Whether shisha bars are illegal may seem like a silly question given the massive proliferation of such establishments over the past decade. However, you`ll be surprised to learn that many hookah bars operate illegally under state, area, and/or city laws. Because smoking laws vary from jurisdiction to jurisdiction and from local governments that rely on cash, the “legality” of hookah bars is a complicated issue that ultimately depends on enforcement. First, hookah as tobacco smoke is regulated by laws that regulate smoking both in the workplace and in state-owned enterprises. These laws, which generally prohibit smoking, may exempt bars and restaurants; tobacconists and smoking rooms; Private clubs and outdoor terraces. Again, the peculiarities depend entirely on the state and / or locality. For example, Alabama does not have a statewide smoking ban, but a number of cities have introduced their own bans. Some allow smoking in restaurants and bars, while others do not. And while Connecticut defines cigar bars by the proportion of their revenue coming from tobacco products, California requires that a tobacco retail store or smoking lounge be almost entirely active in the tobacco sales business. Even the sale of food can ultimately make a shisha bar illegal under California law. The reason so many shisha lounges are allowed to stay despite non-compliance with the law is that the number of administrative hearings required before a business closes costs the government a lot of time and money. But keep in mind that a lack of enforcement ultimately doesn`t change if shisha bars are illegal. So take a close look at local legislation before you decide to take the shisha train.
Related Resources: Hookah Use in California Increases As Smoking Decreases (Huffington Post) Clean Indoor Air Acts (FindLaw) Michigan Finally Adopts Workplace Smoking Ban (FindLaw`s Law & Daily Life) If you have a patio or backyard, you can smoke there comfortably and legally when you`re of legal age. Hookah tobacco is legal to buy, although depending on your location and local regulations, some hookah flavors outside of certain tobacco bars may be illegal. Where laws allow smoking on outdoor terraces, restaurants and bars, it is quite possible that shisha bars are legal. Shisha bars, legal or not, carry the same risks as establishments where smoking cigarettes is allowed. This is actually not the case, as many shisha bars are operated illegally. 1. Centers for Disease Control and Prevention (CDC). Smoking and smoking: Hookahs (Fact Sheet). www.cdc.gov/tobacco/data_statistics/fact_sheets/tobacco_industry/hookahs/. Updated on 17 December 2013. Accessed August 18, 2014.
2. Cobb CO, Ward KD, Maziak W, Shihadeh AL, Eissenberg T. Waterpipe Tobacco smoking: An emerging health crisis in the United States. American Journal of Health Behaviors. 2010; 34(3):275–85. 3. Shihadeh A, Schubert J, Klaiany J, Sabban ME, Luch A, Saliba NA. Toxin content, physical properties and biological activity of hookah smoke and its tobacco-free alternatives.
Tobacco control. 2015; 24:i22-i30 4. Monzer B, Sepetdjian E, Saliba N, Shihadeh A. Burning charcoal as a source of carcinogenic CO and PAHs in the common smoke of Narghile hookahs. Food and chemical toxicology. 2008; 46(9):2991-2995. 5. Centers for Disease Control and Prevention (CDC). Smoking and smoking: Hookahs (Fact Sheet). www.cdc.gov/tobacco/data_statistics/fact_sheets/tobacco_industry/hookahs/. Updated on 17 December 2013.
Accessed August 18, 2014. 6. Centers for Disease Control and Prevention (CDC). Smoking and smoking: Hookahs (Fact Sheet). www.cdc.gov/tobacco/data_statistics/fact_sheets/tobacco_industry/hookahs/. Updated on 17 December 2013. Accessed August 18, 2014. 7. Cobb CO, Ward KD, Maziak W, Shihadeh AL, Eissenberg T. Waterpipe Tobacco smoking: An emerging health crisis in the United States.
American Journal of Health Behaviors. 2010; 34(3):275–85. 8. Shihadeh A, Schubert J, Klaiany J, Sabban ME, Luch A, Saliba NA. Toxin content, physical properties and biological activity of hookah smoke and its tobacco-free alternatives. Tobacco control. 2015; 24:i22-i30 9. Monzer B, Sepetdjian E, Saliba N, Shihadeh A.
Burning charcoal as a source of carcinogenic CO and PAHs in hookah smoke. Food and chemical toxicology. 2008; 46(9):2991-2995. 10. Centers for Disease Control and Prevention (CDC). Smoking and smoking: Hookahs (Fact Sheet). www.cdc.gov/tobacco/data_statistics/fact_sheets/tobacco_industry/hookahs/. Updated on 17 December 2013. Accessed August 18, 2014. 11.
Wang TW, Gentzke A, Sharapova S, et al. Tobacco Product Use Among Middle and High School Students – United States, 2011-2017. MMWR Morb Mortal Wkly Rep. 2018; 67:629–33. (Original data source: NYTS 2017). 12. Corey CG, Ambrose BK, Apelberg BJ, King BA. Use of flavoured tobacco products among middle and high school students – United States, 2014. 2015; 64(38):1066-1070. 13. Ambrose BK, Day HR, Rostron B, et al. Use of flavoured tobacco products among U.S.
adolescents aged 12 to 17 years, 2013-2014. Journal of the American Medical Association. 2015; 314(17):1871-1873. Now that local lawmakers and politicians are placing hookahs next to what they consider to be child-friendly e-liquid flavors, shisha salon owners and the hookah industry in general argue that they should be exempted from this legislation. For them, their argument is simple: making hookah illegal would be a cultural affront. The most common question we hear at MOB Hookah is whether buying a hookah is legal or not. The answer is quite simple: yes! In jurisdictions where such prohibitions are prohibited, shisha bars must fit into these exceptions to operate legally. While we wish it was different, the reality is that the legality of shisha smoking is a complex and ever-changing landscape that will only continue to change in the years to come. As smoking declines, shisha consumption appears to be on the rise, especially among younger generations, which could contribute to the perception that hookah bars are legal, while smoking cigarettes is not. Overall, smoking hookahs, especially smoking personal shisha at home, is a completely legal way to enjoy hookah.
Shisha lounges and bars are located in a gray area of legality that depends a lot on your local and state rules and regulations regarding indoor smoking in public. The legality of smoking in a shisha bar is mainly determined by national and local smoking regulations in your area.