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Hookah Lounge = Retail Tobacco Store?

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  #1  
Old February 5th, 2009, 04:19 PM
KarmaHookah
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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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  #2  
Old February 5th, 2009, 04:24 PM
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Default Re: Hookah Lounge = Retail Tobacco Store?

If you sell shisha there....you are a tobacco retail store?

Most lounges also sell the shisha for take-away as well.

Also, you are not renting out a hookah, you are letting them use the hookah with purchase of 15 grams of tobacco, or whatever.
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  #3  
Old February 5th, 2009, 04:46 PM
KarmaHookah
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Default Re: Hookah Lounge = Retail Tobacco Store?

True, they are purchasing the tobacco, which includes the hookah. I think I just need to call a lawyer.
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  #4  
Old February 5th, 2009, 04:51 PM
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Default Re: Hookah Lounge = Retail Tobacco Store?

if you also run your online business from the lounge wouldnt that count as your sales too?
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  #5  
Old February 5th, 2009, 04:52 PM
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Default Re: Hookah Lounge = Retail Tobacco Store?

my boss mentioned something about this law the other night I wasn't paying attention tho xD we were all at his house smoking some bomb ass nakla but it does count as selling tobacco when your letting them smoke there because a bowl contains tobacco
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Old February 5th, 2009, 05:14 PM
KarmaHookah
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Default Re: Hookah Lounge = Retail Tobacco Store?

How do you continue to operate then I wonder?
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  #7  
Old February 5th, 2009, 06:44 PM
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Default Re: Hookah Lounge = Retail Tobacco Store?

Well... in the state of ohio, another state that has a shitty smoking ban.... I have to have 80%+ of my income tobacco sales... and I have to have a freestanding building... such as I cannot be in a stripmall.... and Yes the sale of a hookah is a tobacco product... it is a "pipe" that is used for the smoking of tobacco.
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Old February 5th, 2009, 06:46 PM
KarmaHookah
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Default Re: Hookah Lounge = Retail Tobacco Store?

So if I rent out a hookah for $10, that counts as a tobacco product then right?

I think I can easily manage 51% of sales, its the main thing I am selling.
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  #9  
Old February 5th, 2009, 06:48 PM
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Default Re: Hookah Lounge = Retail Tobacco Store?

Quote:
Originally Posted by KarmaHookah View Post
So if I rent out a hookah for $10, that counts as a tobacco product then right?

I think I can easily manage 51% of sales, its the main thing I am selling.
according to wonderthing the only thing u might sell that woudlnt bea tobacco product would be food/drink...

any tobacco accessory counts? shisha/coals/hookahs/hoses...etc....
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  #10  
Old February 5th, 2009, 07:01 PM
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Default Re: Hookah Lounge = Retail Tobacco Store?

because I sell coals I sell say for "nargile" use "hookah" use it is consider a tobacco product...
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  #11  
Old February 10th, 2009, 05:09 PM
KarmaHookah
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Default Re: Hookah Lounge = Retail Tobacco Store?

I looked up the definition of what qualifies as a retail tobacco sale, and it listed pipe tobacco, wouldn't that be shisha?

If I rent out a hookah, that counts as a tobacco sale, I am selling 10-15g of tobacco.
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  #12  
Old February 10th, 2009, 07:24 PM
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Default Re: Hookah Lounge = Retail Tobacco Store?

Quote:
Originally Posted by KarmaHookah View Post
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.
I have noticed that it is like this in california too! all the local hookah bars i have been too also have a hookah shop in the building so they can stay open!
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