Item - 2015.LS7.2
Tracking Status
- City Council adopted this item on November 3, 2015 with amendments.
- This item was considered by Licensing and Standards Committee on October 22, 2015. It is being forwarded to City Council without recommendations. It will be considered by City Council on November 3, 2015.
- See also HL4.1 - Hookah (Waterpipe) Use in Licensed Establishments
- See also By-law 1331-2015
LS7.2 - Prohibiting 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.
Public Notice Given
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84419.pdf
(October 22, 2015) Presentation from the Medical Officer of Health on Hookah (Waterpipe) Use in Licensed Establishments
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84830.pdf
Communications (Committee)
(June 24, 2015) Presentation from Ashraf Hasouna (LS.Main.LS7.2.2)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-56557.pdf
(June 24, 2015) Letter from Noel D. Gerry, Barrister and Solicitor (LS.Main.LS7.2.3)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-56558.pdf
(June 24, 2015) E-mail from Beverley Leaver (LS.Main.LS7.2.4)
(June 24, 2015) E-mail from Ken Fraser (LS.Main.LS7.2.5)
(June 24, 2015) E-mail from Maleda Mulu (LS.Main.LS7.2.6)
(June 24, 2015) E-mail from Michelle King (LS.Main.LS7.2.7)
(June 24, 2015) E-mail from Natalia Udarchik, Certified Respiratory Educator & Smoking Cessation Counselor (LS.Main.LS7.2.8)
(June 24, 2015) E-mail from Dr. Itamar E. Tamari (LS.Main.LS7.2.9)
(June 25, 2015) E-mail from Buvani Sivagnanasunderam, Youth Health Action Network (LS.Main.LS7.2.10)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-56567.pdf
(June 25, 2015) Submission from Michael Perley, Director, Ontario Campaign for Action on Tobacco (LS.Main.LS7.2.11)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-56559.pdf
(June 25, 2015) Submission from Rubina Kharel, Public Issues Volunteer, Canadian Cancer Society (LS.Main.LS7.2.12)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-56564.pdf
(October 19, 2015) Letter from Noel D. Gerry, Barrister & Solicitor (LS.New.LS7.2.13)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-56816.pdf
(July 2, 2015) Letter from Chris Yaccato, Provincial Manager, Government Relations & Public Affairs, Ontario Lung Association & volunteer submissions (LS.New.LS7.2.14)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-56829.pdf
(October 22, 2015) Submission from Michael Perley, Ontario Campaign for Action on Tobacco (LS.New.LS7.2.15)
(October 22, 2015) Submission from Roberta Ferrence, Ontario Tobacco Research Unit, University of Toronto (LS.New.LS7.2.16)
(October 22, 2015) Submission from Lorraine Fry, Non-smokers Rights Association, submitting an article by the Smoking and Health Action Foundation (LS.New.LS7.2.17)
(October 22, 2015) Submission from Michael Perley, submitting an article by the Smoking and Health Action Foundation (LS.New.LS7.2.18)
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-57064.pdf
Motions (City Council)
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 Bailão, 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 |
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 Bailão, 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 |
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).
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 Bailão, 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 |
2a - Hookah (Waterpipe) Use in Licensed Establishments - Item HL4.1
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84236.pdf
(May 14, 2015) Report from the Medical Officer of Health on Hookah (Waterpipe) Use in Licensed Establishments
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84233.pdf
Appendix A - Summary of Stakeholder Consultations on Hookah Use
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84234.pdf
Presentation from the Medical Officer of Health on Hookah (Waterpipe) Use in Licensed Establishments
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84235.pdf
Appendix B - Communications HL4.1.1 to HL4.1.5
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84237.pdf
LS7.2 - Prohibiting Hookah (Waterpipe) Use in Licensed Establishments
- Decision Type:
- ACTION
- Status:
- Without Recs
- Wards:
- All
Public Notice Given
Committee Recommendations
The Licensing and Standards Committee forwards the item to City Council without recommendation as all motions on this item lost.
Decision Advice and Other Information
The Medical Officer of Health gave a presentation to the Licensing and Standards Committee.
Origin
Summary
This report proposes that the use of hookahs (waterpipes) be prohibited in commercial establishments licensed under Chapter 545, Licensing. This report builds on Toronto Public Health's (TPH) research and consultation on the health risks of hookah use and effects of prohibition as reported to the June 1st meeting of the Board of Health (BOH).
Smoking hookah jeopardizes the health and safety of workers, consumers and the general public. Non-tobacco and tobacco hookah use contribute to the social acceptability of smoking. They also pollute the air of the establishments permitting hookah use, potentially harming the employees, patrons, and nearby residents.
Legal Services and Toronto Public Health were consulted in the preparation of this report.
Background Information
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84419.pdf
(October 22, 2015) Presentation from the Medical Officer of Health on Hookah (Waterpipe) Use in Licensed Establishments
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84830.pdf
Communications
(June 24, 2015) Presentation from Ashraf Hasouna (LS.Main.LS7.2.2)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-56557.pdf
(June 24, 2015) Letter from Noel D. Gerry, Barrister and Solicitor (LS.Main.LS7.2.3)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-56558.pdf
(June 24, 2015) E-mail from Beverley Leaver (LS.Main.LS7.2.4)
(June 24, 2015) E-mail from Ken Fraser (LS.Main.LS7.2.5)
(June 24, 2015) E-mail from Maleda Mulu (LS.Main.LS7.2.6)
(June 24, 2015) E-mail from Michelle King (LS.Main.LS7.2.7)
(June 24, 2015) E-mail from Natalia Udarchik, Certified Respiratory Educator & Smoking Cessation Counselor (LS.Main.LS7.2.8)
(June 24, 2015) E-mail from Dr. Itamar E. Tamari (LS.Main.LS7.2.9)
(June 25, 2015) E-mail from Buvani Sivagnanasunderam, Youth Health Action Network (LS.Main.LS7.2.10)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-56567.pdf
(June 25, 2015) Submission from Michael Perley, Director, Ontario Campaign for Action on Tobacco (LS.Main.LS7.2.11)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-56559.pdf
(June 25, 2015) Submission from Rubina Kharel, Public Issues Volunteer, Canadian Cancer Society (LS.Main.LS7.2.12)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-56564.pdf
(October 19, 2015) Letter from Noel D. Gerry, Barrister & Solicitor (LS.New.LS7.2.13)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-56816.pdf
(July 2, 2015) Letter from Chris Yaccato, Provincial Manager, Government Relations & Public Affairs, Ontario Lung Association & volunteer submissions (LS.New.LS7.2.14)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-56829.pdf
(October 22, 2015) Submission from Michael Perley, Ontario Campaign for Action on Tobacco (LS.New.LS7.2.15)
(October 22, 2015) Submission from Roberta Ferrence, Ontario Tobacco Research Unit, University of Toronto (LS.New.LS7.2.16)
(October 22, 2015) Submission from Lorraine Fry, Non-smokers Rights Association, submitting an article by the Smoking and Health Action Foundation (LS.New.LS7.2.17)
(October 22, 2015) Submission from Michael Perley, submitting an article by the Smoking and Health Action Foundation (LS.New.LS7.2.18)
Speakers
Lucy Jing, YATI volunteer, The Lung Association Ontario (Submission Filed)
Sarah Butson, Provincial Manager, YATI, The Lung Association Ontario
Lorraine Fry, Non-Smokers' Rights Association (Submission Filed)
Michael Perley, Director, Ontario Campaign for Action on Tobacco (Submission Filed)
Ashraf Hasouna, Owner, Alexandria Cafe
Dr. Helen Ramsdale
Buvani Sivagnanasunderam, Youth Health Action Network
Rizig Sayes, 3 King Cafe
Roberta Ferrence, Senior Scientific Advisor, Ontario Tobacco Research Unit, University of Toronto (Submission Filed)
Motions
That City Council direct that the Executive Director, Municipal Licensing and Standards, in consultation with the City Solicitor, report to the next Licensing and Standards Committee meeting on a by-law which would permit the following:
1. the establishment of a new "hookah lounge" category in Chapter 545, Licensing of the Toronto Municipal Code and consider including the following regulations:
a. only non-tobacco products are permitted;
b. food or liquor not being permitted on the premises;
c. only coffee, tea and juices are permitted on the premises;
d. minors (persons under the age of 19) are not permitted on the premises, with signage in a prominent location.
2. an appropriate business licence fee for such an establishment.
3. the establishment would be required to provide signage that states the harmful health effects of hookahs (waterpipes).
That Recommendation 1 d. in the report (June 11, 2015) from the Executive Director, Municipal Licensing and Standards be amended to read as follows:
"d. direct that the proposed changes come into force on April 1, 2016."
That City Council direct that the Executive Director, Municipal Licensing and Standards, in consultation with the City Solicitor, report to the next Licensing and Standards Committee meeting on a by-law which would permit the following:
1. the establishment of a new "hookah lounge" category in Chapter 545, Licensing of the Toronto Municipal Code and consider including the following regulations:
a. only non-tobacco products are permitted;
b. food or liquor not being permitted on the premises;
c. only coffee, tea and juices are permitted on the premises;
d. minors (persons under the age of 19) are not permitted on the premises, with signage in a prominent location.
2. an appropriate business licence fee for such an establishment.
3. the establishment would be required to provide signage that states the harmful health effects of hookahs (waterpipes).
That Recommendation 1 d. in the report (June 11, 2015) from the Executive Director, Municipal Licensing and Standards be amended to read as follows:
"d. direct that the proposed changes come into force on April 1, 2016."
Rulings
Challenged by Councillor Jim Karygiannis
2a - Hookah (Waterpipe) Use in Licensed Establishments - Item HL4.1
Origin
Summary
The Board of Health at its meeting on May 15, 2015, forwarded its decision on the report (May 14, 2015) from the Medical Officer of Health for information to the Licensing and Standards Committee and requests 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.
Background Information
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84236.pdf
(May 14, 2015) Report from the Medical Officer of Health on Hookah (Waterpipe) Use in Licensed Establishments
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84233.pdf
Appendix A - Summary of Stakeholder Consultations on Hookah Use
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84234.pdf
Presentation from the Medical Officer of Health on Hookah (Waterpipe) Use in Licensed Establishments
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84235.pdf
Appendix B - Communications HL4.1.1 to HL4.1.5
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84237.pdf
2b - Regulating Hookah (Waterpipe) Establishments
Origin
Summary
At its meeting of June 25, 2015, Licensing and Standards Committee deferred consideration of "Prohibiting Hookah (Waterpipe) Use in Licensed Establishments" (LS5.1) to its October 2015 meeting. That report recommended that the use of hookahs be prohibited in commercial establishments licensed under Chapter 545, Licensing. The Committee directed that staff report back on legislation and regulation currently in force on hookah establishments operating within Toronto, on the permitted age of patrons at these establishments, tobacco product labelling, and absent of regulation, on a regulatory regime for City Council's consideration.
The City of Toronto does not have any specific requirements in place for establishments that serve hookah or permit the smoking of non-tobacco shisha on their premises. Typically, these establishments are licensed as either eating establishments or retail stores under Chapter 545, Licensing.
This report responds to Licensing and Standards Committee's request to draft possible regulation to licensing hookah establishments for City Council's consideration. Attachment 1 contains draft components that could be considered in creating a Hookah Establishment Licence. Should Council decide to explore licensing hookah establishments, staff will undertake further research and stakeholder consultations to inform the design of a licensing regime, and report back to Licensing and Standards Committee.
Staff recommend that prohibiting hookah use at licensed establishments in Toronto is the most effective way to address concerns with the practice, particularly public health concerns.
Legal Services and Toronto Public Health were consulted in the preparation of this report.
Background Information
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84585.pdf