Bid to open hookah bar hits barrier

By Owen Boss

Staff Writer

NORTHAMPTON - A hookah bar that was nearly ready to open on Main Street received a setback after the Board of Health reversed course Thursday, following the advice of the city's lawyer.

The board had voted 2-1 in May to grant an exemption to the city's no-smoking regulations, allowing three Hadley men to open a hookah bar. But City Solicitor Janet Sheppard recently told the members that their decision was improper because they failed to set standards for such establishments when they approved the opening of one.

She told the board their decisions relating to The Den, a bar set to open at 122 Main St., are "null and void."

That puts the three men looking to open The Den out the money they spent to install a ventilation system and make other renovations to the space underneath Pinocchio Pizzeria.

The Den owners, Christian Rahn, 24, Victor Quinn, 25, and Scott Radner, 25, all former University of Massachusetts students, were at the board meeting, and declined to comment afterwards. They did not speak at the meeting. Hookah, or water pipe smoking, has deep roots in the Middle East and India, where it has been practiced for centuries. The hookah is a tall, water-filtered pipe designed for the smoking of sweet tobacco.

Apart from private clubs, it is illegal to smoke in public establishments in Northampton, such as bars, restaurants and nightclubs. The board's approval had been based on the notion that the business would cater only to smokers, and would not expose someone to smoke who didn't want to be.

At their meeting Thursday the board members voted 2 to 1 to write new guidelines as part of the city's tobacco bylaws, a change that requires a public hearing. Board member Donna Saloom voted against the measure, saying she'd rather see the application scratched entirely.

Board Chairman Dr. Jay Fleitman suggested any hookah bar guidelines follow the regulations the owners of The Den were forced to follow.

"I think we could draft up something legally acceptable and base it on the restrictions that these folks had to conform to and make those the standard," said Fleitman.

He also said the board has an obligation to Rahn, Quinn and Radner, who acted "on good faith" after the board's May vote.

But board member Dr. Suzanne Smith countered that the owner's financial investment cannot be a factor in their decision.

"I want to make it clear that although you had a positive vote before, we've been told that everything up to now is null and void, and there is no guarantee that the outcome will be the same," said Smith. "We represent the public, and we would have to respond to their decision."

Smith said she expected a public forum would draw a significant response from the general public, and would require a large hall for the meeting.

"I think this is going to be an issue that will prompt a lot of public comment and we will have to respond based on what the public says," she said.

Health Director Xanthi Scrimgeour, meanwhile, said she would write a draft of a bylaw amendment and present it to a lawyer.

The public hearing will be held sometime next month.

Owen Boss can be reached at oboss@gazettenet.com.