TheSmoke Free Air Act (SFAA) prohibits smoking and the use of electronic cigarettes (vaping) in most workplaces and public spaces. This applies to any substance, including cannabis, and includes areas near hospital entrances, in parks, beaches and pedestrian plazas. The SFAA also prohibits the use of smokeless tobacco at sports arenas and recreational areas that issue tickets.
Smoking or vaping any product containing tobacco or cannabis is prohibited at New York City restaurants and bars, including all indoor and outdoor dining areas. Serving non-tobacco shisha for on-site smoking is only allowed with a permit to operate as a non-tobacco hookah establishment.
We provide technical assistance to organizations, vendors and worksites that implement these laws. We also offer educational materials on responsibilities and rights under these laws, and trainings and presentations to various groups regarding these laws.
Under the SFAA, any smoking or vaping is banned in all indoor common areas of residential buildings with three or more units. Owners of residential buildings with three or more units are also required to create a policy on smoking and share it with current and future tenants. Policies must describe where smoking is and is not allowed on the property, including all outdoor and indoor locations, such as within apartments.
Business owners and employers are required to create a smoking and e-cigarette use policy. It should be posted for all employees and shared with new hires. In most cases, the policy should prohibit any smoking and e-cigarette use in indoor workplace spaces.
All hookah-serving establishments are required to have a permit. No new permit applications are currently being accepted. Permitted establishments must only serve non-tobacco shisha. Hookah establishments must display warning signs about the health risks of hookah smoke. People younger than 21 are not permitted to enter hookah-serving establishments.
The New York State Clean Indoor Air Act (CIAA) prohibits any smoking and the use of e-cigarettes in certain public areas and covers New York State (including New York City). In addition to the SFAA restrictions, the CIAA prohibits all smoking and the use of e-cigarettes:
The CIAA requires the posting of "No Smoking" or "Smoking" signs, or "No Vaping" or "Vaping" signs, or a sign with the international "No Smoking" symbol, to be clear and visible in these outdoor areas.
In November of 2015, the City of Toronto announced a new bylaw would take effect on April 1, 2016, prohibiting indoor shisha (or hookah) smoking under a Toronto municipal code. This bylaw places 70 businesses, mostly owned by Middle Eastern and East African proprietors, under the hazard of closure. In turn, the transition threatens a culturally alternative and halal space for people of color. Right now, the ban is in its first phase of enforcement: Toronto Public Health (TPH) inspectors will visit establishments to educate them on how to restructure their current business models without selling shisha by July 1.
Sumaya, who declined to provide her last name, is part owner of The Prince, another east end lounge which borders Scarborough and North York. Although food and beverage is on her menu, she said 90 percent of her monthly income comes from the sale of shisha. When the bylaw reaches its last phase of enforcement, she said, The Prince could become essentially impossible to keep open.
According to Vanderlinden, shisha lounge owners who allow indoor smoking in their establishments after July 1 will be subject to repercussions, including tickets and summonses, alongside possible Licensing Tribunal hearings. (Set fines have yet to be determined.)
But that finding is contradicted by Alberta Health, which says the legal changes that take effect later this spring don't address the use of hookah or waterpipes in public places, and the province is allowing municipalities to regulate the practice.
The report said the city could establish a separate business licence class for shisha lounges and could amend a public bylaw to allow indoor smoking of shisha. That would "effectively reverse" last year's ban.
"The province is advancing upcoming changes to the Tobacco and Smoking Reduction Act, which, as currently proposed, would prohibit the consumption of shisha indoors," stated the report released Thursday.
An Alberta Health spokesperson said smoking shisha that contains tobacco remains prohibited in and near public places. Apart from that, rules around indoor shisha smoking are largely left to the city.
"The Government of Alberta has determined that the regulation of hookah or waterpipe use should be handled by municipalities, who are well equipped to understand their communities' needs in relation to hookah or waterpipe use and can develop regulations to reflect their community interests," Zoe Cooper said in a statement.
Smoking shisha is seen as a social gathering, often drawing customers of African or Middle Eastern backgrounds. It is a tradition that dates back centuries, originating in places like India, Persia, and Ethiopia.
He said city officials reneged on a promise to send the report to him before publicly releasing it and he is disappointed by its findings.
"It appears as if city administration didn't listen, or didn't understand, what shisha consumption is," Nanda said, adding Edmonton lounges provide a herbal product that does not contain tobacco.
The report said any bylaw amendments to allow shisha smoking indoors again would include conditions. No minors would be allowed in the separate, designated smoking areas, there would be no food or drink served in those areas, and lounges would have to work to eliminate any second-hand impacts on employees.
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If you are the owner of a caf, bar or restaurant which sells or supplies shisha there are certain legal requirements that you must comply with. The following information about smoke-free legislation includes smoke from shisha products.
The Health Act 2006 makes it a requirement to keep indoor public places and workplaces, including work vehicles, smoke-free. The legislation was designed to protect workers and members of the public from the serious health risks of second-hand smoke.
A smoking shelter must be at least 50% open all of the time. Doors, windows and tent/marquee side-panels will be classed as part of the wall if they can be shut or rolled up. If rugs, carpets or sheeting are used to cover up the spaces so that it is no longer at least 50% open, this will be in breach of the legislation.
Yes. Premises which are used as a full-time place of residence for extended periods, for example: private dwellings and adult care homes in private residential spaces. Designated rooms in hotels, hostels and bed and breakfast accommodation are exempt since they are places where people live even though they are not private homes.
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