Hookah bars are now a conditional use in Penn Hills, months after a shooting at Ballers Hookah Lounge & Cigar Bar killed two, wounded seven and raised concerns about nuisance businesses in town.
The zoning amendment, approved Nov. 18, only impacts future proposed hookah bars, defined as “any establishment that is devoted to, marketed as or designed for … the on-premises use of smoking hookah” — flavored tobacco typically inhaled in groups from a large tabletop device.
Penn Hills now requires hookah bars to close from 9 p.m. to 10 a.m., have proper ventilation and lighting, prohibit customers from bringing alcohol on-site and keep their establishments 21 and older.
These lounges are permitted no closer than 1,200 feet from other hookah bars, sex-oriented businesses, places of worship, archery or shooting ranges, public parks, recreation facilities, day care centers, libraries or schools.
Existing hookah bars have become nonconforming uses, meaning they’ll have to get up to code if they close for more than a year. Otherwise, they can operate as they had before.
Ballers is no longer open following a September cease and desist order from code enforcement.
Planning Director Chris Blackwell said it’s hard to know the exact number of hookah bars in Penn Hills because some clubs may be operating outside of the terms of their occupancy permits, but he said there definitely are others.
Through some residents may want to see these establishments banned altogether, state law prohibits exclusionary zoning, meaning each type of business must have a reasonable chance at getting approved in at least one part of the municipality.
Blackwell previously noted “a lot of times, just passing an ordinance is prohibitive” and encourages entrepreneurs in the targeted industry to look elsewhere.
But in the view of Councilman Shawn Kerestus, hookah bars willing to follow the rules should be just fine.
“If you do read the ordinance, I think you’ll find that a true hookah bar … should have no issue following and being able to abide by this specific ordinance,” Kerestus said. “The real intent here is to stop actors who are abusing this particular condition because it was undefined, coming in, saying that we’re opening up a hookah bar but, in reality, opening an illegal after-hours nightclub.”
