§ 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)

§ 10-24 Severability.

The unenforceability of any provision in these rules shall not affect the enforceability of any other provisions which shall remain in full force and effect unless a court orders otherwise.

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

Appendix A: Specifications for Separate Smoking Rooms [Repealed]