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§ 10-18 Requirements for an Owner of an Establishment to Operate a Non-Tobacco Hookah Establishment.
   (a)   The owner of an establishment that, as of October 17, 2017, generated 50% or more of its total annual gross sales from the on-site sale of non-tobacco smoking products during the same calendar year may apply for a permit to operate a non-tobacco hookah establishment. Such application must be submitted to the Department no later than October 11, 2018. The applicant for a permit may be an individual proprietor of the establishment or any corporate entity that owns the establishment.
   (b)   In addition to other information, the application may require an audited financial statement or other certification prepared by a certified public accountant and signed by both the accountant and the owner, attesting to the accuracy of the information provided by the owner.
   (c)   Upon request by the Department, the owner must provide documents supporting the financial statement or other certification required by the Department.
   (d)   Upon receipt of a permit from the Department, the owner of a non-tobacco hookah establishment must post the permit in the establishment in a manner that is visible to the public.
   (e)   A permit to operate a non-tobacco hookah establishment shall be valid for one year from the date it is granted and may be renewed for additional one year periods.
   (f)   In addition to other information, the application for a renewal of such permit may require that the owner of a non-tobacco hookah establishment show that:
      (1)   Such establishment generated 50% 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 establishment has been operating as a non-tobacco hookah establishment since at least October 17, 2017, and has not expanded its size or changed its location on or after such date;
      (3)   Such 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 April 16, 2018;
      (4)   Such 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      (5)   The permit issued pursuant to Section 17-513.5 has not been revoked pursuant to subdivision l of Section 17-508.
   (g)   A complete application to renew a permit, including supporting documentation showing that the establishment generated at least 50% of its total annual gross sales during the calendar year preceding the renewal application from the on-site sale of non-tobacco smoking products, must be submitted to the Department no later than thirty (30) calendar days before the expiration date of the permit. Failure to timely submit a complete renewal application to the Department by the date on which the permit expires shall authorize the Department to reject submission of the renewal application after such date.
(Added City Record 4/10/2018, eff. 5/10/2018)