Item - 2012.LS16.2

The Licensing and Standards Committee referred the item back to the Executive Director, Municipal Licensing and Standards, for a further report to the Licensing and Standards Committee in the first quarter of 2013.

The purpose of this report is to review the legality and neighbourhood impact of businesses currently operating as “water pipe establishments” in the City of Toronto. This report considers reviewing current City approval processes and regulations, in consideration of licensing such businesses, and amendments, if any, to the current smoking bylaw, to aid in the control of this activity.

In undertaking the review of “vapour lounges” and to address the use of “water pipes and other apparatus” as well as “vapourizers and vapourizing accessories” referred to in Council's motion, staff determined that there were  different types of locations or operations that would fall under such a review. Given the differences in the nature of these businesses and the varying legal, public health and safety concerns related to them, two separate reports are being submitted to fully address Council's motion.

This report addresses exclusively the legality and neighbourhood impact of the operations at water pipe establishments, known for the consumption of a substance known as “shisha”, available in tobacco and non-tobacco forms. The second report will address the issue of medical marihuana, its use relative to “vapour lounges”, and a discussion regarding potential upcoming amendments to the Federal regulation governing its use.

Staff recommends that City Council direct that  work continue in the development of a regulatory regime, including a proposed addition to the City of Toronto Municipal Code, Chapter 545, Licensing, to include a specific article governing these water pipe establishments and their operations within the City.  These regulations would focus on addressing specific health concerns at these establishments, including air quality, transmission of communicable disease and the entry of minors, in addition to identifying opportunities to aid in the mitigation of some of the challenges faced in regulating the substances consumed (hookah/shisha) under the current tobacco control legislation. Further consultation and development of a proposed regulatory regime, as well as issues related to zoning, are required.

The City Solicitor, the Medical Officer of Health and the Deputy City Manager and Chief Financial Officer were consulted in the preparation of this report.