05-25-11 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL MAY 25, 2011 The City Clerk indicated that she informed Mr. Nelson that one of the reasons that the Council is considering amending the City's tobacco ordinance is due to the complaints that it has received about Forty Thieves Hookah Hideout. Mr. Nelson was not told that the ordinance is being directed at him, his family, or his business. McGraw noted that the City was not aware of hookah bars until Forty Thieves Hookah Hideout was established in Little Canada. Now the City is aware. McGraw pointed out that Mr. Nelson states many things that are his opinion, and he asked that Mr. Nelson provide his research. Nelson indicated that people using a hookah are not inhaling smoke, but rather a vapor. When the customer is done, the tobacco is still in the bowl. McGraw noted that the carcinogens are still moving and carbon dioxide is being created. The City Attorney stated that it is his understanding that one of the arguments that people in support of the hookah issue make is that the tobacco is not lit; therefore, smoking is not actually occurring. Nelson stated that his argument is that State Statute says that tobacco can be lit for the purpose of sampling. Montour asked what Nelson's definition of sampling would be. Nelson replied that he would have to put some thought into it. Blesener noted that State Statute allows sampling, but has not defined it. He further noted that the State allows cities to define sampling. Nelson indicated that the provision for sampling in the Indoor Clean Air Act was put in place to allow cigar shops. The City Attorney stated that he has not visited the hookah shop to see how it operates. He asked Nelson about his operation. Nelson explained the operation, noting that it operates in a cafd- style. He seats customers, provides a menu containing approximately 50 flavors a shisha, comes back and takes the customer's order. Nelson then prepares the order and serves it. McGraw asked if Nelson mixes the shisha. Nelson replied that he purchases prepared shisha from wholesalers, but can mix flavors for customers. McGraw asked about the charcoal that is used. Nelson replied that the charcoal is made from coconuts. Two pieces are used. McGraw asked what is done with the tobacco when the hookah session is completed. Nelson replied that it is thrown away. The City Attorney asked how long a hookah session lasts. Nelson estimated that three people using one hookah usually lasts 40 minutes, one person using a hookah usually lasts 1 hour. With regard to the proposed restriction on hours of operation, the City Administrator indicated that at the RCTC meeting, the police departments represented at that meeting indicated that hookah bars operate much like liquor establishments, and when the hookah bars close, people tend to 12