Item - 2015.HL4.1

Tracking Status

HL4.1 - Hookah (Waterpipe) Use in Licensed Establishments

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on November 3 and 4, 2015, adopted the following on Board of Health Item HL4.1:

 

1.  Effective April 1, 2016, City Council prohibit the use of hookah in establishments that are licensed or required to be licensed under Municipal Code Chapter 545, Licensing.

 

2.  City Council request the Government of Ontario to enact provincial legislation that will prohibit the use of hookahs/waterpipes in all restaurants, bars, entertainment establishments, and patios, regardless of whether the substance being smoked is tobacco based or non-tobacco based shisha.

 

City Council on November 3 and 4, 2015, also adopted the following on Licensing and Standards Committee Item LS7.2:

 

1. City Council approve amendments to Toronto Municipal Code, Chapter 545, Licensing, to:

 

a. Include the following definition of "hookah" in section 545-1, Definitions:

 

Hookah means a device, whether called a hookah or any other name, designed to heat or burn a substance to produce smoke intended to be inhaled by a user or users.

 

b. Include the following definition of "hookah use" in section 545-1, Definitions:

 

Use, with respect to hookah, includes any of the following:

 

i. Inhaling smoke from a hookah

 

ii. Exhaling smoke from a hookah

 

iii. Holding an activated hookah;

 

c. Add an offence provision that reads: No person licensed or required to be licensed under this chapter shall permit any person or persons to use a hookah in or upon any premises, vehicle or thing to which the licence relates; and

 

d. Direct that the proposed changes come into force on April 1, 2016.

 

2. City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards to make such technical and stylistic amendments as required to give effect to Council's decision.

City Council Decision Advice and Other Information

City Council considered Items HL4.1 and LS7.2 together.

Background Information (Board)

(May 14, 2015) Report from the Medical Officer of Health on Hookah (Waterpipe) Use in Licensed Establishments
https://www.toronto.ca/legdocs/mmis/2015/hl/bgrd/backgroundfile-80194.pdf
Appendix A: Summary of Stakeholder Consultations on Hookah Use
https://www.toronto.ca/legdocs/mmis/2015/hl/bgrd/backgroundfile-80195.pdf
Presentation from the Medical Officer of Health on Hookah (Waterpipe) Use in Licensed Establishments
https://www.toronto.ca/legdocs/mmis/2015/hl/bgrd/backgroundfile-80876.pdf

Communications (Board)

(June 1, 2015) Letter from Michael Perley, Director, Ontario Campaign for Action on Tobacco (HL.New.HL4.1.1)
https://www.toronto.ca/legdocs/mmis/2015/hl/comm/communicationfile-52903.pdf
(June 1, 2015) Letter from Buvani Sivagnanasunderam, Youth Health Action Network - On File with City Clerk's (HL.New.HL4.1.2)
(June 1, 2015) Letter from Sarah Butson, The Lung Association (HL.New.HL4.1.3)
https://www.toronto.ca/legdocs/mmis/2015/hl/comm/communicationfile-52905.pdf
(June 1, 2015) Letter from Lorraine Fry, Executive Director, Non-Smoker's Rights Association (HL.New.HL4.1.4)
https://www.toronto.ca/legdocs/mmis/2015/hl/comm/communicationfile-52926.pdf
(June 1, 2015) Letter from Roberta Ferrence, Senior Scientific Advisor, Ontario Tobacco Research Unit, University of Toronto (HL.New.HL4.1.5)
https://www.toronto.ca/legdocs/mmis/2015/hl/comm/communicationfile-52927.pdf

Motions (City Council)

1a - Motion to Amend Item moved by Councillor Joe Mihevc (Carried)

Item HL4.1

 

That City Council amend Board of Health Recommendation 1 by deleting the date "October 1, 2015" and inserting the date "April 1, 2016" so that it now reads as follows:

 

1. Effective April 1, 2016 City Council prohibit the use of hookah in establishments that are licensed or required to be licensed under Municipal Code Chapter 545, Licensing;

Vote (Amend Item) Nov-04-2015 11:42 AM

Result: Carried Majority Required - HL4.1 and LS7.2 - Mihevc - motion 1a
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Stephen Holyday, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Jim Karygiannis, Giorgio Mammoliti
Total members that were Absent: 9 Members that were absent are Shelley Carroll, Raymond Cho, Frank Di Giorgio, Rob Ford, Mark Grimes, Norman Kelly, Pam McConnell, Ron Moeser, Michael Thompson

1b - Motion to Amend Item moved by Councillor Joe Mihevc (Carried)

Item LS7.2

 

That:

 

1. City Council approve amendments to Toronto Municipal Code, Chapter 545, Licensing, to:

 

a. Include the following definition of "hookah" in section 545-1, Definitions:

 

Hookah means a device, whether called a hookah or any other name, designed to heat or burn a substance to produce smoke intended to be inhaled by a user or users.

 

b. Include the following definition of "hookah use" in section 545-1, Definitions:

 

Use, with respect to hookah, includes any of the following:

 

i. Inhaling smoke from a hookah

 

ii. Exhaling smoke from a hookah

 

iii. Holding an activated hookah;

 

and

 

c.  Add an offence provision that reads: No person licensed or required to be licensed under this chapter shall permit any person or persons to use a hookah in or upon any premises, vehicle or thing to which the licence relates; and

 

d. Direct that the proposed changes come into force on April 1, 2016.

  

2. City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards to make such technical and stylistic amendments as required to give effect to Council's decision.

Vote (Amend Item) Nov-04-2015 11:43 AM

Result: Carried Majority Required - HL4.1 and LS7.2 - Mihevc - motion 1b
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Stephen Holyday, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Jim Karygiannis, Giorgio Mammoliti
Total members that were Absent: 9 Members that were absent are Shelley Carroll, Raymond Cho, Frank Di Giorgio, Rob Ford, Mark Grimes, Norman Kelly, Pam McConnell, Ron Moeser, Michael Thompson

2 - Motion to Amend Item moved by Councillor Jim Karygiannis (Redundant)

Item LS7.2

 

That City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the City Solicitor, to report to the January 22, 2016 meeting of the Licensing and Standards Committee on a by-law which would permit the following:

 

a. the establishment of a new "hookah lounge" category in Chapter 545, Licensing of the Toronto Municipal Code and consider including the following regulations:

 

i. only non-tobacco products are permitted;

ii. food or liquor not being permitted on the premises;

iii. only coffee, tea and juices are permitted on the premises; and

iv. minors (persons under the age of 19) are not permitted on the premises, with signage in a prominent location.

 

b. an appropriate business licence fee for such an establishment.

 

c. the establishment would be required to provide signage that states the harmful health effects of hookahs (waterpipes).

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 2 by Councillor Karygiannis redundant due to Council's adoption of motions 1a and 1b by Councillor Mihevc.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Nov-04-2015 11:44 AM

Result: Carried Majority Required - HL4.1 and LS7.2 - Adopt items as amended
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, John Tory, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Jim Karygiannis, Giorgio Mammoliti, Denzil Minnan-Wong
Total members that were Absent: 8 Members that were absent are Shelley Carroll, Raymond Cho, Frank Di Giorgio, Rob Ford, Mark Grimes, Pam McConnell, Ron Moeser, Michael Thompson

HL4.1 - Hookah (Waterpipe) Use in Licensed Establishments

Decision Type:
ACTION
Status:
Amended
Wards:
All

Board Recommendations

The Board of Health recommends that:

 

1.  Effective October 1, 2015, City Council prohibit the use of hookah in establishments that are licensed or required to be licensed under Municipal Code Chapter 545, Licensing; and

 

2.  City Council request the Government of Ontario to enact provincial legislation that will prohibit the use of hookahs/waterpipes in all restaurants, bars, entertainment establishments, and patios, regardless of whether the substance being smoked is tobacco based or non-tobacco based shisha.

Decision Advice and Other Information

The Board of Health forwarded the report (May 14, 2015) from the Medical Officer of Health for information to the Licensing and Standards Committee and requested the Licensing and Standards Committee to consider the Board of Health's recommendations when it considers prohibiting the use of a hookah in licensed premises.

 

The Medical Officer of Health gave a presentation to the Board of Health.

Origin

(May 14, 2015) Report from the Medical Officer of Health

Summary

This report responds to a Board of Health (BOH) request from March 2014 to consult on measures, including prohibition, to address the health risks of hookah use in Toronto commercial establishments.

 

Toronto Public Health (TPH) has consulted with businesses that permit hookah use on their premises, patrons of these establishments, neighbouring businesses that do not offer hookah, local Business Improvement Areas, cultural and health organizations, community health centres and universities and colleges. TPH has also reviewed the evidence of health risks from hookah use and second-hand hookah smoke exposure, reviewed actions in other jurisdictions, scanned international legislation regulating hookah use and examined the economic impacts of hookah legislation on businesses.

 

These activities confirmed the need for regulation of hookah businesses based on significant health concerns associated with using a hookah to smoke any substance. A number of jurisdictions in Canada and internationally have prohibited hookah use to address these concerns. Input from community stakeholders indicated mixed views to prohibition dependant on stakeholder type, with business owners particularly concerned about the economic impact of prohibition. The TPH consultation also revealed low levels of public awareness about the health risks of hookah use.

 

This report proposes that the BOH request City Council to prohibit hookah (waterpipe) use in establishments licensed by the City of Toronto. Prohibiting the use of hookah in licensed premises was identified as the most health protective option to address risks from hookah use. This report also recommends that TPH conduct a comprehensive public education campaign to accompany the implementation of any regulatory change.

 

A report by the Executive Director, Municipal Licensing and Standards recommending amendments to Municipal Code Chapter 545, Licensing will be considered by the Licensing and Standards Committee on June 25, 2015.

 

This report has been prepared in consultation with the City Solicitor and Executive Director of Municipal Licensing and Standards Division.

Background Information

(May 14, 2015) Report from the Medical Officer of Health on Hookah (Waterpipe) Use in Licensed Establishments
https://www.toronto.ca/legdocs/mmis/2015/hl/bgrd/backgroundfile-80194.pdf
Appendix A: Summary of Stakeholder Consultations on Hookah Use
https://www.toronto.ca/legdocs/mmis/2015/hl/bgrd/backgroundfile-80195.pdf
Presentation from the Medical Officer of Health on Hookah (Waterpipe) Use in Licensed Establishments
https://www.toronto.ca/legdocs/mmis/2015/hl/bgrd/backgroundfile-80876.pdf

Communications

(June 1, 2015) Letter from Michael Perley, Director, Ontario Campaign for Action on Tobacco (HL.New.HL4.1.1)
https://www.toronto.ca/legdocs/mmis/2015/hl/comm/communicationfile-52903.pdf
(June 1, 2015) Letter from Buvani Sivagnanasunderam, Youth Health Action Network - On File with City Clerk's (HL.New.HL4.1.2)
(June 1, 2015) Letter from Sarah Butson, The Lung Association (HL.New.HL4.1.3)
https://www.toronto.ca/legdocs/mmis/2015/hl/comm/communicationfile-52905.pdf
(June 1, 2015) Letter from Lorraine Fry, Executive Director, Non-Smoker's Rights Association (HL.New.HL4.1.4)
https://www.toronto.ca/legdocs/mmis/2015/hl/comm/communicationfile-52926.pdf
(June 1, 2015) Letter from Roberta Ferrence, Senior Scientific Advisor, Ontario Tobacco Research Unit, University of Toronto (HL.New.HL4.1.5)
https://www.toronto.ca/legdocs/mmis/2015/hl/comm/communicationfile-52927.pdf

Speakers

Michael Perley, Director, Ontario Campaign for Action on Tobacco
Buvani Sivagnanasunderam, Youth Health Action Network
Sonia Parmar, Youth Health Action Network
Akeela Tulloch, Youth Health Action Network
Lorraine Fry, Executive Director, Non-Smoker's Rights Association
Wendy Tu
Sarah Butson and Chris Yaccato, Ontario Lung Association
Roberta Ferrence, Senior Scientific Advisor, Ontario Tobacco Research Unit, University of Toronto

Motions

Motion to Amend Item (Additional) moved by Councillor Sarah Doucette (Carried)

That the Board of Health recommend that:

 

City Council request the Government of Ontario to enact provincial legislation that will prohibit the use of hookahs/waterpipes in all restaurants, bars, entertainment establishments, and patios, regardless of whether the substance being smoked is tobacco based or non-tobacco based shisha.


Motion to Adopt Item as Amended moved by Councillor Sarah Doucette (Carried)
Source: Toronto City Clerk at www.toronto.ca/council