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Old February 5th, 2009, 04:19 PM
KarmaHookah
Status: Offline
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Join Date: Jan 2009
Location: Phoenix, AZ
Posts: 159
Default Hookah Lounge = Retail Tobacco Store?

I am a little confused, there are a few hookah bars in AZ that are still in operation after the indoor smoking ban, from what I read, retail tobacco stores are the only stores exempt from this act.

So does renting out a hookah count as a tobacco sale? I assumed it did, but I Was not sure?

Here is the rules from the act:

f. Retail Tobacco Stores

The Act allows tobacco smoking in retail stores that derive the majority of sales from tobacco products and accessories, are physically separated from smoke-free areas by solid walls or windows, and are independently ventilated from smoke-free areas. See the definition of "physically separated" in A.R.S. 36-601.01(A)(6). R9-2-101(24), R9-2-104(E), and R9-2-107 implement the Act's limited exemption for retail tobacco stores from the smoking prohibition. R9-2-101(24) defines "tobacco products and accessories." R9-2-104(E) requires a proprietor of a retail tobacco store where smoking is permitted to comply with R9-2-107. Under R9-2-107(A), a proprietor may permit smoking in a retail tobacco store only if the retail store derives the majority of its sales from tobacco products and accessories, is physically separated and independently ventilated, and meets the requirements in R9-2-107. Under R9-2-107, the proprietor of a retail store where smoking is permitted under the Act's retail tobacco store exemption must:

• Prepare an affidavit certifying that the retail tobacco store expects to derive at least 51 per cent of its gross income from the sale of tobacco products and accessories during each calendar year, if the retail tobacco store begins operating after January 1 of a calendar year; or

• Annually prepare an affidavit certifying that the retail tobacco store derived at least 51 percent of its gross income from the sale of tobacco products and accessories during the previous calendar year, if the retail tobacco store has been in operation for at least an entire calendar year. R9-2-107(D) specifies the documents to be provided to the Department or the Department's designee by the proprietor of a retail tobacco store where smoking is permitted if the Department or the Department's designee receives a complaint under R9-2-109(A) about the retail tobacco store. See the definition of "Department's designee" in R9-2-101(10). R9-2-107(E) specifies the documents that the proprietor of a retail tobacco store where smoking is permitted must retain and make available to the Department or the Department's designee upon request.
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