401.533.5175
•
Rhode Island Tobacco Control Network
•
www.RITCN.org
What is Being Done to
Ban Hookah Bars?
AMENDMENTS TO CLEAN INDOOR AIR REGULATIONS
Some states and municipalities have amended their clean indoor air legislation to include hookah bars or
otherwise define “smoking” so that it encompasses the use of hookahs. This includes updates to language
that defines retail tobacco stores, defines tobacco use as more broad than “lighted tobacco” (as hookah
tobacco is not technically burned), and prohibits smoking of herbal shisha (non-tobacco products used in
hookah).1
LICENSING RESTRICTIONS
While some states and municipalities have amended their smoke-free workplace legislation, others have
addressed the proliferation of hookah bars through licensing restrictions. These strategies include:

Moving tobacco licensing to state liquor commissions so that both alcohol and tobacco licenses are
handled by the same administration. This creates better compliance on tobacco license issues, as if
one license is not complied with, the other license may be in jeopardy.2 (New Hampshire)

Prohibiting food, liquor or restaurant licenses for establishments that apply for the smoke-free
workplace exemption. In Michigan, hookah bars can only be considered a “tobacco specialty store”
whose primary purpose is the “retail sale of tobacco products and smoking paraphernalia” if they do
not serve food or alcohol. Any hookah bar that does not apply for the exemption or does not comply
is shut down.3 In North Carolina, any establishment that requires a food sanitation permit or sells
alcohol for on-premise consumption may not offer hookah smoking. 4
EXTENSIONS OR “GRANDFATHERING”
In those states and municipalities that have banned or are attempting to ban hookah bars completely, some
provide exemptions or extensions, such as:

In Boston, a 2008 ordinance banning hookah and cigar bars allows these establishments 10 years to
operate before they must close or discontinue hookah or cigar smoking, and the chance to apply for a
10 year extension after that.5

In New York City, a proposed change to the smoking ban would prohibit all hookah bars, including
those that offer legal herbal shisha, but offer exemptions to existing establishments. It would,
however, prohibit existing establishments from expanding or changing locations.6
1
Tobacco Control Legal Consortium, “Regulating Hookah and Waterpipe Smoking” available at
http://www.publichealthlawcenter.org/sites/default/files/resources/tclc-guide-regulatinghookahs-2010.pdf
2
Tobacco Control Network, Q&A related to Cigar and Hookah Bars, January 19, 2009, available at http://www.ttac.org/tcn/peers/restrictions/01.19.09.html
3
Tobacco Control Network, Q&A related to State Hookah Regulations, August 12, 2010, available at http://www.ttac.org/tcn/peers/other/08.12.10.html
4
Tobacco Control Network, Q&A related to State Hookah Regulations, August 12, 2010, available at http://www.ttac.org/tcn/peers/other/08.12.10.html
5
“Boston Commission Votes to Ban Cigar, Hookah Bars”, Fox News, December 12, 2008, available at http://www.foxnews.com/story/0,2933,465850,00.html
6
Americans for Nonsmokers’ Rights, “Hookahs”, available at http://www.no-smoke.org/goingsmoke-free.php?id=581
www.RITCN.ORG
Prepared by M+R Strategic Services
401.533.5175
•
Rhode Island Tobacco Control Network
•
www.RITCN.org
Other local and state governments that have proposed or passed hookah bar bans but allowed existing
businesses to remain include Connecticut and Oregon. 7 8
7
“Hookah Lounge Ban Narrowly Passes Committee Vote” Eyewitness News 3 (New Haven) May 10, 2011 http://www.wfsb.com/story/14895443/hookah-loungeban-narrowly-passes-committee-vote-5-10-2011
8
Amanda Waldroupe, “House Votes to Place Restrictions on Hookah Bars”, The Lund Report, April 28, 2011, available at
http://www.thelundreport.org/resource/house_votes_to_place_restrictions_on_hookah_bars
www.RITCN.ORG
Prepared by M+R Strategic Services