(Added by Ord. No. 187,525, Eff. 7/16/22.)
(a) Pursuant to Section 46.91, Tobacco Products may only be sold at a location that has been issued a City Tobacco Retailer's Permit. It shall be unlawful to Sell or offer for Sale, or possess with the intent to Sell, any Flavored Tobacco Product at a permitted Tobacco Retailing location.
(b) Exceptions: The Sale of Shisha, Shisha Tobacco and Shisha Tobacco Products, which qualify as Flavored Tobacco Products, is permissible at any Hookah Lounge with a valid Tobacco Retailer's Permit that was issued pursuant to Section 46.91 of this Code on or before the effective date of this section. Such Sale is also permissible in a Bar, as defined in Section 41.50 A.1. of this Code, provided that: (1) the Bar has a valid Tobacco Retailer's Permit that was issued pursuant to Section 46.91 of this Code on or before the effective date of this section; (2) the Bar has an adjacent unenclosed outdoor space dedicated to the Smoking of Shisha or Shisha Tobacco; and (3) no Smoking is allowed inside of the Bar. An unenclosed outdoor space is one in which there is a complete absence of the entire ceiling or at least one wall. An opening in the ceiling or a wall of the outdoor space is not considered a complete absence.
(c) This section shall be operative on January 1, 2023.