Laws Concerning Hookah Lounges In Cali

[Hiphophead909]

I have been considering opening a Hookah Lounge here in So-Cal, but there are a few problems with what I want to do and with what the california law states. According to this article: Breath it states the following:

LEGAL QUESTIONS: Can hookah bars claim an exemption to the law and allow indoor smoking of tobacco through a water pipe for any of the following reasons:

1. They are owner-operated?
2. They are retail tobacco shops?
3. They have five or fewer employees?

SUMMARY ANSWERS:

• If a hookah bar has even one part-time employee, it must be smoke-free indoors all the time. Anyone who receives compensation in any form in exchange for work is an employee, whether or not they are related to the owner(s).

• If a hookah bar sells food and/or beverages (alcoholic or nonalcoholic), or offers live entertainment, it may no longer be selling tobacco as its main purpose, and therefore may not qualify for the retail tobacco shop exemption in the law.

• In order to claim the “small business” exemption, a hookah bar must not only have five or fewer employees, it must also legally be allowed to discriminate on the basis of age and prohibit minors from entering the establishment. If it sells or serves food or nonalcoholic beverages, the hookah bar cannot discriminate on the basis of age because of the Unruh Civil Rights Act, which prohibits arbitrary age discrimination. Therefore, hookah bars that serve food or nonalcoholic beverages cannot claim the small business exemption. (An establishment with any employees that is licensed by ABC to sell alcohol is a bar and cannot allow indoor smoking for that reason.)

So according to the first exemption, if I have even one person working for me, I am not allowed to have indoor smoking. But then again, in the third exemption, it says that in order to claim a small business exemption, a hookah bar must not have more then five employees. Can anyone explain what this exactly means? Also, the second exemption discusses the use of live entertainment. I was planning to have a stage for either musical purposes or discussions. Is there anyway around that law so I could have both a hookah lounge and entertainment?

Thank you for any feedback and help, I greatly appreciate it.