CONCORD, MERCHANT AT ODDS OVER SMOKING ITEMS

City Wants Gypsy Trader Closed, But Owner Say He Has The Right To Stay In
Business

CONCORD -- One day after planning commissioners denied a retailer's
application to sell tie-dye T-shirts, posters, and pipes that can be used
for smoking marijuana, Gypsy Trader remained in business Thursday, its
owner vowing to appeal to the City Council.

Khalid Raz, whose family owns similar stores in Berkeley, opened his shop
at 1500 Monument Blvd. in late May. When the city learned Raz had a
separate section offering a variety of glass, metal and ceramic pipes that
can be used to smoke marijuana, city planners ordered him to close the store.

Planning commissioners upheld the decision Wednesday night with a 4-0 vote.
Commissioner Marygrace Puchac was absent.

"It's a kind of business we don't particularly like to see in Concord,"
said Commissioner Joe Moran. "We're trying to upgrade the Monument
corridor, and they're selling drug paraphernalia in the store."

Raz had received by mistake a draft letter from the city approving his
business. He said it prompted him to invest $25,000 to remodel the store in
the Monument Plaza Shopping Center.

"These are legal products I'm selling," Raz said Thursday. "My intent is
not to sell these products for drugs. These pipes are legal … and it's my
First Amendment choice to sell these products."

Moran and city planners did not dispute the legality of the pipes, only
that the business would not enhance the Monument corridor.

"I'm not going to encourage that kind of business in Concord," Moran said.

Moran said he was unaware that another business in the middle of downtown
Concord, Generation Rock, also offers similar pipes and a variety of other
goods, including posters, T-shirts and jewelry.