BONG SHOP OWNER FIGHTING APPEAL

Mall Tenants Want Development Permit Revoked

The owner of a store that sells paraphernalia related to drug
consumption appears to have had a change of heart on whether or not he
wants to open his store.

Despite telling the Gazette in November he would be abandoning his
location at Appleyard Square, located on Akins Drive, because of
opposition from local tenants and the mayor, Blitz 420 owner Tim Kaput
appeared before the subdivision and development appeal board to fight
an appeal of his development permit by neighbouring tenants and residence.

"I just want them to make a decision," Kaput said in a brief phone
conversation Thursday.

Retailers fearing their businesses would be affected by Blitz 420 and
its clientele, as well as a few Akinsdale residents appeared before
the board Wednesday night for two hours, asking it to repeal Kaput's
permit. The board reserved its decision. It must issue one within 15
days of hearing the appeal.

Appleyard Square retailers also don't believe Kaput should have been
issued a general retail business licence. They say the store is not
general in nature and will have a detrimental impact on their own businesses.

The Gazette obtained a copy of Kaput's written submission to the board
in which he pledges to take numerous steps to deter minors, such as
using frosted windows and asking customers to present identification
to verify they are 18 or older.

"My customers are everyday hard-working people. They come and go as
they please without any problems. My customers never leave garbage in
the front or around the store."

Robbie Wood, owner of ADW Music, wondered why a "general retail store"
would need frosted windows. He also said he will continue fighting
Blitz 420 if the board rules in Kaput's favour.

"He can't open until this matter is dealt with," Wood said. "Obviously
if they don't grant our appeal, we will be looking at every possible
avenue to keep it from opening."

Even Walter Curtis, who took ownership of Appleyard Square on Nov. 1,
wants the board to revoke Kaput's permit. He explained Kaput signed a
five-year "head lease" with the previous owner that guarantees his
rent for five years. As a result, Curtis said there is little he can
do.

"I agree with the tenants in that four or five of the tenants there
are child care-oriented and evidently the story goes this fellow was
going to be selling drug paraphernalia. That's not a suitable tenant,"
Curtis said.

While Kaput wrote that his business is no worse than LB's Pub or the
7-Eleven located at the square, the strip mall is also home to three
childcare facilities, a children's art store and ADW Music, which
offers lessons to patrons predominately under the age of 17. Elmer S.
Gish Elementary and Junior High School is also located nearby.

That is why the tenants are appealing his permit, said Gloria
Dryhorub, owner of Global Child Montessori. They are concerned the
store's presence and potential clientele could keep parents and their
children away.

"I spoke about how there are so many options for parents to take their
children to preschool and I am concerned if there is a store like that
around the corner, people will not want to bring their children here,"
she said.

Mayor Nolan Crouse, who has been a vocal opponent of Blitz 420 and
similar smoke shops, declined to comment, citing Kaput's previous
threats to sue him.

City council has taken up the charge of making life difficult for such
storeowners. After receiving a confidential report Oct. 31 on all of
the city's options for dealing with smoke shops, council directed
administration in November to draft a comprehensive plan. That plan is
due before council on Dec. 19.