§ 12-107. Exceptions – Retail tobacco establishments; Hookah lounges.

(a) In general.

This subtitle does not apply to a retail tobacco establishment or a hookah lounge that qualifies under this section.

(b) Retail tobacco establishments.

A retail tobacco establishment qualifies under this section only if it:

(1) derives at least 75% of its revenues, measured by average daily receipts, from the sale of non-cigarette tobacco products;

(2) has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and

(3) prohibits the entry of minors at all times.

(1) "Hookah lounge" defined.

In this subsection, "hookah lounge" means an establishment that is primarily devoted to the on-premises use of 1 or more hookahs (also known as a hookah pipe, water pipe, shisha, or narghile) for smoking tobacco or other substances.

(2) Qualifications.

A hookah lounge qualifies under this section only if it:

(i) meets the criteria listed in State law;

(ii) derives at least 75% of its revenues, measured by average daily receipts, from the sale or use of non-cigarette smoking products and accessories;

(iii) has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and

(iv) prohibits the presence of minors at all times.