Legal Question in Business Law in California

Opening new business, city said no!

Hello, I live in Solvang, CA. I wanted to open up a Cigar Bar to sell cigars, cigarettes and tobacco related products and let the purchaser smoke the cigar in the store. Today the city called and said I can't. They have a city law that says Hookah bars and head shops are not allowed in the tourist areas.

I'm selling NO drug paraphernalia or pipes so I am not a Head Shop (defined by city). The city defined a Hookah Bar as ''an establishment where patrons share shisha from a communal hookah which is placed at each table''. This is not me and I will not sell hookahs.

I am wanting an up scale cigar establishment and they are trying to label me as a Hookah bar or Head shop. The city law says that smoking is allowed in Tobacco Establishments. it says'' Establ. devoted to the exclusive sale of tobacco or tobacco related products.''

Any help would be great. My city wants people here to live in a perfect glass bubble with perfect shops. Anything that is not normal is stuck in an industrial area outside of the city. The laws say nothing about a Cigar Bar / Tobacco Shops?

Thanks,

-Lars


Asked on 3/11/09, 11:38 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Opening new business, city said no!

You have the right to appeal the decision through an administrative process with the city, and to take legal action if that doesn't work. If you don't fall into that prohibited category, they can't make the denial stick. I'm glad to see someone try to keep freedom to smoke cigars alive. I'd be happy to help you. Your problem is the potential time delay it could take to get this fought all the way through the administrative steps and legal system. However, the first step is having your attorney present a demand/threat of litigation letter to the city, pointing out their errors and their risks. If that works, you don't invest much money in fees. Feel free to contact me if serious about getting help.

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Answered on 3/12/09, 1:11 pm


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