(a) Purpose. The purpose of these regulations is to differentiate hookah bars from other tobacco retail establishments, tobacco retail stores, and other tobacco smoking establishments due to their inherent differences in nature, function, and effect; and to establish additional minimum standards for the operation of hookah bars within the City of Tucson in order to minimize adverse effects on surrounding property and to protect, preserve, maintain and enhance the public's safety and health.
(b) Applicability. These regulations shall apply to all hookah bars as defined in this article. These regulations are in addition to the tobacco retail regulations that otherwise apply to hookah bars under state law and this article.
(c) Requirements. In addition to the requirements applicable to other tobacco retail establishments and tobacco retailers under this article, hookah bars shall also comply with the below:
(1) Hours of operation. A hookah bar shall not be permitted to operate between the hours of 12:00 a.m. and 7:00 a.m.
(2) Minors prohibited. No person under eighteen (18) years of age shall be permitted to enter, work at, or patronize a hookah bar.
(3) Alcoholic beverages prohibited. The sale and/or possession and/or consumption of alcoholic beverages shall not be permitted at any hookah bar.
(4) Intoxicated persons prohibited. Any person obviously under the influence of any intoxicating drug or beverage shall not be permitted to enter or remain in a hookah bar.
(d) Exemption. The provisions of this Section, including but not limited to the prohibited hours of operation, do not apply to any hookah bar that is separately licensed under Title 4 of the Arizona Revised Statutes regulating the sale of alcoholic beverages.
(e) Persons responsible. The persons responsible for compliance with the requirements of subsection (c) of this section include the person(s) licensed to operate the establishment as a tobacco retail establishment, whether or not that person(s) is present at the establishment at the time of the violation; and any employee of the establishment who is present at the time of the violation.
(f) Penalty. Any violation of the provisions of this section is a class 1 misdemeanor.
(Ord. No. 12133, § 2, 11-7-24, eff. 12-8-24)