(a) Legislative Findings.
(1) The County has a responsibility to address public safety issues in an effective and rapid manner. There has been a rise in certain crimes, including armed robberies, carjackings, drug use, drunk driving, and car rallies, especially in central business districts (CBD) in Montgomery County with heightened risks during the early morning hours.
(2) The Montgomery County Police Department have responded to these challenges by deploying more police officers in CBDs; however, the increased police presence during overnight hours has led to significant overtime cost for the Department, reaching tens of thousands of dollars per month with a high point of $70,000 in overtime expenses. In addition, because of the concentration of police officers in CBDs there are also opportunity costs that have led to longer police response times during late nights for incidents outside of the CBD areas.
(3) The number of police calls received as a result of late night establishments operating in the downtown Silver Spring area between 2 a.m. and 7 a.m. increased by 16 percent from 2022 to 2023, with the highest overall count of 2,974 service calls when compared to other areas in the County.
(b) Definitions. As used in this Section:
Hookah lounge means any facility, establishment, or place whose business operation, whether as its primary use or as an ancillary use, includes the smoking of tobacco, flavored tobacco, nicotine, or other substances, including vaping liquid, through one or more hookah pipes (also known as a hookah, electronic hookah, waterpipe, shisha or narghile). A hookah lounge may include a hookah bar or hookah cafe.
Tobacco shop has the same meaning as in Section 24-9 and includes an area or room that allows for onsite smoking of tobacco products or other related substances.
Vape shop has the same meaning as in Section 24-9 and includes an area or room that allows for onsite smoking of tobacco products or other related substances.
(c) Hours of operation - limited. A hookah lounge, tobacco shop, or vape shop may operate:
(1) on Monday through Thursday, from 9 a.m. to 2 a.m. the following day;
(2) on Friday and Saturday, from 9 a.m. to 3 a.m. the following day; and
(3) on Sunday:
(A) from 9 a.m. to 2 a.m. the following day; or
(B) from 9 a.m. to 3 a.m. the following day, if the federal government has designated the following day as a public holiday.
(d) A hookah lounge, tobacco shop, or vape shop that operates outside of the hours permitted under subsection (c) is in violation of this Section.
(e) Penalty. A violation of this Section is a Class A violation. Each day a violation occurs is a separate offense.
(f) Enforcement.
(1) The Executive may, under Method (2), adopt regulations to designate an agency or department for the implementation, administration, and enforcement this Chapter.
(2) The County Attorney may file an action in a court with jurisdiction to enjoin a violation of this Section. (2024 L.M.C., ch. 7, § 1.)