New York City Council Header
File #: Int 2129-2020    Version: * Name: Allowing a local community board to review the opening and operation of new non-tobacco hookah establishments.
Type: Introduction Status: Committee
Committee: Committee on Health
On agenda: 10/15/2020
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to allowing a local community board to review the opening and operation of new non-tobacco hookah establishments
Sponsors: Ydanis A. Rodriguez
Council Member Sponsors: 1
Summary: This bill would require that community boards have the opportunity to review new non-tobacco hookah establishment permit applications that are submitted to the Department of Health and Mental Hygiene (DOHMH). It would also remove the restriction on opening new non-tobacco hookah establishments.
Attachments: 1. Summary of Int. No. 2129, 2. Int. No. 2129, 3. October 15, 2020 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 10-15-20, 5. Minutes of the Stated Meeting - October 15, 2020

Int. No. 2129

 

By Council Member Rodriguez

 

A Local Law to amend the administrative code of the city of New York, in relation to allowing a local community board to review the opening and operation of new non-tobacco hookah establishments

 

Be it enacted by the Council as follows:

 

Section 1. Subdivision g of section 17-513.5 of the administrative code of the city of New York, as added by local law number 187 for the year 2017, is amended to read as follows:

g. To obtain and renew a permit issued pursuant to this section for a non-tobacco hookah establishment, a person shall demonstrate that:

1. [such] Such non-tobacco hookah establishment generated 50 percent or more of its total annual gross sales during the preceding calendar year from the on-site sale of non-tobacco smoking products;

2. [such non-tobacco hookah establishment has been operating as a non-tobacco hookah establishment since at least the date of enactment of the local law that created this section, and has not expanded its size or changed its location on or after the date of enactment of the local law that added this section;] The local community board has reviewed and provided comment on the opening and operation of such non-tobacco hookah establishment;

3. [such] Such non-tobacco hookah establishment has not been found to have served shisha containing tobacco or nicotine, in violation of subdivision a of section 17-508 or subdivision 1 of section 1399-s of the public health law, after the effective date of the local law that added this section;

4. [such] Such non-tobacco hookah establishment does not owe a civil penalty for a violation of any provision of this chapter or of chapter 7 of title 17; and

5. [the] The permit of such non-tobacco hookah establishment issued pursuant to this section has not been revoked pursuant to subdivision l of section 17-508 or subdivision b of section 17-716.

§ 2. This local law takes effect 90 days after it becomes law, except that the commissioner of health and mental hygiene shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.

 

 

 

 

 

 

JG

LS # 13288

08/12/20 4:59 PM