AUGUST 13, 2009 ISSUE
Smoking Ban Creates Unintended Consequences
Koncepts Co-Owner Travels To Raleigh To Try and Save Business
The new smoking ban that takes effect in January 2010 is a cause for concern to Connor McGrath and Jesse Kellogg, co-owners of Koncepts, a hookah bar in downtown Boone.
“We’re afraid this might shut us down,” said McGrath.
The new law is intended to “protect the health of individuals in public places and places of employment and riding in State government vehicles from the risks related to secondhand smoke.” McGrath has no objection to the smoking ban’s effect on restaurants and bars, but feels that hookah bars should be exempt, like cigar bars.
“We feel that we have a legal and legitimate business,” he explained. “[Hookah] is an adult product, we don’t sell to kids.”
In effort to save his small business, McGrath went to the state legislature in Raleigh and gained the support of Rep. Cullie Tarlton (D-93), who is a supporter of the smoking ban, but according to McGrath, was willing to help because the ban’s affect on hookah bars was unintended.
Over the course of two weeks, McGrath, his business partner and other supporters got an exemption for hookah bars added to the bill and discussed in both the Ways and Means and Judiciary committees, a frustrating process for McGrath as, “we weren’t allowed to speak at these meetings because we had a financial interest.”
The exemption clause was altered in both committees, adding a grandfather clause that would prevent other hookah bars from opening and current hookah bars from changing locations or being sold, and restricting hookah bars that sell alcohol from allowing entry to anyone under the age of 21.
Because a big part of Koncepts’ sales are in tobacco from 18 to 21 year olds, the changes made in the committee hearings would be detrimental both to Koncepts and to the many other hookah bars across North Carolina that sell alcohol. McGrath, though appreciative of the support he received, decided to pull the bill as the changes would still make it impossible for his business to be successful. “We’ll deal with the smoking ban as is,” he said. “We welcome regulation with open arms, we just want to make sure it is the right regulation.”
Because more than 60 percent of Koncepts’ sales are tobacco, it is considered a tobacco store, one of the few public places that smoking is still allowed. “We need to hire a lawyer and talk to North Carolina’s attorney general,” said McGrath, but added that he hopes that Koncepts will be unaffected by the smoking ban. He is in the process of planning a second attempt to ensure the continued success of his business in May. “The battle is not over, the general assembly of North Carolina is going to hear from the hookah industry again,” he said.
To find out more, contact McGrath or Kellogg at info@konceptshookah.com.
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