§ 17-513.5 Non-tobacco hookah establishments.

   a.   It shall be unlawful for a person to operate a non-tobacco hookah establishment without a permit from the department.

   b.   A permit issued pursuant to this section shall be valid for one year.

   c.   A permit issued pursuant to this section is not assignable or transferrable.

   d.   Where any person becomes the beneficial owner of 10 percent or more of the stock of an organization to which a permit has been granted pursuant to this section, if such person previously did not hold at least a 10 percent interest, such permit shall immediately become void.

   e.   Any permit issued pursuant to this section shall immediately become void upon the addition or termination of any general partner or upon the dissolution of a partnership that owns a non-tobacco hookah establishment.

   f.   The department may charge a fee of $25 for a permit issued pursuant to this section.

   g.   To obtain and renew a permit issued pursuant to this section for a non-tobacco hookah establishment, a person shall demonstrate that:

      1.   such non-tobacco hookah establishment generated 50 percent or more of its total annual gross sales during the preceding calendar year from the on-site sale of non-tobacco smoking products;

      2.   such non-tobacco hookah establishment has been operating as a non-tobacco hookah establishment since at least the date of enactment of the local law that created this section, and has not expanded its size or changed its location on or after the date of enactment of the local law that added this section;

      3.   such non-tobacco hookah establishment has not been found to have served shisha containing tobacco or nicotine, in violation of subdivision a of section 17-508 or subdivision 1 of section 1399-s of the public health law, after the effective date of the local law that added this section;

      4.   such non-tobacco hookah establishment does not owe a civil penalty for a violation of any provision of this chapter or of chapter 7 of title 17; and

      5.   the permit of such non-tobacco hookah establishment issued pursuant to this section has not been revoked pursuant to subdivision l of section 17-508 or subdivision b of section 17-716.

(L.L. 2017/187, 10/16/2017, eff. 4/14/2018)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/187.