Lawrence Board of Health debates hookah rules for private events, tables change until next meeting

The Lawrence City Board of Health discussed proposed changes to the local smoking regulation that would affect hookah (shisha) use at private events and private clubs during a meeting in which residents, church volunteers and board staff all spoke.

Public commenters and event organizers said hookah is a longstanding cultural practice tied to Lebanese festivals and urged the board not to restrict private use. John Elhulu, a parishioner and volunteer at St. Anthony’s Maronite Church, told the board, “The cultural use of hookah or shisha, is deeply rooted in Lebanese society, and has become an integral part of the social gatherings, and communal experiences.” Father Edgar of St. Anthony’s echoed that the church sometimes rents hookah equipment for its annual festival and said donated tobacco is used and not sold.

Board staff and several board members raised health, safety and enforcement concerns. Cesar, an Inspectional Services Department staff member, summarized state law and local practice, saying the state permits smoking in private residences except in specified licensed facilities, but “if they’re just smoking, it’s a different story” when tobacco is sold or the event occurs in an enclosed workplace. Cesar said selling tobacco at a temporary or movable location requires a state license, which temporary festival setups typically do not have.

Cesar described practical checks the department applies: an event held under a tent that has at least two sides open is not treated as an enclosed workplace; if tobacco is sold or the hookah tobacco is provided by the organizer, the department may treat that as an unlicensed tobacco sale. He advised one organizer that “if you allow people to bring their tobacco, you rent the hookah pipe, you have no tobacco on the premises, they bring that tobacco, you rent out the pipe, you’re not in violation, so long as the place is not enclosed.”

Board members voiced additional reasons to keep the local restriction on hookah. Dr. Gorin said the original restriction targeted disease transmission from sharing mouthpieces and cited prior inspections and fines. A public-health-focused board member raised fire-safety and flavored-tobacco enforcement concerns, saying flavored hookah products can be difficult to verify and that past inspections had found burnt surfaces and other hazards.

Residents and organizers sought a clear distinction between private residences and events. Steven Gale, a board member who also spoke as a citizen, argued the ordinance’s definitions are “vague” and could be interpreted to prohibit smoking in private yards or at private events that are important to cultural life. The board’s legal and enforcement staff responded that state statute (MGL c. 270, §22) already carves out private-residence exceptions and that local language will not override the state’s licensing requirement for selling tobacco.

No change to the regulation was adopted. The board agreed to continue the discussion at a future meeting so the city law department can review proposed language and to allow staff and organizers to attempt an implementation plan that minimizes regulatory risk. The board’s presiding officer said the item will be placed on the next meeting’s agenda.

Votes and formal actions during this agenda segment were limited to procedural steps; the substantive ordinance language remains under consideration.