Legislative Analysis
Phone: (517) 373-8080
HOOKAH LOUNGE SMOKING EXEMPTION
http://www.house.mi.gov/hfa
House Bill 5554 as introduced Analysis available at
Sponsor: Rep. Mike Harris http://www.legislature.mi.gov
House Bill 5555 as introduced
Sponsor: Rep. Alabas Farhat
Committee: Regulatory Reform
Complete to 6-15-24
SUMMARY:
House Bill 5555 would amend the Public Health Code to exempt certain hookah lounges from
the prohibition on smoking in public places under the code.
Specifically, under the bill, a hookah lounge would be exempt as a hookah lounge, and not as
a tobacco specialty retail store, and could allow smoking on its premises if the lounge’s owner
or operator files an affidavit with the Department of Health and Human Services (DHHS) by
the thirtieth day immediately after the bill’s effective date and then annually by January 31
each following year. The affidavit would have to certify that the hookah lounge meets all of
the following requirements:
• On the bill’s effective date, it was exempt from the smoking prohibition as a tobacco
specialty retail store.
• It is located on premises that are physically separated from any areas of the same or
adjacent establishment in which smoking is prohibited under Part 126 or 129 of the
code and where smoke does not infiltrate into those nonsmoking areas.
• It prohibits entry to an individual who is less than 21 years old during the time it is
open for business.
Finally, the bill would specify that the above provisions do not prohibit a cigar bar or hookah
lounge from obtaining a liquor, food, or restaurant license if it meets the above requirements
to be exempt from the smoking prohibition.
MCL 333.12606a
House Bill 5554 would add the following definitions:
Hookah lounge would mean an establishment or area within an establishment that is
open to the public and is designated for the smoking of hookah tobacco, purchased on
the premises or elsewhere.
Physically separated would mean an area that is enclosed on all sides by any
combination of solid walls, windows, or doors that extend from the floor to the ceiling.
MCL 333.12601
The bills are tie-barred and would not take effect unless both are enacted.
House Fiscal Agency Page 1 of 2
FISCAL IMPACT:
House Bills 5554 and 5555 would have an indeterminate but likely minimal fiscal impact on
state expenditures to the Department of Health and Human Services and no fiscal impact on
local units of government. The fiscal impact of the bills would be dependent on the
administrative cost to DHHS to process an affidavit filed by a hookah lounge to be exempt
from the smoking prohibition under the act.
Legislative Analyst: Alex Stegbauer
Fiscal Analyst: Sydney Brown
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HBs 5554 and 5555 as introduced Page 2 of 2


Statutes affected:
House Introduced Bill: 333.12601