Deputies propose to change the definition of restaurant establishments and the permission to provide hookah services

Draft Law No. 12288-1 "On Amendments to Certain Laws of Ukraine on Conducting Economic Activity in the Field of Restaurant Services" was registered in the Verkhovna Rada of Ukraine at .

The draft law proposes to

- amend the Laws of Ukraine "On the Use of Registrars of Payment Transactions in the Field of Trade, Catering and Services", "On State Regulation of Production and Turnover of Ethyl Alcohol, Cognac and Fruit Alcohol, Alcoholic Beverages, Tobacco Products, Liquids Used in Electronic Cigarettes and Fuel", "On Local Self-Government in Ukraine", "On Basic Principles and Requirements for Food Safety and Quality", "On Childhood Protection", "On By-Products of Animal Origin Not Intended for Consumption" l

- to amend the Law of Ukraine "On Measures to Prevent and Reduce the Use of Tobacco Products and Their Harmful Effects on Public Health" by defining the concepts of "hookah service area", "hookah tobacco mixture", "hookah tobacco-free mixture", and defining the requirements for the functioning of such an area.

In particular, it is stipulated that hookah use in restaurant establishments is possible subject to the receipt by such establishment of a license for the right to retail tobacco products (in case of providing services for the consumption of hookah tobacco mixture) and a permit to organize a hookah service zone.

The permit to organize a hookah service area (hereinafter - the Permit) is issued for a period of one year on the basis of the application of the restaurant establishment for the issuance of the Permit, which is submitted to the central executive body that implements the state policy in the field of prevention and reduction of tobacco use and their harmful effects on public health.

The permit shall be issued within 10 business days from the date of receipt of such application.

The central executive body that implements the state policy in the field of prevention and reduction of tobacco products use and their harmful effects on public health approves the procedure for issuing the Permit, determines the legal and organizational basis for keeping records of restaurant facilities that have received the Permit, as well as their inspection visits.

In the event that during the inspection visit violations of the requirements of this law are detected, the restaurant business establishment is issued an order requiring the elimination of such violations within 30 business days. If during the repeated inspection visit the violations are not eliminated, the Permit shall be canceled.

The fee for issuance of the Permit shall be 6 subsistence minimums for able-bodied persons for each hookah service area, and for hookah service areas in the territory of villages and settlements, except for those located within the territory of cities, 3 subsistence minimums for able-bodied 4 persons.

The hookah service area shall meet the following requirements:

- availability of visual information, which is placed on the front door of the restaurant establishment and consists of the following text: "There is a hookah service area in the establishment. Hookah use is harmful to your health! Passive inhalation of hookah aerosols (vapors) is as dangerous as active inhalation!" with the size of at least 20% of the area of such door and information about the area of the hookah service area;

- availability of visual information, which is placed in the menu of the restaurant establishment used within the hookah service area, consisting of the following text: "Hookah service area. Hookah use is harmful to your health! Passive inhalation of hookah aerosols (vapors) is as dangerous as active inhalation!" in the size of at least 20% of the page (electronic or paper) of such menu;

- the availability of a ventilation and exhaust system with individual air volume control, the design of which must be approved in accordance with the rules and regulations established by law;

- availability of a control system to prevent persons under the age of 18 from entering the hookah service area;

- functional separation, so that people who do not smoke do not need to visit it, be spatially closed, so that it can be locked, and should not serve as a passage to other premises;

- the written consent of employees involved in the hookah service area to work within such an area, ensuring their mandatory instruction on the dangers of passive inhalation of hookah aerosols (vapors).

The funds additionally attracted to the budget will be used to develop scientific and scientific and technical potential in the amount of 20% of revenues, as well as youth policy in terms of popularizing and promoting a healthy lifestyle among young people in the amount of 80% of revenues.

The draft law also provides for a significant increase in fines for violation of the legislation on measures to prevent and reduce the use of tobacco products and their harmful effects on public health.