Thread: Hookah 2 go?
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Old May 13th, 2009, 08:36 PM
kinghookah's Avatar
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Hookah Newbie
Join Date: May 2009
Location: fargo nd
Posts: 17
Default Re: Hookah 2 go?

hear is a excerpt from the county smoke free ordinance.

[FONT=Georgia]Fargo Cass Public Health Smoke-Free Ordinance [/FONT]

[FONT=Georgia]Fargo Cass Public Health is responsible for enforcement of the smoking ban within the city of Fargo recently enacted at the city election of June 10, 2008. The voters approved a city ordinance identical to the North Dakota state smoking law except that in Fargo, smoking is prohibited in bars, truck stops and rental halls. This document has been prepared to provide guidance to individuals and businesses as to the current legal requirements under which smoking may be allowed and to identify when and where smoking is prohibited. These guidelines are intended to provide assistance and information, but those seeking to allow indoor smoking are responsible for obtaining and maintaining compliance and are therefore advised to seek their own professional advice. Fargo smoking law will be interpreted in favor of the general prohibition against smoking in enclosed public places and places of employment.[/FONT]

[LIST=1][*][FONT=Georgia]Retail Tobacco Store -- smoking is permitted in a retail tobacco store, provided that smoke from the store does not infiltrate into areas where smoking is prohibited under city ordinance.[/FONT][/LIST]
[LIST][FONT=Georgia]A “Retail tobacco store” is defined as a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.[/FONT]
[/LIST] [LIST][FONT=Georgia]In order to qualify as a retail tobacco store in which smoking is allowed:[/FONT]
[/LIST] [LIST][LIST][FONT=Georgia]A. The location must have a recognizably separate identity from any other associated or affiliated business activity. Otherwise, the affiliated business may be deemed to be the primary business, in which case smoking may not be allowed in the tobacco store. Smoking will not be lawful in a “tobacco department” or “tobacco section” of a larger business establishment. [/FONT]
[/LIST][/LIST] [LIST][LIST][FONT=Georgia]B. Sale of products other than tobacco or tobacco-related products must only be “merely incidental” to the sale of the tobacco products. Fargo Cass Public Health deems “merely incidental” to be a minimal level of non tobacco-related sales. [/FONT]
[/LIST][/LIST] [LIST][LIST][FONT=Georgia]C. As the city ordinance clearly states, smoking is allowed in a qualifying retail tobacco store, but only if smoke from the store does not infiltrate into areas where smoking is prohibited by law. Worldwide health studies have established that it is nearly, if not completely, impossible to prevent tobacco smoke from infiltrating from one room to other rooms within a single building. Therefore, the only way to guarantee non-infiltration by smoke is for the retail tobacco store to be a free-standing building or facility.[/FONT]

[/LIST][/LIST] [LIST=1][*][FONT=Georgia]Smoking shelters – because smoking is prohibited in all enclosed public places and enclosed places of employment (subject to specific exemptions), businesses and employers may be seeking to establish so-called “smoking shelters” that provide some shelter from the rain, cold and other weather elements, but are not enclosed as defined by law. “Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling. Windows, doors and other solid materials are part of the surface area forming the enclosure. Combination glass/screen windows or doors that may be “open” or “closed” will not be counted toward the open space in a shelter, as they may, or may not, be open at any particular time.[/FONT][/LIST]
[LIST][FONT=Georgia]Each wall of a smoking shelter should provide an opening of at least twenty-five percent (25%) of the surface area of such wall. The percentage of the opening is calculated based on the surface area below the ceiling. [/FONT]
[/LIST] [FONT=Georgia]Applications for smoking shelter permits may be obtained from the City Building Inspections Office, 701-241-1561. Approval will be routed to offices of Engineering, Fire, Planning and Health before final approval by the office of Building Inspections.[/FONT]

[FONT=Georgia]Smoke-free tool kits for businesses along with copies of the Fargo ordinance are available at Questions may be directed to Bette Deede at Fargo Cass Public Health, 701-476-4148. [/FONT]
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