Hookah Hullabaloo on B'way

In the local version of the national trend of avowed lefties becoming ever more authoritarian, smoking stuff on Broadway has come under the microscope at city council.  The Daily Journal headline notes

Burlingame moves to allow hookah

City OKs outdoor smoking ban, moves forward with water pipe exemptions

You would be excused if you thought the sub-head had something to do with our aging water infrastructure, but it doesn't.  Instead, in a state with legalized weed that you can smell all over town, we are treated to council members and high school students opining about hookahs and shisha...sheesh

The Burlingame City Council is prepared to allow hookah in two Burlingame locations, despite some concerns about its nicotine use, and also expanded an outdoor smoking ban for its Burlingame Avenue and Broadway retail districts.  Allowing hookah, however, would mean the city could not participate in San Mateo County’s tobacco regulation program, which covers cities’ costs if an ordinance is adopted. Advocates of the exemption say hookah can be a culturally and socially significant practice that legal adults should not be prohibited from utilizing.

Councilmember Emily Beach said she wished the City Council would remain strong in its decision to ban all flavored tobacco products and thought that participating in the county’s regulation plan would have saved Burlingame taxpayer’s money.  “When I look at flavored tobacco, the big picture is [that] flavored tobacco makes it tastier, more enticing and more fun to smoke. That’s why it was invented, it makes it better,” she said. “Whether that’s adults or kids, is that a good idea? In my opinion, I don’t think it makes a lot of sense to go backwards on this.”

The ordinance will also clarify that the ban applies only to the public right of way, like streets, parklets and public parking lots, and not private property like outdoor patios of bars and restaurants, Assistant City Attorney Scott Spansail previously said during the council’s Nov. 6 meeting.

It looks like a 3-2 vote to allow hookahs -- Ortiz, Stevenson and Colson for, Brownrigg and Beach opposed to shisha.  The "cultural and societal value" of lighting up was invoked by some commenters.  I can hear the cries of racism off in the distance if this vote had gone the other way.  If you are thinking of jumping into the hookah business be aware that only one more spot is allowed, and it cannot be too close to the Society Lounge on B'way.

The real question, completely ignored, is how is BPD going to enforce this?  Aside from the area around the Apple store and the occasional parking enforcement officer roaming the streets (who probably cannot issue this sort of ticket anyway) are people supposed to call 911?   Shall we hire a few new foot cops to patrol B'way and the Avenew?

Comments

[Ram Emanual]

Ricardo manned up? Wow.

[Oh the irony]

Banning hookah on Broadway would be like banning chop sticks in Millbrae.

[Timothy Hooker]

From a legal standpoint, how can a Government ban cigarettes but allow Hookah bars? This seems worse than cigarettes.

Link to some health considerations: https://publichealthlawcenter.org/sites/default/files/pdf/tclc-fs-regulatory-options-hookahs-2013.pdf

[Joe]

I think the difference is the hookahs are on private property (in the back of Society as I recall) and the ciggie ban is on public property, but your point is well taken and begs the question of why the council had to discuss hookahs at all.

[Timothy Hooker]

Great point. Wondering what legal recourse tenants renting space in the same building might have to avoid the poisonous smoke.

[The HepCat]

Hookah me up with some shisha. No flavored tabaccy in Burlingame except da hookah spot. Just the smelly stuff. No pharmacies either. When we gonna get a weed outlet?

[Joe]

Good reminder, Cat. Here's a bit of the DJ article from yesterday:

Hookah will be allowed in two Burlingame locations but prohibit pharmacies from selling tobacco products under a new ordinance approved 4-1 at the City Council’s meeting March 18.

Other retailers will be allowed to sell tobacco, but not flavored tobacco as that was banned previously. The ordinance also states new tobacco retailers or those looking to switch storefronts will also be subject to distance-based regulations under the new ordinance, including not being within 1,000 feet of youth-populated areas and 500 feet of existing retailers.

Councilmember Emily Beach was the sole no vote, citing previously established opinions that the city shouldn’t make an exemption for any type of flavored tobacco product, including hookah.

“I don’t like legislation that effects a ban on something that isn’t explicitly a ban,” Councilmember Michael Brownrigg said. “If you are effectively creating a ban but not calling it that, that sort of offends my view of how to do good legislation.”
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But Michael voted for it anyway......

There is also a ban on pharmacies selling it.....is all of Safeway a pharmacy?