Under the Smoke-Free Air Act of 2002, serving or smoking shisha containing tobacco is prohibited in NYC restaurants and bars. A recent amendment to this law also bans establishments from serving or smoking non-tobacco shisha unless they have obtained a permit to operate as a non-tobacco hookah establishment. Following the passing of this law and its amendment, the City has since stopped accepting applications for non-tobacco hookah establishment permits and has only renewed existing permits for those that generate fifty percent or more of its total annual gross sales during the preceding calendar year from the on‐site sale of non‐tobacco smoking products. While the serving and smoking of tobacco Hookahs are justly banned, the smoking of non-tobacco Hookah is an innate right. The limitations on Hookah are culturally racist and covertly oppressive, and reform is necessary now.

Hookah has contributed significantly to the bottom line of many black, brown and hispanic hospitality and nightlife establishments during the pandemic. Many of these minority businesses have never received a dollar in State or Federal aid. Some received just enough to keep their doors open but have amassed so much debt over the past two years. We are asking the Mayor to re-open the application process for new non-tobacco hookah establishment permits and to eliminate the fifty percent rule. Doing this would expand the eligibility criteria to almost all minority hospitality and nightlife establishments.

Currently, black, brown and hispanic hospitality and nightlife establishments are being heavily fined by the NYPD, DOH, FDNY and SLA for selling Hookah to its patrons. These fines could mean closure for all the establishments that go out of their way to make us feel at home. Signing this petition will show how significant hookah is to the black, brown and hispanic hospitality industry and why reform is necessary to bring our favorite places into compliance. 

Please sign and share to support your local bars, restaurants, and nightclubs in the fight to legalize non-tobacco hookah for NYC hospitality establishments. 

Sincerely

Annarrisa Nathoo, Executive Director
Caribbean American Restaurant Association