sale of other products is merely incidental. "Retail
tobacco store" does not include a tobacco department, or section of
a larger commercial establishment, or of any establishment with a
liquor permit, or of any restaurant.
An establishment in which tobacco products are sold for use
or consumption on the premises to persons age 18 and older as provided
by state law. The term "smoking establishment" includes but is not
limited to establishments referred to as smoking, cigar, or tobacco
bars or lounges, but for the purposes of this chapter shall not include
hookah bars.
A.
Purpose. The purpose of these regulations is to differentiate hookah
bars from smoking establishments, retail tobacco stores, and general
retail sales due to their inherent differences in nature, function,
and effect; and to establish minimum standards for the operation of
hookah bars in order to minimize adverse effects on surrounding property
and ensure the goals of the Zoning Ordinance of the City of Moscow
Mills to maintain and enhance the community's image and economic
vitality are met.
B.
Applicability. These regulations shall apply to all hookah bars as
defined in this chapter.
C.
Requirements.
1.
Location. A hookah bar shall not be permitted to operate on property
abutting any property containing a conforming single-family residence,
nor within a 500-foot radius, as measured by a straight line from
wall to wall, of any of the following:
2.
Hours of operation. A hookah bar shall not be permitted to operate
between the hours of 12:00 midnight and 10:00 a.m.
3.
Minors prohibited. No person under 18 years of age shall be permitted
to enter, work at, or patronize a hookah bar.
4.
Alcoholic beverages prohibited. The sale and/or consumption of alcoholic
beverages shall not be permitted at any hookah bar.
5.
Intoxicated persons prohibited. Any person obviously under the influence
of any intoxicating drug or beverage shall not be permitted to enter
or patronize a hookah bar.
6.
Outdoor activity prohibited. Outdoor activity related to a hookah
bar shall not be permitted.
7.
Loitering prohibited. The owner or operator of a hookah bar shall
not permit loitering by persons outside the hookah bar.
8.
Ventilation system required. A hookah bar shall provide adequate
ventilation for smoke in accordance with all City, state, and federal
laws. The ventilation shall also ensure that smoke from the hookah
bar is incapable of migrating into any other portion of the building
hosting the hookah bar, or into any other building in the vicinity
of the hookah bar.
9.
Compliance with state and federal laws. A hookah bar shall be in
compliance with all state laws pertaining to smoking in a place of
employment or in a public place.
