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Committee adopts hookah-focused substitute ordinance; city attorney asked to certify enforceability
Summary
Milwaukee aldermen advanced a substitute to a broader tobacco ordinance that narrows enforceable changes to hookah service and licensing; city attorney to review whether the language is legally enforceable given state law.
The committee adopted a substituted version of a proposed tobacco ordinance that narrows immediate enforceable changes to rules about hookah service, while deferring broader Tobacco 21 enforcement to state-level conformity.
Alder Bob Bergellis introduced the ordinance substitute after months of community outreach and presentations from public-health advocates. Bergellis said the intent was to bring city code into closer alignment with public-health goals while avoiding conflicts with state law.
Public-health organizations and youth speakers urged stricter limits on flavored e-cigarettes and hookah. Jess Brost of the American Lung Association told the committee that federal Tobacco 21 law, passed in December 2019, makes sale to under-21s illegal nationwide but that state statutory language can create enforcement gaps at the municipal level. Aliyah Torres, with the city9s vaping-prevention work, and a high-school student, Luis Casas, described youth exposure to flavored vapes and rising illegal sales documented by the Wisconsin Wins compliance program.
Assistant City Attorney Travis Gresham told the committee that a municipal ordinance raising the sale age to 21 could be out of step with Wisconsin state law and therefore non-enforceable; he recommended focused local measures that do not conflict with state statutes. The committee9s substitute therefore concentrates on hookah regulation, licensing and public-entertainment-premises requirements, language which the city attorney9s office will review before council action.
Alder Jose Zamarripa, who has pushed for tighter oversight of vape shops and hookah lounges, said the substitution was intended to reduce indoor hookah exposure, ensure appropriate licensing and give neighbors a path to object to on-site smoking premises. City licensing staff confirmed that certain tobacco and vape licenses must be issued under current state law, which limits municipal discretion.
The committee adopted the substitute by voice vote and ordered city attorney review of the substitute9s legal enforceability before the full council vote.
Ending: The committee9s action moves a narrower hookah-focused regulatory proposal forward while asking the city attorney to confirm that the approach will hold up under Wisconsin law. If the attorney signs off, the measure will be scheduled for full council action; if not, the council will see revised language.
