Pubdate: Fri, 12 Sep 2008
Source: Press Democrat, The (Santa Rosa, CA)
Copyright: 2008 The Press Democrat
Contact:  http://www.pressdemo.com/
Details: http://www.mapinc.org/media/348
Author: Clark Mason, The Press Democrat
Bookmark: http://www.mapinc.org/find?115 (Marijuana - California)
Bookmark: http://www.mapinc.org/find?228 (Paraphernalia)

SMOKE SHOP HAS WINDSOR FUMING

Businesses are sprouting up around Windsor's Town Green these days, 
signaling more profitable times ahead for the new downtown.

But one store in particular is attracting an extraordinary amount of 
attention since it opened last week. And it's not positive.

The Smoke Shop sells bongs and pipes not associated with tobacco use, 
but marijuana.

"They're not elegant, rosewood pipes the professors at Harvard use," 
said Ronald Boomer, who owns a dry cleaning store on the opposite 
side of the street. "I would call it paraphernalia."

Situated on a prominent corner of Windsor Road, the store offers 
elaborate hookahs and fancy tall, glass bongs in relatively plain 
view to passers-by, including the many students strolling to and from 
nearby Windsor High School.

"We're absolutely horrified. It's a travesty. Our biggest concern is 
it puts the kids in jeopardy," said Terri Burger, co-owner of the 
pharmacy across the street. "It's enticing to kids. They have a vulnerability."

Mayor Debora Fudge said she hasn't seen an issue provoke this much 
public consternation in her 17 years on the town council.

"I've gotten probably 100 e-mails and five phone calls," she said 
Thursday, describing all of them as from people opposed to the Smoke 
Shop and very upset.

"We created a family-friendly downtown. This does not fit into our 
retail mix at all," she said.

But Sam Khouri, owner of the shop, disagrees.

"Everything is legal. I have a license from the city. Some people 
like it, some don't," he said.

Khouri pointed out that there is a sign on the front door prohibiting 
anyone under 18 from entering.

The large, prominent picture of Bob Marley and the psychedelic poster 
of Jim Morrison scream out "head shop," but the Jordanian-born Khouri 
maintained "everything is for tobacco, yeah for tobacco."

His brother Basim Khouri added in a separate interview Thursday: 
"When we buy and sell, it's for tobacco. What they are going to use 
it for is their problem, not our problem."

He noted "medical marijuana is legal to use. We do something to try 
to help people too," explaining that the store plans to offer 
vaporizers that enable people to more easily take smoke into their lungs.

Stores that sell drug paraphernalia and accessories have been around 
since at least the 1960s and are allowed under state law. There are 
five or more in Santa Rosa and others in Petaluma and Ukiah.

The Khouris say they have operated one on Third Street in downtown 
Santa Rosa for several years.

But Windsor officials are concerned about the prominent placement of 
the shop and its merchandise and the way the Khouris represented 
their store before it opened.

On a business registration application they filed with the town, they 
said they would sell "gifts, cigarettes, cigars, pipes, water pipes, 
hookahs and smoke accessories," Planning Director Peter Chamberlin said.

They also called their business the "Windsor Tobacco Center," despite 
the fact no tobacco is for sale -- at least not yet -- and the only 
signs this week said "Smoke Shop" and "Pipes."

"It's not really a smoke shop. It's a drug paraphernalia shop. I've 
been in it, and there's not a stick of tobacco in it," said Town 
Councilman Warin Parker.

"We don't want it in downtown. It's just not appropriate for the Town Green."

Basim Khouri said he is waiting for the state to issue a license 
within the next few weeks that will allow him to sell cigars and tobacco items.

And the "accessories," he said, will be moved to the rear of the store.

Moving the glass and metal pipes and related items to a more discreet 
place may have been prompted in part by a letter Windsor officials 
sent to the business three days ago. It observed that state law 
"requires that drug paraphernalia be wholly kept within a separate 
room or enclosure where persons under 18 years are excluded."

That may not placate opponents of the business and those who don't 
see it fitting into the Town Green, where new family-oriented 
businesses have opened recently or are on the verge of opening.

A Baskin-Robbins ice cream store, a speciality hot dog place, a toy 
store and gourmet grocery are among the latest additions to Town 
Green Village, which in the past has struggled to create more foot traffic.

The Smoke Shop is generating some customers and some support, too. 
One woman who declined to give her name, but said she was 59 years 
old, came into the store Wednesday afternoon to browse the items on display.

"I'm not offended, or I wouldn't be in here," she said, adding she 
would consider buying a pipe.

Town officials acknowledge they may not be able to do anything about 
the shop. But Councilman Parker said it has highlighted the need to 
require business licenses and not simply a business registration 
"which does not have teeth."

And at its next meeting Oct. 1, the Town Council will consider an 
emergency ordinance that would suspend for at least 45 days approval 
of any more "smoke shops."

The moratorium would encompass check-cashing businesses, pawn shops, 
bail bondsmen and tattoo parlors.

Chamberlin said the moratorium would give the town time to consider 
how to regulate such businesses and where else in Windsor they might 
be allowed. 
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MAP posted-by: Richard Lake