(A) Purpose. The purpose of these regulations is to differentiate hookah bars from smoking establishments, retail tobacco stores, and general retail sales due to their inherent differences in nature, function, and effect; and to establish minimum standards for the operation of hookah bars in order to minimize adverse effects on surrounding property and ensure the goals of the 2009 West Carrollton Comprehensive Plan to maintain and enhance the community's image and economic vitality are met.
(B) Applicability. These regulations shall apply to all hookah bars as defined in this chapter.
(C) Requirements.
(1) Location. A hookah bar shall not be permitted to operate on property abutting any property containing a conforming single-family residence, nor within a five hundred (500) foot radius, as measured by a straight line from wall to wall, of any of the following:
(a) Any other hookah bar or smoking establishment.
(b) Any public or private school or day care facility.
(c) Any public park or recreation facility.
(d) Any religious institution.
(e) Any sexually-oriented business, tattoo or body piercing shop, gun shop, or pawn shop.
(2) Hours of operation. A hookah bar shall not be permitted to operate between the hours of midnight and 7:00 a.m.
(3) Minors prohibited. No person under eighteen (18) years of age shall be permitted to enter, work at, or patronize a hookah bar.
(4) Alcoholic beverages prohibited. The sale and/or consumption of alcoholic beverages shall not be permitted at any hookah bar.
(5) Intoxicated persons prohibited. Any person obviously under the influence of any intoxicating drug or beverage shall not be permitted to enter or patronize a hookah bar.
(6) Outdoor activity prohibited. Outdoor activity related to a hookah bar shall not be permitted.
(7) Loitering prohibited. The owner or operator of a hookah bar shall not permit loitering by persons outside the hookah bar.
(8) Ventilation system required. A hookah bar shall provide adequate ventilation for smoke in accordance with all city, state, and federal laws. The ventilation shall also ensure that smoke from the hookah bar is incapable of migrating into any other portion of the building hosting the hookah bar, or into any other building in the vicinity of the hookah bar.
(9) Lighting and visibility. No window coverings or window tinting shall be permitted which prevents visibility of the interior of a hookah bar from outside the premises during operating hours. The interior of a hookah bar shall be maintained with adequate illumination to make the conduct of patrons within the premises readily discernible to person with normal visual acuity.
(10) Parking. Parking for a hookah bar shall be provided as required for "Taverns, cocktail lounges" in Zoning Code Section 154.12.01, Off-Street Parking and Loading Requirements.
(11) Annual license.
(a) A person or entity seeking to own or operate a hookah bar within the City must receive a license, to be issued and renewed annually by the Chief of Police. The Chief of Police shall review each application, conduct any additional investigation which is deemed reasonable in assessing each application, and maintain a record of any person or entity who has received such a license.
(b) Based on the findings of the investigation, the Chief of Police may impose additional conditions upon the hookah bar's operation which in the discretion of the Chief of Police are necessary to ensure compatibility with other uses in the vicinity and to ensure the public health, safety, and welfare.
(c) The Chief of Police may deny an application for a hookah bar license for any of the following reasons: the applicant has been convicted of a felony; the applicant is under the age of twenty-one (21) years; the applicant has made a false statement in the application for a license; the application on its face indicates that the proposed hookah bar cannot be operated in accordance with the requirements of this section.
(d) A hookah bar license may be revoked for any of the following reasons: the owner or operator of the hookah bar violates any requirement of this section; the owner or operator of the hookah bar is convicted of a felony; the hookah bar is not in compliance with one or more of the conditions of its license.
(e) Notwithstanding this license requirement and any additional conditions imposed by the Chief of Police, a hookah bar shall also obtain all other approvals and permits required by Title XV: Land Usage of the Codified Ordinances of the City of West Carrollton.
(f) A fee for this license may be charged as provided in Chapter 37: General Fee Schedule.
(12) Compliance with state and federal laws. A hookah bar shall be in compliance with all state laws pertaining to smoking in a place of employment or in a public place, including but not limited to Ohio R.C. Chapter 3794: Smoking Ban, as well as all state and federal laws pertaining to the sale or furnishing of tobacco products to minors.
(Ord. 3567. Passed 8-25-15.)