The City of Toronto bylaw that was passed in December 2015 to ban hookah pipes in city-licensed establishments has recently survived a challenge at Ontario's top court.
The bylaw's survival will now make owners subject to tickets, summonses, or hearings before a license tribunal. Previously, resulting in the bylaw to be appealed, lounge owners stated the city overstepped and unfairly put them out of business.
The hookah pipes and lounges are a health hazard that's putting people at risk of second hand smoke, considering many hookah lounges serve food and drink, not all customers that enter the establishment are taking part in smoking hookah pipes. Allowing the lounges to continue serving food and drink further supports the council's intention to ban the pipes based on health and safety concerns, and doesn't display any conflict with the Occupational Health and Safety Act.
The lawyer representing the lounge owners, Ryan Zigler, will be consulting with his clients to determine whether or not they intend to challenge Toronto's ban at the Supreme Court of Canada.
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