Los Angeles Municipal Code § 46.90 Definitions

(Amended by Ord. No. 187,525, Eff. 7/16/22.)

(a) “Arm’s-Length Transaction” shall mean a Sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction, a Sale between relatives, related entities or partners, or a Sale for which a significant purpose is avoiding the effect of a violation of this article is not an Arm’s-Length Transaction.

(b) “Delivery Sale” shall mean the Sale of any Tobacco Product to any person for personal consumption and not for resale when the Sale is conducted by any means other than an in-person, over-the-counter Sale from a Tobacco Retailer in a licensed location. Delivery Sale includes the Sale of any Tobacco Product when the Sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery Sale includes delivery by a licensee or third party by any means, including curbside pickup.

(c) “Electronic Smoking Device” shall mean any device that may be used to deliver any aerosolized or vaporized substances to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, vape pen, or e-hookah. Electronic Smoking Device includes any component part of or accessory to the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.

(d) “Flavored Tobacco Product” shall mean any Tobacco Product that imparts a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a Tobacco Product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice. A public statement or claim made or disseminated by the Tobacco Retailer or manufacturer of a Tobacco Product, or by any person authorized or permitted by the Tobacco Retailer or manufacturer to make or disseminate public statements concerning such Tobacco Product, that such Tobacco Product imparts a taste or smell other than tobacco shall constitute presumptive evidence that a Tobacco Product is a Flavored Tobacco Product.

(e) “Hookah Lounge” shall mean a business establishment that qualifies as a smokers’ lounge, as defined in California Labor Code Section 6404.5(e) and in which the entire premises is dedicated exclusively to the Smoking of Shisha or Shisha Tobacco. To qualify as a Hookah Lounge, the business establishment must be in compliance with all of the limitations in Section 46.90.2 of this Code and be in possession of a valid Tobacco Retailer’s Permit, pursuant to Section 46.91 of this Code. A business establishment is not eligible to be a Hookah Lounge if it:

(1) Has a license, or engages in activity for which it should have a license, issued by the California Department of Alcohol and Beverage Control (ABC) to sell alcohol; or

(2) Has a permit, or engages in activity for which it should have a Public Health Food Facility Permit, issued by the Los Angeles County Department of Public Health.

(f) “Hookah Pipe” shall mean a water pipe or other pipe used to smoke Shisha or Shisha Tobacco, which typically has a head, a metal body, a water bowl, and a flexible hose with a mouthpiece that a person puts into their mouth to inhale smoke.

(g) “Proprietor” shall mean a person with ownership or managerial interest in a Tobacco Retailing business. An ownership interest shall be deemed to exist when a person has 10 percent or greater interest in the stock, assets or income of a Tobacco Retailing business. A managerial interest shall be deemed to exist when a person can, does, has or shares in the ultimate control over the day-to-day operations of the Tobacco Retailing business.

(h) “Sale”, “Sell”, or “Sells” shall mean any transaction where, for any consideration, ownership of a Tobacco Product is transferred from one person to another, including, but not limited to, any transfer or title or possession for consideration, exchange, or barter, in any manner or by any means.

(i) “Shisha”, “Shisha Tobacco”, “Shisha Tobacco Product”, or “Shisha Tobacco Products” shall include any Tobacco Product or substance only capable of being smoked in a Hookah Pipe whether or not labeled by the manufacturer as hookah tobacco, Shisha, water pipe tobacco, maasel, narghile, or argileh. Shisha Tobacco does not include any Tobacco Product used or capable of use in an Electronic Smoking Device such as, but not limited to, an electronic Hookah Pipe.

(j) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, or other plant, whether natural or synthetic, that is intended for inhalation. Smoking includes using an Electronic Smoking Device.

(k) “Tobacco Product” or “Tobacco Products” shall mean:

(1) Any product or products containing, made of, or derived from tobacco or nicotine whether natural or synthetic that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any means, including, but not limited to, a cigarette, a cigar, or a pipe and also includes chewing tobacco, snuff, or snus;

(2) Any substance intended for Smoking in a Hookah Pipe and marketed or labeled as a synthetic or non-tobacco Shisha Product whether or not the product contains nicotine;

(3) Any Electronic Smoking Device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or

(4) Any ancillary item, component, part, or accessory of Subsections (k)(1), (k)(2), or (k)(3) hereof, whether or not the ancillary item, component, part, or accessory contains tobacco or nicotine, including, but not limited to, a filter, rolling paper, blunt or hemp wrap, tobacco pipe, or mouthpiece.

Tobacco Product does not mean a drug, device, or combination product for cessation that is authorized for Sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. Tobacco Product also does not mean a cannabis product as defined by Health and Safety Code Section 11018.1 or cannabis as defined by Business and Professions Code Section 26001, as these laws may be amended from time to time.

(l) “Tobacco Retailer” shall mean any person or Proprietor who Sells, offers for Sale, or exchanges or offers to exchange a Tobacco Product to consumers for any form of consideration. “Tobacco Retailing”

shall mean engaging in any of the above activities. The definitions here are without regard to the quantity of Tobacco Product sold, offered for Sale, exchanged, or offered for exchange and without regard to whether the Sale is wholesale or retail.

(Added by Ord. No. 187,525, Eff. 7/16/22.)

(a) Pursuant to Section 46.91, Tobacco Products may only be sold at a location that has been issued a City Tobacco Retailer’s Permit. It shall be unlawful to Sell or offer for Sale, or possess with the intent to Sell, any Flavored Tobacco Product at a permitted Tobacco Retailing location.

(b) Exceptions: The Sale of Shisha, Shisha Tobacco and Shisha Tobacco Products, which qualify as Flavored Tobacco Products, is permissible at any Hookah Lounge with a valid Tobacco Retailer’s Permit that was issued pursuant to Section 46.91 of this Code on or before the effective date of this section. Such Sale is also permissible in a Bar, as defined in Section 41.50 A.1. of this Code, provided that: (1) the Bar has a valid Tobacco Retailer’s Permit that was issued pursuant to Section 46.91 of this Code on or before the effective date of this section; (2) the Bar has an adjacent unenclosed outdoor space dedicated to the Smoking of Shisha or Shisha Tobacco; and (3) no Smoking is allowed inside of the Bar. An unenclosed outdoor space is one in which there is a complete absence of the entire ceiling or at least one wall. An opening in the ceiling or a wall of the outdoor space is not considered a complete absence.

(c) This section shall be operative on January 1, 2023.

(Added by Ord. No. 187,525, Eff. 7/16/22.)

It shall be unlawful for any Hookah Lounge to engage in, conduct, or carry on, in or upon any premises within the City, the business of Selling Shisha Tobacco, unless the following conditions are met:

(a) The Hookah Lounge has a valid Tobacco Retailer’s Permit, pursuant to Section 46.91 of this Code;

(b) Entry is prohibited to anyone under the age of 21 years;

(c) A sign is posted at each entrance reading “No one under the age of 21 years is allowed on these premises”;

(d) No person who is obviously intoxicated or under the influence of any intoxicating drug or beverage shall be permitted entry;

(e) The Hookah Lounge must have a stand- alone ventilation system that is not shared with any other business or any other portion of the building in which the Hookah Lounge is located; and

(f) The Hookah Lounge shall be in compliance with all City, state, and federal laws.