City mulls temporary ban on hookah bars

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City councilors are exploring a moratorium on hookah bars or lounges, a move they say will give them time to explore updating their own tobacco ordinance.

Councilors also want to give the Legislature a wide berth, as there is a chance state law could change during the upcoming legislative session.

Councilor Steve Underdahl said it could allow the city to explore all the options available. City ordinance does not ban “tobacco sampling,” but the city will likely investigate how to best regulate the use of hookah tobacco, if at all.

“We pass that, then we can put this on a work session to discuss at length where we want to go,” Underdahl said.

State law is a bit murky — the 2007 Freedom to Breathe Act eliminated smoking in restaurants, bars and private clubs.

But exceptions for tobacco sampling in tobacco shops exist, though the Minnesota Department of Health says that was not the intent of the law.

So it’s up to the city to change its ordinance if it wants to officially ban hookah bars or lounges from the city.

Hookah bars or lounges allow people who are at least 18 years old to smoke flavored tobacco from a water pipe.

The city received two inquiries about opening a hookah bar or lounge in the last year, according to city documents.

Faribault residents’ thoughts ranged from support for the temporary ban to frustration with government intervention to general indifference. But many thought it was good to explore, especially given how highly regulated tobacco has become.

“Stuff like that changes all the time, the risk and the demand and everything,” said Faribault resident Carlos Hernandez. He said he knows people who use it, and taking time to make a specific policy might be worth it.

In a memo to the city, Attorney Scott Riggs said the city’s existing ordinance does not prevent sampling of tobacco, and a business operating as a tobacco shop could also open as a hookah bar or lounge.

“I think we just need to leave people alone,” said Ryan Kirkpatrick, a Faribault resident who doesn’t smoke hookah but said more rules just makes things more difficult.

“If someone wants to open a hookah bar, let them,” he said.

The city is planning on overhauling many of the city’s ordinances this year, so the timing of the possible moratorium is appealing to councilors.

— Joseph Lindberg covers the city and county for the Daily News. He may be reached at 333-3135. Or at Twitter.com @JosephLindberg