mattarios2 Posted July 12, 2007 Share Posted July 12, 2007 I hope I am posting this in the right forum, anyways ... I live In massachusetts and am looking to open a hookah bar, after being a hookah user for quite some time now. I have called multiple town halls and board of health departments and they are all telling me that even though the massachusetts law is that a hookah bar is allowed as long as 51% of the revenue comes from the sale of tobacco, they are all denying me, saying that it can't and wouldn't happen. I've called the Fall River, New Bedford, and Fairhaven town hall, as well as the taunton town hall, wareham, and bridgewater town hall. Now how is it fair that they can deny a business idea, that technically should be legal, and the state says it is allowed as long as regulations and rules are followed, it is a tradition and it makes no sense to me. Can anyone help me out here or does anybody have any ideas? I have all of my business plans, and I can get a loan at anytime, and have found a building for rent, I just need approval for indoor smoking. The town I am looking to open it in is large and is sandwiched between 2 colleges. In this same town there are 3-4 cigar smoke shops that allow indoor smoking ... (i am assuming they were grandfathered in)Any ideas?I appreciate your time and responses ....Thanks,John Link to comment Share on other sites More sharing options...
ahwahoo2006 Posted July 12, 2007 Share Posted July 12, 2007 I would find the exact wording of the law, then start bothering local officials and working up to your representative or senator. Keep records of everything. Link to comment Share on other sites More sharing options...
mattarios2 Posted July 12, 2007 Author Share Posted July 12, 2007 QUOTE (ahwahoo2006 @ Jul 12 2007, 04:19 PM) <{POST_SNAPBACK}>I would find the exact wording of the law, then start bothering local officials and working up to your representative or senator. Keep records of everything.Here is the link to my states concerns and information on a smoking bar ... http://www.mass.gov/?pageID=dorterminal&am...1&csid=AdorIt says it is allowed as long as 51% of the revenue comes from tobacco ... but the town halls "claim" that they can make the rules more strict from town to town, can they really do that? I would think all they could do is take the form have a town meeting for votes etc. etc. and then from the votes it either goes through or doesn't go through ...more advice would be much appreciated, I am only trying to spread the best smoke there is out there.Thanks Link to comment Share on other sites More sharing options...
ahwahoo2006 Posted July 12, 2007 Share Posted July 12, 2007 I am not a lawyer, and so such, I would recommend you look into retaining one. There's a few hookah bar owners around who could also probably give better advice. Link to comment Share on other sites More sharing options...
aldonb1 Posted July 12, 2007 Share Posted July 12, 2007 (edited) i believe that towns can indeed make stricter laws based on previous ones, but they may not weaken the law Edited July 12, 2007 by aldonb1 Link to comment Share on other sites More sharing options...
mushrat Posted July 12, 2007 Share Posted July 12, 2007 funny you should ask..try here...http://www.hookahforum.com/index.php?showtopic=11575&hl= Link to comment Share on other sites More sharing options...
mattarios2 Posted July 12, 2007 Author Share Posted July 12, 2007 QUOTE (mushrat @ Jul 12 2007, 06:39 PM) <{POST_SNAPBACK}>funny you should ask..try here...http://www.hookahforum.com/index.php?showtopic=11575&hl=HMMM, some good info there, but i think locally all the towns are going to deny me. :-\ Link to comment Share on other sites More sharing options...
JonDubya Posted July 13, 2007 Share Posted July 13, 2007 Lawyer.And consult the Cigar bars. Link to comment Share on other sites More sharing options...
Sonthert Posted July 13, 2007 Share Posted July 13, 2007 Yeah, many states have laws that municipalities will strengthen. Take for instance, booze. Its legal to buy booze if you are 21 or over in the U.S.. States may make more stringent laws. In Tennessee, the same law applies. In some counties of Tennessee, there are dry counties, Jack Daniel's Distillery is in one of them. It is conceivable that there could be a moot state law that you are relying on...every county in Massachusetts could have passed more stringent laws. When you call these local offices, quote the state law and ask them if there's a local ordinance that is more stringent. If there is, ask them what it is and where it is and to send you a copy of it. Ask their name and get an address, keep asking questions. Don't let them go until you understand everything you want to know. Link to comment Share on other sites More sharing options...
Silent Knight Posted July 14, 2007 Share Posted July 14, 2007 it seems you have your solution to the problem, only have a hookah lounge that generates + 50% in in-house tobacco sales. Unfortunately we have a fairly ignorant public, and smoking bans are all the rage. Even here in Virginia the first county has fallen, and with it hookah lounges. The future of the hookah lounge is probably going to rely on you not serving food (so as not to be zoned as a restaurant), or probably any prepared food. If you can do that you shouldn't have any problems, other than an ignorant police force checking in on you every other night, and the local tax officials, county officers and inspectors, and even the fire marshal checking every little thing you do, waiting, expecting, and wanting you to fail every step of the way...sorry for the rant.Seriously, it's not all fun and games But back to your original point, make sure whatever type of hookah establishment you want to open will fit into the law before you go any further. If it won't, go back to the drawing board, chances are you'll have to rework some things to make it fit. Link to comment Share on other sites More sharing options...
Sonthert Posted July 15, 2007 Share Posted July 15, 2007 I think food and tobacco should be kept separate. Tobacco is poisonous, after all. Link to comment Share on other sites More sharing options...
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