7.1. SR 07-16-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Administration
Item Description
Consider Tobacco License-The Piecemaker
Clerk
Action Requested
Council motion denying a tobacco license to the applicants for The Piecemaker tobacco shop.
Staff recommends denial of the tobacco license application based on the following findings:
1. Applicant does not meet the city standard for good moral character as set forth in Section 38-1 of
the City Code due to providing false information on his application and being unable to serve the
public in a fair, honest, and open manner.
2. Applicant provided false information on his application as set forth in Section 26-63 (4) of the
City Code.
If the application is denied; notice of due process must be followed in order to allow the applicant to
rebut the evidence against him.
Background/Discussion
Applicants Damon Peplinski and Benjamip. Castagneri have formed a domestic corporation registered
with the Secretary of State's office and are requesting a tobacco license in order to open up a tobacco
shop called The Piecemaker at 19022 Freeport Street.
The background check for Mr. Castagneri came out clean with no violations. The background check for
Mr. Peplinski was not approved by the police chief due to his criminal history. His criminal history
included:
1992 Gross Misdemeanor for forgery-St. Louis County
Misdemeanor for trespass-St. Louis County
1994 Misdemeanor for Drugs-St. Louis County
Mr. Peplinski provided false information on his tobacco application by stating he has not been convicted
of a felony, gross misdemeanor, or misdemeanor. This would be a ground for denial of a tobacco license
according to City Code Chapter 26 Section 63 (4). Approving an application that provides false
information could set a precedent by the city that it is okay to allow misinformation on an application and
still be approved for a license.
s: \ Council\ City Clerk \ Tobacco \2007\Piecemaker.doc
According to our ordinance Chapter 38, Article I Section 38-1 regarding Licenses and Business Regulations and
Determination of Moral Character.
. . . the phrase "good moral character" or "moral Character" shall be construed to mean the propensity of
the person to serve the public in the licensed area in a fair, honest, and open manner. A judgment of guilt
in a criminal prosecution or a judgment in a civil action may be used as evidence in the determination and
when so used the person shall be notified and shall be permitted to rebut the evidence by showing that:
(1) At the current time he has the ability to, and is likely to, serve the public in a fair, honest, and
open manner; or
(2) He is rehabilitated, or that the substance of the former offense is not reasonable related to the
occupation for which he seeks a license or permit.
If the license is approved from this point, following is more information regarding another tobacco shop
that Mr. Peplinski owns and the Council should be aware of.
Miscellaneous I,!formation
Mr. Peplinski owns another tobacco shop known as The Piecemakers in Minneapolis under a different
corporation. The City of Minneapolis indicated the shop is a head shop, it is clean and they've had no
issues with them with the exception of one complaint regarding loud music and smoke fumes outside of
the shop. This was due to an annual event the shop holds.
The web site for the Minneapolis shop states it is a head shop. They have a hookah bar at the shop
whereby customers are allowed to smoke. A hookah is an ornate type of water pipe used for smoking
many types of substances such as exotic tobaccos. It is unclear whether the new smoking law (known as
the Freedom to Breath Act of 2007) permits smoking in tobacco shops and it is unclear if the applicants
intend to offer this type of service at the Elk River location. As of the writing of this memo I was waiting
for information from a contact at the League of Minnesota Cities and if the Council decides to proceed
with approving the license I may have more information available at the meeting on Monday.
Staff Direction
~
The Freedom to Breath Act does have a section that states nothing in the statute prohibits cities from
enacting and enforcing more stringent measures to protect individuals from secondhand smoke. If the
Council would like to eliminate smoking from tobacco shops or in other areas, please give staff direction
to proceed with an ordinance amendment.
Financial Impact
N/A
Attachments
· Secretary of State Registration
· Website data from The Piecemakers in Minneapolis
s: \Council\City Clerk\ Tobacco\2007\Piecemaker.doc
.
Information from Wikipedia explaining head shops and hookah
Information on the 420 symbol
.
Action
Motion by _
Second by _
Vote
Follow Up
s: \Council\City Clerk\ Tobacco \2007\Piecemaker,doc
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The Piece Makers - Area 420
Page 1 of3
~~
Area 420
Local Handblown Glass
Guaranteed Low Prices
Open 7 Days a Week
Wholesale Available elcome to The
Pipes, Accessories &. Morpiece Makers - Area
420, where you will
find Uniquely Beautiful
Local Handblown glass
pipes &. accessories.
Located at 24th St and
Hennepin Ave in
Uptown, this
Minneapolis head shop
has the gear you want
-from tie-dyed tees to
stash cans to High
Times Mags.
The Piece Makers -
Area 420 is the only
place locally where you can find
the Marble Bauble pipe tool
(shown here) made by Aire Sign
Design.
Coming
Soon
http://members.aol.comlAireSignDesign/piecemakers/index,htm
6/4/2007
The Piece Makers - Area 420
Area 420: the Hookah
Bar
Why huff a
quick cigarette
out in the
sometimes
brutal
weather, when
you can relax
and smoke in
the comfort of
Area 420's
new hookah
bar. Sample
exotic tobacco
blends while discovering the
simple pleasures of the age-old
tradition of the "hubbly-bubbly".
The Piece Makers - Area 420
2414 Hennepin Avenue South
Minneapolis, MN 55404
612-377-3345
Web Site by
Aire Sign
Design
eriYi:lc::yeQ Ilc::y
and Customer
Service
http://members.aol.com/AireSignDesign/piecemakers/index.htm
Page 2 of3
6/4/2007
Head shop - Wikipedia, the free encyclopedia
Head shop
From Wikipedia, the free encyclopedia
A head shop is a retail outlet specializing in paraphernalia
related to consumption of cannabis, other recreational
drugs, and New Age herbs, as well as generally selling
counterculture art, magazines, music, clothing, and home
decor. Products typically include bongs (called water pipes
in countries with drug paraphernalia laws), roach clips,
glass pipes, pipe screens, rolling papers, rolling machines,
scales or balances, whipped-cream chargers (which contain
nitrous oxide), blacklight-responsive posters, incense,
cigarette lighters, and products claimed to give false
negative results for drugs on urinalysis tests.
Contents
. 1 History
. 2 Legality
. 3 Smart shops
. 4 References
. 5 External links
. 6 See also
History
Page 1 of3
A head shop in Florence, Italy.
Head shops originated in the 1960s in cities with a high concentration of college-age youth, often
growing out of independently owned poster or candle stores. Sources cite the Psychedelic Shop on
Haight Street in San Francisco, California, operated by U.S. Army veteran Ron Thelin and his younger
brother Jay, as the first in the United States [I] (http://www,ukcia,org/culture/history/chrono,html) [2]
(http://www .stheart,com/cohen _ bio.html) [3] (http://www.ptreyeslight.comlstories/mar21/thelin.html) [4]
(http://www.hiphappy.com/index.php?id=6ILit opened on January 3, 1966. Head shops served as an important
outlet for the underground comics of Robert Crumb and other counterculture cartoonists. The shop's
popularity eventually waned with the aging of that era's baby boomer generation, and with the retail
mainstream discovering and co-opting aspects of that market niche, such as alternative music and eco-
friendly products.
Legality
In the United States head shops exist in a legal grey area because of the nature of the materials they sell,
which can be used for both legal and illegal drugs. Signs stating that the products sold "are for tobacco
use only" are commonly posted.
By the early 2000s, with the passage of local laws allowing for medicinal marijuana, head shops have
reemerged regionally and on the Internet to service that health market.
http://en. wikipedia.org/wiki/Head _shop
6/4/2007
Head shop - Wikipedia, the free encyclopedia
Page 2 of3
Head shops which exist in locations where drug use, especially marijuana use, is still illegal, have
special "code words" for the smoking instruments and paraphernalia in their shops. These code words
include (but are not limited to):
. "Water pipe" for a bong or hookah
. "Tobacco grinder with residue catch" for a kief catching grinder
. "Pipe" or "Hand Pipe" for a bowl, piece or hand pipe
In many head shops, a sign will be posted (and reiterated verbally) stating that customer references
regarding the use of the shop's products for illegal drug use will result in either suspension of all sales
for that time period, and/or removal of the customer from the shop (after subsequent mistakes).
Smart shops
Smart shops are shops, prominently found in the Netherlands, that sell psychoactive substances in
addition to the drug paraphernalia found in head shops. Most smart shops sell psychedelic mushrooms.
References
. The Tillsonburg News, August 3, 2005: "Potent herb not regulated in
Canada" (http://www.tillsonburgnews.com/story.php?id=176239)
. The Daily Transcript, July 19,2004: "Head shop regulation is good for
business" (http://www.publicstrategies.org/east/dtrans_7_04.htm)
. CNN transcript, June 24, 2003: "New Recreational Drug Poses Questions For
DEA" (http://edition.cnn.com/TRANSCRIPTS/0306/24/se.01.html)
. The Christian Science Monitor, December 17, 1980: "Nationwide Drive Against 'Head Shops'
Runs Into a Federal Court
Snag" (http://www.nationalfamilies.org/publications/about _ nfia/nationwide.html)
. Anchorage Press, Sept. 8-14,2005: "Why We All Can't Just Get a
Bong" (http://www.anchoragepress.com/archives- 2005/coverstoryvol14ed36.shtml)
External links
. Bolenat.co.uk - Online Headshop (http://www.bolenat.co.uk/)
. Highwayhome Head Shop Guide
(http://www.highwayhome.com/corporate/tobacco/head _ shops.html)
. SmokersNet Head Shops (http://www.potsmokersnet.com/hightimes/index.htm)
. San Francisco Neighborhood (http://sfgate.com/traveler/guide/sf/neighborhoods/haight.shtml)
. Online headshop (http://www.onlinesmartshop.nll)
Guide: The Haight]
See also
. Alternative culture
. Underground music
. Underground comix
http://en.wikipedia.org/wikilHead_shop
6/4/2007
Hookah - Wikipedia, the free encyclopedia
Hookah
From Wikipedia, the free encyclopedia
A hookah (Arabic: :i .~~\ Hindustani: ~ l,.:b) is a multi-
stemmed, often glass-based, water pipe device for smoking; it
originated in India. A hookah operates by water-filtration and
indirect heat. It can be used for smoking many substances,
such as herbal fruits and tobacco. Depending on locality,
hookahs are known as other names, such as a shisha/sheesha,
water pipe, nargeela/nargile/narghile/nargileh/narguile,
argeela/arghileh/arguile, okka, kalyan, gewat suckre,
hubble bubble, or ghelyoon/ghalyan. Many of these names
are of Arab, Indian, Turkish, Uzbek, or Persian origin.
Narghile (~.J\.j) is from the Persian word nargil (~.J\.j) or
"coconut", and in Sanskrit narikela (c1I.fl~('i) and it was
made out of coconut shells.[1] Shish a (:i .~~.~) is from the
Persian word shishe (~, literally translated as glass and not
bottle). Hashish (~) is an Arabic word for grass, which
may have been another way of saying tobacco. Another
source states, "In early Arabic texts, the term hashish referred
not only to cannabis resin but also to the dried leaves or
flower heads and sweetmeats made with them" J2] Hookah
itself may stem from Arabic uqqa, meaning small box, pot, or
jar. Both names refer to the original methods of constructing
the smoke/water chamber part of the hookah.
Page 1 of8
Narghile is the name most commonly used in Armenia, Lebanon, Syria, Iraq, Jordan, Greece, Cyprus,
Albania, Israel, Bulgaria and Romania, though the initial "n" is often dropped in Arabic. Shisha is more
commonly seen in Egypt, Bahrain, Morocco, Tunisia, Saudi Arabia and Somalia. In Iran it is called
ghalyoun or ghalyan (04l!) and in Pakistan and India it is referred to as huqqa. The archaic form ofthis
latter name, hookah is most commonly used in English for historical reasons, as it was in India that large
numbers of English-speakers first sampled the effects of the water pipe. William Hickey wrote in his
Memoirs that shortly after his arrival in Calcutta in 1775:
The most highly-dressed and splendid hookah was prepared for me. I tried it, but did not like it. As after
several trials I still found it disagreeable, I with much gravity requested to know whether it was
indispensably necessary that I should become a smoker, which was answered with equal gravity,
'Undoubtedly it is, for you might as well be out of the world as out of the fashion. Here everybody uses
a hookah, and it is impossible to get on without'.....(I] have frequently heard men declare they would
much rather be deprived of their dinner than their hookahPl
Contents
. I Culture
http://en.wikipedia.org/wiki/Hookah
6/4/2007
Hookah - Wikipedia, the free encyclopedia
. 1.1 Middle East
. 1.1.1 Arab world
. 1.1.2 Iran
. 1.1.3 Turkey
. 1.1.4 Israel
. 1.2 United States and Canada
. 1.3 Europe
. 1.4 Asia
. 1.5 South Africa
. 2 Style and health
. 2.1 Health Benefits and Risks
. 2.2 Longer Sessions
. 2.3 Gum Disease and Other Dangers
. 3 See also
. 4 References
. 5 Extemallinks
Culture
Middle East
Arab world
In the Arab world, social smoking is done with a single or double hose.
When the smoker is finished, either the hose is placed back on the
table signifying that it is free, or it is handed from one user to the next,
folded back on itself so that the mouthpiece does not point at the
person receiving it. Stories tell Nasser aI-Din Shah Qajar thought of it
as an insult but there are no official facts. Another tradition is that the
receiver taps or slaps the giver on the back of the hand while taking it
as a sign of respect or friendship.
However in cafes and restaurants it is rare for each smoker not to order
an individual hookah (as they are very affordable in the region often
ranging from $2 to $10).
Shisha cafes, normally called maqha (Arabic: ~, "coffeeshop"), are
rather widespread, and are amongst the main social gathering places in
the Arab world (similar to the status pubs have in the UK).
Iran
Page 2 of8
Hookahs for sale in Jerusalem
at the bazaar.
Sheesha dealership in Cairo
marketplace
In Iran, the hookah is known as a ghalyan (Persian: (j4l9). It is similar
in many ways to the Arabic hookah but has its own unique attributes.
An example is the top part of the Hookah called 'sar' (Persian: .,;.=head) where the tobacco is placed and
is bigger than the ones we see in Turkey. Also the major part of the hose is flexible and covered with
soft silk or cloth while the Turkish make the wooden part as big as the flexible part.
http://en. wikipedia.org/wiki/Hookah
6/4/2007
Hookah - Wikipedia, the free encyclopedia
There are mouthpieces called Amjid (~I) that each person has his
own personal one, usually made of wood or metal and decorated with
valuable or other stones. Amjids are only used for their fancy look.
However, all the Hookah Bars have plastic mouth-pieces.
Use of water pipes in Iran can be traced back to the Qajar period. In
those days the hoses were made of sugar cane. Persians had a special
tobacco called Khansar ()......il..:.., presumably name of the origin city).
The charcoals would be put on the Khansar without foil. Khansar has
less smoke than the normal tobacco.
The hookah was, until recently, served to all ages; Iranian officials
have since passed a law forbidding its use by those under l4.
Turkey
Page 3 of8
Persian woman, in Qajari
dress seen here smoking the
traditional Qalyan.
In Turkey, narghile is done on a social basis, usually in one's home with guests or in a cafe with friends.
Most cities have narghile cafes where narghile is offered with a non-alcoholic drink. This is mainly for
health reasons rather than religious reasons. Often people will smoke nargile after dinner as a
replacement for cigarettes. In bigger cities such as Istanbul, Ankara, Izmir, and Adana, restaurants may
have dinner & nargile specials which includes meal, beverage (alcoholic/non-alcoholic), Turkish coffee
and nargile. In certain parts of the country people use nargile cafes to watch popular TV shows, national
sports games, etc. and smoke nargile to socialize,
Israel
In Israel, the hookah is prevalent among Middle Eastern Jewish immigrants from Iran, Iraq, Turkey and
Yemen. Hookah use is also common in the Arab home where families will commonly smoke after a
large meal or at a family gathering. Many Jewish families have also adopted this custom, although
individual usage patterns vary according to culture heritage and custom.
United States and Canada
In the United States and Canada, many cities, state/provincial and federal jurisdictions have in more
recent years moved to ban smoking in public places. Though most jurisdictions, through the purchase of
a special permit, allow hookah businesses to remain open to the public, others do not. This has caused
many hookah lounges and bars to close their doors to the public. In many cases, hookah businesses have
been able to remain in business by replacing their traditional, tobacco-based shisha with tobacco-free,
herbal alternatives. In New York City, where there is a strong smoking ban, hookah bars have managed
to remain open in Little Egypt, Astoria, Queens, despite complaints from local residentsJ4]
There remains an attachment to Shisha bars/coffee shops in cities with large Arab/Middle-eastern
populations such as Montreal in Canada.
Hookah bars or cafes are showing up throughout the United States, especially near college campuses in
cities with large Arab and Middle-Eastern populations. The use of hookahs is popular among college
students in the United States and Canada, and has recently gained popularity among the high-school
http://en. wikipedia.org/wiki/Hookah
6/4/2007
Hookah - Wikipedia, the free encyclopedia
Page 4 of8
demographic, as well.
Europe
In Spain, the use of the hookah has been recently increasing in popularity, and they are usually readily
available at tea-oriented coffeehouses, called teterias in Spanish, which often are run by Arab
immigrants or have some other sort of affinity with the east. Hookahs are usually sold at prices between
€lO and €70, and hookah tobacco and charcoal is easily found in those same coffee houses, or at stores
run by eastern immigrants. Immigrants and native Spanish alike enjoy this custom, and it is usually seen
as a lighter way of smoking than cigarettes. Buying one's own tobacco and hookah is usually noticeably
less expensive than ordering hookahs at a coffee house.
Hookahs are also becoming increasingly popular in Moscow and other Russian cities. Many bars
employ a "hookah man" (Rus. KaJIb5IHIUHK tr. kal'janschik), often of middle-eastern appearance and
wearing an approximation of Arab or Turkish costume, to bring the pipes to customers' tables and to
prepare and light the tobacco. A single hookah and hose are normally used; interchangeable plastic
mouthpieces in sealed wrappings may be provided to each person at the table for hygiene reasons.
Indian restaurants but are most commonly found in Lebanese restaurants and Egyptian-run "hubbly-
bubbly" bars. Concentrations of these hookah establishments are often found in close proximity to
University campuses, as on Rusholme's Curry Mile in Manchester or in Oxford, and they cater to a
mixture of British and Middle-Eastern clientel amongst students. A ban on public smoking was enacted
in Scotland in 2006, and a similar ban will take effect in England in July 2007. The effect of these laws
on hookah bars is not yet clear. The price for one session of hookah smoking ranges from i4 to i15 a
session. In April 2007, a smoking ban took effect in Wales and hookah was banned immediately.
Hookah smoking has also risen in popularity in Germany, particularly in Berlin and Cologne, where
many hookah bars exist due in part to a relatively large Turkish population. Hookahs are also very easy
to acquire. During the 2006 World Cup, many booths in the area outside of the Zoologischer Garten
Bahnhof specialized in selling the water-pipes and flavored tobacco. In addition, many people create
homemade hookahs due to the relative ease of construction and the high cost of a quality pipe. Hooka
(locally called Shisha) bars are even commonly found in towns with just 100,000 inhabitants.
In Sweden, hookah smoking is on the rise. Cheap hookahs and hookah-related products, like tobacco
and charcoal, are now available in the many kiosk-like businesses run by immigrants, mostly of middle-
eastern origin, found in the larger cities. Hookahs are mostly used by teenagers and immigrants, but the
use is slowly becoming more widespread. Hookah bars and similar establishments are still very rare
though, in part due to anti-smoking laws.
Asia
In South Asia
the hookah is
becoming better known, and cafes and restaurants that offer it as a consumable are popular.
The use of hookahs from ancient times in India was not only a custom, but a matter of prestige. Rich and
landed classes would smoke hookahs. Tobacco is smoked in hookahs in many villages as per traditional
customs. Smoking molasses in a hookah is now becoming popular amongst the youth in India.
http://en. wikipedia.org/wiki/Hookah
6/4/2007
Hookah - Wikipedia, the free encyclopedia
from $5 (Rs. 200)to $200 (Rs. 8000).
Restaurant 'Hucka' which offers non-
tobacco hookahs
Page 5 of8
India has
more Hookah
users than
any other
country in the
world. It a
growing
trend
amongst
youngsters
and
adolescents.
There are
several chain
clubs and
Bars in India
offering a
variety of
hookah. The
average cost
of hookah in
clubs vary
The new trends emerging are that of non-tobacco hookahs with herbal flavours. Several modem
restaurants are famous for this. The hookah even without tobacco has become a matter of status.
In Pakistan, hookahs have become very popular in the cosmopolitan cities. Many clubs and cafes are
offering them and it has become quite popular amongst the youth and students in Pakistan. This form of
smoking has become very popular for social gatherings, functions and events. There are a large number
of cafes, restuarants and chill out places offering a variety of sheesha and hookahs.
Malaysia too has seen an increase in sheesha use and cafes offering sheesha pipes. [5] In the Philippines,
the popularity is vastly growing, in the capital's most cosmopolitan city, Makati, various high-end bars
and clubs offer hookahs to patrons. In Afganistan, hookah has been popular especially in Kabul for
some time.
Although hookah use has been common for hundreds of years and enjoyed by people of all ages, it has
just begun to become a youth-oriented pastime in Asia in recent times. Hookahs are most popular with
college students and teenagers, who may be underage and thus unable to purchase cigarettesJ6]
South Africa
In South Africa, hookah, colloquially known as a hubbly bubbly, is popular amongst the Cape Malay,
Indian population, where it is smoked as a social past-time.[7] But is increasing in popularity with
whites, especially the youth. Hookah bars are relatively uncommon, and smoking is normally done at
home or in public spaces such as beaches and picnic sites.
http://en. wikipedia.org/wiki/Hookah
6/4/2007
Medical research on hookahs shows that they have many health
benefits. Hookah is known to contain vitamin A, Band C. A
review of the health effects of hookah use in the medical journal
Pediatrics concludes that the harmful effects of hookahs are much
less than those caused by cigarettes. The smoke aerosol from
hookah use shows very high levels of nicotine, "tar," and heavy
metals. The nicotine content is equivalent to a smoker that
smokes 30 cigarettes a day, demonstrating very high potential for
addiction. The cancer causing agents are similar, levels of carbon
monoxide are higher, and hookah use has an additional risk of
person to person infection related to the method of smoking
practice. A case-control study of 214 Chinese tin miners found
there was a two-fold increased risk for lung cancer among those
who had ever used water pipes compared with nonsmokers.
Twenty two of twenty five cases of lung cancer in a study in India
were among those who were regular hookah users. [8] Research
with a series of Egyptian patients showed that hookah smokers
who smoked in groups had increased rates of infection when
compared with nonsmokers. Thomas Eissenberg, a psychology professor at Virginia Commonwealth
University and co-author of a hookah study, noted that he found that "Every risk of cigarette smoking is
also associated with water pipes." [1] (http://www.usatoday.comlnews/nation/2005-12-28-hookah-
trend _ x.htm)
Hookah - Wikipedia, the free encyclopedia
Style and health
Health Benefits and Risks
Longer Sessions
Page 60f8
The Caterpillar using a hookah,
from Alice's Adventures in
Wonderland
Allegedly, use of the hookah may actually decrease a smokers dependency on carcenogens such as tar
and nicotine found in the tobacco of cigarettes. One study [2]
(http://tc.bmj.com/cgi/content/abstract/13/4/327) found that a session of hookah smoking which lasts
about 45 minutes is similar in nicotine tar and carbon monoxide intake from one cigarette. The tar
derivatives produced, however, are created at lower temperatures than cigarette smoking. The effect of
this lower temperature is a decreased risk of cancer.
Gum Disease and Other Dangers
A study in the Journal of Periodontology found that hookah smokers were five times as likely than non-
smokers to have signs of gum diseaseJ9] This was studied as a result of concern to doctors in North
America, as 86% of colleges and universities have at least one hookah lounge within close proximity.
See also
. Health effects of tobacco smoking
http://en. wikipedia.org/wiki/Hookah
6/4/2007
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