§ 10-19 Age Limit of Patrons Allowed to Enter a Non-Tobacco Hookah Establishment.

A non-tobacco hookah establishment must not allow a person to enter such establishment unless the person demonstrates, through a valid driver's license or other photographic identification issued by a governmental entity or an educational institution, that the person is at least 21 years of age. Such identification need not be required of any individual who reasonably appears to be at least 30 years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleging the granting of permission to a person under the age of 21 to enter the establishment.

(Added City Record 4/10/2018, eff. 5/10/2018)

§ 10-20 Sanitization, Cleaning, and Handling of Hookah Equipment.

   (a)   Hookah pipe. All hookah pipes served to patrons must be cleaned and sanitized to the extent practicable prior to service to remove any contaminants that may pose a health risk to patrons.

   (b)   Mouthpiece. Individually wrapped mouthpiece tips must be provided to each patron at time of service for use only by that individual patron and must be discarded after use.

(Added City Record 4/10/2018, eff. 5/10/2018)

§ 10-21 Warning Signs for Non-Tobacco Hookah Establishments.

   (a)   Warning signs provided by the Department regarding the risks associated with non-tobacco hookah use must be posted and maintained by the owner, operator, manager or other person having control of the non-tobacco hookah establishment and must be posted in locations that are conspicuous and prominent to patrons.

   (b)   In addition to the text required by the Department, warning signs may include information and pictorial images regarding the hazards of non-tobacco hookah products, such as information and images relating to the hazards from their emissions and the adverse health effects associated with non-tobacco hookah use.

   (c)   A warning sign provided by the Department shall include, at a minimum, any two of the following statements:

      (1)   One hour of hookah smoking can expose you to more carbon monoxide and tar than smoking 10 cigarettes.

      (2)   Hookah smoke contains cancer-causing chemicals.

      (3)   Hookah smoke has chemicals that can increase risk of heart attack and cancer.

      (4)   Secondhand hookah smoke is hazardous.

   (d)   One warning sign must be posted above, adjacent to, or on each entrance doorway and must be at least 144 square inches.

   (e)   At least one sign shall be posted in each room or area where non-tobacco hookah smoking is allowed and must be at least 576 square inches.

   (f)   The Department may order the removal or change in placement of a sign that is in violation of these regulations.

   (g)   An operator of a non-tobacco hookah smoking establishment must post a sign on the entrance to the establishment stating that "NYC Administrative Code § 17-719(a) prohibits entry to this establishment to any person under 21 years of age."

(Added City Record 4/10/2018, eff. 5/10/2018)

§ 10-22 Original Labels, Labeling and Packaging of Out-of-Package Sales Required.

Every owner, operator, manager or other person in control of a non-tobacco hookah establishment that sells, or offers for sale, non-tobacco smoking products must maintain on site the original labels, labeling and packaging provided by the manufacturer of any product currently sold or offered for sale in the establishment.

(Added City Record 4/10/2018, eff. 5/10/2018)

§ 10-23 Revocations of Permits to Operate Non-Tobacco Hookah Establishments.

   (a)   Revocation. Where the Commissioner has issued a permit to operate a non-tobacco hookah establishment, he or she shall revoke the permit if:

      (1)   The establishment is found to have violated subdivision a of § 17-508 of the Administrative Code or subdivision 1 of Section 1399-s of the Public Health Law; or

      (2)   The establishment is found on two or more occasions to have violated subdivision a of § 17-719 of the Administrative Code; or

      (3)   The owner has submitted any false, untrue or misleading financial statement to the Department, or has made any other misrepresentation or error either in such statement or other certification.

   (b)   Expert costs. If the Department proves at a hearing that a non-tobacco hookah establishment sold, offered for sale, or allowed tobacco-containing products to be smoked on its premises in violation of subdivision a of § 17-508 of the Administrative Code or subdivision 1 of Section 1399-s of the Public Health Law, the permittee of such establishment shall be responsible for the costs incurred by the Department for any expert testimony given at the hearing that relate to proving such violation. Such costs may include, but are not limited to, the travel and lodging of the expert and trial preparation. In the event the permit holder refuses to pay such costs, the Department shall commence a proceeding at a court of competent jurisdiction for the collection of such costs.

   (c)   Inspections and Investigations. During an inspection or investigation of a public space in a non-tobacco hookah establishment, the owner and employees of the establishment must comply with all Department requests, including but not limited to, requests for reasonable amounts of shisha samples found in any public space in the non-tobacco hookah establishment, such as those that have been served to patrons, for the purpose of testing for tobacco. Failure to allow a Department inspector to obtain shisha samples found in any public space of the non-tobacco hookah establishment or to otherwise comply with a Department request for inspection of any public space shall be presumed to be a violation of subdivision a of Section 17-508 or subdivision 1 of Section 1399-s of the Public Health Law. A Department inspector may request entry into, or ask for samples of shisha found, in any non-public space in a non-tobacco hookah establishment.

(Added City Record 4/10/2018, eff. 5/10/2018)