CITRUS HEIGHTS: NO NEW SMOKE SHOPS

Council Adopts A Temporary Ban On Stores That Sell Pipes, Tobacco.

Citrus Heights officials have put the brakes on new smoke shops after
reviewing a proposal they say is the wrong idea in the wrong place at the
wrong time. On Feb. 9, the City Council unanimously adopted an urgency
ordinance establishing a moratorium on opening new stores selling tobacco
and tobacco-related products - including a long list of pipes and other
equipment that could be classified as paraphernalia used to smoke
marijuana, crack cocaine and methamphetamine.

Janet Ruggiero, city community development director, requested the
moratorium after reviewing a business license application for a new smoke
shop proposed at 6244 Greenback Lane. That address is a few doors down from
the site of a proposed medical marijuana dispensary that is pending city
approval. Further, Sacramento-area businessmen Josh Avila and Brandon
Cronkhite want to call their new venture Up In Smoke, also the title of one
of the more notorious Cheech and Chong comedy movies from the 1970s
featuring excessive marijuana use.

"The city currently does not restrict the location and operation of such
uses," Ruggiero's report to the council stated. "Once the city has
completed its study of the potential impacts of smoke shops, it may then
amend its land-use regulations to restrict the location of such uses and
impose any other reasonable restrictions that it deems necessary."

Avila and Cronkhite said they were blindsided by the city's action and did
not know their proposed business would be near a medical marijuana shop.

Ruggiero said the location was a challenge for the city and a surrounding
neighborhood on edge about the marijuana dispensary and other businesses
along Greenback Lane, near Auburn Boulevard.

City officials realized that they have little on their books governing such
potentially contentious business uses.

Cronkhite addressed the council Feb. 9. He said concerns about sales of
potential paraphernalia were being exaggerated. In addition to tobacco, the
shop's main smoking equipment would be stylized glass pipes blown by his
uncle, who is an artist, Cronkhite said.

The shop also would sell tobacco grinders and a small selection of high-end
water pipes in addition to hats, T-shirts and other items.

"This is my first business that I am trying to open," Cronkhite said. "We
are not looking to make the city look bad by any means."

But city leaders are dubious.

"I have a concern about this business location right next to the medical
marijuana dispensary," Vice Mayor Jeannie Bruins said.

Councilman Jeff Slowey said he graduated from University of California,
Berkeley, and he had never heard of a water pipe actually being used to
smoke tobacco.

"We have enough smoke shops in Citrus Heights," said Councilman James
Shelby, indicating that he also thought the location was a bad choice.

In a telephone interview Thursday, Avila said the city's action stymied
plans for Up In Smoke.

"There is really not much we can do about it," Avila said.

Although he has seen the Cheech and Chong movie, he did not think city
officials would make an issue about it. Another flourishing smoke shop,
just across Interstate 80 on Elkhorn Boulevard, is called "Still Smokin,' "
the name of another Cheech and Chong movie, Avila said.

Avila, who said he was ready to open the business, holds the lease on the
shop space, but he is unsure if he can hold out until the city takes
further action.

"We bought a whole bunch of inventory," Avila said. "It is still sitting in
boxes."

Ruggiero characterized the situation with Up In Smoke as a location issue,
and area residents have become vocal about the types of businesses they
believe should be allowed along Greenback Lane.

"I think their concern is that the city needs to pay more attention to that
area, because it is a gateway," Ruggiero said.

City officials will try to craft an ordinance focusing on appropriate
locations for such businesses. Recognizing that several so-called "head
shops" are operating in the city, the ordinance might be crafted to govern
the type of merchandise that can be sold.

Sheriff's Capt. Bob Landry, Citrus Heights' police chief, said state health
and safety codes governing paraphernalia are not well-written and can be
difficult to apply.

For example, although smoking equipment can be considered paraphernalia if
it is used to ingest crack cocaine or methamphetamine, the statutes are
less precise when it comes to smoking marijuana.

A suspect can be charged with possession of paraphernalia if cocaine or
methamphetamine residue is present on a pipe or if the object is homemade
and clearly intended for use with illegal drugs.

Broken light bulbs and baby food jars equipped with straws and copper wire
cleaning pads are examples of homemade smoking devices.

Smoke shops are allowed to sell glass pipes and other devices as long as
the rooms are separated from the rest of the business, tobacco also is sold
and people younger than 18 aren't allowed in, Landry said.

"In my 28 years of law enforcement, I have never seen anyone use those
devices for smoking tobacco, but you could use them for that if you wanted
to," Landry said.