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HomeMy WebLinkAboutKazi full fileSHADIKA KA2I (206) 518-8320 THE UPS STORE #2728 13036 SE KENT KANGLEY RD KENT WA 98030-7965 0.1 LBS LTR 1 C SHP WT: LTR DATE: 22 MAY 2018 SHIP RENTON CITY CLERK OFFICE 7TH FLR TO: RENTON CITY HALL CITY HEARING EXAMINER 1055 S GRADY WAY '0. w Y.% *so W!fs so Wow x#� WA 980 9=02 0 s to 00, • J%%. , I A�ww UPS 2ND DRY AIR V , TRACKING #: 1Z 469 29Y 07 0146 17582A YID IIII�In�NVIIVII BILLING: P/P 16H 13.99H ZZP 469 99.6V 94I2616 is oftia0ifiry.Wherealrowabylaw, mweiaumar-UPS to act iawardingagnto,espmtCOWNW., maUes'WoogyorsftwreWmnaEbMocwreegweJhmMeUSlnttr.anwMMeEpaM Ftatla RRDN2 7 Ma 18 2018 2018 t.'," OF IRENTON MAY 23 2013 97D5� Y> RECENED (�'' 0TY CLERK'S OFFICE 6-� mY Dear City of Renton Administrative Services Administrator and City Hearing Examiner, Subject: Appealing for renewing business license for Kazi's Hookah Lounge LLC (BL.041328). This is a letter of request to take a reconsideration of your decision for Kazi's hookah lounge. Kazi's has been opened in Renton City since June 2015. Recently Renton City has made some changes to business licensing service. For example, online application for renewal. When I found the email, at first I wasn't sure of it then, Mrs. Linda Weldon personally emailed me about the renewal application. I tried many times to obtain my renewal business license online but I couldn't. After that, I decided to go in person to obtain the renewal license. Both I and Mrs. Weldon wouldn't figure it out. Mrs. Weldon told me "it's under review this is why the system is not allowing it to process." Since then I waited few weeks to get an answer back from Mrs.Weldon regarding "Under review process". While I was waiting, I tried to renewal my business license one more time, and it worked. Finally I figure it out how to apply online. I applied for the renewal license and paid of the amount dues as well so I applied and summited business license renweal for Kazi's Hookah Lounge. Then, one week later, on April 19, I heard back from Mrs. Weldon. On the email, it discussed about whether or not my business should be given a renewal license based on the violationed noted from Health department. Based on the health department notes, during 2017 to 2018 as violation has been noted, "Open to public and employee zone" Open to Public "Membership Private Club" —Must keep record of membership list. I have been collecting memberships since the first day Kazi's Hookah Lounge opened. It was storing on my register system. The system has information about a member name, phone number, and date as the membership was created. I have been collecting the membership fees as well. Then later a new law passed to have application forum. Sometimes I would run out of the paper application forum. Although, I ran out of paper application forum, we still had the system where it storage all membership list. The forum online also has name, phone number, date signed up to end date. It doesn't have any other special instruction. I can find easily someone with their name or phone number. This was demonstrated to Fel Pajimula from Health department. He was satisfied with this but still prefers paper application process as well. On October 30th 2017, Mr. Pajimula wanted to know many current memberships is active and he would like to see if I can find a system that would demonstrated that. I told him I would send this file to him to his email on a excel file which can demonstrate on excel. I have sent the files on 10/31/2017. Later on, 04/05/2018 when Mr. Pajimula visited us, I have started a service system for membership which can make very easy for Mr. Pajimula to see how many members. A member would punch in the number and his or her information will come up and it will show if the membership is active or not. If it is not we can ask them to renew their membership. As you can see, we are making progress and following the instruction from health department and trying to come up with better a solution that will work for both of us. So I am not sure why I am in violation when I am actually trying as much as I can to improve and make a system that will work. I am also carrying paper application at all time now as requested by Mr. Pajimula. No Employee Zone The next subject was mention "Having employees". Belly dancer or DJ teddy both carried a membership. I did not hire any of them to do any performance. Dj Teddy likes to practice on his own and he wants to build his clients. He only has done this once or twice for fun. Belly dancers were part of private event celebration. Victor Cassarez, Karamvi Parhar and Sangram Parhar (refer as "Sunny") are all on business license for Renton and Kent Hookah Lounge. They all have been on the Business License for almost 1 year now as being a partner. June 2015, I was given my license for hookah lounge without a question or obligation. Then I was told 10 months later that City made to mistake to hand me the license since Mayor declare war on 11 hookah lounges; even thought, I was not part of any violation and neither my business name was listed on the 11 names of the hookah lounge. I was operating without any violation, no calls for 911 still I was target because the city of Renton will follow the Mayor decision on Hookah Lounge. I almost lost my business. I was going to close my door. I was making no money in both restaurant and Hookah lounge. I was fighting to survived everyday by myself. And then when I came to renew my business license I had sign some agreement to obey the laws of the Mayor if it goes through. Then later, Mayor made a settlement with all 11 hookah lounges to let hookah lounges remain open due to our "Racial Equity Rights". Hookah is our culture and this is who we are. Hookah came from many countries such as Indian, Bangladesh, Persia, Egypt, Russia, Bosnia, Africa, Jamaica, and Middle Eastern etc. I feel like every time the city has problem with 1 hookah lounge and targets all of them. Mrs. Weldon told me "since the other hookah lounge Nomads Hookah Lounge caused too much problem we are not sure if we can allow your hookah lounge to operate here in Renton". Nomads Hookah Lounge was close officially in September 2017. I shoudln't be targeted because of other business owners doesn't know how to run their business. Also not all the bars, club, and gas station gets close down because of that one bar had problem. You can't blame all the group of people just because of a person or single establishment keep making mistake. We cannot target all people. Hookah lounge is not to blame for "people who are looking for trouble or wants to make trouble". We are simply trying to bring our culture back. This is a place where they can stay connected to their culture. Just imagine for a second, so many younger, mid age and older people are becoming part of the social enviorment instead of selling drugs on street. 2 Compare to any other hookah lounge, we are the most strict hookah lounge. When we see any suspicious person driving by or observing our business, we inform to Sandra Havlik Renton City Criminal prevention and other police department to keep a good eye. That way, before something happen we can be aware of it. We are ahead of everything about making sure the safety of our clients. Our clients understand our rules and kindly respect us. They also follow all the rules and regulation of the lounge. For example, members doesn not stay outside in the parking lot and they keep outside clean environment. We use this establishment for social gathering. We also bring our culure and share it with the world. Renton city close down the other hookah lounge name "Nomads" due to many violence, complains, shooting and fights. If I was the business owner of that lounge I would have close down long time ago because If I cannot control my own business and why should I have a business? The decision was right. However, closing down my business due to the fact of the other hookah lounge is close? It is not right and very unfair. If I have any violation, these violation can be fix or corrected with help from city and health department. But ofcause working everyday becomes harder for a business owner to accomplish these goals. Hookah is all over the world. It has been around for many generations. Hookah can be seen almost every country now. In those countries you can have hookah publicly inside a restaurants while kids are around, malls, outdoors, bars, clubs, lounges, house parties etc. In California, Dallas, New York, Florina, and other States I have visited, I always look for hookah lounges and visit their establishment. I was able to smoke publicly and employees were on sites as well serving hookah, taking orders, and performing other duties while they have the same State Law for "Smoking is prohibited in workplace and 20 feet away". I would like to inform you this is my 2nd mail for appealing your decision. I have send out a mail on the 05/01/18 overnight shipping UPS to get to Renton City Clerk Office on address 1055 South Grady Way, Renton WA, 98057. The mail was not being delivered on timing manner since there was no suite number given to me. Further decision, I had with the UPS also said, "They had to wait until May loth to receive a suite number from Renton Clerk office otherwise the mail would have been deliver on May 2nd.11 I understand health department want us to improve our system more effectively. We could do that by arranging a meeting where we can seat and make some suggestion to improve our system moving forward. As far as now I am keeping both paper application and membership counting system. As well, the partners are on license and it has been almost a year now. I am kindly asking to have any future letter or mails to be send electrically on my email Kazishadika@gmail.com and a hard copy to be send on my mailing address 12233 SE 259th PL, Kent, WA 98030. Sincerity, Shadika kazi Owner of Kazi's Hookah Lounge LLC Kazishadika@gmail.com 206-518-8320 Denis Law Mayor Administrative Services Jan Hawn, Administrator Via First Class Mail With a Copy sent Via Certified Mail, Return Receipt Requested And a Copy Sent Via Electronic Mail to kazishadika@gmall.com May 15, 2018 Ms. Shadika Kazi Kazi's Hookah Lounge, LLC 111 Airport Way Renton, Washington 98057 RE: Kazi's Hookah Lounge, LLC, 111 Airport Way, Renton, WA 98057 Appeal Decision: Order Affirming Denial of Request to Renew Business License No. BL.041328 and Affirming Order to Close Business DEADLINE TO APPEAL: June 4, 2018 Dear Ms. Kazi: This responds to your letter titled "Subject: Appealing for obtaining a renewal license for Hookah lounge" concerning Kazi's Hookah Lounge LLC dba Kazi's Hookah Lounge, located at 111 Airport Way, Renton, Washington 98057 ("Kazi's"). (Your letter is hereinafter referred to as the "Appeal.") The Appeal responds to the City of Renton's ("City's") April 19, 2018 letter denying Kazi's request to request to renew its Renton business license number BL.041328 and ordering the business to close. This letter constitutes the appeal decision of the City's Administrative Services Administrator ("Administrator"). To begin, May 2, 2018 was the deadline for Kazi's to submit the Appeal to the City, but the City did not receive the Appeal until May 10, 2018. The late submission was seemingly due to an incomplete address given to UPS, the carrier. The City is not rejecting the Appeal for untimely receipt, but it does not waive its right to require that any future submissions be timely made. Pursuant to Renton Municipal Code Section 5-5-3.G.7, the Administrator has determined that Kazi's is not exempt from the City's business licensing requirement, Kazi's does not have a 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Ms. Shadika Kazi Page 2 of 2 May 15, 2018 currently valid business license, and not all of Kazi's violations have been cured. For these reasons, the Administrator hereby enters an order affirming the order to close the business. CRITICALLY IMPORTANT REGARDING APPEAL RIGHTS; REVIEW CAREFULLY. Pursuant to RMC 5- 5-3.13.7, you have a right to appeal this order to the City's Hearing Examiner. June 4, 2018 is your deadline to appeal this order. If you choose to appeal, you must serve a written notice of appeal on the City's Hearing Examiner by delivery to the Renton City Clerk's office, 7th floor Renton City Hall, 1055 South Grady Way, Renton, WA, 98057 on or before the June 4, 2018 deadline. If you do not timely file a written notice of appeal, the business must close. Sincerely, Jan Hawn Administrator, Administrative Services Department cc: (all via e-mail) Public Health — Seattle & King County [Attention: Scott Neal (Scott.Neal@kingcounty.gov), Mariel Torres- Mehdipour (Mariel.TorresMehdipour@kingcounty.gov), and Fel Pajimula (Fel.Pajimula@kingcounty.gov] Denis Law, Mayor Bob Harrison, Chief Administrative Officer Chip Vincent, Community & Economic Development Administrator Shane Moloney, City Attorney Leslie Clark, Senior Assistant City Attorney Alex Tuttle, Assistant City Attorney Donna Locher, Lead Code Compliance Officer Linda Weldon, Accounting Assistant 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Cvnthia Mova From: Cynthia Moya Sent: Wednesday, May 23, 2018 11:52 AM To: Shane Moloney, Jan Hawn; Jamie D. Thomas; Kari Roller, Terri Weishaupt; Linda Weldon Cc: Jason Seth; Phil Olbrechts; Megan Gregor Subject: Kazi Request for Reconsideration Attachments: Kazi Hookah Lounge Request.pdf I have received the attached Request for Reconsideration for renewing a business license from Shadika Kazi, owner of Kazi's Hookah Lounge, LLC. on May 23, 2018 at 9:05 a.m. by UPS mail. Thank you, Cindy Moya, City Clerk Specialist City of Renton - Administrative Services/City Clerk Division cmova@rentonwa.gov 425-430-6513 CITY OF RENTO MAY 23 2018 ��� May 18, 2018, 2018 RECEIVED 64 y►' CITY CLERKS OFFICt LX-Ps � Dear City of Renton Administrative Services Administrator and City Hearing Examiner, Subject: Appealing for renewing business Iicense for Kazi's Hookah Lounge LLC (BL.041328). This is a letter of request to take a reconsideration of your decision for Kazi's hookah lounge. Kazi's has been opened in Renton City since June 2015. Recently Renton City has made some changes to business licensing service. For example, online application for renewal. When I found the email, at first I wasn't sure of it then, Mrs. Linda Weldon personally emailed me about the renewal application. I tried many times to obtain my renewal business license online but I couldn't. After that, I decided to go in person to obtain the renewal license. Both I and Mrs. Weldon wouldn't figure it out. Mrs. Weldon told me "it's under review this is why the system is not allowing it to process." Since then I waited few weeks to get an answer back from Mrs.Weldon regarding "Under review process". While I was waiting, I tried to renewal my business license one more time, and it worked. Finally I figure it out how to apply online. I applied for the renewal license and paid of the amount dues as well so I applied and summited business license renweal for Kazi's Hookah Lounge. Then, one week later, on April 19, I heard back from Mrs. Weldon. On the email, it discussed about whether or not my business should be given a renewal license based on the violationed noted from Health department. Based on the health department notes, during 2017 to 2018 as violation has been noted, "Open to public and employee zone" Open to Public "Membership Private Club" —Must keep record of membership list. I have been collecting memberships since the first day Kazi's Hookah Lounge opened. It was storing on my register system. The system has information about a member name, phone number, and date as the membership was created. I have been collecting the membership fees as well. Then later a new law passed to have application forum. Sometimes I would run out of the paper application forum. Although, I ran out of paper application forum, we still had the system where it storage all membership list. The forum online also has name, phone number, date signed up to end date. It doesn't have any other special instruction. I can find easily someone with their name or phone number. This was demonstrated to Fel Pajimula from Health department. He was satisfied with this but still prefers paper application process as well. On October 30t' 2017, Mr. Pajimula wanted to know many current memberships is active and he would like to see if I can find a system that would demonstrated that. I told him I would send this file to him to his email on a excel file which can demonstrate on excel. I have sent the files on 10/31/2017. Later on, 04/05/2018 when Mr. Pajimula visited us, I have started a service system for membership which can make very easy for Mr. Pajimula to see how many members. A member would punch in the number and his or her information will come up and it will show if the membership is active or not. If it is not we can ask them to renew their membership. As you can see, we are making progress and following the instruction from health department and trying to come up with better a solution that will work for both of us. So I am not sure why I am in violation when I am actually trying as much as I can to improve and make a system that will work. I am also carrying paper application at all time now as requested by Mr. Pajimula. No Employee Zone The next subject was mention "Having employees". Belly dancer or DJ teddy both carried a membership. I did not hire any of them to do any performance. Dj Teddy likes to practice on his own and he wants to build his clients. He only has done this once or twice for fun. Belly dancers were part of private event celebration. Victor Cassarez, Karamvi Parhar and Sangram Parhar (refer as "Sunny") are all on business license for Renton and Kent Hookah Lounge. They all have been on the Business License for almost 1 year now as being a partner. June 2015, I was given my license for hookah lounge without a question or obligation. Then I was told 10 months later that City made to mistake to hand me the license since Mayor declare war on I 1 hookah lounges; even thought, I was not part of any violation and neither my business name was listed on the 11 names of the hookah lounge. I was operating without any violation, no calls for 911 still I was target because the city of Renton will follow the Mayor decision on Hookah Lounge. I almost lost my business. I was going to close my door. I was making no money in both restaurant and Hookah lounge. I was fighting to survived everyday by myself. And then when I came to renew my business license I had sign some agreement to obey the laws of the Mayor if it goes through. Then later, Mayor made a settlement with all 11 hookah lounges to let hookah lounges remain open due to our "Racial Equity Rights". Hookah is our culture and this is who we are. Hookah came from many countries such as Indian, Bangladesh, Persia, Egypt, Russia, Bosnia, Africa, Jamaica, and Middle Eastern etc. I feel like every time the city has problem with 1 hookah lounge and targets all of them. Mrs. Weldon told me "since the other hookah lounge Nomads Hookah Lounge caused too much problem we are not sure if we can allow your hookah lounge to operate here in Renton". Nomads Hookah Lounge was close officially in September 2017. I shoudln't be targeted because of other business owners doesn't know how to run their business. Also not all the bars, club, and gas station gets close down because of that one bar had problem. You can't blame all the group of people just because of a person or single establishment keep making mistake. We cannot target all people. Hookah lounge is not to blame for "people who are looking for trouble or wants to make trouble". We are simply trying to bring our culture back. This is a place where they can stay connected to their culture. Just imagine for a second, so many younger, mid age and older people are becoming part of the social enviorment instead of selling drugs on street. VA Compare to any other hookah lounge, we are the most strict hookah lounge. When we see any suspicious person driving by or observing our business, we inform to Sandra Havlik Renton City Criminal prevention and other police department to keep a good eye. That way, before something happen we can be aware of it. We are ahead of everything about making sure the safety of our clients. Our clients understand our rules and kindly respect us. They also follow all the rules and regulation of the lounge. For example, members doesn not stay outside in the parking lot and they keep outside clean environment. We use this establishment for social gathering. We also bring our culure and share it with the world. Renton city close down the other hookah lounge name "Nomads" due to many violence, complains, shooting and fights. If I was the business owner of that lounge I would have close down long time ago because If I cannot control my own business and why should I have a business? The decision was right. However, closing down my business due to the fact of the other hookah lounge is close? It is not right and very unfair. If I have any violation, these violation can be fix or corrected with help from city and health department. But ofcause working everyday becomes harder for a business owner to accomplish these goals. Hookah is all over the world. It has been around for many generations. Hookah can be seen almost every country now. In those countries you can have hookah publicly inside a restaurants while kids are around, malls, outdoors, bars, clubs, lounges, house parties etc. In California, Dallas, New York, Florina, and other States I have visited, I always look for hookah lounges and visit their establishment. I was able to smoke publicly and employees were on sites as well serving hookah, taking orders, and performing other duties while they have the same State Law for "Smoking is prohibited in workplace and 20 feet away". I would like to inform you this is my 2na mail for appealing your decision. I have send out a mail on the 05/01/18 overnight shipping UPS to get to Renton City Clerk Office on address 1055 South Grady Way, Renton WA, 98057. The mail was not being delivered on timing manner since there was no suite number given to me. Further decision, I had with the UPS also said, "They had to wait until May 10a' to receive a suite number from Renton Clerk office otherwise the mail would have been deliver on May 2°a " I understand health department want us to improve our system more effectively. We could do that by arranging a meeting where we can seat and make some suggestion to improve our system moving forward. As far as now I am keeping both paper application and membership counting system. As well, the partners are on license and it has been almost a year now. I am kindly asking to have any future letter or mails to be send electrically on my email Kazishadika@gmaiLcom and a hard copy to be send on my mailing address 12233 SE 259a' PL, Kent, WA 98030. Sincerity, Shadika kazi Owner of Kazi's Hookah Lounge LLC Kazishadika@gmail.com 206-518-8320 Cvnthia Mova From: Linda Weldon Sent: Thursday, June 07, 2018 9:24 AM To: Cynthia Moya Subject: FW: Kazi's [PRIVILEGED] Attachments: Ltr to Kazi's Hookah Lounge - Denial and Order to Close, 4-19-18.docx; Enclosure 1 - Business license renewal notice, December 28, 2017.pdf; Enclosure 2 - Business license renewal, April 11, 2018.pdf; Enclosure 3a - Letter from Public Health, April 16, 2018.pdf; Enclosure 3b - Attachment to April 16, 2018 letter from Public Health.pdf This is the first denial letter from me. Livida.l Weadotiti Tax & License Division 1055 S Grady Way, 5t" Floor Renton, WA 98057 (425) 430-6851 Licensing@rentonwa.gov --..-Renton 0 From: Leslie Clark Sent: Thursday, April 19, 2018 12:10 PM To: Linda Weldon <LWeldon@Rentonwa.gov> Cc: Jan Hawn <JHawn@Rentonwa.gov>; Kari Roller <KRoller@Rentonwa.gov>; Shane Moloney <SMoloney@Rentonwa.gov> Subject: RE: Kazi's [PRIVILEGED] Attorney -Client Privileged Communication Hi, Linda, As discussed, we prepared a draft response to Kazi's, written for your signature. The draft letter and its four enclosures are attached. The letter is significant: • It denies Kazi's request to renew its business license and, thus, states that the renewal fees will be refunded; • It orders the business to close on May 3 unless Kazi's timely appeals; and, • It sets May 2 as the deadline for Kazi to appeal. The attached is ready for your review and, if it looks okay, signature. The letter is dated to go out today. If that timing does not work (such that the letter needs to go out tomorrow or next week instead), please let me know so that I can change the closure and appeal deadlines. Thank you! Leslie LESUE CLARK I Senior Assistant City Attorney 1055 S. Grady Way I Renton WA 98057 LClark@Rentonwa.gov 1 (425) 430-6482 From: Linda Weldon Sent: Thursday, April 12, 2018 8:59 AM To: Leslie Clark <LClark@Rentonwa.gov>; Jan Hawn <J Hawn @Rentonwa.gov> Cc: Kari Roller <KRoller@Rentonwa.gov> Subject: Kazi's Hi Leslie - attached is the return and payment summary Kazi's filed on-line yesterday. I highlighted the hours and revenue and also who checked the certification statement that all was true. Please let me know if there is anything further you need. Thank you! Tax & License Division 1055 S Grady Way, 51" Floor Renton, WA 98057 (425) 430-6851 Licensina@rentonwa.aov Denis Law Mayor I'R Administrative Services Jan Hawn, Administrator Via First Class Mail With a Copy Sent Via Electronic Mail to kazishadika@gmail.com April 19, 2018 Ms. Shadika Kazi Kazi's Hookah Lounge, LLC 111 Airport Way Renton, Washington 98057 RE: Kazi's Hookah Lounge, LLC, 111 Airport Way, Renton, WA 98057 Denial of Request to Renew Business License No. BL.041328 Order to Close Business DEADLINE TO APPEAL: May 2, 2018 Dear Ms. Kazi: This letter concerns Kazi's Hookah Lounge LLC dba Kazi's Hookah Lounge, located at 111 Airport Way, Renton, Washington 98057 ("Kazi's"). The City of Renton ("City") hereby denies Kazi's request to renew its City of Renton business license number BL.041328. Furthermore, unless you appeal by May 2, 2018, the business is hereby ordered to close on or before May 3, 2018 until all violations are cured and the business obtains a currently valid business license. Background In 2016, the City issued business license number BL.041328 for Kazi's based on your written assurances about the nature of the business: "Hookah Lounge — flavor hookah serving to only members (private, 18 and up only [sic]."' ' Cite: City of Renton business license application dated April 20, 2015, for business license issued under number BL.038904. 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Ms. Shadika Kazi Page 2 of 5 April 19, 2018 "Hookah lounge private member club."z "[Beverage, membership, hookah and tobacco fees] would be collected by the owner of the hookah lounge which is me. This is open for members only. Members do understand the problems and they don't demand too much from us."3 "This hookah lounge is going to be using tobacco free hydro herbal shisha, the king, stream [sic] stones, and liquor gel etc. This is a social gathering lounge. Hours of operation from 5pm to lam."' On December 28, 2017, the City issued the enclosed business license renewal notice stating that Kazi's business license would expire on April 30, 2018 and requiring renewal action by January 31, 2018. On April 11, 2018, you requested renewal by, among other things, paying annual fees and certifying that 4,850 hours had been worked for the nine -month period from April 1, 2017 through December 1, 2017.1 Findings that Kazi's Operates in Violation of Law and Regulations and Made False Statements Meanwhile, before the City had acted on your April 11, 2018 request to renew Kazi's business license, the City received the enclosed April 16, 2018 letter and its attachment (the "Letter") from the Tobacco Prevention Program within Public Health — Seattle & King County ("Public Health"). In the Letter, Public Health found and determined that Kazi's operates in violation of law and regulations because it is a "public place" and a "place of employment" where indoor smoking is prohibited: 1. During all four of Public Health's enforcement inspections, the inspector "witnessed multiple pipes being smoked inside the establishment and also determined that the establishment was operating both as a public place and as a place of employment;"6 2. "[Kazi's] has been operating and continues to operate both as a public place and place of employment and therefore must prohibit smoking;" and z Cite: City of Renton business license application dated May 31, 2017, for business license issued under number BL.041328. 3 Cite: Letter from Shadika Kazi, received by Renton on October 8, 2015. ° Cite: Letter from Shadika Kazi, dated June 15, 2016. 5 Cite: April 11, 2018 renewal submittal, enclosed. 6 The Letter's attachment, the "Case History Report," documents the findings supporting Public Health's conclusion that Kazi's was operating as a public place and as a place of employment. LOSS South Grady Way, Renton, WA 980S7 • rentonwa.gov Ms. Shadika Kazi Page 4 of 5 April 19, 2018 In addition to the above indications that Kazi's operates as a public place and a place of employment in contradiction to your statements that Kazi's would be a private, members -only club with no employees, the hours posted on Facebook state that the business operates from 3 p.m. to 1 a.m., contradicting your statement to the City that Kazi's would not open until 5 p.m." Denial of Reauest to Renew Business License and Order to Close Business The Renton Municipal Code authorizes the City to deny and/or revoke a business license when the business or the business license holder "violates state or municipal law or any health regulation." RMC 5-5-3.G.5.a.v. The City may also deny and/or revoke a business license when the business license holder "makes false statements or misrepresentations or fails to disclose material facts to the City." RMC 5-5-3.G.5.a.iv. As detailed above, Public Health determined that Kazi's operates in violation of law and health regulations, and the City determined that Kazi's representatives made false statements or misrepresentations or failed to disclose material facts to the City. These are the bases upon which the City denies Kazi's request to renew its business license. Because the City denies the renewal request, the City will be issuing a full refund of the renewal fees paid by Kazi's. The Renton Municipal Code also authorizes the City to order a business to close if (1) the business is operating without a valid business license or (2) the business violates any provision in RMC 5- 5-3.G.5. See RMC 5-5-3.G.7. Here, the City's order to close the business is made on both of these grounds. First, because the City denies your request to renew Kazi's business license, Kazi's will no longer hold a valid business license after the April 30, 2018 expiration of the current business license.12 Second, for the reasons explained above, Kazi's is operating in violation of RMC 5-5- 3.G.5.a.v and RMC 5-5-3.G.5.a.iv. Please note that in ordering the business to close, the City does not waive any other or additional cures and penalties available to the City. CRITICALLY IMPORTANT REGARDING APPEAL RIGHTS• REVIEW CAREFULLY. Pursuant to RMC 5- 5-3.G.7, you have a right to appeal. May 2, 2018 is your deadline to appeal the denial of your request to renew Kazi's business license and/or the City's order to close the business. If you choose to appeal, you must serve a written notice of appeal addressed to "Administrative Services Administrator, City of Renton." Your written notice of appeal must be received by the Renton City Clerk's office, 1055 South Grady Way, Renton, WA, 98057 on or before the May 2, 2018 deadline. Your written notice of appeal must provide information proving that the City's basis for its actions was incorrect. u Facebook post referenced in above footnote lists hours as "3:00 PM —1:00 AM." 12 See also RMC 5-5-3.A.1("No person shall engage in Business unless such Business is authorized by a valid City of Renton general business license"). • 10SS South Grady Way, Renton, WA 98057 • rentonwa.gov Ms. Shadika Kazi Page 3 of 5 April 19, 2018 3. "[Kazi's] normal daily operations have consistently been in violation of RCW 70.1601 and KC BOH 19.03."$ Public Health's determination that Kazi's is operating as a public place and place of employment is consistent with information directly available to the City. The business license renewal information provided to the City on April 11, 2018 suggests that Kazi's is a "place of employment" because it has employees. Kazi's reported that the hookah lounge logged 4,850 hours as "worked" during the nine -month period from April 1, 2017 through December 31, 2017. The reporting of this many hours over a nine -month period suggests that the hookah lounge maintains employees. Reviews posted on Yelp! indicate that Kazi's is a "place of employment" because it has employees. For example:9 o "Great service — owner (Sonny) & staff are welcoming and show they value your business." Excerpt from review dated January 13, 2018. o "[F]riendly and helpful staff." Excerpt from review dated September 2, 2017. o "Security is on their game, knows who and who not to let in... the lady that helped me was fast ... just like all the guys behind the counter..." Excerpt from review dated August 27, 2017. • Reviews and other information posted on Facebook indicate that Kazi's is a "public place" and a "place of employment" because it is used by and open to the public, has employees, and hosts live entertainment. For example:lo o "Friendly staff, good environment to just sit and relax, play some pool and listen to good music." Excerpt from post dated September 17, 2017. o Advertisement for "Saturday belly dancer show @10pm at kazi's hookah lounge," dated August 14, 2017. - Posted images of a belly dancer are dated August 20, 2017. - Additional posted images of a belly dancer are dated January 11, 2017. o "It was chill... i [sic] really liked the setting and the employees were coo [sic]..." Excerpt from post dated February 28, 2017. o An image of a DJ setup (showing an arm extending toward a turntable) is labeled "DJ Teddy," dated February 18, 2017. RCW 70.160.030 provides that "No person may smoke in a public place or in any place of employment." s Chapter 19.03 of the King County Board of Health Code is known as the "Smoking in Public Places Regulations." 9 Reviews posted at https://www.yelp.com/biz/kazis-hookah-lounge-renton-2 (last visited: March 28, 2018). 10 Information available from https://www.facebook.com/pg/kazishookahlounge/posts/?ref=page_internal (last visited: March 28, 2018). 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Ms. Shadika Kazi Page 5 of 5 April 19, 2018 If you do not timely file a written notice of appeal that satisfies the foregoing criteria, the business must close on or before May 3, 2018 until all violations are cured and the business obtains a currently valid business license. Sincerely, Linda Weldon Accounting Assistant Enclosures: 1. December 28, 2017 business license renewal notice 2. April 11, 2018 business license renewal submittal 3a. April 16, 2018 letter from the Tobacco Prevention Program, Public Health — Seattle & King County 3b. Attachment to April 16, 2018 letter cc: (all via e-mail) Public Health — Seattle & King County [Attention: Scott Neal (Scott.Neal@kingcounty.gov), Mariel Torres- Mehdipour (Mariel.TorresMehdipour@kingcounty.gov), and Fel Pajimula (Fel.Pajimula@kingcounty.gov) Denis Law, Mayor Jay B. Covington, Chief Administrative Officer Jan Hawn, Administrative Services Administrator Chip Vincent, Community & Economic Development Administrator Kevin Milosevich, Chief, Renton Police Department Shane Moloney, City Attorney Leslie Clark, Senior Assistant City Attorney Alex Tuttle, Assistant City Attorney Donna Locher, Lead Code Compliance Officer 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov 1[�'; ® Denis Law Mayor Administrative Services Jan Hawn, Administrator Via First Class Mail With a Copy sent Via Certified Mail, Return Receipt Requested And a Copy Sent Via Electronic Mail to kazishadika@gmall.com May 15, 2018 Ms. Shadika Kazi Kazi's Hookah Lounge, LLC 111 Airport Way Renton, Washington 98057 RE: Kazi's Hookah Lounge, LLC, Ill Airport Way, Renton, WA 98057 Appeal Decision: Order Affirming Denial of Request to Renew Business License No. BL.041328 and Affirming Order to Close Business DEADLINE TO APPEAL: June 4, 2018 Dear Ms. Kazi: This responds to your letter titled "Subject: Appealing for obtaining a renewal license for Hookah lounge" concerning Kazi's Hookah Lounge LLC dba Kazi's Hookah Lounge, located at 111 Airport Way, Renton, Washington 98057 ("Kazi's"). (Your letter is hereinafter referred to as the "Appeal.") The Appeal responds to the City of Renton's ("City's") April 19, 2018 letter denying Kazi's request to request to renew its Renton business license number 13L.041328 and ordering the business to close. This letter constitutes the appeal decision of the City's Administrative Services Administrator ("Administrator"). To begin, May 2, 2018 was the deadline for Kazi's to submit the Appeal to the City, but the City did not receive the Appeal until May 10, 2018. The late submission was seemingly due to an incomplete address given to UPS, the carrier. The City is not rejecting the Appeal for untimely receipt, but it does not waive its right to require that any future submissions be timely made. Pursuant to Renton Municipal Code Section 5-5-3.G.7, the Administrator has determined that Kazi's is not exempt from the City's business licensing requirement, Kazi's does not have a 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Ms. Shadika Kazi Page 2 of 2 May 15, 2018 currently valid business license, and not all of Kazi's violations have been cured. For these reasons, the Administrator hereby enters an order affirming the order to close the business. CRITICALLY IMPORTANT REGARDING APPEAL RIGHTS,• REVIEW CAREFULLY: Pursuant to RMC 5- 5-3.G.7, you have a right to appeal this order to the City's Hearing Examiner. June 4, 2018 is your deadline to appeal this order. If you choose to appeal, you must serve a written notice of appeal on the City's Hearing Examiner by delivery to the Renton City Clerk's office, 7th floor Renton City Hall, 1055 South Grady Way, Renton, WA, 98057 on or before the June 4, 2018 deadline. If you do not timely file a written notice of appeal, the business must close. Sincerely, Jan Hawn Administrator, Administrative Services Department cc: (all via e-mail) Public Health — Seattle & King County [Attention: Scott Neal (Scott. Neal@ kingcou nty. gov), Mariel Torres- Mehdipour (Mariel.TorresMehdipour@kingcounty.gov), and Fel Pajimula (Fel.Pajimula@kingcounty.gov) Denis Law, Mayor Bob Harrison, Chief Administrative Officer Chip Vincent, Community & Economic Development Administrator Shane Moloney, City Attorney Leslie Clark, Senior Assistant City Attorney Alex Tuttle, Assistant City Attorney Donna Locher, Lead Code Compliance Officer Linda Weldon, Accounting Assistant 10SS South Grady Way, Renton, WA 98057 • rentonwa.gov April 16, 2018 Case History Report: KAZI'S HOOKAH LOUNGE 111 Airport Way, RENTON, WA 98057 09/08/2016: Delivery of Private Smoking Facility Guidelines (PSFG) document via standard United States Postal Service. 01/04/2017: Fel Pajimula (FP) conducted educational visit at 12:15 AM and hand delivered PSFG document Ms. Kazi and asked if she received in it via USPS mail sometime in September of October 2016. Ms. Kazi stated she did not receive the guidelines by mail. FP verified address for mailing documents. FP observed seven individuals smoking from four different hookah pipes. Since this was an educational visit only, FP did not inquire about operational details of the establishment and therefore did not make any determination as to compliance at this time. FP provided the guidelines document to Ms. Kazi and explained that future inspections would follow and compliance would be based on these guidelines. 02/23/2017: Seattle -King County Department of Public Health employee Fel Pajimula (FP) conducted an inspection of Kazi's Hookah Lounge at 11:40 PM. Prior to entry FP observed visible business name signage on exterior of the building where the business is located. FP had unrestricted access to the entrance of the business and entered from the parking lot. FP entered through the front double doors of business into the large room where hookah is smoked. A male security person inside the business approached him and verified his ID and business card and allowed him to proceed to talk to Ms. Kazi. Ms. Kazi was not able to provide any accurate membership details to demonstrate application and approval process of membership. Ms. Kazi showed FP disorganized hard copy documents that she stated were member applications but not all details were accurate (dates and other missing info was observed). Ms. Kazi was also not able to provide a total number of current members. FP observed at least 25 people smoking from eight or more hookah pipes throughout the business. FP determined that the business was operating both as a public place (lack of membership details supporting private facility) and a place of employment (security staff working inside). FP advised Ms. Kazi that due to the observations, Kazi's Hookah Lounge was in violation for not operating within the PSFG in place. 04/20/17: Notice of Violation (warning and required by statue) official mandated warning) issued via standard U.S. Mail. 06/25/17: FP conducted an inspection at Kazi's Hookah Lounge at 12:05 AM and utilized a portable carbon monoxide monitor during this inspection. FP approached the front door, entered, and spoke to a male working as security inside the entrance. Upon entering FP observed two males working behind the counter and Ms. Kazi standing in the main couch area smoking from a hookah pipe. When FP approached Ms. Kazi she spoke to the two individuals and they left the hookah preparation area. FP advised her it appeared that they were conducting work and she responded that they are new partners that she is in the process of adding them to the state business license as owners. FP advised Ms. Kazi that the security person is recognized as an employee and therefore needed to be outside in order to not be exposed to the hookah smoke in his place of employment. FP observed a large number of people inside during inspection, well over 30 and counted at least nine hookah pipes in use. April 16, 2018 FP recorded the CO monitor reading of 5 parts per million while standing in the kitchen hookah preparation area. Ms. Kazi stated the new partners are Victor Cesar and Karamvi Singh. Ms. Kazi was not able to produce accurate records that would support the establishment as a private facility and was not able to provide a total number of current members. FP determined that the business was operating both as a public place (lack of membership details supporting private facility) and a place of employment (security staff working inside and what appeared to be two people working). FP advised Ms. Kazi that due to the observations, Kazi's Hookah Lounge was in violation for not operating within the PSFG in place. (FP verified on 612612017 that the only Governing People listed on the DOR website for UBI 604- 094-566 0010001 is KAZI, SHADIKA.) 06/30/2017: Notice of Violation and Notice and Order (NAO) issued and sent to business via certified tracked U.S. Mail 07/12/2017: Public Health received confirmation of NAO delivery. 10/30/2017: FP conducted an inspection at Kazi's Hookah Lounge at 11:40 PM and utilized a portable carbon monoxide monitor during this inspection. FP entered, and approached Ms. Kazi. FP observed approximately 30 individuals, smoking from at least 10 different hookah pipes and a person identified (by Ms. Kazi) as her sister was seen performing work functions (taking orders from customers, etc.) inside the business. Victor Casarez (DOB 02/17/91— WA DL: CASARVA091CP) was present and performing work functions (making hookah and/or delivering hookahs to customers) during the inspection. During the inspection, the CO monitor recorded varying levels of CO as high 41 PPM. See time graph. Ms. Kazi was not able to produce accurate records that would support the establishment as a private facility and was not able to provide a total number of current n,50:00 W-00:00 °°'e�° oo:20:00 b"°°° members. FP — (X"^) --- '".m gL^" determined that the From: MoiMay, October 30, 201711:41:02 PM -To: TOescW, October 31, 201712:3022 AM business was operating both as a public place (lack of membership details supporting private facility) and a place of employment (Ms. Kazi's sister and Victor appeared to be performing work). FP advised Ms. Kazi that due to the observations, Kazi's Hookah Lounge was in violation for not operating within the PSFG in place. 04/05/2018: FP conducted an inspection at Kazi's Hookah Lounge at 10:25PM and utilized a portable carbon monoxide monitor during this inspection. There is no outdoor signage for the hookah lounge although signage remains for their previous restaurant business in the same April 16, 2018 location, "Kazi's Grill." This is a standalone building with no other business attached to the structure. FP entered the business via the front door which was not locked and had unrestricted entry to the business. Once inside the business FP made contact with a security person later identified as Darrell. FP requested to meet with the owner, Ms. Kazi and was told that she was not available. FP asked if Victor was available and was allowed to proceed to the counter for ordering hookahs. FP made contact with Victor and asked about Ms. Kazi's availability. Victor contacted Ms. Kazi on the phone and said that she was on her way. While waiting for Ms. Kazi to arrive FP observed 24 individuals smoking from no less than 10 hookah pipes inside the business. FP also confirmed the use of Al Fakher and Starbuzz brand hookah tobacco, and coals burning on the stove coils for use on the hookah. Victor was managing the business alone, taking orders, preparing hookahs, and delivering the hookah pipes. When new customers entered the business, FP did not see any action taken to verify membership for seven different people. Orders were taken and payment was made at the point of sale (POS) via credit card. During the inspection, the CO monitor recorded lower levels of CO, which may be due to the fact that FP was standing away from the point of sale and other hookahs. See time graph. FP stepped outside to mitigate secondhand smoke and CO exposure and wait for Ms. Kazi. Outside the establishment 22:00:00 22:35:00 22:40:00 22:45:00 22:50:00 Darrell (security staff) --`«Pp.' ---"'°^ q`—' stated that he sometimes From Thursday. Apr05, 201810:2616 PM - To: Thursday. Apr05, 201810:52:16 PM checks ID from the area just inside the doors of the business, and thought it was OK for him to check ID inside of the first set of doors. Darrell also stated that he only does pat -downs and checked ID, and that all membership verification is done inside at the POS. Kazi arrived and FP spoke w/ her and Jafar (Ms. Kazi's fiance) outside of the business. When asked if she has signed up any new members Ms. Kazi stated that she has signed up "a few" but could not produce documentation verifying their application or approvals. Ms. Kazi stated that they are open as a hookah lounge 7 days a week and that they always operate with members only access. Ms. Kazi explained that she is using a new electronic membership 5-Star tracking system and is in the process of transferring/adding members to the new system. She stated that currently she has 319 members in 5-Star but was not able to confirm membership totals with the hard copy paper files. FP requested verification of membership applications and approval documents and Ms. Kazi asked if those documents needed to be on paper. FP reminded her that accurate records of member applications and approvals has always been required and is one part of operating within the guidelines set by Public Health. She stated that at different times she has April 16, 2018 run out of applications and/or paper for her printer so she was not able to print new forms to create new records. Ms. Kazi was not able to produce any accurate records that would support the establishment as a private facility and was not able to provide a total number of current members. FP determined that the business was operating both as a public place (lack of membership details supporting private facility) and a place of employment (security staff performing work inside). FP advised Ms. Kazi that due to the observations, Kazi's Hookah Lounge was in violation for not operating within the PSFG in place. Tobacco Prevention Program 401 Fifth Avenue, Suite 1110 Seattle WA 98104 206-296-7613 www.kingcounty.gov/health/tobacco April 16, 2018 Mr. Shane Moloney City Attorney City of Renton 1055 South Grady Way Renton, WA 98057 Public Health Seattle & King County RE: Kazi's Hookah Lounge, LLC, 111 Airport Way, Renton WA 98057 Dear Mr. Moloney, This letter is in response to your request for determination of whether Kazi's Hookah Lounge is operating in adherence to state and local smoking regulations. Since issuance of our department guidelines to Kazi's Hookah Lounge in September, 2016, we conducted one initial educational visit and four enforcement inspections. The timeline for these visits was as follows: • 1/4/2017: Educational visit (no enforcement actions taken) • 2/23/2017: Inspection (Violation noticed — required warning issued) • 6/25/2017: Inspection (Violation noticed — Notice and Order issued including fine and re -inspection fee) • 10/30/2017: Inspection (Violation noticed) • 4/5/2018: Inspection (Violation noticed) In all of the aforementioned visits, our inspector noticed multiple people smoking hookah pipes from within the establishment. During all four inspections, he witnessed multiple pipes being smoked inside the establishment and also determined that the establishment was operating both as a public place and as a place of employment. Despite given ample time to come into compliance, we have observed no substantial changes in how this business operated between our first educational inspection January 4, 2017 and our most recent enforcement inspection conducted on April 5, 2018. Therefore, we can reasonably conclude that the normal daily operations have consistently been in violation of RCW 70.160 and KC BOH Code 19.03. Mr. Shane Moloney Page 2 of 2 April 16, 2018 Both RCW 70.160 and KC BOH Code 19.03 prohibit smoking in public places and places of employment. Based on facts obtained during multiple inspections, it is our determination that this establishment has been operating and continues to operate both as a public place and a place of employment and therefore must prohibit smoking. I have included a detailed case report of our inspections and follow up actions that support this determination. if you have any further questions, please feel free to contact me directly at 206- 263-8197. Sincerely G Sco Neal Tobacco Prevention Program Manager Enclosure: Kazi's Hookah Lounge Case History Report cc: (all via email) Fel Pajimula, Public Health — Seattle & King County Mariel Torres-Mehdipour, Public Health —Seattle & King County Denis Law, Mayor Jay B. Covington, Chief Administrative Officer Jan Hawn, Administrative Services Administrator Chip Vincent, Community & Economic Development Administrator Linda Weldon, Accounting Assistant Leslie Clark, Senior Assistant City Attorney Alex Tuttle, Assistant City Attorney Donna Locher, Lead Code Compliance Officer %r& CITY OF RENTON BUSINESS TAX & LICENSE PAYMENT SUMMARY Business License(s) Renewal Fee (1 x 112.5) $112. Business License Per Employee Fee $128. Business License Fee Subtotal i $240. -- --------- -------- Business License Late Renewal Penalty $36. -- -------- Business License Reinstatement Fee $50. Business License Penalties Subtotal $86. Fire Endorsement Fee $0. ----------- ------ Fire Endorsement Penalty for Late Payment $0. - - ----- - ----- -iu $0. b Fire Endorsement Fees to — --------- ---------- B&O Tax $0. B&O Tax Penalty $0. --------------- B&O Tax Interest $0. B&O Tax Subtotal i S0.1 Credit for B&O Taxes paid in prior 3 quarters for those businesses not subject to B&O Tax ($0.0( Credit for not renewing business license(s) marked below ($0.00 - - ------ . ..... -------- 1-1-1 Total Credits! ($0.00 Penalties and Interest are calculated as of Payment Date 0411112018 unt Paid $327. ----- - ---- -------- ---- ---- Paid 04/11/20 ient Method urs Worked in Renton 4; $256,232 )ss Annua I Revenue Return Filed Washington State Unified Business Identifier (UBI) City Business License Number Expiration Status 604094566 BL.041328 1/31/2018 Renewal Line Reporting Period Gross Revenue Annual Hours Business Taxable Tax Rate Tax Du e No. Worked in Renton Credit Hours 1 04/01/2017 through 12/31/2017 $256,232.94 1 4850.00 1 1200 1 3650.00 1 0.0352 $128.48 Business License(s) Renewal Fee $112.50 Business License Late Renewal Penalty $36.15 Business License Reinstatement Fee $50.00 Fire Endorsement Fee $0.00 Fire Endorsement Penalty for Late Payment $0.00 Total Credits ($0.00) Total Due $327.13 Section I(: Gross Receipts Tax (Renton Municipal Code 5.5 & 5.25) Line No. Tax Classification Column 1 Companywide Gross Receipts Column 2 Deductions* Column 3 From Schedule C Taxable Receipts Column 4 Tax Rate Column 5 Tax Due Column 6 1 Manufacturing / Processing for Hire / Extracting for Hire $0.00 $0.00 $0.00 0.00085 $0.00 2 Wholesaling $0.00 $0.00 $0.00 0.00085 $0.00 3 Retailing $0.00 $0.00 $0.00 0.00050 $0.00 4 Retail Service $0.00 $0.00 $0.00 0.00085 $0.00 5 Service & Other (Not apportioned) $0.00 $0.00 $0.00 0.00085 $0.00 6 Service & Other (Apportioned)* Carryover from Schedule A -> -> $0.00 0.00085 $0.00 7 Printing/Publishing $0.00 $0.001 $0.001 0.000851 $0.00 8 Extracting $0.001 $0.001 $0.001 0.000851 $0.00 9 Less Multiple Activities Tax Credit* Carryover from Schedule B -> -> -> -> > > > > > > > $0.00 10 Less New Business Tax Credit* Carryover from Schedule B -> -> -> -> > > > > > > > $0.00 11 Total Gross Receipts Tax $0.00 $0.00 $0.00 $0.00 Name: shadika kazi E-mail: Kazishadika@gmail.com Title: Owner Phone: (206)518-8320 I hereby swear, under penalty of perjury, that the statements and information provided on this tax return are true and complete to the best of my knowledge. Date:04/11/2018 Linda Weldon From: Linda Weldon Sent: Thursday„ December 28,'201712:24 PM To: 'kazishadika@gmail.com' Subject: New Renton Business License Renewal for New Expiration Date T CITY OF --_-=-'"Renton 0 ***LICENSE RENEWAL NOTICE*** There Will Be No Further Notifications Sent December 28, 2017 KAZI'S HOOKAH LOUNGE LLC Re: BL.041328 Dear Business Owner, DUE DATE: 1/31/2018 The City of Renton has implemented a new on-line filing for business license renewals and tax filings. We will no longer be mailing out paper renewals — this email is your renewal notice. Beginning January 2018 we are transitioning every business license to a January 31' expiration date Your business license currently expires on 4/30/2018, however, in order to transition all licenses to a January 3111 expiration date, the following steps must be completed by January 3111, 2018: 1. Register and File Online at https://taxlicense.rentonwa.gov Please see the Quick Filing Guide for instructions To register (if you have not already done so) you will need the following: UBIM 604094566 Security code: 291762 2. Complete Hours Worked and Revenue in Renton for the reporting period: **4/1/2017through 12/31/2017 3. System will automatically prorate (January 2018 filing only) the following: Business License Fee (per license): $112.50 ($37.50 per quarter) B&O Tax Threshold (if applicable): $1,125,000.00 ($375,000.00 per quarter) Fire Endorsements (if applicable): $75.00 per endorsement ($25.00 per end, per quarter) Once you have completed the above steps and submitted your payment online (you may also print a voucher and mail in with a check and a copy of the voucher) we will issue you a new license with an expiration date of January 31, 2019. If you have any questions or concerns regarding the requirements listed in this email please contact the City of Renton Tax & License Division at: 425-430-6851(licensing Prentonwa.aov) or 425-430-6950 (tax @Drentonwa.gov). **If your business has closed or you are no longer conducting business in the City of Renton you will be able to report this on-line as well. However, please complete the hours worked and gross revenue for reporting purposes. Thank you for your cooperation and patience with this transition. Sincerely, City of Renton Finance Department ( Tax and License Division 1055 S Grady Way r �,n...►�- Renton, WA 98057—'— �''� r"P F I'r t j r w- .r Denis Law Mayor City Clerk - Jason A. Seth, CMC June 11, 2018 Shadika Kazi Kazi's Hookah Lounge, LLC. 12233 SE 2591h Place Kent, WA 98030 Re: Appeal of Business License Decision Kazi's Hookah Lounge, LLC. Dear Ms. Kazi: You are receiving this letter because you have filed an appeal of the denial of your Renton Business License renewal and of the order to close the business. The following initial case schedule is hereby ordered: Pre -Hearing Conference: Tuesday, June 26, 2018 at 11:00 a.m. The above proceedings will take place in the Council Chambers on the seventh floor of Renton City Hall, located at 1055 S Grady Way in Renton. Please note that more than one hearing will be held starting promptly at 11:00 a.m. If your case is called and you are not present, your appeal may be automatically denied. At the Pre -Hearing Conference, the Hearing Examiner may, among other things, consider: a. Simplification of the issues. b. The existence of undisputed facts to which the parties are willing to stipulate. c. The identification of witnesses and documentary or other evidence to be presented at hearing. d. Any reasonable needs any party may have for discovering the details of the case the other party intends to present. e. The imposition of reasonable time limits. Based upon the discussions and agreements at the Pre -Hearing Conference, the Hearing Examiner may enter a Pre -Hearing Order, which shall govern subsequent proceedings. 1055 South Grady Way, Renton, WA 98057 • (425) 430-6510 / Fax (425) 430-6516 • rentonwa.gov If for some reason you do not plan to attend, or you have any questions, please call Jason Seth, City Clerk in advance of the hearing date at 425-430-6510. Sincerely, Of Jason A. Seth City Clerk cc: Hearing Examiner Jan Hawn, ASD Administrator Linda Weldon, Finance Leslie Clark, Assistant City Attorney Shane Moloney, City Attorney Cvnthia Mova From: Cynthia Moya Sent: Tuesday, June 26, 2018 3:25 PM To: Phil Olbrechts Subject: FW: Kazi's Hookah Lounge, LLC - Appeal Decision: Order Affirming Denial of Request to Renew No. BL.041328 Attachments: Kazi's Hookah Lounge, LLC - Appeal Decision.pdf Another letter Thank you, Cindy Moya, City Clerk Specialist City of Renton - Administrative Services/City Clerk Division cmoya@rentonwa.eov 425-430-6513 From: Linda Weldon Sent: Thursday, June 07, 2018 9:22 AM To: Cynthia Moya <CMoya@Rentonwa.gov> Subject: FW: Kazi's Hookah Lounge, LLC - Appeal Decision: Order Affirming Denial of Request to Renew No. BL.041328 This is the letter from Jan Tax & License Division 1055 S Grady Way, 5t" Floor Renton, WA 98057 (425) 430-6851 Licensina@rentonwa.aov From: Christine Seese Sent: Tuesday, May 15, 2018 8:23 AM To: 'kazishadika@gmail.com' <kazishadika@gmaii.com> Cc: 'scott.neal@kingcounty.gov'<scott.neal@kingcounty.gov>;'Mariel.TorresMehdipour@kingcounty.gov' <Mariel.TorresMehdipour kingcounty.gov>;'Fel.Pajimula@kingcounty.gov' <Fel.Paiimula@kingcounty.gov>; Denis Law <DLaw@Rentonwa.gov>; Robert Harrison <RHarrison@Rentonwa.gov>; Chip Vincent <CVincent@Rentonwa.gov>; Shane Moloney <SMoloney@Rentonwa.gov>; Leslie Clark <LClark@Rentonwa.gov>; Alex Tuttle <ATuttle@Rentonwa.gov>; Donna Locher <DLocherRentonwa.gov>; Linda Weldon <LWeldon@Rentonwa.gov> Subject: Kazi's Hookah Lounge, LLC - Appeal Decision: Order Affirming Denial of Request to Renew No. BL.041328 Ms. Kazi, Attached you will find the City's response to your letter titled "Subject: Appealing for obtaining a renewal license for Hookah lounge" concerning Kazi's Hookah Lounge, LLC. Should you have further questions or comments, please respond to the deadline to appeal: June 4, 2018. Chsri4UwwSe 4ell Administrative Assistant Administrative Services Department Finance / Information Technology / City Clerk cseese@rentonwa.gov I Phone: 425.430.6887 1 Fax: 425.430.6957 Administrative Services Jan Hawn, Administrator Via first Class Mail With a Copy sent Via Certified Mail, Return Receipt Requested And a Copy Sent Via Electronic Mall to kazishadika@gmail.com May 15, 2018 Ms. Shadika Kazi Kazi's Hookah Lounge, LLC 111 Airport Way Renton, Washington 98057 RE: Kazi's Hookah Lounge, LLC, 111 Airport Way, Renton, WA 98057 Appeal Decision: Order Affirming Denial of Request to Renew Business License No. BL.041328 and Affirming Order to Close Business DEADLINE TO APPEAL: June 4, 2018 Dear Ms. Kazi: This responds to your letter titled "Subject: Appealing for obtaining a renewal license for Hookah lounge" concerning Kazi's Hookah Lounge LLC dba Kazi's Hookah Lounge, located at 111 Airport Way, Renton, Washington 98057 ("Kazi's"). (Your letter is hereinafter referred to as the "Appeal.") The Appeal responds to the City of Renton's ("City's") April 19, 2018 letter denying Kazi's request to request to renew its Renton business license number BL.041328 and ordering the business to close. This letter constitutes the appeal decision of the City's Administrative Services Administrator ("Administrator"). To begin, May 2, 2018 was the deadline for Kazi's to submit the Appeal to the City, but the City did not receive the Appeal until May 10, 2018. The late submission was seemingly due to an incomplete address given to UPS, the carrier. The City is not rejecting the Appeal for untimely receipt, but it does not waive its right to require that any future submissions be timely made. Pursuant to Renton Municipal Code Section 5-5-3.G.7, the Administrator has determined that Kazi's is not exempt from the City's business licensing requirement, Kazi's does not have a 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Ms. Shadika Kazi Page 2 of 2 May 15, 2018 currently valid business license, and not all of Kazi's violations have been cured. For these reasons, the Administrator hereby enters an order affirming the order to close the business. CRITICALLY IMPORTANT REGARDING APPEAL RIGHTS: REVIEW CAREFULLY: Pursuant to RMC 5- 5-3.G.7, you have a right to appeal this order to the City's Hearing Examiner. June 4, 2018 is your deadline to appeal this order. If you choose to appeal, you must serve a written notice of appeal on the City's Hearing Examiner by delivery to the Renton City Clerk's office, 7th floor Renton City Hall, 1055 South Grady Way, Renton, WA, 98057 on or before the June 4, 2018 deadline. If you do not timely file a written notice of appeal, the business must close. Sincerely, Jan Hawn Administrator, Administrative Services Department cc: (all via e-mail) Public Health — Seattle & King County [Attention: Scott Neal (Scott.NeaI@kingcounty.gov), Mariel Torres- Mehdipour (Mariel.TorresMehdipour@kingcounty.gov), and Fel Pajimula (Fel.Pajimula@kingcounty.gov] Denis Law, Mayor Bob Harrison, Chief Administrative Officer Chip Vincent, Community & Economic Development Administrator Shane Moloney, City Attorney Leslie Clark, Senior Assistant City Attorney Alex Tuttle, Assistant City Attorney Donna Locher, Lead Code Compliance Officer Linda Weldon, Accounting Assistant 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Denis Law Mayor City Clerk - Jason A. Seth, CMC June 27, 2018 Shadika Kazi Kazi's Hookah Lounge, LLC. 12233 SE 2591h Place Kent, WA 98030 Re: Appeal of Business License Decision Kazi's Hookah Lounge, LLC. Dear Ms. Kazi: This letter confirms the appeal hearing dates and deadlines set by the Hearing Examiner at the June 26, 2018 pre -hearing conference for the above matter. The following hearing date is hereby ordered: Appeal Hearing: Tuesday, July 24, 2018 at 1:00 p.m. The above proceedings will take place in the Council Chambers on the seventh floor of Renton City Hall, located at 1055 S Grady Way in Renton. If your case is called and you are not present, your appeal may be automatically denied. In addition, you must provide all witness names and copies of exhibits and any other documentation or evidence you would like to be entered at the Hearing to Senior Assistant City Attorney, Leslie Clark, at Iclark@rentonwa.gov on or before deadline listed below. The City is also ordered to provide its witness names, exhibits, and any other documentation or evidence to you by the same deadline. Failure to meet this deadline may result in the exclusion of witnesses, exhibits, and other documentation or evidence at the appeal hearing. Witness and Exhibits Deadline: Tuesday, July 17, 2018, by close of business 1055 South Grady Way, Renton, WA 98057 • (425) 430-6510 / Fax (425) 430-6516 • rentonwa.gov If for some reason you do not plan to attend the proceedings, or you have any questions, please call Jason Seth, City Clerk in advance of the hearing date at 425-430-6510. Sincerely, AJasonSeth yerk cc: Hearing Examiner Jan Hawn, ASD Administrator Linda Weldon, Finance Donna Locher, CED Shane Moloney, City Attorney Leslie Clark, Senior Assistant City Attorney Cynthia Moya From: Stephanie Rary Sent: Tuesday, July 17, 2018 1:04 PM To: 'kazishadika@gmail.com'; Cynthia Moya Cc: Leslie Clark Subject: City of Renton's Witness List, Exhibit List, and Production of Exhibits - Kazi's Hookah Lounge LLC Business License Appeal to Hearing Examiner Attachments: City of Renton's Witness List, Exhibit List, and Production of Exhibits.pdf; COR l.pdf; COR 2.pdf; COR 3.pdf, COR 4.pdf, COR 5.pdf; COR 6.pdf, COR 7.pdf, COR 8.pdf Follow Up Flag: Follow up Flag Status: Flagged Good afternoon: Please find attached the City of Renton's Witness List, Exhibit List, and Production of Exhibits, together with the City of Renton's exhibits labeled COR 1 through COR 8. Thank you, Stephanie Stephanie Rary, Paralegal UAMPIqRM Renton City Attorney 425-430-6493 / 425-430-6498 (fax) srary@rentonwa.gov 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON RE: Kazi's Hookah Lounge, LLC Appeal of Business License Decision City of Renton's Witness List, Exhibit List, and Production of Exhibits Pursuant to the June 27, 2018 procedural order issued in this matter, the City of Renton ("City") hereby designates the witnesses it intends to call at the appeal hearing (currently scheduled for July 24, 2018, beginning at 1:00 PM). The City further designates the exhibits it intends to use at the appeal hearing and concurrently produces a copy of each such exhibit to Kazi's Hookah Lounge, LLC. A. Witness List The City designates the following as witnesses anticipated to testify at the appeal hearing. 1. Linda Weldon. Contact information: c/o Renton City Attorney's Office (Attn: Leslie Clark) 1055 South Grady Way Renton, WA 98057 Kazi's Hookah Lounge, LLC Appeal - Renton City Attorney City's Witness and Exhibit Lists and Production of Exhibits - 1055 South Grady Way 1 Renton, WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (425) 430-6482 Iclark@rentonwa.gov Ms. Weldon is an Accounting Assistant for the City. She has been designated by the Administrator of the Administrative Services Department as the Administrator's designee on business licensing actions the City has taken related to Kazi's Hookah Lounge. She has knowledge of and may testify about any of the issues relating to this appeal. 2. Donna Locher. Contact information: c/o Renton City Attorney's Office (Attn: Leslie Clark) 1055 South Grady Way Renton, WA 98057 (425) 430-6482 Iclark@rentonwa.gov Ms. Locher is the City's Lead Code Compliance Officer. She has knowledge of and may testify about code compliance complaints and inspections relating to Kazi's Hookah Lounge. 3. Fel Paiimula. Contact information: King County Department of Public Health Tobacco Prevention Program Mail Stop: CNK-PH-1100 Chinook Building 4015th Avenue, Suite 1100 Seattle, WA 98104 (206) 263-8203 fel.pajimula@kingcounty.gov Mr. Pajimula is a Health Program Assistant I for the Tobacco Prevention Program of the King County Department of Public Health. Mr. Pajimula has knowledge of and may testify about inspections of the premises of Kazi's Hookah Lounge, other interactions between King County and representatives of Kazi's Hookah Lounge, King County's indoor smoking policies, and those policies' application to Kazi's Hookah Lounge. 4. Scott Neal. Kazi's Hookah Lounge, LLC Appeal - Renton City Attorney City's Witness and Exhibit Lists and Production of Exhibits - 1055 South Grady Way Renton, WA 98057 2 Phone: 425.430.6480 Fax: 425.430.6498 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Contact information: King County Department of Public Health Tobacco Prevention Program Mail Stop: CNK-PH-1100 Chinook Building 401 5th Avenue, Suite 1100 Seattle, WA 98104 (206) 263-8197 scott.neal@kingcounty.gov Mr. Neal is the Tobacco Prevention Program Manager for the King County Department of Public Health. Mr. Neal has knowledge of and may testify about King County's indoor smoking policies, those policies' application to Kazi's Hookah Lounge, and King County's interactions with representatives of Kazi's Hookah Lounge. 5. Shadika Kazi. Contact information: Kazi's Hookah Lounge, LLC 111 Airport Way Renton, WA 98057 (206) 518-8320 kazishadika@gmail.com Ms. Kazi is the proprietor of Kazi's Hookah Lounge. She has knowledge of and may testify about any of the issues on appeal, including but not limited to the business's operations, business licensing history with the City, and interactions with King County's Tobacco Prevention Program. 6. The City reserves the right to call any witness called or designated by Kazi's Hookah Lounge. B. Exhibit List The City designates the following as exhibits the City may use at the appeal hearing. Kazi's Hookah Lounge, LLC Appeal - City's Witness and Exhibit Lists and Production of Exhibits - 3 Renton City Attorney ♦gyp 1055 South Grady Way Renton, WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 1 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 City of Renton (-COR-) Description Exhibit No. COR 1 Letter dated March 29, 2018 from Linda Weldon to Scott Neal, and the letter's enclosures COR 2 Letter dated March 30, 2018 from Shane Moloney to Scott Neal COR 3 Letter dated April 16, 2018 from Scott Neal to Shane Moloney, and the letter's enclosure COR 4 Letter dated April 19, 2018 from Linda Weldon to Shadika Kazi, and the letter's enclosures COR 5 Document titled "Subject: Appealing for obtaining a renewal license for Hookah lounge," signed by Shadika Kazi and stamped as received by the City on May 10, 2018 COR 6 Shipping details of document identified above ("Subject: Appealing for obtaining a renewal license for Hookah lounge"), stamped as received by the City on May 10, 2018 COR 7 Letter dated May 15, 2018 from Jan Hawn to Shadika Kazi COR 8 Document dated May 18, 2018, 2018 [sic] from Shadika Kazi to City of Renton Administrative Services Administrator and City Hearing Examiner In addition, the City reserves the right to use any exhibit used or designated by Kazi's Hookah Lounge. C. Production of Exhibits Concurrently with service of this disclosure of witnesses and exhibits, the City produces a copy of each of its exhibits labeled COR 1 through COR 8. As noted in the service slip, service is made via electronic mail; however, additionally, the City will make hard copies available upon request. Signed this 171h day of July, 2018. Kazi's Hookah Lounge, LLC Appeal - City's Witness and Exhibit Lists and Production of Exhibits - 4 Leslie Clark, WSBA No. 36164 Senior Assistant City Attorney City of Renton Renton City Attorney ♦gyp 1055 South Grady Way Renton, WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DECLARATION OF SERVICE declare under penalty of perjury under the laws of the State of Washington that on July 17, 2018, a true and correct copy of the foregoing document and the exhibits listed therein were served upon the parties listed below via the method indicated: Kazi's Hookah Lounge Kazi's Hookah Lounge, LLC 111 Airport Way Renton, WA 98057 (206) 518-8320 kazishadika@gmail.com [X] E-mail [ ] United States Mail [ ] Legal Messenger [ ] Other Agreed E-Service City of Renton Hearing Examiner c/o Renton City Clerk's Office 1055 South Grady Way Renton, WA 98057 cmoya@rentonwa.gov [X] E-mail [ ] United States Mail [ ] Legal Messenger [ ] Other Agreed E-Service DATED this 17th day of July, 2018, at Renton, Washington. Stephanie Rary Kazi's Hookah Lounge, LLC Appeal - City's Witness and Exhibit Lists and Production of Exhibits - 5 Renton City Attorney ♦ 1055 South Grady Way Renton, WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 COR 1 Denis Law Mayor Administrative Services Jan Hawn, Administrator Via First Class Mail and Electronic Mail to tobacco.prevention@kingcounty.gov and Scott. Neal@kingcounty.gov March 29, 2018 Mr. Scott Neal Program Manager Tobacco Prevention Program Public Health — Seattle & King County 40151h Avenue, Suite 1100 Seattle, Washington 98104 RE: Kazi's Hookah Lounge, LLC, 111 Airport Way, Renton, WA 98057 Title 19 of the Code of the King County Board of Health / Indoor Smoking Reference: Case No. NAO-20170630-216 REQUEST FOR IMMEDIATE ACTION Dear Mr. Neal: This letter concerns Kazi's Hookah Lounge LLC dba Kazi's Hookah Lounge, located at 111 Airport Way, Renton, Washington 98057 ("Kazi's"). The Seattle -King County Department of Public Health ("Public Health") previously found Kazi's in violation of state and County law regarding indoor smoking. Based upon information available to the City of Renton, we believe the business's operations have been continually in violation of the laws Public Health is required to enforce. This has become a time -sensitive matter for Renton, as the business owner has made inquiries to Renton about renewing its business license. In Renton, business licenses may be denied or revoked if the business is being operated in violation of health regulations. RMC 5-5-3.G.5.a.v. For the reasons explained in this letter, Renton requests that Public Health act pursuant to RCW 70.160.070(3) to: (1) Immediately conduct an inspection of Kazi's and review its history of operations to determine whether its business model and operations are compatible with applicable indoor smoking laws; (2) If a violation is found, serve notice, 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Mr. Scott Neal Page 2 of 5 March 29, 2018 (3) Order any unlawful operations to be suspended until Public Health approves a corrective action plan that assures the violations will not continue, and placing Kazi's on a compliance schedule; and (4) If necessary, call upon Renton's CityAttorney's Office to maintain an action to support enforcement under RCW 70.160.070(3)(b). Kazi's Business Licensing in Renton Kazi's business licensing history in Renton suggests that Kazi's has been deceptive regarding the legality of its business. When Renton questioned the legality of the hookah lounge under the indoor smoking laws, Kazi's provided the following assurances: I. The hookah lounge would be open to members only;' 2. Membership fees would be collected directly by the sole owner of the business;2 3. "This hookah lounge is going to be using tobacco free hydro herbal shisha, the king, stream [sic] stones, and liquor gel etc;" 3 and 4. Hours of operation would be from 5 p.m. to 1 a.m.4 From the information available to Renton, it appears to Renton that the hookah lounge has been consistently operating outside of the scope of those assurances. Renton sustains concerns that the business is operating in violation of state and County law prohibiting indoor smoking in all public places and places of employment. State and County Law — Kazi's Prior Violations and Potential Ongoing Violations Renton's concerns that Kazi's is operating in violation of law is based on prior findings by Public Health and by information made available to Renton. Less than one year after Kazi's began operating, Public Health conducted an inspection of the hookah lounge. Public Health found violations of both state and County law. Specifically, on June 25, 2017, Public Health inspected the property and found that the business was violating indoor smoking laws, issuing the following notice of violation: 1 Cite: City of Renton business license application dated April 20, 2015, for Kazi's Hookah Lounge. Enclosed. 2 Cite: Letter from Shadika Kazi, received by Renton on October 8, 2015. Enclosed. 3 Cite: Letter from Shadika Kazi, dated June 15, 2016. Enclosed. ° Cite: Id. (June 15, 2016 letter). 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Mr. Scott Neal Page 3 of 5 March 29, 2018 RCW 70.160 and KC BOH Code 19.03.050 — Failed to prohibit smoking. Owners, or in the case of a leased or rented space the lessee or other person in charge, of a place regulated under this chapter shall prohibit smoking in public places and places of employments After its inspection of Kazis, Public Health issued the enclosed June 30, 2017 Notice of Violation and Correction Order (the "NAO") to Kazi's under Case No. NAO-20170630-216. The NAO cited Kazi's as in violation of KC BOH Code 19.03.050 and required it to "Prohibit smoking in all public places and places of employment under the control of this business."6 We requested the full enforcement file from Public Health, and it appears to Renton that Public Health has taken no action to ensure Kazi's has complied with its NAO. Regardless of whether Public Health has taken additional enforcement actions, several independent sources from 2017 and 2018 indicate that Kazi's remains in violation of state and County prohibitions on indoor smoking: 1. Information provided to Renton suggests that Kazi's is a "place of employment." On or about March 8, 2018, Kazi's owner, Ms. Shadika Kazi visited Renton City Hall and spoke with me about renewing Kazi's business license. Ms. Kazi stated that the hookah lounge had logged 2,489 hours as "worked" during the nine -month period from April 1, 2017 through December 31, 2017. This reporting suggests that the hookah lounge maintains employees and is, thus, a "place of employment" for the purpose of the prohibition on indoor smoking. This also demonstrates that the violation found to have occurred in June 2017 was not an isolated event. 2. Information posted on Yelpfl indicates that Kazi's is a "place of employment." Reviews posted to the website yelp.com also indicate that Kazi's has employees. For example:' • "Great service — owner (Sonny) & staff are welcoming and show they value your business." Excerpt from review dated January 13, 2018. • "[F]riendly and helpful staff." Excerpt from review dated September 2, 2017. • "Security is on their game, knows who and who not to let in... the lady that helped me was fast ... just like all the guys behind the counter..." Excerpt from review dated August 27, 2017. s Cite: Public Health Notice of Violation, Document No. Inspection-20170625-549. e Cite: Public Health Notice of Violation and Correction Order, June 302, 2017, Case No. NAO 20170630-216. Reviews posted on Yelp! website at https://www.yelp.com/biz/kazis-hookah-lounge-renton-2 (last visited: March 28, 2018). Excerpts enclosed. LOSS South Grady Way, Renton, WA 98OS7 • rentonwa.gov Mr. Scott Neal Page 4 of 5 March 29, 2018 3. Information posted on Facebook indicates that Kazi's is a "public place" and a "place of employment." In addition, information posted on Facebook.com indicates that Kazi's is used by and open to the public, has employees, and hosts live entertainment. For example:' • "Friendly staff, good environment to just sit and relax, play some pool and listen to good music." Excerpt from post dated September 17, 2017. • Advertisement for "Saturday belly dancer show @10pm at kazi's hookah lounge," dated August 14, 2017. o Posted images of a belly dancer are dated August 20, 2017. o Additional posted images of a belly dancer are dated January 11, 2017. • "It was chill... i [sic] really liked the setting and the employees were coo [sic]..." Excerpt from post dated February 28, 2017. • An image of a DJ setup (showing an arm extending toward a turntable) is labeled "DJ Teddy," dated February 18, 2017. In addition, the hours posted on Facebook state that the business operates from 3 p.m. to 1 a.m., contradicting the owner's statement to Renton that Kazi's would not open until 5 p.m.9 Request for Public Health's Action pursuant to RCW 70.160.070(3) Given the above concerns, Renton requests that Public Health perform its statutory mandate in RCW 70.160.070(3) to enforce the indoor smoking ban by: (1) Immediately conduct an inspection of Kazi's and review its history of operations to determine whether its business model and operations are compatible with applicable indoor smoking laws; (2) If a violation is found, serve notice; (3) Order any unlawful operations to be suspended until Public Health approves a corrective action plan that assures the violations will not continue, and placing Kazi's on a compliance schedule; and (4) If necessary, call upon Renton's City Attorney's Office to maintain an action to support enforcement under RCW 70.160.070(3)(b). As noted above, Renton's issuance of a renewal business license for Kazi's is dependent, at least in part, upon Public Health's exercise of its mandate in RCW 70.160.070(3) to enforce the a Information available from Facebook at https://www.facebook.com/pg/kazishookahlounae/posts/?ref-page internal (last visited: March 28, 2018). Two excerpts enclosed. 9 See Facebook excerpt referenced in above footnote, listing hours as "3:00 PM -1:00 AM." 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Mr. Scott Neal Page 5 of 5 March 29, 2018 prohibition on indoor smoking; we thank you in advance. Although we believe Public Health is solely responsible for finding violations of the state and County indoor smoking laws, we are ready and available to assist in enforcing any violations you conclude to exist consistent with RCW 70.160.050(3))(b) and Renton's own business licensing regulations. We look forward to your prompt cooperation on this matter. Sincerely, Linda Weldon Accounting Assistant Fiscal Services Division Enclosures: 1. City of Renton business license application dated April 20, 2015, for Kazi's Hookah Lounge 2. Letter from Shadika Kazi, received by Renton on October 8, 2015 3. Letter from Shadika Kazi, dated June 15, 2016 4. Public Health Notice of Violation and Correction Order, Case No. NAO-20170630-216, June 30, 2017 5. Excerpts from Kazi's listing on Yelp.com 6. Excerpts from Kazi's "Reviews" page on Facebook.com 7. Excerpts from Kazi's "Home" page on Facebook.com cc: (all via e-mail) Fel Pajimula, Public Health —Seattle & King County (Fel.Pajimula@kingcounty.gov) Denis Law, Mayor Jay B. Covington, Chief Administrative Officer Jan Hawn, Administrative Services Administrator Chip Vincent, Community & Economic Development Administrator Shane Moloney, City Attorney Leslie Clark, Senior Assistant City Attorney Alex Tuttle, Assistant City Attorney Donna Locher, Lead Code Compliance Officer LOSS South Grady Way, Renton, WA 98057 • rentonwa.gov Commercial Business City of i �- � i9 APPLICATION FOR CITY OF RENTON BUSINESS LICENSE FILL OUT THIS FORM COMPLETELY (INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED) General Business License Required: Every business enterprise, including but not limited to seasonal, temporary, or portable sales businesses, shall first obtain, from the City of Renton, a general business license. The general business license shall not be transferable. Reference Renton Municipal Code Title 5 Chapter 5 Check all that apply: Inside City ❑ Outside City PK New Business ❑ Location Change ❑ New Ownership ❑ Name Change Projected Annual Gross Revenue: $ V61, p O,, 0 BUSINESS NAME AND PHYSICAL LOCATION: 11 i2g s 7g190& & 1 a?' r air Business Telephone: (R06) 51g- now Business Email Address: %6CGf2_l4S 2a h ka 0?4,rn" 1. Cn-&' Mailing Address (Check if same as above) ❑ fC?Q 3 3 SF 0? PL eo A 9 fin 30 Have you previously had a Renton Business License? Yes ❑ Nox Is your business door-to-door solicitation/peddler? Yes ❑ No� If Yes, please stop and complete a Peddler Permit Form Are you a non-profit entity? Yes ❑ No 9 If Yes, please provide a copy of IRS 501(c) award letter IF YOUR BUSINESS IS BASED OUT OF CITY Address of where first job is to be performed: Projected Annual Hours Worked: % WA State UBI#: �; 0 3 — ; f _ Ile Contractor's Lic # (if applicable) Legal Owner(s), (of YOUR business), Name and address: Home Phone:( AC. ft eell: (-?d6 3-Z p Owner's Email:5,<tcr'x' clsa't : ,! Crrisr Emergency Name & Telephone Number (Other than owner) Date business is to open/operate in Renton: 02/ / a Y /20 1 5 9 Describe Type of Business In Detail: TjGO*� p� cqt y1CAP 1 t oV a-r- 110 0 L"",tx--G"l REPORTING: Businesses will be sent an annual renewal notice, Businesses are required to report yearly gross revenue and all hours worked this Includes hours for owners, family, employees, whether a wage is paid or not) for the previous full four (4) quarters prior to the expiration date. Hours worked in excess of 1,200 hours will pay .03S2 per hour, in addition to the initial Annual Registration Fee of $110.00 paid at the time of this application. Businesses with over $1.SM in revenue per year will pay a Business and Occupation tax instead of a license fee based on hours worked. Depending on the annual gross revenue, a business may be required to report quarterly or annually. However, every business is required to report all gross revenue and hours worked yearly, whether you receive a renewal from the city or not I hereby swear or affirm that the statements and information furnished by me on this application are, to my knowledge, accurate, true and complete. I acknowledge these statements and information are public records that may be available for public inspection pursuant to RCW 42-56, the Public Records Act, and that any inaccurate, false, or incomplete statement may be a crime under the RCW and/or RMC, punishable under RCW 9.92 and/or RMC 1-3-1 SIGNATURE: f DATE: 0y 4,90 PRINT NAME: i & s Annual RI Fee Duey ow���110 0� . Return Completed Application with City of Renton License Division Phone: 425-430-6851 payment to: 1055 South Grady Way Fax: 425-430-6983 Renton, WA 98057 Email: IicensinR@rentonwa.Eov FOR OFFICE USE ONLY Amount Paid Date Payment Type NAICS Business License #� Business License App 03/2015 IF YOUR BUSINESS IS AN OUT OF CITY BUSINESS COMPLETE FIRST PAGE ONLY COMMERCIAL BUSINESS LICENSE APPLICATION {THIS PAGE — IN CITY ONLY) City of Renton, Washington WILL THE APPEARANCE OF YOUR BUSINESS CHANGE BY ANY OF THE FOLLOWING Exterior display Yes P No ❑ If YES, explain: i�yt _ yc�,i� Exterior building alterations Yes ❑ Nog If YES, explain: Additional parking Yes-0 NA, If YES, explain: Exterior storage Yes ❑ No C$If YES, explain: Interior remodel or alteration Yes ❑ No q If YES, explain: If known, what was the previous business at your location? Will your business be the same type as the previous business at this location? Yes ❑ NoX if NO, please explain the new type of your business: �177W Will your business have signs? YesV No ❑ U If YES how many, sign type and size: 1 _ Will your business be a mobile food vendor? Yes ❑ No Will your business be a temporary sales location? Yes ❑ No Will your business have 10 or more shopping carts available for customers? Yes ❑ No Square footage of the business: d� ( Occupancy load of business. Indicate MAXIMUM number of persons on the business premses:_1Q0� Is the premises protected by afire alarm? Yes ❑ No [2� if YES Name of Fire Alarm Monitoring Company: Does your business have a burglar alarm system? Yes X No ❑ if YES Name of Alarm Monitoring Company: Is the system protected by a sprinkler system? Yes F1 No (� Will your business use flammable and/or combustible liquids, compressed gases or other hazardous materials? Yes ❑ No If YES provide the following information (attach additional pages if more spare is needed): (1) Chemical Names (s): (2) Amount: (3) Purpose of it's use: BUSINESS REQUIREMENTS NOTE: Restaurant and Food Handlers are required to submit a copy of their Health Department Certificate with their City of Renton Business License Application. (WAC 246-217) NOTE: Portable fire extinguishers must be provided, 2A-10BC minimum size. Exact number and placement details can be obtained from Renton Fire & Emergency Services, Community Risk Reduction. Annual service required. NOTE: Annual inspections will be conducted by the City's Fire Department, Community Risk Reduction per adopted City Ordinances. NOTE: Prior to commencing your business, you may be required to meet with Fire and/or the Building Department and the Water Utility to determine whether your business will meet all applicable City codes for the type of business proposed. NOTE: Permits may be required from Fire and/or the Building Department and the Water Utility for your proposed use, operation or remodeling. Business License Anu 03/2015 If YOUR BUSINESS IS AN OUT OF CITY BUSINESS COMPLETE FIRST PAGE ONLY Renton City Hall 1055 S Grady Way Renton, WA 98057 Business license permit for Hookah Lounge in Renton, WA. Dear Members of Renton City Hall, We would to like open a hookah lounge, at I I I Airport Way, Renton, Washington 98057. Hours of operation, seven days of week from 9:00 p.m. to 1 a.m. I used to own a hookah lounge in Seattle, "Kings Hookah Lounge." I sold that business because of long hours from 6 pm to 2 am. I used to get tired easily. For two years, I have had own this place, I never received any fines, violation, or warning from the city. I followed the laws and regulation of the state and health department. I was very strict about everyone brings ID and must be members only. Majority of the people used to come were friends and friends and friends. The state also doesn't want second hand smoke. Therefore, I didn't have any employees. My plan is to operate the business is simple way. It will be a place for social gathering. Members will follow the rules to bring ID, and membership cards. It will be strictly hookah. Serving hookah only with option of buying water, soda and teas. Renton is a ideal location because it is close to Bellevue and Seattle. I am asking for you permission to allowing me to open this business based on my experiences and knowledge about the state laws and regulation. I am sure your community will be very happy of opening a hookah lounge in this area because they don't have to travel far to Seattle. Thank you for taking the time to read this requested letter. I hope you consider my proposal. Thank you, Shadika Kazi KAZI GROUP LLC 111 Airport Way Renton, WA 98057 206-518-8320 KazishadikaL gmai1.com DC ��1,a City of Renton OCT Administrative Iwen Wang Dear Mr. ]wen Wang, My name is Shadika Kazi. I am writing this letter to you regarding my business license for Kazi's hookah lounge License #BL.038904. I have applied and received this license to operate this business on June I ", 2015. However, on August 10, 2015, 1 received a mail from you regarding my license being denied and it was inadvertently issued to me. I met with Mrs. Donna Locher, regarding her concern about hookah and explain to her how I plan to operate this establishment. Question you have: I . How the lounge would be separated from the dining area for purpose of smoke ventilation? - Hours are different for hookah. Hookah starts at 9pm to lam, when restaurant is closed. We keep our ventilation on all night. There is no complaining for hookah smell from our customers because hookah smoke vaporized fast so it leaves you with no smell. 2. Who would collect the beverage, membership, hookah and tobacco fees? This would be collected by the owner of the hookah lounge which is me. This is open for members only. Members do understand the problems and they don't demand too much from us. We have Renton Fire department approval and we have been inspected by King County health department. This hookah lounge is different from other hookah lounge. It is more quiet and relaxing place. People come here do their homework, social gathering, office work, play games like cards or chess. 3. Clients are diverse and they are responsible individuals. Please allow me to keep this establishment that I have built. Please contact me soon. Thank you, Shadika Kazi Kazi's Hookah Lounge 206-518-8320 June 150, 2016 Dear: Donna Locher & Linda Weldon, My name is Shadika Kazi, owner of Kazi's Hookah Lounge located in 111 Airport Way, Renton WA 98057. This hookah lounge going to be using tobacco free hydro herbal shisha, the king, stream stones, and liquor gel etc. This is a social gathering lounge. Hours of operation from 5pm to lam. Thank you, Shadika Kazi Kazishadika@gmaii.com 206-518-8320 Tobacco Prevention Program 401 Fifth Avenue, Suite 11to Seattle, WA 98104-1818 206-263-8271 Fax 206-296-0177 TTY Relay: 711 www.kingcounty.gov/health SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC HEALTH P. KAZI'S HOOKAH LOUNGE LLC; doing business as K&A's Hookah Lounge TO: KAZI'S HOOKAH LOUNGE LLC; doing business as Kazi's Hookah Lounge 12233 SE 259TH PL KENT, WA 98030 Public Health Seattle & King County W, CASE NO. NAO-20170630-216 NOTICE OF VIOLATION AND CORRECTION ORDER (NOTICE AND ORDER) CERTIFIED MAIL NO. RE: Violation(s) of Title 19 of the Code of the King County Board of Health (Tobacco Products, Electronic Smoking Devices and Unapproved Nicotine Delivery Products) upon the real property described below and located at: II I Airport Way RENTON, WA 98057 YOU ARE HEREBY NOTIFIED PURSUANT TO CHAPTER 70.160 RCW and CHAPTERS 1.08,19.03, and 19.12 OF THE CODE OF THE KING COUNTY BOARD OF HEALTH THAT THE DIRECTOR HAS FOUND YOU TO BE IN VIOLATION OF PUBLIC HEALTH RULES AND REGULATIONS, IN THAT: 19.03.050 Prohibit Smoking. Owners, or in the case of a leased or rented space the lessee or other person in charge, of a place regulated under this chapter shall prohibit smoking in public places and places of employment. LOCATION/ADDRESS AND LEGAL DESCRIPTION OF LOCATION OF VIOLATION(S)- 1. Street Address: I I I Airport Way, RENTON, WA 98057 2. Legal Description: RENTON REAL ESTATE COS 1ST RENTON 3. Parcel Number:722930-0035 DATE(S) OF VIOLATION(S): June 25th, 2017 (Notice of Violation issued June 30th, 2017) CIVIL PENALTY; NOTICE OF LIEN: As of June 30th, 2017, you have incurred a cumulative civil penalty of $100, phis billable costs of the Seattle -King County Department of Public Health. Penalties are due and payable 30 days from the date of issuance of this notice. The civil penalty is charged as a personal obligation of each violator and as a lien against any property associated with or upon which the violation occurred. COMPLIANCE ORDER — CORRECTIVE ACTION REQUIRED: YOU ARE HEREBY REQUIRED TO TAKE THE FOLLOWING CORRECTION ACTION AT THE AFORESAID LOCATION: Prohibit smoking in all public places and places of employment under the control of this business. APPEAL: Any person aggrieved by this order may request in writing within ten (10) days of the service of the Notice and Order an appeal hearing before the King County Hearing Examiner. The request shall cite the notice and order appealed from and contain a brief statement of the reasons for seeking the appeal hearing. The appeal request form may be obtained from the Tobacco Prevention Program, 401 5th Avenue, Suite 1110, Seattle WA, 98104; (206) 263-8271. The request shall be filed with the Tobacco Prevention Program, Prevention Division, Seattle -King County Department of Public Health, 401 5th Avenue, Suite 1110, Seattle, WA, 98104. The order shall become final unless, no later than ten (10) days after the notice and order is served, any person aggrieved by the order requests in writing an appeal before the hearing examiner. DATED this 30tb of June, 2017 SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC HEALTH Patty Hayes, RN MN, Director and Health Officer By: Scott Neal, Tobacco Prevention Manager Public Health —Prevention Division cc: EASTERN EQUITY INVESTMENT L349999, Property Owner 3/28/2018 Kazi's Hookah Lounge - 86 Photos & 14 Reviews - Hookah Bars - 111 Airport Way S, Renton, WA - Phone Number - Yelp Find home cleaners, burgers, spas.-. Near San Francisco, CA yelp Kazi's Hookah Lounge© Claimed 0000 14 reviews & Details $$ • Hookah Bars ,' Edit z m � b iy Z ro rport Way a- 5 Tjlr:cum St ro > S Tobin St e�� - Gi1tOf1 Map data C2018 Googk. V 111 Airport Way S p Edit Renton, WA 98057 Q Get Directions �. (206) 518-8320 Send to your Phone Ask the Community Today 3:00 pm - 1:00 am closed now $$$$ Price range Moderate Yelp users haven't asked any questions yet about Kazi's Hookah Lounge. Recommended Reviews for Kazi's Hookah Lounge ,� Your trust is our top concern, so businesses can't pay to alter or remove their reviews. Learn more. X o' Search within the reviews Sort by Yelp Sort - Language English (14) - r Check spring cleaning off your to-do list. Start your review of Kazi's Hookah Lounge. Find Cleaners on Yelp Amit D. Seattle, WA 140 friends Hours Q 31 reviews Mon 3:00 pm - 1:00 am (j 47 photos Tue 3:00 pm - 1:00 am Wed 3:00 pm - 1:00 am closed now Thu 3:00 pm - 1:00 am Fri 3:00 pm - 2:00 am Sat 3:00 pm - 2:00 am Sun 3:00 pm - 1 00 am O Edit business info More business info Takes Reservations Yes Accepts Credit Cards Yes Accepts Bitcoin No Parking Private Lot Bike Parking Yes Wheelchair Accessible Yes https://www.yelp.com/biz/kazis-hookah-lounge-renton-2 1 /5 3/28/2018 Kazi's Hookah Lounge - 86 Photos & 14 Reviews - Hookah Bars - 111 Airport Way S, Renton, WA - Phone Number - Yelp ©[nW ©©© 10/7/2017 Good for Groups Yes Great place! Great service! Comfortable sitting Good Ambience Casual ambience. Plenty of parking space! Noise Level Loud Me and my friends tried and tested many hookah places Good For Dancing Yes around Seattle area. This is much much better. Alcohol No They serve light snacks, soft drinks, etc. I wouldn't say they are of the best restuarent quality, but manageable if you Happy Hour Yes just want to have a bite or two Best Nights Wed, Fri, Sat Coat Check No Smoking Yes Ken P. ©©©©© 3/10/2018 Outdoor Seating No Kent, WA Wi-Fi Free friends Best hookah in the whole PNW, great customer service and g 6 reviews Q 5 very comfy seating. Also serve delicious fresh food and Has TV Yes drinks. The mango lassi is delicious! Dogs Allowed No Has Pool Table Yes Feadal A. r First to review From the business We carry many varieties of flavors to chose Yunus K. ®aND" 2/22/2018 tm from. We serve each hookah fresh, clean Bolingbrook, IL and top of the line quality. Try the best of {; o friends Visited the place before Within the last 6 months. I gave best hookah here in Renton WA. Q 6 reviews my phone number as I had paid my membership then. The person tending to me said they couldn't find my details so Learn more about Kazi's Hookah Lainge I'd have to pay the membership fee again. In principal I don't agree with that unless there is an expiry and hey had You might also consider my account information. However, I was given no explanation and as a consequence I left. Just want in the mood to pay the extra $5 for the membership without People also viewed explanation of what happened to my details from the last time I was there. Sultan Hookah lounge i + `. > 2 reviews Ali G. ©Q©©© 1/13/2018 Bluemist Hookah Lounge Fairfax, VA °I '1 0 22 reviews i; o friends Great service - owner (Sonny) & staff are welcoming and 13 reviews Q show they value your business. Ask for a flavor and they Haseeb the owner is a great o /o ask, "how much of each would you like" and they make guy and very hospitable. guy and recommendations Oust in case). For someone who's Babylon Hookah House enjoyed a puff all around the world, that's a first. Comfy 7 couches, lots of parking, reasonable prices, music is on reviews point for new & old skool hip hop heads and lassi with ice cream is delicious. Other Hookah Bars Nearby Find more Hookah Bars near Kazi's Hookah Lounge Tre T. Arlington, WA Browse nearby v 0 friends © 1 review Restaurants Q 6 photos Cafes Food Y Bars Shopping {=; Hotels Landmarks '•• Show all People found Kazi's Hookah Lounge by searching for... Hookah Bars Renton https://www.yelp.com/biz/kazis-hookah-lounge-renton-2 2/5 3/28/2018 Kazi's Hookah Lounge - 86 Photos & 14 Reviews - Hookah Bars - 111 Airport Way S, Renton, WA - Phone Number - Yelp ©©©©© 8/27/2017 Near Me This place is popping! Non-stop vibes of the best kind. Hookah Bars Near Me Great for people who thrive in a boss ass environment. Security is on their game, knows who and who not to let in. Hookah Lounge Near Me Popped in for charcoal and the lady that helped me was fast, knew what she was talking about, knew her merch and carried the best of the best, just like all the guys behind the counter they all know their shit. This place is the go to hookah joint! Great place to pop in for the best of the best charcoal, also a great place to chill, kick back, and enjoy the beats Lauren K. E)©©©© 9/2/2017 Renton, WA is 292 friends Ample parking, reasonable prices, friendly and helpful staff, Q 10 reviews comfy seating, quality hookah, and great music. My new go -to hookah lounge in the area. 10/10 would recommendl! Melika R ©©©©© 7/22/2017 Bellevue, WA f f 10 friends Really nice place, good music and not too loud so you can Q 2 reviews talk to your friends and relax. Friendly stuff and good prices on food and drinks too. Melanya L. 12l2212017 Seattle, WA p !! 24 friends This place was amazing when I first came here, the music Q 2 reviews was great, and the man over the counter was friendly. They 5 photos offered nice flavors and have good deals on how much everything is. My second experience was less of a good one. I purchased a refill of sheesha and the women, she's a young women and she said "I'll make it myself and bring it to you" 30-40 minutes later my friend asked her why we haven't gotten it yet, she then said she already gave it out to the person, meanwhile we don't have anything. I then confronted her and she apologized for forgetting I was the one that purchased it. Yesterday night I came here again. After deciding if I should go to Cloud9 or here, I chose this place because I thought it was more of a positive environment. When we came to the register the man that was friendly last time was there. He was still nice but then https://www.yelp.com/biz/kazis-hookah-lounge-renton-2 3/5 3/28/2018 Kazi's Hookah Lounge - 86 Photos & 14 Reviews - Hookah Bars - 111 Airport Way S, Renton, WA - Phone Number - Yelp there was this girl with glasses that kept overly talking about how much she hated the customers I spent about 30 minutes here and she was constantly talking about closing down the store, how much the customers are stupid and how much she hates all of them. It made me feel really uncomfortable because the guy worker was there, the same lady that promised to bring me my sheesha herself, and now this other worker being highly unprofessional. I get that it's a chill place to be at, but It definitely became the least place I would even want to sit at. Thank you Kazi for this experience. My advice to you is to at least wait. We came in at 12am, you guys close at 3am. No need to talk about how much you hate everyone until after y'all are closed. Stay professional- good luck. Riley C. ©©�©© 8/31/2016 Issaquah, WA ji 70 friends There was very good music here, a really relaxed Q 12 reviews environment. Seating was great, and the employees knew what they were doing. Took around seven minutes or so to get everything setup. I believe they have food and drink as well for reasonable pricing. Only downside was an extra $5 for a membership, but likely to come back again! 5/5 Feadal A. ©©©©© 2/29/2016 Kent, WA 167 friends 0 First to Review Q 4 reviews THIS PLACE HAS THE BEST HOOKAH, ATMOSPHERE, AND SERVICE IN AMERICA!' I really mean that. I've been to hookah lounges all over the country, and no other place compares to the excellence of Kazi. Fahima A. ©©©©© 3/7/2017 Seattle, WA j; 38 friends The quality of their hookah is amazing! its always smooth Q 5 reviews and clean and you can actually taste the flavor! unlike other places where everything tastes burnt right away and your left coughing and fixing the hookah the whole time. Their customer service is also exceptional! their very knowledgeable, friendly, and quick no matter how busy they are. You never have to wait around for assistance they fix and replace your hookah right when you need it without even asking' Azka A. ©©©©© 4/27/2016 Olivehurst, CA j; 0 friends This place is a must! If you are into relaxing and enjoying Q 7 reviews time with your friends along with some delicious hookah, I would definitely go try this place out! The customer service is excellent and I have never been disappointed by the hookah itself! Ash G. ,(�2�-. �Chino, CA x if 0 friends Q 39 reviews Q 3 photos https://www.yelp.com/biz/kazis-hookah-lounge-renton-2 4/5 3/28/2018 Kazi's Hookah Lounge - 86 Photos & 14 Reviews -Hookah Bars - 111 Airport Way S, Renton, WA -Phone Number -Yelp ©©[%©© 7/10/2016 Great hookah and music.no food but there are a few snack options available. Some hot tea would be a good addition to the menu Janice B. Renton, WA 9/2412016 64 friends Very strange treatment by the staff. 4 of us went in to check Q 3 reviews it out (use to be a tavern we frequented) and the staff just approached us & said "we don't serve food here". We were quite puzzled and uncomfortable because they did not offer any services they did provide -- we had just eaten so we weren't there to order food. Due to the negative energy and lack of welcome we just left. It felt like a cultural slight because we are white. Confusinglll Page 1 of 1 12 other reviews that are not currently recommended - Best of Yelp Renton — Hookah Bars Bluemist Hookah Lounge King's Hookah Lounge Babylon Hookah House QQQQQ 22reviews QQQQQ 15reviews 13p013(3 7reviews See More Hookah Bars in Renton You Might Also Consider About Discover Yelp for Business Owners Languages About Yelp The Local Yelp Claim your Business Page English - Careers Yelp Blog Advertise on Yelp Press Support Yelp Reservations Countries Investor Relations Yelp Mobile Yelp WiFi United States - Content Guidelines Developers Business Success Stories Terms of Service RSS Business Support Privacy Policy Yelp Blog for Business Owners Ad Choices Site Map Atlanta I Austin I Boston Chicago I Dallas I Denver I Detroit I Honolulu I Houston I Los Angeles ( Miami Minneapolis I New York ( Philadelphia Portland Sacramento ( San Diego I San Francisco I San Jose I Seattle I Washington, DC More Cities Copyright © 2004-2018 Yelp Inc. Yelp, *p* , * and related marks are registered trademarks of Yelp. https://www.yelp.com/biz/kazis-hookah-lounge-renton-2 5/5 3/28/2018 Kazi's Hookah Lounge - Reviews I Facebook Kazi's Hookah Lounge @kazishookahlounge Like Share Send Message Send Message Forgot account? People talk about belly dancer and best hookah experience 4.6 of 5 stars 4,6 28 reviews MOST HELPFUL MOST RECENT STAR RATING 5 stars 23 4 stars 3 Ruben Hernandez reviewed Kazi's Hookah Lounge — 3 stars September 17, 2017 2 stars 1 It was my first time trying hooka and i could have not been any happier with the 1 star 1 experience. Friendly staff, good environment to just sit and relax, play some pool and listed to good music. My friend invited me and im very pleased with this experience. Thanks again...... see you soon! Share Kazi's Hookah Lounge likes this. Kazi's Hookah Lounge Thank you for your generous review! Look forward to see you again! 22w Vander L. MackMillion reviewed Kazi's Hookah Lounge4) - January 6 This is a cool ass spot! Although serving alcohol would be a plus.... Share John Quest Dew reviewed Kazi's Hookah Lounge — September 23, 2016 Being from Chicago I always look for Hookah spots that can give me the best of all worlds. Kazi definitely does that. The atmosphere of a dimly lit space that place great music and with a belly dancer is amazing but you came for Hookah and the Hookah they supply is top notch for a very reasonable price. You can mix and match as many flavors as you want and get away with getting a hookah for under $20. Parking is great. There is a small membership fee of $5 for one year and non- https:/twww.facebook.com/pg/kazi,, 1 /4 3/28/2018 Kazi's Hookah Lounge - Reviews I Facebook Like Share Send Message Tashina McCullough reviewed Kazis Hookah Lounge — February 17, 2016 HOOKAH and service is the best. I've been to a lot of hookah places but now I only come to Kazis. Share Mike Little Katsambas and Kazi's Hookah Lounge like this. Kazi's Hookah Lounge Yesmin Neela reviewed Kazi's Hookah Lounge — @kazishookahlounge February 13, 2016 The are truly expert on this. Best hookah as place to enjoy. Very classy and clean lounge. This is my place to bel Share Feadal Arafat reviewed Kazi's Hookah Lounge January 3. 2017 Best atmosphere, service, crew, and entertainment out of all the hookah lounges I've ever been to! Share Kazi's Hookah Lounge likes this. Reginald Rakha Singh reviewed Kazi's Hookah Lounge — 't°,'\,. March 31, 2015 Going to be my second home! Great Owner Great Customer Service with the Best Hookah Experience! Share Kazi's Hookah Lounge likes this 10 Antonio Strothers reviewed Kazi's Hookah Lounge — February 28, 2017 It was chill..i really liked the setting and employees were coo.. Share a Brandi Edwards reviewed Kazis Hookah Lounge — July 10. 2015 Delicious! We will definitely be coming back! Share Kazi's Hookah Lounge likes this. Bryn King reviewed Kazi's Hookah Lounge — January 31,2016 https://www.facebook.com/pg/kazi: 2/4 3/28/2018 Kazi's Hookah Lounge @kazishookahlounge Home About Photos hftps://www.facebook.com/pg/kazi,, Kazi's Hookah Lounge - Reviews i Facebook Like Share Send Message Send Message April 20, 2017 Share Diana Salah reviewed Kazi's Hookah Lounge — December 11. 2016 Share Gary Wang reviewed Kazi's Hookah Lounge — October8,2016 Share Tim Chakhalov reviewed Kazi's Hookah Lounge — October 7, 2016 - Share lrtyza haheen reviewed Kazi's Hookah Lounge — May 19, 2016 Share Mike Little Katsambas reviewed Kazis Hookah Lounge — February 28,2016- Share Aditi Sharma reviewed Kazi's Hookah Lounge — October 2, 2015 Share Kazis Hookah Lounge likes this. •Tyree Milon reviewed Kazis Hookah Lounge — September 18, 2015 Share Kazi's Hookah Lounge likes this. Shourov Ghosh reviewed Kazi's Hookah Lounge — July 5, 2015 Share Dan Silva reviewed Kazis Hookah Lounge — June 19, 2015 Share 3/4 3/28/2018 Reviews Videos Posts Community Kazi's Hookah Lounge @kazishookahlounge Kazi's Hookah Lounge - Reviews I Facebook Like Share Send Message Send Message Kashif Dar reviewed Kazi's Hookah Lounge — March 31, 2015 Share Kazi's Hookah Lounge likes this. Fahim Aumi Abid reviewed Kazi's Hookah Lounge — March 31, 2015 Share English (US) Espariol Frangais (France) �H�Z(JrJ1#) tir" Portugues (Brasil) Italiano at-W Deutsch f07�t F1 a:n't Sign Up Log In Messenger Facebook Lite Mobile Find Friends People Pages Places Games Locations Celebrities Marketplace Groups Recipes Sports Look Moments Instagram Local About Create Ad Create Page Developers Careers Privacy Cookies Ad Choices Terms Help Facebook © 2018 https://www.facebook.com/pg/kazishookahlounge/reviews/?ref=page_internal 4/4 3/28/2018 Kazi's Hookah Lounge - Home i Facebook Kazi's Hookah Lounge @kazishookah lounge Like share Send Message ,( gruP Photos See All Send Message Forgot account? Places Renton, Washington Arts & Entertainment Kazi's Hookah Lounge Privacy Terms Advertising Cookies More Facebook © 2018 hftps://www.facebook.com/kaz 3/28/2018 Kazi's Hookah Lounge - Home I Facebook Like Share 1 Send Message John Quest Dew September 23, 2016 Being from Chicago I always look for Hookah spots that can give me the best of all worlds. Kazi definitely does that. The atmosphere of a dimly lit space that place great music and with a belly dancer... See More Therese Jose Kazi's Hookah June 8, 2017 Lounge Great time, but maybe have more variety in music? Would give 5 if there was more variety in music. @kazishookahlounge Tashina McCullough February 17, 2016 HOOKAH and service is the best. I've been to a lot of hookah places but now I only come to Kazis. Yesmin Neela February 13, 2016 x The are truly expert on this. Best hookah as place to enjoy. Very classy and clean lounge. This is my place to be! Feadal Arafat January 3, 2017 Best atmosphere, service, crew, and entertainment out of all the hookah lounges I've ever been to! Reginald Rakha Singh March 31, 2015 t,. Going to be my second home! Great Owner Great Customer Service with the Best Hookah Experience' Videos Antonio Strothers February 28, 2017 It was chill..i really liked the setting and employees were coo.. Brandi Edwards July 10, 2015 Delicious! We will definitely be coming back! Bryn King January 31, 2016 GOOD PEOPLE! Great environment! REAL Hookah! Coming back for sure! See All Send Message Places Renton, Washington Arts & Entertainment Kazi's Hookah Lounge Privacy Terms Advertising Cookies More Facebook © 2018 https://www.facebook.com/kaz 3/28/2018 See All Kazi's Hookah Posts Lounge • Kazi's Hookah Lounge @kazishookahlounge December 30, 2017 Dear Customers, on the New Years Eve 31 st December we will be open from 3pm to 9pm. We are close after 9pm. Sorry for the inconvenience. Thank you and Happy New Year 2018 ! Like Comment in Kazi's Hookah Lounge October 1, 2017 Our second location has been open 25636 102nd pi se Kent wa 98030. Like Comment Bella Jovan and Melvin Mathew like this. 2 Shares See All Posts •Kazi's Hookah Lounge is at Kazi's Hookah Lounge. August 26, 2017 Renton, WA Fight Home About Photos Reviews hftps://www.facebook.com/kazishookahlounge/ Lounge in Renton, Washington 4.6 Opens in 35 minutes Community See All l` 245 people like this i\ 246 people follow this About See All 2 ... ay Jai P. j 111 Airport Way S (0.95 mi) Renton, Washington 98057 Get Directions (425)528-2904 Lounge • Hookah Lounge - Arts & Entertainment Price Range $$ Hours 3:00 PM - 1:00 AM Opens in 35 minutes People 245 likes 1,433 visits People Also Like Ka W Koreann RRestaestaurant Burien UFO Festival Arts & Entertainment d_HWL'.A W—, or Rnarl Nn��en 3/11 3/28/2018 Videos Posts Community Kazi's Hookah Lounge @kazishookah lounge - August 26, 2017 Renton, WA Fight is on! 55 Views Like Comment Share Bella Jovan likes this. .Kazi's Hookah Lounge August 26, 2017 Fight is on starts at 8:45pm tonight! English (US) Espanol Portugues (Brasil) Francais(France)- Deutsch Ad Choices Places Renton, Washington Arts & Entertainment Kazi's Hookah Lounge Privacy Terms Advertising Cookies More Facebook © 2018 https://www.facebook.com/kazishookahlounge/ 4/11 3/28/2018 •Kazi's Hookah Lounge is at Kazi's Hookah Lounge. August 26, 2017 - Renton, WA Fight is on at kazi's! Mayweather vs McGregor! Kazi's Hookah x Lounge @kazishookahlounge u �� ,xAi ay 5 Janes Perk 5 •Kazi's Hookah Lounge Lounge Renton, WA 1,433 people checked in here Like Jorge Beltran likes this. •Kazi's Hookah Lounge August 20, 2017 Places Renton, Washington Arts & Comment Entertainment Kazi's Hookah Lounge Privacy Terms Advertising Cookies More Facebook 0 2018 https://www.facebook.com/kazishookahlounge/ 5/11 3/28/2018 Kazi's Hookah Lounge @kazishookahlounge Like Comment Rosely Munoz likes this. Top Comments Bella Jovan Love it! IrI41 31w •Kazi's Hookah Lounge August20,2017 Places Renton, Washington Arts & Entertainment Kazi's Hookah Lounge Privacy Terms Advertising Cookies More Facebook © 2018 https://www.facebook.com/kazis 6/11 3/28/2018 Kazi's Hookah Lounge - Home I Facebook Like Share Send Message Send Message 84 Views Like Comment Share Rana A Q Rana likes this. Top Comments 1 Share Kazi's Hookah AdUk Bella Jovan Super fun night last night!! 141 j, j Lounge qP 31w @kazishookahiounge •Kazi's Hookah Lounge is at Kazi's Hookah Lounge. August 20, 2017 - Renton, WA Beautiful Bella this weekend 82 Views Like Comment Share Rana A Q Rana and Nini Tupua like this. Top Comments 1 Share Bella Jovan Awww thank you so much for having me!! I had an Places Renton, Washington Arts & Entertainment Kazi's Hookah Lounge Privacy - Terms - Advertising Cookies • More Facebook ® 2018 hftps://www.facebook.com/kaz 3/28/2018 Kazi's Hookah Lounge - Home I Facebook Like share Send Message a, AF Kazi's Hookah Lounge @kazishookahlounge . Kazi's Hookah Lounge Lounge Renton, WA 1,433 people checked in here Like Comment Top Comments " Bella Jovan Can't waitll s2v, •Kazi's Hookah Lounge August 8, 2017 Kazi's Hookah Lounge updated their address. Get Directions Like Comment Share •Kazi's Hookah Lounge July 20, 2017 Closing time of the day Send Message Places Renton, Washington Arts & Entertainment Kazi's Hookah Lounge Privacy Terms Advertising Cookies More Facebook © 2018 https://www.facebook.com/kaz 3/28/2018 Kazi's Hookah Lounge @kazishookahlounge Kazi's Hookah Lounge - Home i Facebook Like Share Send Message 66 Views Like .Kazi's Hookah Lounge May 20, 2017 Kazi's at day time 158 Views Comment Like Comment Ingrid Russell-Narcisse likes this. 1 Share r Jorge Beltran Victor Moreno 44w Share Share Top Comments Send Message Places Renton, Washington Arts & Entertainment Kazi's Hookah Lounge Privacy Terms Advertising Cookies More Facebook © 2018 https://www. 3/28/2018 Kazi's Hookah Lounge - Home I Facebook Kazi's Hookah Lounge @kazishookahlounge Like share Send Message Like Comment isKazi's Hookah Lounge March 14, 2017 Remodeling and improved ti for you guys! Send Message Places Renton, Washington Arts 8 Entertainment Kazi's Hookah Lounge Privacy Terms Advertising Cookies More Facebook © 2018 https://www.facebook.com/kaz 3/28/2018 Kazi's Hookah Lounge - Home I Facebook Kazi's Hookah Lounge @kazishookah lounge Like share Send Message Send Message uKe �ununenc andre Mustu Islam, Azka Khan Arafat and Bella Jovan like this. 1 Share See More Places Renton, Washington Arts & Entertainment Kazi's Hookah Lounge Privacy Terms Advertising Cookies More Facebook © 2018 https://www.facebook.com/kazishookahlounge/ 11/11 COR 2 Denis Law Mayor Office of the City Attorney Shane Moloney Via First Class Mail and Electronic Mail to tobacco. prevention@kingcounty.gov and Scott. Neal@kingcounty.gov March 30, 2018 Mr. Scott Neal Program Manager Tobacco Prevention Program Public Health — Seattle & King County 4015th Avenue, Suite 1100 Seattle, Washington 98104 RE: Kazi's Hookah Lounge, LLC, 111 Airport Way, Renton, WA 98057 Title 19 of the Code of the King County Board of Health / Indoor Smoking Reference: Case No. NAO-20170630-216 REQUEST FOR IMMEDIATE ACTION Dear Mr. Neal: This letter responds to the City of Renton's and Public Health's correspondence, dated March 29, 2018, regarding Kazi's Hookah Lounge, LLC ("Kazi's"). The City very much appreciates both Public Health's limited resources and its willingness to reinspect Kazi's. I'd like to clarify both the City's request and its offer of assistance. If Public Health determines Kazi's operations violate state and county laws, the City is ready and willing to take some of the enforcement load off of Public Health through its business licensing authority or by seeking an injunction on behalf of the City pursuant to RCW 70.160.070(3)(b) and/or applicable City regulations. However, because RCW 70.160.070 appoints Public Health as the enforcement agency for violations of RCW 70.160.050, the City cannot act without Public Health first investigating the business and making an appealable determination that Kazi's is not a private smoking club, but rather a place of employment and/or a public place, and its entire business model violates RCW 70.160.050. As mentioned in Ms. Weldon's letter, the City may revoke or deny a business license if that business's operation is in violation of health regulations. We believe we should take that action if the very nature of the business violates health regulations. At this point, we only have record of Public Health issuing generic notices of violations that do not identify the business' operations as in violation of Chapter 70.160.050. The notices, on their face, could not be distinguished from a notice issued to a restaurant that on isolated occasions did not prevent customers from smoking within 25 feet of its entrance. Senior Assistant City Attorneys Leslie Clark and Cheryl L. Beyer • Assistant City Attorney Alex Tuttle Prosecuting Attorneys Iva Clark, Joseph S. Brown, Jason Mercer and Sotha Lor ioS5 South Grady Way, Renton, WA 98o57 0 (425) 430-6480 • Fax (425) 43o-6498 • rentonwa.gov Mr. Scott Neal Page 2 of 3 March 30, 2018 Moreover, even internal investigative notes focus upon the existence of apparent employees who claimed to be owners of the business and hadn't updated their ownership status with the state — as if Kazi's only violation is one of not properly filing paperwork. As I believe Ms. Weldon's letter and its enclosures show, Kazi's violations go far beyond mere paperwork violations. The public reviews demonstrate that the business is both open to the public, has employees and offers live entertainment. If you agree the very nature of Kazi's business model may violate RCW 70.160.050, we ask that you independently pursue your investigative authority to confirm whether that belief is supported by the evidence. If you make such finding, we ask that your enforcement efforts go beyond periodic site visits. Public Health's enforcement tools are not limited to seeking an injunction. RCW 70.160.070(2) states that after a first warning, "[a]ny subsequent violation is subject to a civil fine of up to one hundred dollars. Each day upon which a violation occurs or is permitted to continue constitutes a separate violation." Since June of 2017, has Public Health issued any additional fines? If not, what were Public Health's reasons for declining to do so? Moreover, separate from issuing fines and seeking injunction relief, RCW 70.160.070(3) states that "Local health departments shall enforce RCW 70.160.050 ... by ... (a) Serving notice requiring the correction of any violation." Emphasis added. As noted above, Public Health's June 30, 2017, correction order is generic and does not put the owner of the business on notice that the very nature of its business is in violation, and does not identify with any specificity as to what corrective action is required. We ask that, at a minimum, Public Health investigate to determine whether the very nature of Kazi's operations violate RCW 70.160.050. If that is the case, we ask that Public Health issue a new notice of violation and correction order that specifies the factual support for your finding that the business model is unsustainable under RCW 70.160.050 and what corrective steps the business must take to comply with the statute. If Public Health finds that Kazi's continues to violate RCW 70.160.050 after receiving such a detailed notice and order, that will enable the City to act on its own pursuant to its business licensing authority, relieving Public Health of the burden of filing its own action seeking injunctive relief. Of course, if Public Health is willing to seek injunctive relief, or even request the City to seek such an injunction pursuant to RCW 70.160.070, the City will cooperate with you on such enforcement action. Please understand that the City takes compliance with all laws within the City of Renton very seriously — particularly those that are designed to protect health, safety, and welfare. This business has been the center of attention in Renton for months, if not years, due to multiple instances of shootings and violence that creates a danger for the residents, businesses, and guests of our City. That attention shines a spotlight on the very nature of the business that is by all outward appearances blatantly violating the state's indoor smoking laws. As the business continues to endanger the health and safety of its public guests and employees, it is very difficult for the City to explain to its residents and surrounding businesses that the io55 South Grady Way, Renton, WA 98o57 • rentonwa.gov Mr. Scott Neal Page 3 of 3 March 30, 2018 business is allowed to continue to operate because Public Health lacks resources to take enforcement action. All we ask is that you take note of these obvious outward appearances, investigate, make findings, and issue appropriate and appealable orders that are sufficient enough forthe City to rely upon to assist Public Health in the enforcement of RCW 70.160.050.Of course, if Public Health determines that despite all the outward appearances, the business is in fact a private smoking club in compliance with applicable indoor smoking laws, we will be able to explain that finding to residents and business owners when asked why it is allowed to continue its business. Sincerely, Shane Moloney City Attorney Enclosures cc: (all via e-mail) Fel Pajimula, Public Health — Seattle & King County (Fel.Pajimula@kingcounty.gov) Denis Law, Mayor Jay B. Covington, Chief Administrative Officer Jan Hawn, Administrative Services Administrator Chip Vincent, Community & Economic Development Administrator Linda Weldon, Accounting Assistant Leslie Clark, Senior Assistant City Attorney Alex Tuttle, Assistant City Attorney Donna Locher, Lead Code Compliance Officer (D. ioSS South Grady Way, Renton, WA 980S7 • rentonwa.gov COR 3 Tobacco Prevention Program 401 Fifth Avenue, Suite 1110 Seattle WA 98104 206-296-7613 www.kingcounty.gov/health/tobacco April 16, 2018 Mr. Shane Moloney City Attorney City of Renton 1055 South Grady Way Renton, WA 98057 Public Health Seattle & King County RE: Kazi's Hookah Lounge, LLC, 111 Airport Way, Renton WA 98057 Dear Mr. Moloney, This letter is in response to your request for determination of whether Kazi's Hookah Lounge is operating in adherence to state and local smoking regulations. Since issuance of our department guidelines to Kazi's Hookah Lounge in September, 2016, we conducted one initial educational visit and four enforcement inspections. The timeline for these visits was as follows: • 1/4/2017: Educational visit (no enforcement actions taken) • 2/23/2017: Inspection (Violation noticed — required warning issued) • 6/25/2017: Inspection (Violation noticed — Notice and Order issued including fine and re -inspection fee) • 10/30/2017: Inspection (Violation noticed) • 4/5/2018: Inspection (Violation noticed) In all of the aforementioned visits, our inspector noticed multiple people smoking hookah pipes from within the establishment. During all four inspections, he witnessed multiple pipes being smoked inside the establishment and also determined that the establishment was operating both as a public place and as a place of employment. Despite given ample time to come into compliance, we have observed no substantial changes in how this business operated between our first educational inspection January 4, 2017 and our most recent enforcement inspection conducted on April 5, 2018. Therefore, we can reasonably conclude that the normal daily operations have consistently been in violation of RCW 70.160 and KC BOH Code 19.03. Mr. Shane Moloney Page 2 of 2 April 16, 2018 Both RCW 70.160 and KC BOH Code 19.03 prohibit smoking in public places and places of employment. Based on facts obtained during multiple inspections, it is our determination that this establishment has been operating and continues to operate both as a public place and a place of employment and therefore must prohibit smoking. I have included a detailed case report of our inspections and follow up actions that support this determination. If you have any further questions, please feel free to contact me directly at 206- 263-8197. Sincerely/ Sco Neal Tobacco Prevention Program Manager Enclosure: Kazi's Hookah Lounge Case History Report cc: (all via email) Fel Pajimula, Public Health —Seattle & King County Mariel Torres-Mehdipour, Public Health —Seattle & King County Denis Law, Mayor Jay B. Covington, Chief Administrative Officer Jan Hawn, Administrative Services Administrator Chip Vincent, Community & Economic Development Administrator Linda Weldon, Accounting Assistant Leslie Clark, Senior Assistant City Attorney Alex Tuttle, Assistant City Attorney Donna Locher, Lead Code Compliance Officer April 16, 2018 Case History Report: KAZI'S HOOKAH LOUNGE 111 Airport Way, RENTON, WA 98057 09/08/2016: Delivery of Private Smoking Facility Guidelines (PSFG) document via standard United States Postal Service. 01/04/2017: Fel Pajimula (FP) conducted educational visit at 12:15 AM and hand delivered PSFG document Ms. Kazi and asked if she received in it via USPS mail sometime in September of October 2016. Ms. Kazi stated she did not receive the guidelines by mail. FP verified address for mailing documents. FP observed seven individuals smoking from four different hookah pipes. Since this was an educational visit only, FP did not inquire about operational details of the establishment and therefore did not make any determination as to compliance at this time. FP provided the guidelines document to Ms. Kazi and explained that future inspections would follow and compliance would be based on these guidelines. 02/23/2017: Seattle -King County Department of Public Health employee Fel Pajimula (FP) conducted an inspection of Kazi's Hookah Lounge at 11:40 PM. Prior to entry FP observed visible business name signage on exterior of the building where the business is located. FP had unrestricted access to the entrance of the business and entered from the parking lot. FP entered through the front double doors of business into the large room where hookah is smoked. A male security person inside the business approached him and verified his ID and business card and allowed him to proceed to talk to Ms. Kazi. Ms. Kazi was not able to provide any accurate membership details to demonstrate application and approval process of membership. Ms. Kazi showed FP disorganized hard copy documents that she stated were member applications but not all details were accurate (dates and other missing info was observed). Ms. Kazi was also not able to provide a total number of current members. FP observed at least 25 people smoking from eight or more hookah pipes throughout the business. FP determined that the business was operating both as a public place (lack of membership details supporting private facility) and a place of employment (security staff working inside). FP advised Ms. Kazi that due to the observations, Kazi's Hookah Lounge was in violation for not operating within the PSFG in place. 04/20/17: Notice of Violation (warning and required by statue) official mandated warning) issued via standard U.S. Mail. 06/25/17: FP conducted an inspection at Kazi's Hookah Lounge at 12:05 AM and utilized a portable carbon monoxide monitor during this inspection. FP approached the front door, entered, and spoke to a male working as security inside the entrance. Upon entering FP observed two males working behind the counter and Ms. Kazi standing in the main couch area smoking from a hookah pipe. When FP approached Ms. Kazi she spoke to the two individuals and they left the hookah preparation area. FP advised her it appeared that they were conducting work and she responded that they are new partners that she is in the process of adding them to the state business license as owners. FP advised Ms. Kazi that the security person is recognized as an employee and therefore needed to be outside in order to not be exposed to the hookah smoke in his place of employment. FP observed a large number of people inside during inspection, well over 30 and counted at least nine hookah pipes in use. April 16, 2018 FP recorded the CO monitor reading of 5 parts per million while standing in the kitchen hookah preparation area. Ms. Kazi stated the new partners are Victor Cesar and Karamvi Singh. Ms. Kazi was not able to produce accurate records that would support the establishment as a private facility and was not able to provide a total number of current members. FP determined that the business was operating both as a public place (lack of membership details supporting private facility) and a place of employment (security staff working inside and what appeared to be two people working). FP advised Ms. Kazi that due to the observations, Kazi's Hookah Lounge was in violation for not operating within the PSFG in place. (FP verified on 612612017 that the only Governing People listed on the DOR website for UBI 604- 094-566 0010001 is KAZI, SHADIKA.) 06/30/2017: Notice of Violation and Notice and Order (NAO) issued and sent to business via certified tracked U.S. Mail 07/12/2017: Public Health received confirmation of NAO delivery. 10/30/2017: FP conducted an inspection at Kazi's Hookah Lounge at 11:40 PM and utilized a portable carbon monoxide monitor during this inspection. FP entered, and approached Ms. Kazi. FP observed approximately 30 individuals, smoking from at least 10 different hookah pipes and a person identified (by Ms. Kazi) as her sister was seen performing work functions (taking orders from customers, etc.) inside the business. Victor Casarez (DOB 02/17/91— WA DL: CASARVA091CP) was present and performing work functions (making hookah and/or delivering hookahs to customers) during the inspection. During the inspection, the CO monitor recorded varying levels of CO as high 41 PPM. See time graph. Ms. Kazi was not able to produce accurate records that would support the establishment as a private facility and was not able to provide a total number of current u:so:bo 00i0D.b 00:70:00 00:20:00 bb'30:00 members. FP —C«pp.) --- W—glevel determined that the From: Monday, 0001e00, 2017 11:41:02 PM -To: Tuesday, October 31 201712:30:22 AM business was operating both as a public place (lack of membership details supporting private facility) and a place of employment (Ms. Kazi's sister and Victor appeared to be performing work). FP advised Ms. Kazi that due to the observations, Kazi's Hookah Lounge was in violation for not operating within the PSFG in place. 04/05/2018; FP conducted an inspection at Kazi's Hookah Lounge at 10:25PM and utilized a portable carbon monoxide monitor during this inspection. There is no outdoor signage for the hookah lounge although signage remains for their previous restaurant business in the same April 16, 2018 location, "Kazi's Grill." This is a standalone building with no other business attached to the structure. FP entered the business via the front door which was not locked and had unrestricted entry to the business. Once inside the business FP made contact with a security person later identified as Darrell. FP requested to meet with the owner, Ms. Kazi and was told that she was not available. FP asked if Victor was available and was allowed to proceed to the counter for ordering hookahs. FP made contact with Victor and asked about Ms. Kazi's availability. Victor contacted Ms. Kazi on the phone and said that she was on her way. While waiting for Ms. Kazi to arrive FP observed 24 individuals smoking from no less than 10 hookah pipes inside the business. FP also confirmed the use of Al Fakher and Starbuzz brand hookah tobacco, and coals burning on the stove coils for use on the hookah. Victor was managing the business alone, taking orders, preparing hookahs, and delivering the hookah pipes. When new customers entered the business, FP did not see any action taken to verify membership for seven different people. Orders were taken and payment was made at the point of sale (POS) via credit card. During the inspection, the CO monitor recorded lower levels of CO, which may be due to the fact that FP was standing away from the point of sale and other hookahs. See time graph. 55.0 50.0 45.0 40.0 750 10.0 p 25.0 g 20.0 15.0 FP stepped outside to 10.0 mitigate secondhand 50 smoke and CO exposure 0.0 and wait for Ms. Kazi. �° Outside the establishment YLW.00 22:25:00 22:40:00 22:45:00 22:50:00 Darrell (security staff) —`°`°°°'' --- W" mg`"" FrThursday. April 5, 20181026:16 PM - TO: Thursday, April 5, 2018 10:52:16 PM stated that he sometimes om: checks ID from the area just inside the doors of the business, and thought it was OK for him to check ID inside of the first set of doors. Darrell also stated that he only does pat -downs and checked ID, and that all membership verification is done inside at the POS. Kazi arrived and FP spoke w/ her and Jafar (Ms. Kazi's fiance) outside of the business. When asked if she has signed up any new members Ms. Kazi stated that she has signed up "a few" but could not produce documentation verifying their application or approvals. Ms. Kazi stated that they are open as a hookah lounge 7 days a week and that they always operate with members only access. Ms. Kazi explained that she is using a new electronic membership 5-Star tracking system and is in the process of transferring/adding members to the new system. She stated that currently she has 319 members in 5-Star but was not able to confirm membership totals with the hard copy paper files. FP requested verification of membership applications and approval documents and Ms. Kazi asked if those documents needed to be on paper. FP reminded her that accurate records of member applications and approvals has always been required and is one part of operating within the guidelines set by Public Health. She stated that at different times she has April 16, 2018 run out of applications and/or paper for her printer so she was not able to print new forms to create new records. Ms. Kazi was not able to produce any accurate records that would support the establishment as a private facility and was not able to provide a total number of current members. FP determined that the business was operating both as a public place (lack of membership details supporting private facility) and a place of employment (security staff performing work inside). FP advised Ms. Kazi that due to the observations, Kazi's Hookah Lounge was in violation for not operating within the PSFG in place. COR 4 Denis Law Mayor I + 0 Administrative Services Jan Hawn, Administrator Via First Class Mail With a Copy Sent Via Electronic Mail to kazishadika@gmai►.com April 19, 2018 Ms. Shadika Kazi Kazi's Hookah Lounge, LLC 111 Airport Way Renton, Washington 98057 RE: Kazi's Hookah Lounge, LLC, 111 Airport Way, Renton, WA 98057 Denial of Request to Renew Business License No. BL.041328 Order to Close Business DEADLINE TO APPEAL: May 2, 2018 Dear Ms. Kazi: This letter concerns Kazi's Hookah Lounge LLC dba Kazi's Hookah Lounge, located at 111 Airport Way, Renton, Washington 98057 ("Kazi's"). The City of Renton ("City") hereby denies Kazi's request to renew its City of Renton business license number BL.041328. Furthermore, unless you appeal by May 2, 2018, the business is hereby ordered to close on or before May 3, 2018 until all violations are cured and the business obtains a currently valid business license. Background In 2016, the City issued business license number BL.041328 for Kazi's based on your written assurances about the nature of the business: "Hookah Lounge — flavor hookah serving to only members (private, 18 and up only [sic]."' 1 Cite: City of Renton business license application dated April 20, 2015, for business license issued under number BL.038904. 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Ms. Shadika Kazi Page 2 of 5 April 19, 2018 "Hookah lounge private member club."Z "[Beverage, membership, hookah and tobacco fees] would be collected by the owner of the hookah lounge which is me. This is open for members only. Members do understand the problems and they don't demand too much from us."3 "This hookah lounge is going to be using tobacco free hydro herbal shisha, the king, stream [sic] stones, and liquor gel etc. This is a social gathering lounge. Hours of operation from 5pm to lam."4 On December 28, 2017, the City issued the enclosed business license renewal notice stating that Kazi's business license would expire on April 30, 2018 and requiring renewal action by January 31, 2018. On April 11, 2018, you requested renewal by, among other things, paying annual fees and certifying that 4,850 hours had been worked for the nine -month period from April 1, 2017 through December 1, 2017.5 Findings that Kazi's Operates in Violation of Law and Regulations and Made False Statements Meanwhile, before the City had acted on your April 11, 2018 request to renew Kazi's business license, the City received the enclosed April 16, 2018 letter and its attachment (the "Letter") from the Tobacco Prevention Program within Public Health — Seattle & King County ("Public Health"). In the Letter, Public Health found and determined that Kazi's operates in violation of law and regulations because it is a "public place" and a "place of employment" where indoor smoking is prohibited: 1. During all four of Public Health's enforcement inspections, the inspector "witnessed multiple pipes being smoked inside the establishment and also determined that the establishment was operating both as a public place and as a place of employment;"' 2. "[Kazi's) has been operating and continues to operate both as a public place and place of employment and therefore must prohibit smoking;" and 2 Cite: City of Renton business license application dated May 31, 2017, for business license issued under number BL.041328. a Cite: Letter from Shadika Kazi, received by Renton on October 8, 2015. 4 Cite: Letter from Shadika Kazi, dated June 15, 2016. 5 Cite: April 11, 2018 renewal submittal, enclosed. 6 The Letter's attachment, the "Case History Report," documents the findings supporting Public Health's conclusion that Kazi's was operating as a public place and as a place of employment. • 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Ms. Shadika Kazi Page 3 of 5 April 19, 2018 3. "[Kazis] normal daily operations have consistently been in violation of RCW 70.1607 and KC BOH 19.03."1 Public Health's determination that Kazi's is operating as a public place and place of employment is consistent with information directly available to the City. The business license renewal information provided to the City on April 11, 2018 suggests that Kazi's is a "place of employment" because it has employees. Kazi's reported that the hookah lounge logged 4,850 hours as "worked" during the nine -month period from April 1, 2017 through December 31, 2017. The reporting of this many hours over a nine -month period suggests that the hookah lounge maintains employees. Reviews posted on Yelp! indicate that Kazi's is a "place of employment" because it has employees. For example:9 o "Great service — owner (Sonny) & staff are welcoming and show they value your business." Excerpt from review dated January 13, 2018. o "[F]riendly and helpful staff." Excerpt from review dated September 2, 2017. o "Security is on their game, knows who and who not to let in... the lady that helped me was fast ... just like all the guys behind the counter..." Excerpt from review dated August 27, 2017. Reviews and other information posted on Facebook indicate that Kazi's is a "public place" and a "place of employment" because it is used by and open to the public, has employees, and hosts live entertainment. For example:lo o "Friendly staff, good environment to just sit and relax, play some pool and listen to good music." Excerpt from post dated September 17, 2017. o Advertisement for "Saturday belly dancer show @10pm at kazi's hookah lounge," dated August 14, 2017. — Posted images of a belly dancer are dated August 20, 2017. — Additional posted images of a belly dancer are dated January 11, 2017. o "It was chill... i [sic] really liked the setting and the employees were coo [sic]..." Excerpt from post dated February 28, 2017. o An image of a DJ setup (showing an arm extending toward a turntable) is labeled "DJ Teddy," dated February 18, 2017. RCW 70.160.030 provides that "No person may smoke in a public place or in any place of employment." B Chapter 19.03 of the King County Board of Health Code is known as the "Smoking in Public Places Regulations." 9 Reviews posted at https://www.yelp.com/biz/kazis-hookah-lounge-renton-2 (last visited: March 28, 2018). 10 Information available from https://www.facebook.com/pg/kazishookahlounge/posts/?ref=page_internal (last visited: March 28, 2018). 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Ms. shadika Kazi Page 4 of 5 April 19, 2018 In addition to the above indications that Kazi's operates as a public place and a place of employment in contradiction to your statements that Kazi's would be a private, members -only club with no employees, the hours posted on Facebook state that the business operates from 3 p.m. to 1 a.m., contradicting your statement to the City that Kazi's would not open until 5 p.m." Denial of Request to Renew Business License and Order to Close Business The Renton Municipal Code authorizes the City to deny and/or revoke a business license when the business or the business license holder "violates state or municipal law or any health regulation." RMC 5-5-3.G.5.a.v. The City may also deny and/or revoke a business license when the business license holder "makes false statements or misrepresentations or fails to disclose material facts to the City." RMC 5-5-3.G.5.a.iv. As detailed above, Public Health determined that Kazi's operates in violation of law and health regulations, and the City determined that Kazi's representatives made false statements or misrepresentations or failed to disclose material facts to the City. These are the bases upon which the City denies Kazi's request to renew its business license. Because the City denies the renewal request, the City will be issuing a full refund of the renewal fees paid by Kazis. The Renton Municipal Code also authorizes the City to order a business to close if (1) the business is operating without a valid business license or (2) the business violates any provision in RMC 5- 5-3.G.5. See RMC 5-5-3.G.7. Here, the City's order to close the business is made on both of these grounds. First, because the City denies your request to renew Kazi's business license, Kazi's will no longer hold a valid business license after the April 30, 2018 expiration of the current business license.12 Second, for the reasons explained above, Kazi's is operating in violation of RMC 5-5- 3.G.5.a.v and RMC 5-5-3.G.5.a.iv. Please note that in ordering the business to close, the City does not waive any other or additional cures and penalties available to the City. CRITICALLY IMPORTANT REGARDING APPEAL RIGHTS; REVIEW CAREFULLY. Pursuant to RMC 5- 5-3.G.7, you have a right to appeal. May 2, 2018 is your deadline to appeal the denial of your request to renew Kazi's business license and/or the City's order to close the business. If you choose to appeal, you must serve a written notice of appeal addressed to "Administrative Services Administrator, City of Renton." Your written notice of appeal must be received by the Renton City Clerk's office, 1055 South Grady Way, Renton, WA, 98057 on or before the May 2, 2018 deadline. Your written notice of appeal must provide information proving that the City's basis for its actions was incorrect. u Facebook post referenced in above footnote lists hours as "3:00 PM —1:00 AM." 12 See also RMC 5-5-3.A.1("No person shall engage in Business unless such Business is authorized by a valid City of Renton general business license"). 10SS South Grady Way, Renton, WA 98057 • rentonwa.gov Ms. Shadika Kazi Page 5of5 April 19, 2018 If you do not timely file a written notice of appeal that satisfies the foregoing criteria, the business must close on or before May 3, 2018 until all violations are cured and the business obtains a currently valid business license. Sincerely, �e. D Linda Weldon Accounting Assistant Enclosures: 1. December 28, 2017 business license renewal notice 2. April 11, 2018 business license renewal submittal 3a. April 16, 2018 letter from the Tobacco Prevention Program, Public Health — Seattle & King County 3b. Attachment to April 16, 2018 letter cc: (all via e-mail) Public Health — Seattle & King County [Attention: Scott Neal (Scott. Neal@ kingcounty.gov), Marie[ Torres- Mehdipour(Mariel.TorresMehdipour@kingcounty.gov), and Fel Pajimula (Fel.Pajimula@kingcounty.gov] Denis Law, Mayor Jay B. Covington, Chief Administrative Officer Ian Hawn, Administrative Services Administrator Chip Vincent, Community & Economic Development Administrator Kevin Milosevich, Chief, Renton Police Department Shane Moloney, City Attorney Leslie Clark, Senior Assistant City Attorney Alex Tuttle, Assistant City Attorney Donna Locher, Lead Code Compliance Officer 10SS South Grady Way, Renton, WA 980S7 • rentonwa.gov Linda Weldon From: Linda Weldon Sent: Thursday, December 28, 2017 12:24 PM To: 'kazishadika@gmail.com' Subject: New Renton Business License Renewal for New Expiration Date "'�"— CITY OF ----- '`Renton 0 ***LICENSE RENEWAL NOTICE*** There Will Be No Further Notifications Sent December 28, 2017 KAZI'S HOOKAH LOUNGE LLC Re: BL.041328 Dear Business Owner, DUE DATE: 1/31/2018 The City of Renton has implemented a new on-line filing for business license renewals and tax filings. We will no longer be mailing out paper renewals —this email is your renewal notice. Beginning January 2018 we are transitioning every business license to a January 31' expiration date Your business license currently expires on 4/30/2018, however, in order to transition all licenses to a January 3V expiration date, the following steps must be completed by January 31", 2018: 1. Register and File Online at httas://taxlicense.rentonwa.gov Please see the Quick Filing Guide for instructions To register (if you have not already done so) you will need the following: UBI#: 604094566 Security code: 191762 2. Complete Hours Worked and Revenue in Renton for the reporting period: **4/1/2017through 12/31/2017 3. System will automatically prorate (January 2018 filing only) the following: Business License Fee (per license): $112.50 ($37.50 per quarter) B&O Tax Threshold (d applicable): $1,125,000.00 ($375,000.00 per quarter) Fire Endorsements (if applicable): $75.00 per endorsement ($25.00 per end, per quarter) Once you have completed the above steps and submitted your payment online (you may also print a voucher and mail in with a check and a copy of the voucher) we will issue you a new license with an expiration date of January 31, 2019. If you have any questions or concerns regarding the requirements listed in this email please contact the City of Renton Tax & License Division at: 425-430-6851(licensingc@rentonwa.aov) or 425-430-6950 (tax@rentonwa.sov). **If your business has closed or you are no longer conducting business in the City of Renton you will be able to report this on-line as well. However, please complete the hours worked and gross revenue for reporting purposes. Thank you for your cooperation and patience with this transition. Sincerely, City of Renton Finance Department I Tax and License Division 1055 S Grady Way _ r " Renton, WA 98057 "'�-r.�' f I'I'J ri U CITY OF RENTON BUSINESS TAX & LICENSE PAYMENT SUMMARY Return Filed Washington State Unified Business E: City Business License Expiration Status Identifier (UBI) Number 604094566 BL.041328 1/31/2018 Renewal Line Reporting Period Gross Revenue Annual Hours Business Taxable Tax Rate Tax Due No. Worked in Renton Credit Hours 1 04/01/2017 through 12/31/2017 1 $256,232.94 1 4850.00 1 1200 1 3650.00 1 0.0352 $128.48 Business License(s) Renewal Fee $112.50 Business License Late Renewal Penalty $36.15 Business License Reinstatement Fee $50.00 Fire Endorsement Fee $0.00 Fire Endorsement Penalty for Late Payment $0.00 Total Credits ($0.00) Total Due $327.13 Section II: Gross Receipts Tax (Renton Municipal Code 5.5 & 5.25) Line No. Tax Classification Column 1 Companywide Gross Receipts Column 2 Deductions* Column 3 From Schedule C Taxable Receipts Column 4 Tax Rate Column 5 Tax Due Column 6 1 Manufacturing / Processing for Hire / Extracting for Hire $0.00 $0.00 $0.00 0.00085 $0.00 2 Wholesaling $0.001 $0.00 $0.00 0.00085 $0.00 3 Retailing $0.00 $0.00 $0.001 0.00050 $0.00 4 Retail Service $0.00 $0.00 $0.001 0.00085 $0.00 5 Service & Other (Not apportioned) $0.00 $0.00 $0.00 0.00085 $0.00 6 Service & Other (Apportioned)* Carryover from Schedule A -> -> $0.00 0.00085 $0.00 7 Printing/Publishing $0.001 $0.00 $0.00 0.00085 $0.00 8 Extracting $0.001 $0.00 $0.00 0.00085 $0.00 9 Less Multiple Activities Tax Credit* Carryover from Schedule B > > > > > > > > > > > $0.00 10 Less New Business Tax Credit* Carryover from Schedule B > > > > > -> > > -> > -> $0.00 11 Total Gross Receipts Tax $0.00 $0.00 $0.00 $0.00 Name: shadika kazi E-mail: Kazishadika@gmail.com Title: Owner Phone: (206)518-8320 I hereby swear, under penalty of perjury, that the statements and information provided on this tax return are true and complete to the best of my knowledge. Date:04/11/2018 Tobacco Prevention Program 401 Fifth Avenue, Suite 1110 Seattle WA 98104 206-296-7613 www.kingcounty.gov/health/tobacco April 16, 2018 Mr. Shane Moloney City Attorney City of Renton 1055 South Grady Way Renton, WA 98057 Public Health Seattle & King County RE: Kazi's Hookah Lounge, LLC, 111 Airport Way, Renton WA 98057 Dear Mr. Moloney, This letter is in response to your request for determination of whether Kazi's Hookah Lounge is operating in adherence to state and local smoking regulations. Since issuance of our department guidelines to Kazi's Hookah Lounge in September, 2016, we conducted one initial educational visit and four enforcement inspections. The timeline for these visits was as follows: • 1/4/2017: Educational visit (no enforcement actions taken) • 2/23/2017: Inspection (Violation noticed — required warning issued) • 6/25/2017: Inspection (Violation noticed — Notice and Order issued including fine and re -inspection fee) • 10/30/2017: Inspection (Violation noticed) • 4/5/2018: Inspection (Violation noticed) In all of the aforementioned visits, our inspector noticed multiple people smoking hookah pipes from within the establishment. During all four inspections, he witnessed multiple pipes being smoked inside the establishment and also determined that the establishment was operating both as a public place and as a place of employment. Despite given ample time to come into compliance, we have observed no substantial changes in how this business operated between our first educational inspection January 4, 2017 and our most recent enforcement inspection conducted on April 5, 2018. Therefore, we can reasonably conclude that the normal daily operations have consistently been in violation of RCW 70.160 and KC BOH Code 19.03. Mr. Shane Moloney Page 2 of 2 April 16, 2018 Both RCW 70.160 and KC BOH Code 19.03 prohibit smoking in public places and places of employment. Based on facts obtained during multiple inspections, it is our determination that this establishment has been operating and continues to operate both as a public place and a place of employment and therefore must prohibit smoking. I have included a detailed case report of our inspections and follow up actions that support this determination. If you have any further questions, please feel free to contact me directly at 206- 263-8197. Sincerely Sco Neal Tobacco Prevention Program Manager Enclosure: Kazi's Hookah Lounge Case History Report cc: (all via email) Fel Pajimula, Public Health — Seattle & King County Mariel Torres-Mehdipour, Public Health —Seattle & King County Denis Law, Mayor Jay B. Covington, Chief Administrative Officer Jan Hawn, Administrative Services Administrator Chip Vincent, Community & Economic Development Administrator Linda Weldon, Accounting Assistant Leslie Clark, Senior Assistant City Attorney Alex Tuttle, Assistant City Attorney Donna Locher, Lead Code Compliance Officer April 16, 2018 Case History Report: KAZI'S HOOKAH LOUNGE 111 Airport Way, RENTON, WA 98057 09/08/2016: Delivery of Private Smoking Facility Guidelines (PSFG) document via standard United States Postal Service. 01/04/2017: Fel Pajimula (FP) conducted educational visit at 12:15 AM and hand delivered PSFG document Ms. Kazi and asked if she received in it via USPS mail sometime in September of October 2016. Ms. Kazi stated she did not receive the guidelines by mail. FP verified address for mailing documents. FP observed seven individuals smoking from four different hookah pipes. Since this was an educational visit only, FP did not inquire about operational details of the establishment and therefore did not make any determination as to compliance at this time. FP provided the guidelines document to Ms. Kazi and explained that future inspections would follow and compliance would be based on these guidelines. 02/23/2017: Seattle -King County Department of Public Health employee Fel Pajimula (FP) conducted an inspection of Kazi's Hookah Lounge at 11:40 PM. Prior to entry FP observed visible business name signage on exterior of the building where the business is located. FP had unrestricted access to the entrance of the business and entered from the parking lot. FP entered through the front double doors of business into the large room where hookah is smoked. A male security person inside the business approached him and verified his ID and business card and allowed him to proceed to talk to Ms. Kazi. Ms. Kazi was not able to provide any accurate membership details to demonstrate application and approval process of membership. Ms. Kazi showed FP disorganized hard copy documents that she stated were member applications but not all details were accurate (dates and other missing info was observed). Ms. Kazi was also not able to provide a total number of current members. FP observed at least 25 people smoking from eight or more hookah pipes throughout the business. FP determined that the business was operating both as a public place (lack of membership details supporting private facility) and a place of employment (security staff working inside). FP advised Ms. Kazi that due to the observations, Kazi's Hookah Lounge was in violation for not operating within the PSFG in place. 04/20/17: Notice of Violation (warning and required by statue) official mandated warning) issued via standard U.S. Mail. 06/25/17: FP conducted an inspection at Kazi's Hookah Lounge at 12:05 AM and utilized a portable carbon monoxide monitor during this inspection. FP approached the front door, entered, and spoke to a male working as security inside the entrance. Upon entering FP observed two males working behind the counter and Ms. Kazi standing in the main couch area smoking from a hookah pipe. When FP approached Ms. Kazi she spoke to the two individuals and they left the hookah preparation area. FP advised her it appeared that they were conducting work and she responded that they are new partners that she is in the process of adding them to the state business license as owners. FP advised Ms. Kazi that the security person is recognized as an employee and therefore needed to be outside in order to not be exposed to the hookah smoke in his place of employment. FP observed a large number of people inside during inspection, well over 30 and counted at least nine hookah pipes in use. April 16, 2018 FP recorded the CO monitor reading of 5 parts per million while standing in the kitchen hookah preparation area. Ms. Kazi stated the new partners are Victor Cesar and Karamvi Singh. Ms. Kazi was not able to produce accurate records that would support the establishment as a private facility and was not able to provide a total number of current members. FP determined that the business was operating both as a public place (lack of membership details supporting private facility) and a place of employment (security staff working inside and what appeared to be two people working). FP advised Ms. Kazi that due to the observations, Kazi's Hookah Lounge was in violation for not operating within the PSFG in place. (FP verified on 612612017 that the only Governing People listed on the DOR website for U81604- 094-566 0010001 is KAZI, SHADIKA.) 06/30/2017: Notice of Violation and Notice and Order (NAO) issued and sent to business via certified tracked U.S. Mail 07/12/2017: Public Health received confirmation of NAO delivery. 10/30/2017: FP conducted an inspection at Kazi's Hookah Lounge at 11:40 PM and utilized a portable carbon monoxide monitor during this inspection. FP entered, and approached Ms. Kazi. FP observed approximately 30 individuals, smoking from at least 10 different hookah pipes and a person identified (by Ms. Kazi) as her sister was seen performing work functions (taking orders from customers, etc.) inside the business. Victor Casarez (DOB 02/17/91— WA DL: CASARVA091CP) was present and performing work functions (making hookah and/or delivering hookahs to customers) during the inspection. During the inspection, the CO monitor recorded varying levels of CO as high 41 PPM. See time graph. Ms. Kazi was not able to n.b produce accurate '°° records that would support the ,°.° ,°_ "°}' establishment as a private facility and was °A not able to provide a total number of current "°°°° f,":00 °"10"0 00:20;00 ",dd members. FP —MpM) ---W—gLttet determined that the From. Monday, October 30, 2017 11b102 PM - To: Tuesday, October 31. 2017 12 30 22 AM business was operating both as a public place (lack of membership details supporting private facility) and a place of employment (Ms. Kazi's sister and Victor appeared to be performing work). FP advised Ms. Kazi that due to the observations, Kazi's Hookah Lounge was in violation for not operating within the PSFG in place. 04/05/2018: FP conducted an inspection at Kazi's Hookah Lounge at 10:25PM and utilized a portable carbon monoxide monitor during this inspection. There is no outdoor signage for the hookah lounge although signage remains for their previous restaurant business in the same April 16, 2018 location, "Kazi's Grill." This is a standalone building with no other business attached to the structure. FP entered the business via the front door which was not locked and had unrestricted entry to the business. Once inside the business FP made contact with a security person later identified as Darrell. FP requested to meet with the owner, Ms. Kazi and was told that she was not available. FP asked if Victor was available and was allowed to proceed to the counter for ordering hookahs. FP made contact with Victor and asked about Ms. Kazi's availability. Victor contacted Ms. Kazi on the phone and said that she was on her way. While waiting for Ms. Kazi to arrive FP observed 24 individuals smoking from no less than 10 hookah pipes inside the business. FP also confirmed the use of Al Fakher and Starbuzz brand hookah tobacco, and coals burning on the stove coils for use on the hookah. Victor was managing the business alone, taking orders, preparing hookahs, and delivering the hookah pipes. When new customers entered the business, FP did not see any action taken to verify membership for seven different people. Orders were taken and payment was made at the point of sale (POS) via credit card. During the inspection, the CO monitor recorded lower levels of CO, which may be due to the fact that FP was standing away from the point of sale and other hookahs. See time graph. FP stepped outside to mitigate secondhand smoke and CO exposure and wait for Ms. Kazi. Outside the establishment 2ZX00 22:35:00 2240:00 12:45:00 22:50:00 Darrell (security staff)—`°(°l'' -__ w,m"g Lft°' stated that he sometimes Ff Thursday, April 5. 201810:2616 PM- To: Thursday April 5, 201810:52.16 PM checks ID from the area just inside the doors of the business, and thought it was OK for him to check ID inside of the first set of doors. Darrell also stated that he only does pat -downs and checked ID, and that all membership verification is done inside at the POS. Kazi arrived and FP spoke w/ her and Jafar (Ms. Kazi's fiance) outside of the business. When asked if she has signed up any new members Ms. Kazi stated that she has signed up "a few" but could not produce documentation verifying their application or approvals. Ms. Kazi stated that they are open as a hookah lounge 7 days a week and that they always operate with members only access. Ms. Kazi explained that she is using a new electronic membership 5-Star tracking system and is in the process of transferring/adding members to the new system. She stated that currently she has 319 members in 5-Star but was not able to confirm membership totals with the hard copy paper files. FP requested verification of membership applications and approval documents and Ms. Kazi asked if those documents needed to be on paper. FP reminded her that accurate records of member applications and approvals has always been required and is one part of operating within the guidelines set by Public Health. She stated that at different times she has April 16, 2018 run out of applications and/or paper for her printer so she was not able to print new forms to create new records. Ms. Kazi was not able to produce any accurate records that would support the establishment as a private facility and was not able to provide a total number of current members. FP determined that the business was operating both as a public place (lack of membership details supporting private facility) and a place of employment (security staff performing work inside). FP advised Ms. Kazi that due to the observations, Kazi's Hookah Lounge was in violation for not operating within the PSFG in place. COR 5 Dear City of Renton Administrative Services Administrator, City of Renton Subject: Appealing for obtaining a renewal license for Hookah lounge. MAY 10 2018 I am writing this letter to request reconsideration of the hookah lounge. Received Chris Seese As violation has been noted, "Public open and employee zone" The law has regulated hookah lounge tobacco place can't have employees and can't be more to public. In 2016, new law passed that new members must apply for membership on an application and have no more than 2500 members per quarter. When I do not have paper, I do carry a system that shows the date when their membership expires. That way I can check and renew their membership and create new one. New member or Renewal, and how many members are currently active. It was to demonstrate how many members currently active. I did send out email to Health official FP to count the numbers of members currently active from my system. Now, the new system I recently got which can show right of way how many members are active on FiveStar account. I am also carrying paper application at all times for now on. I have understood that this needs to comfy with the laws. No place for employee, Victor Cassarez is on the business license. The next person "Sunny" is his nick name full name is "Sangram Parhar" also his brother Karamvi Parhar both on my license on new the partnership we have created in Kent location for hookah lounge. This was active on August or September 2017. They were here to observe the business and learn by watching and consulting with the clients. When the health official asked what are they are doing. I told them they are going to be on the license as new partner. I did not make a false statement. And you already can see that I have them as business partner. The belly dancer was part of private event from. And we did not pay for this entertainment. DJ Teddy was a private member of this lounge and he played songs without getting pay. We wanted to help him to build his client. The hours I have put on was included my hours, victor, and security hours. I might have made a mistake here by putting them. I am not sure but I would like to get feedback how to do this right. I am asking for help if I do any mistake. I obtain my hookah lounge license in May 2015 from city of Renton. My renewal for this license was in April 2016 and when I came to renew my business license. City of Renton said, "They made a mistake to hand me the hookah lounge license". I was shocked because how can someone make a mistake. I was told that State and city of Seattle including Mayor wants to to close down 11 hookah lounges due to many violent, open to public and health issue. I agreed to sign and send a letter for tobacco free if that is the decision to remain open since everyone else will have to do the same. But the decision over turn, due to fact it is "Racial Equity". Now, city of Seattle agreed to have the hookah lounge remain open but follow the new laws and regulation. I was explained the new laws and regulation in 2016.1 have been following the laws to keep only members and create a system that will comfy with the laws. I do understand sometimes mistake happens, and I truly apologized for not keeping the paper application sometimes handy. Hookah is a culture for many ethical groups. It is a big tradition and it has been around for many centuries. Our members appreciate us to have a place for them to come and enjoy a hookah session instead of being at their house where it becomes difficult not knowing how to do make it great hookah and experience. This is a big part of their culture and life. They want to seat and enjoy spending time with family and friends, do office or homework from school or work, play board or cards games. Clients don't mind driving from Seattle, Lynnwood, Bellevue, Kent, Tacoma, Tukwila or Renton for a good hookah experience. They understand all lounge rules and regulation. We are very strict hookah lounge compare to other hookah lounge. I understand you have close down the other hookah lounge in Renton due to many violence, shooting and fight. It is not the same over here. We keep a strong a relationship with clients and their safety. As well safety and reputation for Renton City. Our client knows that no can bring their personal problem here in this lounge. We don't have fights, arguments or shooting, other than what happened in September 2016 due to closure of nomads and maybe their clients try to come here but they couldn't come here because we have a strong system and no will like to be here because of so many rules and regulation in this lounge. Those people couldn't like this lounge. And we have zero toleration of any violation. Now, we have a strong system that if someone stays outside in the parking out more than 5 minutes than we will cancel the membership. This lounge is very clam compare to other lounge. We know what to do in situation to prevent anything happened head of time and of course the whole police department with us. Sandra Havlik from Renton city is there if I suspected any awkward activities and report to her so that way she can help to inform rest of the department. She has been a big help. We are asking for help to keep the system effective with all laws, rules, and regulation. As I said earlier, Hookah is a culture for many ethical groups. It is a big tradition and it has been around for many centuries. There is over 30 hookah lounges in Portland, 71 San Francisco, 336 in LA, 553 in New York. We live in a diverse county and hookah lounge are important for many culture. Hookah is all over the world and you can smoke publicly in restaurants, malls, outdoors, lounges etc. Violence is everywhere it has done many times in SouthCenter mall, bars and gas station but their business are open. Hookah lounge is not to blame for their people who are looking for trouble or wants to make trouble. We are simply trying to do give a community the feel of home. A place where they can stay connected to their culture. We are requesting you to reconsider your decision for the people and culture for hookah lounge. Sincerity, � -adika K zi Owner of Kazi's Hookah Lounge 111 Airport Way Renton, WA 98030 COR 6 Citybf �R7r"tb-n iSHAD IKA KAZ1 v i (206) 518-8320 THE UPS STORE #5264 ,a 17701 108TH AVE SE r j RE'14TON WA 9805E-64 04 1 LBS 1 OF 1 SHP WT: 1 LBS DATE: 01 MAY 2018 09/May/2818 21:17 9801-F("'...3b N ADMINISTRATIVE WAY WA 980 9=02 1; 493460362414299 nrnrrrru�mrmnnu�n Received C"swu rg� yaw k a, d6 ISH 13.0aN E2844 99.5V 04/2018 s ®SH1gI1R'"MICFnpi�tlK71mb�10nYQAbh1ImM W11fNM��1nNbY1{�ileMobeIIVSYMSNAir �Ya�almrdYtl i '+ ', 'f,�:. mMSPrlra Ya,rlNY�nhlgMpwmOrMhmmrMe,YJel�'adl�IwlnApY�kmMei6YwlMw�hBIr��MYbOLY1 ryrh.. oYefmarp Yr+rpdil.L � I�RIN1! � ,r. ,� .,a cSTi .. k R f I m0 rat r y � 550 ANDOVER PARK WEST TUKWLA, vVA 98188 USA firsbC ass Mad U S Pos!age Pe C UPS Ba321 Dear Customer: May 02, 2018 Shipper COD Amount Control Number Tracking Number THE UPS STORE #5264 9801-P094-0399 1ZRO93460362414399 We are unable to deliver this package(s) because: SUITE NUMBER NEEDED, NOT DELIVERED i Please pick up your package(s) at the Your shipment will be held at the above address until: address listed at the top - a government May 09, 2018 issued photo ID is required - or you may After that date, it will be returned to sender. call us at 1-800-877-1719 0000668 01 AB 0.265 "AUTO T41110698057.323255 -001 Our hours of operation are: CITY OF RENTON ADMINISTRATIVE SVCS Monday -Friday 08:30 AM - 06:30 PM 1055 S GRADY WAY RENTON, WA 98057-3232 For questions about this notice, call us at Inul�rlrllllllrlr��lrrllnr�111111111nlrlrllrll'r'rlrl�liirlrl 1-800-877-1719 COR 7 Administrative Services Jan Hawn, Administrator Via First Class Mail With a Copy sent Via Certified Mail, Return Receipt Requested And a Copy Sent Via Electronic Mail to kazishadika@gmall.corn May 15, 2018 Ms. Shadika Kazi Kazi's Hookah Lounge, LLC 111 Airport Way Renton, Washington 98057 RE: Kazi's Hookah Lounge, LLC, 111 Airport Way, Renton, WA 98057 Appeal Decision: Order Affirming Denial of Request to Renew Business License No. BL.041328 and Affirming Order to Close Business DEADLINE TO APPEAL: June 4, 2018 Dear Ms. Kazi: This responds to your letter titled "Subject: Appealing for obtaining a renewal license for Hookah lounge" concerning Kazi's Hookah Lounge LLC dba Kazi's Hookah Lounge, located at 111 Airport Way, Renton, Washington 98057 ("Kazi's"). (Your letter is hereinafter referred to as the "Appeal.") The Appeal responds to the City of Renton's ("City's") April 19, 2018 letter denying Kazi's request to request to renew its Renton business license number BL.041328 and ordering the business to close. This letter constitutes the appeal decision of the City's Administrative Services Administrator ("Administrator"). To begin, May 2, 2018 was the deadline for Kazi's to submit the Appeal to the City, but the City did not receive the Appeal until May 10, 2018. The late submission was seemingly due to an incomplete address given to UPS, the carrier. The City is not rejecting the Appeal for untimely receipt, but it does not waive its right to require that any future submissions be timely made. Pursuant to Renton Municipal Code Section 5-5-3.G.7, the Administrator has determined that Kazi's is not exempt from the City's business licensing requirement, Kazi's does not have a 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Ms. Shadika Kazi Page 2 of 2 May 15, 2018 currently valid business license, and not all of Kazi's violations have been cured. For these reasons, the Administrator hereby enters an order affirming the order to close the business. CRITICALLY IMPORTANT REGARDING APPEAL RIGHTS,• REVIEW CAREFULLY. Pursuant to RMC 5- 5-3.G.7, you have a right to appeal this order to the City's Hearing Examiner. June 4, 2018 is your deadline to appeal this order. If you choose to appeal, you must serve a written notice of appeal on the City's Hearing Examiner by delivery to the Renton City Clerk's office, 7th floor Renton City Hall, 1055 South Grady Way, Renton, WA, 98057 on or before the June 4, 2018 deadline. If you do not timely file a written notice of appeal, the business must close. Sincerely, I Jan Hawn Administrator, Administrative Services Department cc: (all via e-mail) Public Health — Seattle & King County [Attention: Scott Neal (Scott. Neal@ ki ngcou nty.gov), Mariel Torres- Mehdipour(Mariel.TorresMehdipour@kingcounty.gov), and Fel Pajimula (Fel.Pajimula@kingcounty.gov] Denis Law, Mayor Bob Harrison, Chief Administrative Officer Chip Vincent, Community & Economic Development Administrator Shane Moloney, City Attorney Leslie Clark, Senior Assistant City Attorney Alex Tuttle, Assistant City Attorney Donna Locher, Lead Code Compliance Officer Linda Weldon, Accounting Assistant 5iE 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov �i L CITY OF RENTON MAY 23 2913 May 18, 2018, 2018 RECEIVED CITY CLERK'S �s �� OF! ICf, Dear City of Renton Administrative Services Administrator and City Hearing Examiner, Subject: Appealing for renewing business license for Kazi's Hookah Lounge LLC (BL.041328). This is a letter of request to take a reconsideration of your decision for Kazi's hookah lounge. Kazi's has been opened in Renton City since June 2015. Recently Renton City has made some changes to business licensing service. For example, online application for renewal. When I found the email, at first I wasn't sure of it then, Mrs. Linda Weldon personally emailed me about the renewal application. I tried many times to obtain my renewal business license online but I couldn't. After that, I decided to go in person to obtain the renewal license. Both I and Mrs. Weldon wouldn't figure it out. Mrs. Weldon told me "it's under review this is why the system is not allowing it to process." Since then I waited few weeks to get an answer back from Mrs.Weldon regarding "Under review process". While I was waiting, I tried to renewal my business license one more time, and it worked. Finally I figure it out how to apply online. I applied for the renewal license and paid of the amount dues as well so I applied and summited business license renweal for Kazi's Hookah Lounge. Then, one week later, on April 19, I heard back from Mrs. Weldon. On the email, it discussed about whether or not my business should be given a renewal license based on the violationed noted from Health department. Based on the health department notes, during 2017 to 2018 as violation has been noted, "Open to public and employee zone" Open to Public "Membership Private Club" —Must keep record of membership list. I have been collecting memberships since the first day Kazi's Hookah Lounge opened. It was storing on my register system. The system has information about a member name, phone number, and date as the membership was created. I have been collecting the membership fees as well. Then later a new law passed to have application forum. Sometimes I would run out of the paper application forum. Although, I ran out of paper application forum, we still had the system where it storage all membership list. The forum online also has name, phone number, date signed up to end date. It doesn't have any other special instruction. I can find easily someone with their name or phone number. This was demonstrated to Fel Pajimula from Health department. He was satisfied with this but still prefers paper application process as well. On October 30t' 2017, Mr. Pajimula wanted to know many current memberships is active and he would like to see if I can find a system that would demonstrated that. I told him I would send this file to him to his email on a excel file which can demonstrate on excel. I have sent the files on 10/31/2017. Later on, 04/05/2018 when Mr. Pajimula visited us, I have started a service system for membership which can make very easy for Mr. Pajimula to see how many members. A member would punch in the number and his or her information will come up and it will show if the membership is active or not. If it is not we can ask them to renew their membership. As you can see, we are making progress and following the instruction from health department and trying to come up with better a solution that will work for both of us. So I am not sure why I am in violation when I am actually trying as much as I can to improve and make a system that will work. I am also carrying paper application at all time now as requested by Mr. Pajimula. No Employee Zone The next subject was mention "Having employees". Belly dancer or DJ teddy both carried a membership. I did not hire any of them to do any performance. Dj Teddy likes to practice on his own and he wants to build his clients. He only has done this once or twice for fun. Belly dancers were part of private event celebration. Victor Cassarez, Karamvi Parhar and Sangram Parhar (refer as "Sunny") are all on business license for Renton and Kent Hookah Lounge. They all have been on the Business License for almost 1 year now as being a partner. June 2015, I was given my license for hookah lounge without a question or obligation. Then I was told 10 months later that City made to mistake to hand me the license since Mayor declare war on 11 hookah lounges; even thought, I was not part of any violation and neither my business name was listed on the I 1 names of the hookah lounge. I was operating without any violation, no calls for 911 still I was target because the city of Renton will follow the Mayor decision on Hookah Lounge. I almost lost my business. I was going to close my door. I was making no money in both restaurant and Hookah lounge. I was fighting to survived everyday by myself. And then when I came to renew my business license I had sign some agreement to obey the laws of the Mayor if it goes through. Then later, Mayor made a settlement with all 11 hookah lounges to let hookah lounges remain open due to our "Racial Equity Rights". Hookah is our culture and this is who we are. Hookah came from many countries such as Indian, Bangladesh, Persia, Egypt, Russia, Bosnia, Africa, Jamaica, and Middle Eastern etc. I feel like every time the city has problem with 1 hookah lounge and targets all of them. Mrs. Weldon told me "since the other hookah lounge Nomads Hookah Lounge caused too much problem we are not sure if we can allow your hookah lounge to operate here in Renton". Nomads Hookah Lounge was close officially in September 2017. I shoudln't be targeted because of other business owners doesn't know how to run their business. Also not all the bars, club, and gas station gets close down because of that one bar had problem. You can't blame all the group of people just because of a person or single establishment keep making mistake. We cannot target all people. Hookah lounge is not to blame for "people who are looking for trouble or wants to make trouble". We are simply trying to bring our culture back. This is a place where they can stay connected to their culture. Just imagine for a second, so many younger, mid age and older people are becoming part of the social enviorment instead of selling drugs on street. 2 Compare to any other hookah lounge, we are the most strict hookah lounge. When we see any suspicious person driving by or observing our business, we inform to Sandra Havlik Renton City Criminal prevention and other police department to keep a good eye. That way, before something happen we can be aware of it. We are ahead of everything about making sure the safety of our clients. Our clients understand our rules and kindly respect us. They also follow all the rules and regulation of the lounge. For example, members doesn not stay outside in the parking lot and they keep outside clean environment. We use this establishment for social gathering. We also bring our culure and share it with the world. Renton city close down the other hookah lounge name "Nomads" due to many violence, complains, shooting and fights. If I was the business owner of that lounge I would have close down long time ago because If I cannot control my own business and why should I have a business? The decision was right. However, closing down my business due to the fact of the other hookah lounge is close? It is not right and very unfair. If I have any violation, these violation can be fix or corrected with help from city and health department. But ofcause working everyday becomes harder for a business owner to accomplish these goals. Hookah is all over the world. It has been around for many generations. Hookah can be seen almost every country now. In those countries you can have hookah publicly inside a restaurants while kids are around, malls, outdoors, bars, clubs, lounges, house parties etc. In California, Dallas, New York, Florina, and other States I have visited, I always look for hookah lounges and visit their establishment. I was able to smoke publicly and employees were on sites as well serving hookah, taking orders, and performing other duties while they have the same State Law for "Smoking is prohibited in workplace and 20 feet away". I would like to inform you this is my 2°d mail for appealing your decision. I have send out a mail on the 05/01/18 overnight shipping UPS to get to Renton City Clerk Office on address 1055 South Grady Way, Renton WA, 98057. The mail was not being delivered on timing manner since there was no suite number given to me. Further decision, I had with the UPS also said, "They had to wait until May 10d' to receive a suite number from Renton Clerk office otherwise the mail would have been deliver on May 2°d." I understand health department want us to improve our system more effectively. We could do that by arranging a meeting where we can seat and make some suggestion to improve our system moving forward. As far as now I am keeping both paper application and membership counting system. As well, the partners are on license and it has been almost a year now. I am kindly asking to have any future letter or mails to be send electrically on my email KazishadikaLfgmail.com and a hard copy to be send on my mailing address 12233 SE 259a' PL, Kent, WA 98030. 3 Sincerity, Shadika kazi Owner of Kazi's Hookah Lounge LLC Kazishadika C> gmai Uom 206-518-8320 Cynthia Moya From: Leslie Clark Sent: Thursday,July 19, 2018 4:49 PM To: 'Kazi Grill Bangladeshi &Indian' Cc: Cynthia Moya Subject: RE: Kazi's Hookah Lounge - Request to postpone hearing date - PLEASE RESPOND Follow Up Flag: Follow up Flag Status: Flagged Dear Ms. Kazi, Thank you so much. I checked the current schedule for the Hearing Examiner(who only hears Renton issues on Tuesdays). Below are the date and time options in August for rescheduling: • Tuesday,August 14 at 10 AM • Tuesday,August 28 at 10 AM • Tuesday,August 28 at 1 PM Would you please let me know which of the date/time options work best for you and your witnesses,or if we need to look at a date in September? I have also copied Ms. Moya on this email,who serves as the Clerk to the Hearing Examiner. Would you please forward all of the exhibits that you sent me and your witness list that you sent me to her,so that she can add it to the file? Thank you again, Leslie LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S.Grady Way I Renton WA 98057 LClark@Rentonwa.gov ( (425)430-6482 From: Kazi Grill Bangladeshi & Indian [mailto:kazishadika@gmail.com] Sent:Thursday,July 19, 2018 4:29 PM To: Leslie Clark<LClark@Rentonwa.gov> Subject: Re: Kazi's Hookah Lounge- Request to postpone hearing date- PLEASE RESPOND Dear Mrs Clark, I am ok with postponing the date. However, some of my witness suppose to come on July 24th, they took that day off from their work. I am not so sure if I can arrange them to come another date. Please provide me with some date options.And I will see if I can manage it. Thank you. Sincerely, Shadika Kazi 1 Sent from my iPhone On Jul 18, 2018, at 5:11 PM, Leslie Clark<LClark@Rentonwa.gov>wrote: Dear Ms. Kazi, This email seeks your response regarding continuing the business licensing appeal hearing currently scheduled for July 24, 2018 at 1:00 PM. An emergency that occurred this morning has caused Ms. Linda Weldon to be out of the office. She will be out of the office beginning today for several days, including through Tuesday,July 24. Because the City would like Ms. Weldon to be available at the appeal hearing—including for cross-examination by you—the City would like a brief postponement of the hearing date until Ms.Weldon returns to work. Please respond no later than July 19(tomorrow)at 5 PM as to whether you agree that we should briefly postpone the hearing. If you agree, I will then send an email to the Hearing Examiner's office (with a copy to you) indicating that the parties agree to a brief postponement and asking for a new hearing date. If you do not agree or do not respond by tomorrow at 5 PM,then the City intends to email the Hearing Examiner's office (with a copy to you) advising of the situation and asking the Hearing Examiner to postpone the hearing. I apologize for the inconvenience of these circumstances;the City could not avoid this situation. Sincerely, Leslie Clark LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S. Grady Way I Renton WA 98057 LClark@Rentonwa.gov I (425)430-6482 2 Cynthia Moya From: Cynthia Moya Sent: Thursday,July 19, 2018 4:54 PM To: Phil Olbrechts Subject: FW: Kazi's Hookah Lounge - Request to postpone hearing date - PLEASE RESPOND It looks like we may be continuing the Kazi case from next Tuesday. Thank you, Cindy Moya, City Clerk Specialist City of Renton-Administrative Services/City Clerk Division cmoya@rentonwa.Rov 425-430-6513 Dn. _. From: Leslie Clark Sent:Thursday,July 19, 2018 4:49 PM To: 'Kazi Grill Bangladeshi& Indian' <kazishadika@gmail.com> Cc:Cynthia Moya <CMoya@Rentonwa.gov> Subject: RE: Kazi's Hookah Lounge- Request to postpone hearing date - PLEASE RESPOND Dear Ms. Kazi, Thank you so much. I checked the current schedule for the Hearing Examiner(who only hears Renton issues on Tuesdays). Below are the date and time options in August for rescheduling: • Tuesday,August 14 at 10 AM • Tuesday,August 28 at 10 AM • Tuesday,August 28 at 1 PM Would you please let me know which of the date/time options work best for you and your witnesses, or if we need to look at a date in September? I have also copied Ms. Moya on this email,who serves as the Clerk to the Hearing Examiner. Would you please forward all of the exhibits that you sent me and your witness list that you sent me to her, so that she can add it to the file? Thank you again, Leslie LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S. Grady Way I Renton WA 98057 LClark@Rentonwa.gov I (425)430-6482 1 From: Kazi Grill Bangladeshi & Indian [mailto:kazishadika@gmail.com] Sent:Thursday,July 19, 2018 4:29 PM To: Leslie Clark<LClark@Rentonwa.gov> Subject: Re: Kazi's Hookah Lounge- Request to postpone hearing date- PLEASE RESPOND Dear Mrs Clark, I am ok with postponing the date. However, some of my witness suppose to come on July 24th,they took that day off from their work. I am not so sure if I can arrange them to come another date. Please provide me with some date options.And I will see if I can manage it. Thank you. Sincerely, Shadika Kazi Sent from my iPhone On Jul 18, 2018, at 5:11 PM, Leslie Clark<LClark@Rentonwa.gov>wrote: Dear Ms. Kazi, This email seeks your response regarding continuing the business licensing appeal hearing currently scheduled for July 24, 2018 at 1:00 PM. An emergency that occurred this morning has caused Ms. Linda Weldon to be out of the office. She will be out of the office beginning today for several days, including through Tuesday,July 24. Because the City would like Ms. Weldon to be available at the appeal hearing—including for cross-examination by you—the City would like a brief postponement of the hearing date until Ms.Weldon returns to work. Please respond no later than July 19(tomorrow)at 5 PM as to whether you agree that we should briefly postpone the hearing. If you agree, I will then send an email to the Hearing Examiner's office (with a copy to you) indicating that the parties agree to a brief postponement and asking for a new hearing date. If you do not agree or do not respond by tomorrow at 5 PM,then the City intends to email the Hearing Examiner's office (with a copy to you) advising of the situation and asking the Hearing Examiner to postpone the hearing. I apologize for the inconvenience of these circumstances;the City could not avoid this situation. Sincerely, Leslie Clark LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S. Grady Way I Renton WA 98057 LClark@Rentonwa.gov I (425)430-6482 2 Cynthia Moya From: Cynthia Moya Sent: Monday,July 23, 2018 2:33 PM To: Leslie Clark; 'Kazi Grill Bangladeshi &Indian' Subject: RE: Kazi's Hookah Lounge - Request to postpone hearing date - PLEASE RESPOND I am confirming that I have added this hearing to the Hearing Examiner's Calendar for August 28, 2018 at 1pm. Thank you, Cindy Moya, City Clerk Specialist City of Renton-Administrative Services/City Clerk Division cmoya@rentonwa.gov 425-430-6513 From: Leslie Clark Sent: Monday,July 23, 2018 1:44 PM To: 'Kazi Grill Bangladeshi & Indian' <kazishadika@gmail.com>; Cynthia Moya<CMoya@Rentonwa.gov> Subject: RE: Kazi's Hookah Lounge- Request to postpone hearing date- PLEASE RESPOND Thank you very much! Ms. Moya—would it be possible to confirm for August 28 at 1 PM? Leslie LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S. Grady Way I Renton WA 98057 LClark@Rentonwa.gov I (425)430-6482 From: Kazi Grill Bangladeshi & Indian [mailto:kazishadikacwgmail.com] Sent: Monday,July 23, 2018 1:22 PM To: Leslie Clark<LClark@Rentonwa.gov> Subject: Re: Kazi's Hookah Lounge - Request to postpone hearing date-PLEASE RESPOND Dear Mrs Leslie, I apologize for writing this email late. I agree to reschedule the date to August 28 at 1pm. I will also send all the paper work to Ms Moya today. Thank you. Sent from my iPhone On Jul 23, 2018, at 10:52 AM, Leslie Clark<LClark@Rentonwa.Rov>wrote: 1 Dear Ms. Moya, Would you please forward the below message to Mr. Olbrechts? I have copied the appellant's representative, Ms.Shadika Kazi,on this email. Thank you very much, Leslie Dear Mr. Hearing Examiner— This email concerns the Kazi's Hookah Lounge, LLC, business license appeal hearing currently scheduled for tomorrow,July 24, at 1:00 PM. I have copied the appellant's representative, Ms.Shadika Kazi, on this email. As disclosed below,the City's lead business licensing representative, Ms. Linda Weldon, has been called away from the office for several days due to an emergency. At the City's request, Ms. Kazi and the City have discussed postponing the hearing until Ms.Weldon's return. The City strongly prefers that the hearing be postponed until Ms.Weldon's return because Ms.Weldon served as the City's direct business licensing contact with Ms. Kazi. Having Ms.Weldon present will not only allow the City to put on its full case, but also allow Ms. Kazi to cross-examine the City's principal business licensing witness, should Ms. Kazi choose to do so. It is my understanding that Ms. Kazi agrees in concept to continuing the hearing, but she has not yet had an opportunity to officially confirm (please refer to below exchange). Meanwhile,the City's witness list includes two King County employees, and the City would like to provide those witnesses with the courtesy of notifying them today that tomorrow's hearing has been postponed. For the above reasons,the City respectfully requests that the Hearing Examiner order that the July 24 hearing date be continued to a date in August or September,the precise date to be agreed upon by the parties. (If the parties cannot agree to a date in August or September, the City intends to send a follow- up request to the Hearing Examiner asking for the date to be set.) Sincerely, Leslie Clark LESUE CLARK I Senior Assistant City Attorney City of Renton 11055 S. Grady Way I Renton WA 98057 LClark@Rentonwa.gov I (425)430-6482 From: Leslie Clark Sent: Monday,July 23, 2018 9:56 AM To: 'Kazi Grill Bangladeshi & Indian'<kazishadika@gmail.com> Cc:Cynthia Moya <CMoya@Rentonwa.gov> Subject: RE: Kazi's Hookah Lounge- Request to postpone hearing date- PLEASE RESPOND Importance: High Dear Ms. Kazi, May I please have a response today? I need to know whether you are requesting that we hold the hearing tomorrow, or whether you agree that it would be best to reschedule. 2 Thank you again, Leslie LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S. Grady Way I Renton WA 98057 LClark@Rentonwa.gov I (425)430-6482 From: Leslie Clark Sent:Thursday,July 19, 2018 4:49 PM To: 'Kazi Grill Bangladeshi & Indian' <kazishadika@gmail.com> Cc:Cynthia Moya<CMoya@Rentonwa.gov> Subject: RE: Kazi's Hookah Lounge-Request to postpone hearing date-PLEASE RESPOND Dear Ms. Kazi, Thank you so much. I checked the current schedule for the Hearing Examiner(who only hears Renton issues on Tuesdays). Below are the date and time options in August for rescheduling: • Tuesday,August 14 at 10 AM • Tuesday,August 28 at 10 AM • Tuesday,August 28 at 1 PM Would you please let me know which of the date/time options work best for you and your witnesses, or if we need to look at a date in September? I have also copied Ms. Moya on this email,who serves as the Clerk to the Hearing Examiner. Would you please forward all of the exhibits that you sent me and your witness list that you sent me to her, so that she can add it to the file? Thank you again, Leslie LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S. Grady Way I Renton WA 98057 LCIark@Rentonwa.gov I (425)430-6482 From: Kazi Grill Bangladeshi & Indian [mailto:kazishadika@gmail.coml Sent:Thursday,July 19, 2018 4:29 PM To: Leslie Clark<LClark@Rentonwa.gov> Subject: Re: Kazi's Hookah Lounge - Request to postpone hearing date- PLEASE RESPOND Dear Mrs Clark, I am ok with postponing the date. However, some of my witness suppose to come on July 24th,they took that day off from their work. I am not so sure if I can arrange them to come another date. Please provide me with some date options.And I will see if I can manage it. Thank you. Sincerely, 3 Shadika Kazi Sent from my iPhone On Jul 18, 2018, at 5:11 PM, Leslie Clark<LClark@Rentonwa.gov>wrote: Dear Ms. Kazi, This email seeks your response regarding continuing the business licensing appeal hearing currently scheduled for July 24, 2018 at 1:00 PM. An emergency that occurred this morning has caused Ms. Linda Weldon to be out of the office. She will be out of the office beginning today for several days, including through Tuesday,July 24. Because the City would like Ms.Weldon to be available at the appeal hearing—including for cross-examination by you—the City would like a brief postponement of the hearing date until Ms. Weldon returns to work. Please respond no later than July 19(tomorrow)at 5 PM as to whether you agree that we should briefly postpone the hearing. If you agree, I will then send an email to the Hearing Examiner's office (with a copy to you) indicating that the parties agree to a brief postponement and asking for a new hearing date. If you do not agree or do not respond by tomorrow at 5 PM,then the City intends to email the Hearing Examiner's office (with a copy to you)advising of the situation and asking the Hearing Examiner to postpone the hearing. I apologize for the inconvenience of these circumstances;the City could not avoid this situation. Sincerely, Leslie Clark LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S. Grady Way I Renton WA 98057 LClark@Rentonwa.gov I (425)430-6482 4 Cynthia Moya From: Leslie Clark Sent: Monday,July 23, 2018 10:52 AM To: Cynthia Moya Cc: 'Kazi Grill Bangladeshi &Indian' Subject: FW: Kazi's Hookah Lounge - Request to postpone hearing date - PLEASE RESPOND Importance: High Dear Ms. Moya, Would you please forward the below message to Mr. Olbrechts? I have copied the appellant's representative, Ms. Shadika Kazi, on this email. Thank you very much, Leslie Dear Mr. Hearing Examiner— This email concerns the Kazi's Hookah Lounge, LLC, business license appeal hearing currently scheduled for tomorrow, July 24, at 1:00 PM. I have copied the appellant's representative, Ms. Shadika Kazi, on this email. As disclosed below,the City's lead business licensing representative, Ms. Linda Weldon, has been called away from the office for several days due to an emergency. At the City's request, Ms. Kazi and the City have discussed postponing the hearing until Ms.Weldon's return. The City strongly prefers that the hearing be postponed until Ms. Weldon's return because Ms.Weldon served as the City's direct business licensing contact with Ms. Kazi. Having Ms.Weldon present will not only allow the City to put on its full case, but also allow Ms. Kazi to cross-examine the City's principal business licensing witness, should Ms. Kazi choose to do so. It is my understanding that Ms. Kazi agrees in concept to continuing the hearing, but she has not yet had an opportunity to officially confirm (please refer to below exchange). Meanwhile, the City's witness list includes two King County employees,and the City would like to provide those witnesses with the courtesy of notifying them today that tomorrow's hearing has been postponed. For the above reasons,the City respectfully requests that the Hearing Examiner order that the July 24 hearing date be continued to a date in August or September,the precise date to be agreed upon by the parties. (If the parties cannot agree to a date in August or September,the City intends to send a follow-up request to the Hearing Examiner asking for the date to be set.) Sincerely, Leslie Clark LESLIE CLARK 1 Senior Assistant City Attorney City of Renton 11055 S.Grady Way I Renton WA 98057 LClark@Rentonwa.gov I (425)430-6482 From: Leslie Clark Sent: Monday,July 23, 2018 9:56 AM 1 To: 'Kazi Grill Bangladeshi & Indian'<kazishadika@gmail.com> Cc: Cynthia Moya <CMoya@Rentonwa.gov> Subject: RE: Kazi's Hookah Lounge- Request to postpone hearing date- PLEASE RESPOND Importance: High Dear Ms. Kazi, May I please have a response today? I need to know whether you are requesting that we hold the hearing tomorrow, or whether you agree that it would be best to reschedule. Thank you again, Leslie LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S. Grady Way I Renton WA 98057 LClark@Rentonwa.gov I (425)430-6482 From: Leslie Clark Sent:Thursday,July 19, 2018 4:49 PM To: 'Kazi Grill Bangladeshi& Indian' <kazishadika@gmail.com> Cc:Cynthia Moya <CMoya@Rentonwa.gov> Subject: RE: Kazi's Hookah Lounge- Request to postpone hearing date- PLEASE RESPOND Dear Ms. Kazi, Thank you so much. I checked the current schedule for the Hearing Examiner(who only hears Renton issues on Tuesdays). Below are the date and time options in August for rescheduling: • Tuesday,August 14 at 10 AM • Tuesday,August 28 at 10 AM • Tuesday,August 28 at 1 PM Would you please let me know which of the date/time options work best for you and your witnesses, or if we need to look at a date in September? I have also copied Ms. Moya on this email,who serves as the Clerk to the Hearing Examiner. Would you please forward all of the exhibits that you sent me and your witness list that you sent me to her,so that she can add it to the file? Thank you again, Leslie LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S. Grady Way I Renton WA 98057 LClark@Rentonwa.gov I (425)430-6482 From: Kazi Grill Bangladeshi & Indian [mailto:kazishadika@gmail.coml Sent:Thursday,July 19, 2018 4:29 PM To: Leslie Clark<LClark@Rentonwa.gov> Subject: Re: Kazi's Hookah Lounge- Request to postpone hearing date- PLEASE RESPOND 2 Dear Mrs Clark, I am ok with postponing the date. However, some of my witness suppose to come on July 24th,they took that day off from their work. I am not so sure if I can arrange them to come another date. Please provide me with some date options.And I will see if I can manage it. Thank you. Sincerely, Shadika Kazi Sent from my iPhone On Jul 18, 2018, at 5:11 PM, Leslie Clark<LClark@Rentonwa.gov>wrote: Dear Ms. Kazi, This email seeks your response regarding continuing the business licensing appeal hearing currently scheduled for July 24, 2018 at 1:00 PM. An emergency that occurred this morning has caused Ms. Linda Weldon to be out of the office. She will be out of the office beginning today for several days, including through Tuesday,July 24. Because the City would like Ms.Weldon to be available at the appeal hearing—including for cross-examination by you—the City would like a brief postponement of the hearing date until Ms.Weldon returns to work. Please respond no later than July 19 (tomorrow)at 5 PM as to whether you agree that we should briefly postpone the hearing. If you agree, I will then send an email to the Hearing Examiner's office (with a copy to you) indicating that the parties agree to a brief postponement and asking for a new hearing date. If you do not agree or do not respond by tomorrow at 5 PM,then the City intends to email the Hearing Examiner's office (with a copy to you) advising of the situation and asking the Hearing Examiner to postpone the hearing. I apologize for the inconvenience of these circumstances;the City could not avoid this situation. Sincerely, Leslie Clark LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S. Grady Way I Renton WA 98057 LClark@Rentonwa.Rov I (425)430-6482 3 Cynthia Moya From: Stephanie Rary Sent: Friday,August 17, 2018 8:35 AM To: 'kazishadika@gmail.com'; Cynthia Moya Cc: Leslie Clark Subject: City of Renton's First Supplemental Exhibit List and Production of Exhibits Attachments: City's First Supplemental Exhibit List & Production of Exhibits.pdf; COR 9.pdf; COR 10.pdf; COR 11.pdf; COR 12.pdf Good morning: Please find attached the City of Renton's First Supplemental Exhibit List and Production of Exhibits,together with the City of Renton's exhibits labeled COR 9 through COR 12. Thank you, Stephanie Stephanie Rary, Paralegal �„ Renton City Attorney 425-430-6493/425-430-6498(fax) srary@rentonwa.gov 1 1 2 3 4 5 6 7 BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON 8 9 RE: Kazi's Hookah Lounge, LLC City of Renton's First Supplemental Exhibit List and Production of Exhibits 10 Appeal of Business License Decision 11 12 13 14 The City of Renton ("City") hereby supplements its designation of exhibits in this matter 15 and concurrently produces a copy of each such exhibit to Appellant Kazi's Hookah Lounge, LLC. The exhibits designated and produced in this disclosure were provided to the City by the 16 Seattle-King County Health Department's Tobacco Prevention Unit on August 16, 2018. The 17 City is designating and producing them to Appellant(with a copy to the Hearing Examiner) 18 within one business day of receipt to avoid any potential prejudice to Appellant in advance of 19 the scheduled August 28, 2018 appeal hearing in this matter. 20 A. Supplemental Exhibit List 21 The City designates the following as additional exhibits the City may use at the appeal 22 hearing. 23 24 25 Kazi's Hookah Lounge, LLC Appeal- Renton City Attorney City's First Supplemental Exhibit List and Production of 1055 South Grady Way Exhibits 1 Renton,WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 City of Renton 1 ("COR") Description 2 Exhibit No. COR 9 Letter dated September 8, 2016 from Scott Neal to King County Private 3 Smoking Facility Stakeholders 4 COR 10 FAQ: Smoking in Public Places and Places of Employment COR 11 Information for Private Smoking Facilities 5 COR 12 Private Smoking Facility Inspection Form 6 B. Production of Exhibits 7 Concurrently with service of this disclosure of supplemental exhibits, the City produces a 8 copy of each of its exhibits labeled COR 9 through COR 12. As noted in the service slip, service 9 is made via electronic mail; however, additionally,the City will make hard copies available upon 10 request. 11 Signed this 17th day of August, 2018. 12 13 4: j"""" a Ct5 _ Leslie Clark, WSBA No. 36164 14 Senior Assistant City Attorney 15 City of Renton 16 17 18 19 20 21 22 23 24 25 Kazi's Hookah Lounge, LLC Appeal- Renton City Attorney City's First Supplemental Exhibit List and Production of 0 1055 South Grady Way Exhibits 2 Renton,WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 DECLARATION OF SERVICE 1 I declare under penalty of perjury under the laws of the State of Washington that on 2 August 17, 2018, a true and correct copy of the foregoing document and the exhibits listed 3 therein were served upon the parties listed below via the method indicated: 4 Kazi's Hookah Lounge 5 Kazi's Hookah Lounge, LLC 6 111 Airport Way Renton, WA 98057 7 (206) 518-8320 kazishadika@gmail.com 8 9 [X] E-mail [ ] United States Mail [ ] Legal Messenger [ ] Other Agreed E-Service 10 City of Renton Hearing Examiner 11 c/o Renton City Clerk's Office 12 1055 South Grady Way Renton, WA 98057 13 cmoya@rentonwa.gov 14 [X] E-mail [ ] United States Mail [ ] Legal Messenger [ ] Other Agreed E-Service 15 16 17 DATED this 17th day of August, 2018, at Renton, Washington. 18 19 20 Stephanie Rary 21 22 23 24 25 Kazi's Hookah Lounge, LLC Appeal- Renton City Attorney City's First Supplemental Exhibit List and Production of 1055 South Grady Way Renton,WA 98057 Exhibits 3 Phone: 425.430.6480 Fax: 425.430.6498 COR 9 Tobacco Prevention Program 401 Fifth Avenue,Suite 1110 Public HealthLa Seattle WA 98104 206-296-7613 Seattle & King County www.kingcounty.gov/health/tobacco September 8, 2016 Dear King County Private Smoking Facility Stakeholder: As you know, Washington State law (RCW 70.160) and King County Board of Health code (19.03) prohibit smoking in all public places and places of employment. While these regulations leave very little room for an establishment to allow smoking, we acknowledge that under certain circumstances a private smoking facility may exist and still comply with these regulations. Public Health —Seattle and King County has developed some business guidance documents that may help you better understand how we are currently interpreting these laws. We have included two documents for your review: • FAQ: Smoking in Public Places and Places of Employment This document explains the general smoking laws and how they are enforced. • Information for Private Smoking Facilities This document has more detailed information for private smoking facilities. Thank you for taking the time to be an informed business owner and we appreciate your efforts to comply with the smoking laws. If you have any questions, please contact us at 206-296- 7613 or via email at tobacco.prevention@kingcounty.gov. Sincerely, �f'vl Scott Neal, Program Manager Tobacco Prevention Program COR 10 Public Health La Seattle & King County FAQ: Smoking in Public Places and Places of Employment State law (RCW 70.160) and King County Board of Health (BOH) Code (19.03) prohibit smoking in all public places and places of employment. These laws make virtually all workplaces and public places in King County smoke-free. Compliance with these laws helps protect all King County residents against exposure to secondhand smoke and promotes healthy, tobacco-free lives. For further questions about these laws and/or requirements, please contact the Tobacco Prevention Program at 206-296-7613 or visit our website at: http://www.kingcountv.gov/depts/health/smoking/tobacco-vapor.aspx. Where is smoking prohibited? State law and BOH code prohibit smoking in all public places and places of employment. What is a public place? A public place means any portion of any building or vehicles used by and open to the public. A public place also includes areas within twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. Examples of public places include(but are not limited to): • Schools; • Public transportation (such as buses, taxis, light rail, Uber); • Museums, concert halls, theaters and auditoriums, exhibition halls; • Hospitals, nursing homes, health care facilities, clinics; • Restaurants, bars, taverns, bowling alleys, skating rinks, and casinos. When is a business "open to the public"? A business is open to the public if it implicitly or explicitly invites entry or use by the public. A business is likely to be open to the public if any of the following are true: • The business promotes itself through advertising to the general public; • The business posts signs indicating it is open to the general public; • The business is affiliated with a commercial business that sells tobacco products; and/or • The business permits entry to people who do not meet selective, restrictive and limited criteria for entry. For more detailed information about private facilities that are not open to the public, please see the supplemental document titled Information for Private Smoking Facilities. Rev.9/7/2016 1 Public Health IA Seattle & King County What is a "place of employment"? A place of employment is any area under the control of an employer that employees are required to pass through during the course of employment. This includes entire outdoor areas such as patios or other service areas. A place of employment also includes twenty-five feet around entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. Who are considered employees? Employees include people who work for an employer in exchange for wages or profit, people who volunteer their services to an employer, and people who perform work at the direction of an employer. When may a business permit smoking? A business may only permit smoking if: 1. it has no employees, volunteers or other persons who perform work at the direction of the business owner; AND 2. it is not open to the public. For more detailed information about private facilities that are not open to the public, please see the supplemental document titled Information for Private Smoking Facilities. How can businesses comply with the law? Business owners and employers must prohibit smoking from all public places and places of employment and post signs prohibiting smoking at each building entrance and, in the case of retail stores and retail service establishments, in prominent locations throughout the place. If you see someone smoking, please ask them to extinguish their smoking material and THIS ISA do not continue to serve them if they do not comply. Signs may be SMOKE-FREE downloaded and printed from this webpage: AREA http://www.kingcountv.gov/depts/health/smokinq/tobacco-vapor/smoke-free- ,,, tom signs.aspx Who enforces the no-smoking laws? Public Health— Seattle & King County has authority to enforce smoking prohibitions in public places (buildings/businesses open to the public) and places of employment (areas where employees work). Local police departments have authority to enforce smoking prohibitions against the individuals smoking in areas protected by law. How do I file a complaint with Public Health: Please include the establishment name, date of violation, and a brief description of what you observed. • On-line: http://www.kingcountv.gov/depts/health/smokinq/tobacco-vapor/violations- smokinq-rule.aspx • By text: 206-745-2548 • By telephone: 206-296-7613 Rev.9/7/2016 2 Public Health kig Seattle & King County What are the penalties for violations? A warning is issued the first time an establishment is found to be in violation. Each subsequent violation is subject to a civil penalty of up to $100. Civil penalties for violations that occur at large event venues are assessed at a rate of$100 for every 1,000 persons lawfully permitted to assemble at the venue. What are re-inspection fees? The Tobacco Prevention Program is authorized to charge a re-inspection fee for certain inspections. A fee will be assessed according the schedule below. Fee for a re-inspection resulting in a finding of a second separate violation within $170 any five-year period Fee for a re-inspection resulting in a finding of a third separate violation within any $240 five-year period Fee for a re-inspection resulting in a finding of a fourth or subsequent separate $390 violation within any five-year period Rev.9/7/2016 3 COR 11 Public Health WI Seattle & King County Information for Private Smoking Facilities Washington State law (RCW 70.160) and King County Board of Health (BOH) Code (19.03) prohibit smoking in all public places and places of employment. This information is intended to help businesses and the public in understanding the types of private facilities where smoking may be allowed. A private smoking facility should adhere to the following operational guidelines to demonstrate that it is neither a place of employment nor a public place. For further questions about the state and local smoking regulations, please contact the Tobacco Prevention Program at 206-296-7613 or visit our website at: http://www.kinacounty.qovidepts/healthismoking/tobacco-vapor.aspx. Place of employment A place of employment is any area under the control of an employer that employees are required to pass through during the course of employment. This includes entire outdoor areas such as patios or other service areas. A place of employment also includes twenty-five feet around entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. Private smoking facilities must be operated without any employees. Employees include any of the following: • people who work for an employer in exchange for wages or profit and • people who volunteer their services to an employer(examples could include musicians performing live music, DJs, dancers, etc.) Owners should be able to demonstrate that there are no employees (as defined by BOH Code 19.03) and that all the owners are verifiable by legitimate organizational documents, such as being listed on all state and local business licenses and in all official organizational operating documents. Public place A public place means any portion of any building or vehicle used by and open to the public. A public place also includes twenty-five feet around entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. An establishment that implicitly or explicitly invites entry or use by the public is considered a public place. Additional guidelines Entrance should be secured. The entrance to the facility should be secured or locked so that only valid members can enter the establishment. Restrictions on exterior signs. No club sign, advertising, `open" or"hours" sign should be visible from the exterior of the establishment. Rev.9/07/2016 1 Public Health LAI Seattle & King County No secondhand smoke drift to protected areas. Secondhand smoke should not infiltrate public places or places of employment. Only approved members should be permitted to enter and use the facility. Membership criteria should be written and include the following components: • Selective: An establishment should have written criteria for how they are selecting members, so that the facility can be recognized as not open to the public. Members should be selected and approved through a screening process that verifies prospective members meet the established membership criteria. • Restrictive: Members must be of legal smoking age. • Limited: There should be no more than two thousand five hundred (2,500) active members. Membership process should be written and followed. An establishment that maintains a membership application process is more likely to be seen as private and not open to the public. Membership to the private facility should include the following minimum requirements: • A written application and approval process that includes verification that the applicant has met the established membership criteria and that the applicant's age has been verified by means of valid photo identification. • A written recommendation by a current member. • A signed membership agreement that includes the facility's rules and regulations. • Membership initiation fee and regular dues paid at least once per quarter(three months). • New members should not be allowed immediate access or member privileges until 24 hours following approval of an official membership application by the primary owner and payment of the initiation fee. Guest policy should be written and followed. An establishment that has written guest policies and limits the number of guests is more likely to be truly private and not open to the public. At minimum, an establishment should implement and operate the following guest policies: • Guests may be allowed entry one time. Guests of legal age are only allowed in the club for a limited one-time visit accompanied by an existing member. • Limit on members bringing guests. A member may bring a single guest of legal age once per his/her quarterly (three-month) membership period. Keep accurate records. Records of all written membership application materials, denied applications, current membership list, guest lists, and membership agreements should be kept up to date and kept onsite for the duration of each membership period, or three years (whichever is longer). Rev.9/07/2016 2 COR 12 Tobacco Prevention Program Public Health 401 Fifth Ave,Suite 1110 Seattle,WA 98104-1818 Seattle & King County Private Smoking Facility Inspection Form Establishment Name: Listed Owner: Address: Date: Time: Check appropriate box(es)for items 1-3: 1) Exterior Signage: ❑ Open ❑ Posted Hours ❑ Business Name 0 Other: 2) Entrance and Accessibility: 0 Secure/locked 0 Open/unlocked 0 Security ❑Other: 3) Who is performing work functions within the business: ❑Owner ❑Other(s): Ask facility representative about each topic of inquiry in section 4-6 below and document responses in the notes sections. 4) Identify Membership Criteria ✓ Topic of inquiry Notes: Describe criteria being used and any other relevant information Selective Describe documented criteria for who can become a member and the application process Restrictive Identify restrictions that are in place regarding acceptable applications Limited Identify membership limits 5) Verification of membership list, processes and documentation ✓ Topic of inquiry Related Notes Membership List ❑ Hard Copy ❑ Electronic Written application process including photo ID ❑ Hard Copy ❑ Electronic Documented referrals and recommendations for new members ❑ Hard Copy ❑ Electronic Signed member agreement ❑ Hard Copy ❑ Electronic Documentation of paid initiation fees&dues New member entry timeline (Is there any waiting period for new members?) List of any denied membership applications 6) Verification of Guest Policy ✓ Topic of inquiry Related Notes Written guest policy Guest attendance list Members guest list Additional Information Regarding Operating a Private Smoking Facility 7) Publicly Accessible Advertising and Promotion Website: Social Media: ❑ Facebook 0 Instagram 0 Twitter 0 Snapchat 0 Other: Advertisements 0 Outdoor Signs/Ads ❑ Print Ads ❑ TV/Radio ❑ Other: 8) Secondhand Smoke Drift to Protected Areas Complaints Received: Known Drift (describe situation): Cynthia Moya From: Heather Dumlao Sent: Tuesday, August 28, 2018 5:07 PM To: 'kazishadika@gmail.com'; Cynthia Moya Cc: Leslie Clark Subject: Kazi's Hookah Lounge, LLC Attachments: Kazi's Hookah Lounge - Declaration of L. Clark, 8-29-2018.pdf; Kazi's Hookah Lounge - Request Regarding Rescheduled Hearing Date, 8-29-2018.pdf Hello, Please find attached regarding Kazi's Hookah Lounge, LLC, Appeal of Business License Decision. Thank you, Heather H-eatlier Du.vv Lao Administrative Assistant City Attorney's Office 1055 South Grady Way, Renton, WA 98057 Phone (425)430-6491 I Fax (425)430-6498 1 1 2 3 4 5 6 7 BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON 8 9 RE: Kazi's Hookah Lounge, LLC Declaration of Leslie Clark 10 Appeal of Business License Decision 11 12 13 14 I, Leslie Clark, declare as follows: 15 1. I am employed as a Senior Assistant City Attorney for the City of Renton, Washington ("City"). I am the City's lead attorney on the above-referenced business license 16 appeal matter concerning Kazi's Hookah Lounge, LLC ("Kazi's"). I have personal knowledge of 17 the statements made in this declaration and am competent to testify. 18 2. This matter was set for hearing before the City's Hearing Examiner for August 28, 19 2018, beginning at 1:00 PM, in the City's Council Chambers. Attached hereto as Exhibit A is a 20 true and correct copy of a July 23, 2018 email from Ms. Cynthia Moya, Clerk to the Hearing 21 Examiner, confirming the hearing date and time. The email's recipients included Ms. Shadika 22 Kazi, an owner of Kazi's, and Kazi's only representative to have appeared for the June 26, 2018 23 pre-hearing conference held on this matter. 24 3. I attended the June 26, 2018 pre-hearing conference. Ms. Kazi was 25 Kazi's Hookah Lounge,LLC Appeal- Renton City Attorney Declaration of Leslie Clark 1 • 1055 South Grady Way ��♦ Renton,WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 1 approximately 15 minutes late to that conference, without having advised the Clerk to the 2 Hearing Examiner or me, such that the Hearing Examiner was poised to cancel the conference 3 just before she arrived. 4 4. Attached Exhibit A includes a July 23, 2018 email from Ms. Kazi in which Ms. Kazi 5 expressly agreed to the 1:00 PM on August 28, 2018 hearing date and time. 5. On August 17, 2018, the City Attorney's Office served a supplemental exhibit list 6 on Ms. Kazi, and that supplemental exhibit list expressly referenced the August 28, 2018 7 hearing date. Attached hereto as Exhibit B is a true and correct copy of page 1 of that 8 supplemental exhibit list showing the express reference to the August 28, 2018 hearing date. 9 6. At the time scheduled for hearing (August 28, 2018 at 1:00 PM), the City was 10 ready to present its case. 11 7. Specifically, all of the City's witnesses and I had timely gathered in the City's 12 Council Chambers for the appeal hearing: 13 a. Ms. Linda Weldon, from the City's Administrative Services Department, was 14 present and ready to testify. 15 b. Ms. Donna Locher,from the City's Community& Economic Development 16 Department, was present and ready to testify. 17 c. Mr. Scott Neal,from King County's Public Health Department, who had 18 traveled from his office in downtown Seattle, was present and ready to 19 testify. 20 d. Mr. Fel Pajimula, from King County's Public Health Department, who had also 21 traveled from his office in downtown Seattle, was present and ready to 22 testify. 8. In addition to two King County Public Health Department staff members having 23 traveled from Seattle to testify at the hearing,two attorneys from the Civil Division of the King 24 25 Kazi's Hookah Lounge,LLC Appeal Renton City Attorney Declaration of Leslie Clark-20 1055 South Grady Way Renton,WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 1 County Prosecuting Attorney's Office had traveled to the hearing to observe the proceedings. 2 9. Despite the City being fully prepared to present its case, no representative of 3 Kazi's appeared for the hearing. The City's representatives and I waited until 1:23 PM (well 4 beyond the Hearing Examiner's 15-minute no-show limit), but no one appeared for Kazi's. 5 10. It is my understanding from the City Clerk's office that Ms. Kazi finally appeared at approximately 1:50 PM. She never advised me of her schedule. To my knowledge, she also 6 had not advised the Clerk to the Hearing Examiner of her schedule. 7 Signed in Renton, Washington under penalty of perjury under the laws of the State of 8 Washington, this 29th day of August, 2018. 9 10 a 0(4 '_ 11 Leslie Clark, WSBA No. 36164 12 Senior Assistant City Attorney City of Renton 13 14 15 16 17 18 19 20 21 22 23 24 25 Kazi's Hookah Lounge, LLC Appeal Renton City Attorney 1Declaration of Leslie Clark-3 Rent R South Grady Way Renton,WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 DECLARATION OF SERVICE 1 I declare under penalty of perjury under the laws of the State of Washington that on 2 August 29, 2018, a true and correct copy of the foregoing document was served upon the parties 3 listed below via the method indicated: 4 Kazi's Hookah Lounge 5 Kazi's Hookah Lounge, LLC 6 111 Airport Way Renton, WA 98057 7 (206) 518-8320 kazishadika@gmail.com 8 9 [X] E-mail [ ] United States Mail [ ] Legal Messenger [ ] Other Agreed E-Service 10 City of Renton Hearing Examiner 11 c/o Renton City Clerk's Office 12 1055 South Grady Way Renton, WA 98057 13 cmoya@rentonwa.gov 14 [X] E-mail [ ] United States Mail [ ] Legal Messenger [ ] Other Agreed E-Service 15 16 17 DATED this 29th day of August, 2018, at Renton, Washington. 18 19 20 21 r /49- Heather Dumlao Administrative Assistant 22 City of Renton 23 24 25 Kazi's Hookah Lounge,LLC Appeal- Renton City Attorney Declaration of Leslie Clark-4 1055 South Grady Way , Renton,WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 Exhibit A Declaration of Leslie Clark Heather Dumlao From: Cynthia Moya Sent: Monday,July 23, 2018 2:33 PM To: Leslie Clark; 'Kazi Grill Bangladeshi &Indian' Subject: RE: Kazi's Hookah Lounge - Request to postpone hearing date - PLEASE RESPOND I am confirming that I have added this hearing to the Hearing Examiner's Calendar for August 28,2018 at 1pm. Thank you, Cindy Moya,City Clerk Specialist City of Renton-Administrative Services/City Clerk Division cmoya@rentonwa.gov 425-430-6513 ".°..1 tt Via" From: Leslie Clark Sent: Monday,July 23, 2018 1:44 PM To: 'Kazi Grill Bangladeshi& Indian'<kazishadika@gmail.com>;Cynthia Moya<CMoya@Rentonwa.gov> Subject: RE: Kazi's Hookah Lounge- Request to postpone hearing date-PLEASE RESPOND Thank you very much! Ms. Moya—would it be possible to confirm for August 28 at 1 PM? Leslie LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S. Grady Way ( Renton WA 98057 LClark@Rentonwa.gov I (425)430-6482 From: Kazi Grill Bangladeshi& Indian [mailto:kazishadika@gmail.com] Sent: Monday,July 23, 2018 1:22 PM To: Leslie Clark<LClark@Rentonwa.gov> Subject: Re: Kazi's Hookah Lounge-Request to postpone hearing date-PLEASE RESPOND Dear Mrs Leslie, I apologize for writing this email late. I agree to reschedule the date to August 28 at 1pm. I will also send all the paper work to Ms Moya today. Thank you. Sent from my iPhone On Jul 23, 2018, at 10:52 AM, Leslie Clark<LCIark@Rentonwa.gov>wrote: Dear Ms. Moya, 1 Exhibit A Declaration of Leslie Clark Would you please forward the below message to Mr.Olbrechts? I have copied the appellant's representative, Ms. Shadika Kazi,on this email. Thank you very much, Leslie Dear Mr. Hearing Examiner— This email concerns the Kazi's Hookah Lounge, LLC, business license appeal hearing currently scheduled for tomorrow,July 24,at 1:00 PM. I have copied the appellant's representative, Ms.Shadika Kazi, on this email. As disclosed below,the City's lead business licensing representative, Ms. Linda Weldon, has been called away from the office for several days due to an emergency. At the City's request, Ms. Kazi and the City have discussed postponing the hearing until Ms.Weldon's return. The City strongly prefers that the hearing be postponed until Ms. Weldon's return because Ms.Weldon served as the City's direct business licensing contact with Ms. Kazi. Having Ms.Weldon present will not only allow the City to put on its full case, but also allow Ms. Kazi to cross-examine the City's principal business licensing witness, should Ms. Kazi choose to do so. It is my understanding that Ms. Kazi agrees in concept to continuing the hearing, but she has not yet had an opportunity to officially confirm (please refer to below exchange). Meanwhile,the City's witness list includes two King County employees, and the City would like to provide those witnesses with the courtesy of notifying them today that tomorrow's hearing has been postponed. For the above reasons,the City respectfully requests that the Hearing Examiner order that the July 24 hearing date be continued to a date in August or September,the precise date to be agreed upon by the parties. (If the parties cannot agree to a date in August or September,the City intends to send a follow- up request to the Hearing Examiner asking for the date to be set.) Sincerely, Leslie Clark LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S.Grady Way I Renton WA 98057 LClark@Rentonwa.gov I (425)430-6482 From: Leslie Clark Sent: Monday,July 23, 2018 9:56 AM To: 'Kazi Grill Bangladeshi &Indian'<kazishadika@gmail.com> Cc:Cynthia Moya<CMoya@Rentonwa.gov> Subject: RE: Kazi's Hookah Lounge- Request to postpone hearing date-PLEASE RESPOND Importance: High Dear Ms. Kazi, May I please have a response today? I need to know whether you are requesting that we hold the hearing tomorrow,or whether you agree that it would be best to reschedule. Thank you again, Leslie 2 Exhibit A Declaration of Leslie Clark LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S. Grady Way I Renton WA 98057 LCIark@Rentonwa.gov ( (425)430-6482 From: Leslie Clark Sent:Thursday,July 19, 2018 4:49 PM To: 'Kazi Grill Bangladeshi & Indian' <kazishadika@Rmail.com> Cc:Cynthia Moya<CMova@Rentonwa.gov> Subject: RE: Kazi's Hookah Lounge-Request to postpone hearing date-PLEASE RESPOND Dear Ms. Kazi, Thank you so much. I checked the current schedule for the Hearing Examiner(who only hears Renton issues on Tuesdays). Below are the date and time options in August for rescheduling: • Tuesday,August 14 at 10 AM • Tuesday,August 28 at 10 AM • Tuesday,August 28 at 1 PM Would you please let me know which of the date/time options work best for you and your witnesses, or if we need to look at a date in September? I have also copied Ms. Moya on this email,who serves as the Clerk to the Hearing Examiner. Would you please forward all of the exhibits that you sent me and your witness list that you sent me to her,so that she can add it to the file? Thank you again, Leslie LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S.Grady Way I Renton WA 98057 LClark@Rentonwa.gov I (425)430-6482 From: Kazi Grill Bangladeshi& Indian [mailto:kazishadika@gmail.com] Sent:Thursday,July 19, 2018 4:29 PM To: Leslie Clark<LClark@Rentonwa.gov> Subject: Re: Kazi's Hookah Lounge-Request to postpone hearing date-PLEASE RESPOND Dear Mrs Clark, I am ok with postponing the date. However,some of my witness suppose to come on July 24th,they took that day off from their work. I am not so sure if I can arrange them to come another date. Please provide me with some date options.And I will see if I can manage it. Thank you. Sincerely, Shadika Kazi Sent from my iPhone 3 Exhibit A Declaration of Leslie Clark On Jul 18, 2018,at 5:11 PM, Leslie Clark<LClark@Rentonwa.gov>wrote: Dear Ms. Kazi, This email seeks your response regarding continuing the business licensing appeal hearing currently scheduled for July 24, 2018 at 1:00 PM. An emergency that occurred this morning has caused Ms. Linda Weldon to be out of the office. She will be out of the office beginning today for several days, including through Tuesday,July 24. Because the City would like Ms. Weldon to be available at the appeal hearing—including for cross-examination by you—the City would like a brief postponement of the hearing date until Ms.Weldon returns to work. Please respond no later than July 19(tomorrow)at 5 PM as to whether you agree that we should briefly postpone the hearing. If you agree, I will then send an email to the Hearing Examiner's office (with a copy to you) indicating that the parties agree to a brief postponement and asking for a new hearing date. If you do not agree or do not respond by tomorrow at 5 PM,then the City intends to email the Hearing Examiner's office(with a copy to you)advising of the situation and asking the Hearing Examiner to postpone the hearing. I apologize for the inconvenience of these circumstances;the City could not avoid this situation. Sincerely, Leslie Clark LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S. Grady Way I Renton WA 98057 LClark@Rentonwa.gov I (425)430-6482 4 Exhibit B Declaration of Leslie Clark 1 2 3 4 5 6 7 BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON 8 9 RE: Kazi's Hookah Lounge, LLC City of Renton's First Supplemental Exhibit List and Production of Exhibits 10 Appeal of Business License Decision 11 12 13 14 The City of Renton ("City") hereby supplements its designation of exhibits in this matter 15 and concurrently produces a copy of each such exhibit to Appellant Kazi's Hookah Lounge, LLC. The exhibits designated and produced in this disclosure were provided to the City by the 16 Seattle-King County Health Department's Tobacco Prevention Unit on August 16, 2018. The 17 City is designating and producing them to Appellant (with a copy to the Hearing Examiner) 18 within one business day of receipt to avoid any potential prejudice to Appellant in advance of 19 the scheduled August 28, 2018 appeal hearing in this matter. 20 A. Supplemental Exhibit List 21 The City designates the following as additional exhibits the City may use at the appeal 22 hearing. 23 24 25 Kazi's Hookah Lounge, LLC Appeal- Renton City Attorney City's First Supplemental Exhibit List and Production of 1055 South Grady Way Exhibits 1 Renton,WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 1 2 3 4 5 6 7 BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON 8 9 RE: Kazi's Hookah Lounge, LLC City of Renton's Request that the Hearing Examiner Enter a Default 10 Appeal of Business License Decision Judgment if Appellant Fails to Show for Rescheduled Appeal Hearing 11 12 13 14 I. REQUEST 15 This business license appeal matter was set for hearing before the City of Renton's ("City's") Hearing Examiner on August 28, 2018, beginning at 1:00 PM. Appellant Kazi's Hookah 16 Lounge, LLC ("Kazi's")failed to timely appear. 17 The City is willing to reschedule the appeal hearing to September 25, 2018, beginning at 18 1:30 PM, if the Hearing Examiner believes that default judgment is not yet appropriate. 19 However, the City respectfully requests that the Hearing Examiner issue a default judgment in 20 favor of the City if Kazi's again fails to timely appear for the rescheduled hearing date. 21 II. DISCUSSION 22 As described in more detail in the contemporaneously submitted Declaration of Leslie 23 Clark("Clark Declaration"), Kazi's expressly agreed to the scheduled hearing date and time of 24 August 28, 2018 at 1:00 PM. Accordingly, the City's witnesses timely assembled, including two 25 Kazi's Hookah Lounge,LLC Appeal Renton City Attorney City's Request Regarding Rescheduled Hearing-1 1055 South Grady Way Renton,WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 1 witnesses who are King County Public Health Department employees and traveled from Seattle 2 to testify at the hearing. See Clark Declaration. 3 Without any notice to the City (or, presumably, the Hearing Examiner), no one 4 representing Kazi's had appeared for the hearing more than 20 minutes after the starting time, 5 and the hearing was canceled. See Clark Declaration.' The Clerk to the Hearing Examiner has advised that a rescheduled hearing slot is available for September 25, 2018, beginning at 1:30 6 PM. 7 In the only prior proceeding in this matter (a pre-hearing conference held on June 26, 8 2018), Kazi's representative appeared so late that the Hearing Examiner was poised to cancel 9 that proceeding. See Clark Declaration. 10 Thus, twice, Kazi's has failed to timely appear for proceedings in this matter. Although 11 the Hearing Examiner might not believe that default judgment is appropriate yet against Kazi's, 12 the City respectfully requests that the Hearing Examiner issue a default judgment against Kazi's 13 and in favor of the City if Kazi's does not timely appear for the rescheduled hearing date and 14 time of September 25, 2018 at 1:30 PM. 15 The City is serving this Request upon Kazi's to provide advanced notice to Kazi's of its 16 risk of default of judgment if Kazi's does not timely appear for the rescheduled hearing date 17 and time of September 25, 2018 at 1:30 PM. 18 III. CONCLUSION 19 The City is entitled to an adjudication of this matter. The City respectfully requests that 20 the Hearing Examiner issue a default judgment against Kazi's and in favor of the City if Kazi's 21 does not timely appear for the rescheduled hearing date and time of September 25, 2018 at 22 1:30 PM. 23 24 1 The Clark Declaration describes the declarant's understanding that Kazi representatives finally appeared at approximately 2:00 PM. 25 Kazi's Hookah Lounge, LLC Appeal Renton City Attorney1055 south Grady way City's Request Regarding Rescheduled Hearing-2 Renton,WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 1 Respectfully submitted this 29th day of August, 2018. 2 3 JQ4) Leslie Clark, WSBA No. 36164 4 Senior Assistant City Attorney 5 City of Renton 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Kazi's Hookah Lounge, LLC Appeal Renton City Attorney 1055 South Grady Way City's Request Regarding Rescheduled Hearing 3 Renton,WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 DECLARATION OF SERVICE 1 I declare under penalty of perjury under the laws of the State of Washington that on 2 August 29, 2018, a true and correct copy of the foregoing document was served upon the parties 3 listed below via the method indicated: 4 Kazi's Hookah Lounge 5 Kazi's Hookah Lounge, LLC 6 111 Airport Way Renton, WA 98057 7 (206) 518-8320 kazishadika@gmail.com 8 9 [X] E-mail [ ] United States Mail [ ] Legal Messenger [ ] Other Agreed E-Service 10 City of Renton Hearing Examiner 11 c/o Renton City Clerk's Office 12 1055 South Grady Way Renton, WA 98057 13 cmoya@rentonwa.gov 14 [X] E-mail [ ] United States Mail [ ] Legal Messenger [ ] Other Agreed E-Service 15 16 17 DATED this 29th day of August,2018,at Renton,Washington. 18 19 94-11L141 20 Heather Dumlao 21 Administrative Assistant 22 City of Renton 23 24 25 Kazi's Hookah Lounge,LLC Appeal Renton City Attorney1055 South Grady Way City's Request Regarding Rescheduled Hearing-4 Renton,WA 98057 Phone: 425.430.6480 Fax: 425.430.6498 Cynthia Moya From: Cynthia Moya Sent: Tuesday, August 28, 2018 4:21 PM To: Leslie Clark; Linda Weldon; Donna Locher Cc: Jason Seth; Phil Olbrechts;Jan Hawn; Shane Moloney Subject: RESET: Kazi's Hookah Lounge Attachments: Kazi reschedule date.pdf Here is the letter rescheduling the Kazi's hearing. Thank you, Cindy Moya, City Clerk Specialist City of Renton -Administrative Services/City Clerk Division cmoya@rentonwa.gov 425-430-6513 1 Denis Law Mayor , City Clerk-Jason A.Seth,CMC August 28, 2018 Shadika Kazi Kazi's Hookah Lounge, LLC. 12233 SE 259th Place Kent, WA 98030 Re: RESETTING APPEAL HEARING -Appeal of Business License Decision Kazi's Hookah Lounge, LLC. Dear Ms. Kazi: This letter confirms the appeal hearing for the above matter has been reset by the Hearing Examiner. The following hearing date is hereby ordered: Appeal Hearing: Tuesday, September 25,2018 at 1:30 p.m. The above proceedings will take place in the Council Chambers on the seventh floor of Renton City Hall, located at 1055 S Grady Way in Renton. If your case is called and you are not present, your appeal may be automatically denied. If for some reason you do not plan to attend the proceedings, or you have any questions, please call Jason Seth, City Clerk in advance of the hearing date at 425-430-6510. Sincerely, Jason A.S- City Clerk cc: Hearing Examiner Jan Hawn,ASD Administrator Linda Weldon, Finance Donna Locher,CED Shane Moloney,City Attorney Leslie Clark,Senior Assistant City Attorney 1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov Cynthia Moya From: Cynthia Moya Sent: Tuesday, August 28, 2018 4:16 PM To: Leslie Clark; Linda Weldon; Donna Locher Cc: Shane Moloney;Jan Hawn;Jason Seth; 'Phil Olbrechts' Subject: Kazi's Hookah Lounge Attachments: Kazi reschedule date.pdf Tracking: Recipient Recall Leslie Clark Failed:8/28/2018 4:18 PM Linda Weldon Failed:8/28/2018 4:18 PM Donna Locher Failed:8/29/2018 6:39 AM Shane Moloney Jan Hawn Succeeded:8/28/2018 4:19 PM Jason Seth Failed:8/28/2018 4:18 PM 'Phil Olbrechts' This letter will be going out today to reset this hearing. Thank you, Cindy Moya, City Clerk Specialist City of Renton-Administrative Services/City Clerk Division cmoyaprentonwa.Rov 425-430-6513 _ ..*r°°ii r ri 1 Denis Law Mayor , I, City Clerk-Jason A.Seth,CMC August 28, 2018 Shadika Kazi Kazi's Hookah Lounge, LLC. 12233 SE 259th Place Kent,WA 98030 Re: RESETTING APPEAL HEARING -Appeal of Business License Decision Kazi's Hookah Lounge, LLC. Dear Ms. Kazi: This letter confirms the appeal hearing for the above matter has been reset by the Hearing Examiner.The following hearing date is hereby ordered: Appeal Hearing: Tuesday, September 25,2018 at 1:00 p.m. The above proceedings will take place in the Council Chambers on the seventh floor of Renton City Hall, located at 1055 S Grady Way in Renton. If your case is called and you are not present, your appeal may be automatically denied. If for some reason you do not plan to attend the proceedings,or you have any questions, please call Jason Seth, City Clerk in advance of the hearing date at 425-430-6510. Sincerely, Jason A e h City Clerk cc: Hearing Examiner Jan Hawn,ASD Administrator Linda Weldon, Finance Donna Locher, CED Shane Moloney,City Attorney Leslie Clark,Senior Assistant City Attorney 1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov Denis Law Mayor City Clerk-Jason A.Seth,CMC August 28, 2018 Shadika Kazi Kazi's Hookah Lounge, LLC. 12233 SE 259th Place Kent, WA 98030 Re: RESETTING APPEAL HEARING -Appeal of Business License Decision Kazi's Hookah Lounge, LLC. Dear Ms. Kazi: This letter confirms the appeal hearing for the above matter has been reset by the Hearing Examiner. The following hearing date is hereby ordered: Appeal Hearing: Tuesday, September 25, 2018 at 1:30 p.m. The above proceedings will take place in the Council Chambers on the seventh floor of Renton City Hall, located at 1055 S Grady Way in Renton. If your case is called and you are not present, your appeal may be automatically denied. If for some reason you do not plan to attend the proceedings, or you have any questions, please call Jason Seth, City Clerk in advance of the hearing date at 425-430-6510. Sincerely, Jason A. S City Clerk cc: Hearing Examiner Jan Hawn,ASD Administrator Linda Weldon, Finance Donna Locher,CED Shane Moloney, City Attorney Leslie Clark,Senior Assistant City Attorney 1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov Cynthia Moya From: Leslie Clark Sent: Monday, October 01, 2018 5:29 PM To: olbrechtslaw@gmail.com; 'Kazi Grill Bangladeshi &Indian' Cc: Cynthia Moya; Linda Weldon; Neal, Scott; 'Pajimula, Fel' Subject: FW:Video [Re: City of Renton - Kazi Hookah Lounge - Business License Appeal] Attachments: ATT00001.htm;ATT00002.htm;ATT00003.htm Dear Mr. Hearing Examiner and Ms. Kazi— The City of Renton does not object to admitting the video linked below into the record. Thank you, Leslie LESUE CLARK I Senior Assistant City Attorney City of Renton ( 1055 S. Grady Way I Renton WA 98057 LClark@Rentonwa.gov 1 (425)430-6482 From: Kazi Grill Bangladeshi & Indian [mailto:kazishadika@gmail.comj Sent: Monday,October 01, 2018 5:21 PM To: Leslie Clark<LClark@Rentonwa.gov> Subject:Video Download Attachment Available until Oct 31, 2018 1 Cynthia Moya From: Leslie Clark Sent: Tuesday, October 02, 2018 11:09 AM To: 'olbrechtslaw@gmail.com'; 'Kazi Grill Bangladeshi &Indian' Cc: Cynthia Moya; Linda Weldon; Neal, Scott; 'Pajimula, Fel' Subject: FW:Video [Re: City of Renton - Kazi Hookah Lounge - Business License Appeal - 2nd video] Attachments: ATT00001.htm;ATT00002.htm;ATT00003.htm Dear Mr. Hearing Examiner and Ms. Kazi— I received the email linking the video, below,this morning at 8:28 AM, but it appears that the message was intended for delivery for last night. For that reason,the City does not object to the late receipt and otherwise does not object to admitting the video into the record. Thank you, Leslie LESLIE CLARK I Senior Assistant City Attorney City of Renton 11055 S. Grady Way I Renton WA 98057 LClark@Rentonwa.gov ( (425)430-6482 From: Kazi Grill Bangladeshi & Indian [mailto:kazishadika@gmail.com] Sent: Monday, October 01, 2018 8:08 PM To: Leslie Clark<LClark@Rentonwa.gov> Subject:Video Download Attachment Available until Oct 31, 2018 1 Renton City Hall 1055 S Grady Way Renton, WA 98057 Business license permit for Hookah Lounge in Renton, WA. Dear Members of Renton City Hall, We would to like open a hookah lounge, at Ill Airport Way, Renton, Washington 98057. Hours of operation, seven days of week from 9:00 p.m. to 1 a.m. I used to own a hookah lounge in Seattle, "Kings Hookah Lounge." I sold that business because of long hours from 6 pm to 2 am. I used to get tired easily. For two years. I have had own this place. I never received any fines, violation, or warning from the city. I followed the laws and regulation of the state and health department. I was very strict about everyone brings ID and must be members only. Majority of the people used to come were friends and friends and friends. The state also doesn't want second hand smoke. Therefore. I didn't have any employees. My plan is to operate the business is simple way. It will be a place for social gathering. Members will follow the rules to bring ID, and membership cards. It will be strictly hookah. Serving hookah only with option of buying water, soda and teas. Renton is a ideal location because it is close to Bellevue and Seattle. I am asking for you permission to allowing me to open this business based on my experiences and knowledge about the state laws and regulation. I am sure your community will be very happy of opening a hookah lounge in this area because they don't have to travel far to Seattle. Thank you for taking the time to read this requested letter. I hope you consider my proposal. Thank you, Shadika Kazi ICA 7I GROUP LLC V1 14 City of Renton If OCT 0 Administrative Iwen Wang Sy es_ Dear Mr. Iwen Wang, My name is Shadika Kazi.I am writing this letter to you regarding my business license for Kazi's hookah lounge License#BL.038904. I have applied and received this license to operate this business on June ls`,2015.However,on August 10,2015, I received a mail from you regarding my license being denied and it was inadvertently issued to me. I met with Mrs.Donna Locher,regarding her concern about hookah and explain to her how I plan to operate this establishment. Question you have: 1. How the lounge would be separated from the dining area for purpose of smoke ventilation? - Hours are different for hookah. Hookah starts at 9pm to lam, when restaurant is closed. We keep our ventilation on all night.There is no complaining for hookah smell from our customers because hookah smoke vaporized fast so it leaves you with no smell. 2. Who would collect the beverage,membership,hookah and tobacco fees? - This would be collected by the owner of the hookah lounge which is me. This is open for members only. Members do understand the problems and they don't demand too much from us. We have Renton Fire department approval and we have been inspected by King Counts'health department. This hookah lounge is different from other hookah lounge. It is more quiet and relaxing place.People come here do their homework,social gathering,office work,play games like cards or chess.3.Clients are diverse and they are responsible individuals. Please allow me to keep this establishment that I have built. Please contact me soon, Thank you, Shadika Kazi Kazi's Hookah Lounge 206-518-8320 111 Airport Way Renton, WA 98057 206-518-8320 1Cazishadika a an ail.coni June 15'",2016 Dear:Donna Locher&Linda Weldon, My name is Shadika Kazi,owner of Kazi's Hookah Lounge located in 111 Airport Way,Renton WA 98057.This hookah lounge going to be using tobacco free hydro herbal shisha,the king,stream stones, and liquor gel etc. This is a social gathering lounge.Hours of operation from 5pm to lam. Thank you, Shadika Kazi Kazishadika@gmail.com 206-518-8320 Dear City of Renton Administrative Services Administrator, City of Renton Subject:Appealing for obtaining a renewal license for Hookah lounge. MAY 1 0 2018 I am writing this letter to request reconsideration of the hookah lounge. Received Chris Seese As violation has been noted, "Public open and employee zone"The law has regulated hookah lounge tobacco place can't have employees and can't be more to public. In 2016, new law passed that new members must apply for membership on an application and have no more than 2500 members per quarter.When I do not have paper, I do carry a system that shows the date when their membership expires.That way I can check and renew their membership and create new one. New member or Renewal,and how many members are currently active. It was to demonstrate how many members currently active. I did send out email to Health official FP to count the numbers of members currently active from my system. Now,the new system I recently got which can show right of way how many members are active on FiveStar account. I am also carrying paper application at all times for now on. I have understood that this needs to comfy with the laws. No place for employee,Victor Cassarez is on the business license.The next person "Sunny" is his nick name full name is"Sangram Parhar"also his brother Karamvi Parhar both on my license on new the partnership we have created in Kent location for hookah lounge.This was active on August or September 2017.They were here to observe the business and learn by watching and consulting with the clients.When the health official asked what are they are doing. I told them they are going to be on the license as new partner. I did not make a false statement.And you already can see that I have them as business partner. The belly dancer was part of private event from.And we did not pay for this entertainment. D1 Teddy was a private member of this lounge and he played songs without getting pay. We wanted to help him to build his client. The hours I have put on was included my hours,victor,and security hours. I might have made a mistake here by putting them. I am not sure but I would like to get feedback how to do this right. I am asking for help if I do any mistake. I obtain my hookah lounge license in May 2015 from city of Renton.My renewal for this license was in April 2016 and when I came to renew my business license.City of Renton said,"They made a mistake to hand me the hookah lounge license". I was shocked because how can someone make a mistake. I was told that State and city of Seattle including Mayor wants to to close down 11 hookah lounges due to many violent,open to public and health issue. I agreed to sign and send a letter for tobacco free if that is the decision to remain open since everyone else will have to do the same. But the decision over turn, due to fact it is"Racial Equity". Now,city of Seattle agreed to have the hookah lounge remain open but follow the new laws and regulation. I was explained the new laws and regulation in 2016. I have been following the laws to keep only members and create a system that will comfy with the laws. I do understand sometimes mistake happens,and I truly apologized for not keeping the paper application sometimes handy. Hookah is a culture for many ethical groups. It is a big tradition and it has been around for many centuries. Our members appreciate us to have a place for them to come and enjoy a hookah session instead of being at their house where it becomes difficult not knowing how to do make it great hookah and experience.This is a big part of their culture and life.They want to seat and enjoy spending time with family and friends,do office or homework from school or work,play board or cards games.Clients don't mind driving from Seattle, Lynnwood, Bellevue, Kent,Tacoma,Tukwila or Renton for a good hookah experience.They understand all lounge rules and regulation.We are very strict hookah lounge compare to other hookah lounge. I understand you have close down the other hookah lounge in Renton due to many violence, shooting and fight. It is not the same over here.We keep a strong a relationship with clients and their safety.As well safety and reputation for Renton City.Our client knows that no can bring their personal problem here in this lounge.We don't have fights, arguments or shooting,other than what happened in September 2016 due to closure of nomads and maybe their clients try to come here but they couldn't come here because we have a strong system and no will like to be here because of so many rules and regulation in this lounge.Those people couldn't like this lounge. And we have zero toleration of any violation. Now,we have a strong system that if someone stays outside in the parking out more than 5 minutes than we will cancel the membership.This lounge is very clam compare to other lounge.We know what to do in situation to prevent anything happened head of time and of course the whole police department with us.Sandra Havlik from Renton city is there if I suspected any awkward activities and report to her so that way she can help to inform rest of the department.She has been a big help. We are asking for help to keep the system effective with all laws, rules,and regulation. As I said earlier, Hookah is a culture for many ethical groups. It is a big tradition and it has been around for many centuries.There is over 30 hookah lounges in Portland, 71 San Francisco,336 in LA,553 in New York.We live in a diverse county and hookah lounge are important for many culture. Hookah is all over the world and you can smoke publicly in restaurants, malls,outdoors, lounges etc.Violence is everywhere it has done many times in SouthCenter mall, bars and gas station but their business are open. Hookah lounge is not to blame for their people who are looking for trouble or wants to make trouble.We are simply trying to do give a community the feel of home.A place where they can stay connected to their culture. We are requesting you to reconsider your decision for the people and culture for hookah lounge. Sincerity, Sthadika K zi Owner of Kazi's Hookah Lounge 111 Airport Way Renton,WA 98030 CITY OF RENTON May 18,2018, 2018 MAY 23 2018 RECEWED '/V CITY CLERK'S OF1=HC }0"�~ U..PS '11'\c:, v, Dear City of Renton Administrative Services Administrator and City Hearing Examiner, Subject: Appealing for renewing business license for Kazi's Hookah Lounge LLC (BL.041328). This is a letter of request to take a reconsideration of your decision for Kazi's hookah lounge. Kazi's has been opened in Renton City since June 2015. Recently Renton City has made some changes to business licensing service. For example,online application for renewal.When I found the email,at first I wasn't sure of it then,Mrs. Linda Weldon personally emailed me about the renewal application. I tried many times to obtain my renewal business license online but I couldn't. After that,I decided to go in person to obtain the renewal license. Both I and Mrs.Weldon wouldn't figure it out. Mrs. Weldon told me"it's under review this is why the system is not allowing it to process."Since then I waited few weeks to get an answer back from Mrs.Weldon regarding"Under review process".While I was waiting,I tried to renewal my business license one more time,and it worked. Finally I figure it out how to apply online.I applied for the renewal license and paid of the amount dues as well so I applied and summited business license renweal for Kazi's Hookah Lounge.Then,one week later, on April 19,I heard back from Mrs.Weldon. On the email,it discussed about whether or not my business should be given a renewal license based on the violationed noted from Health department. Based on the health department notes,during 2017 to 2018 as violation has been noted, "Open to public and employee zone" Open to Public "Membership Private Club"—Must keep record of membership list. I have been collecting memberships since the first day Kazi's Hookah Lounge opened. It was storing on my register system.The system has information about a member name, phone number, and date as the membership was created. I have been collecting the membership fees as well.Then later a new law passed to have application forum. Sometimes I would run out of the paper application forum. Although,I ran out of paper application forum, we still had the system where it storage all membership list. The forum online also has name,phone number,date signed up to end date.It doesn't have any other special instruction. I can find easily someone with their name or phone number. This was demonstrated to Fel Pajimula from Health department. He was satisfied with this but still prefers paper application process as well. On October 30th 2017,Mr.Pajimula wanted to know many current memberships is active and he would like to see if I can find a system that would demonstrated that. I told him I would send this file to him to his email on a excel file which can demonstrate on excel. I have sent the files on 10/31/2017.Later on, 04/05/2018 when Mr. Pajimula visited us,I have started a service system for membership 1 which can make very easy for Mr.Pajimula to see how many members.A member would punch in the number and his or her information will come up and it will show if the membership is active or not. If it is not we can ask them to renew their membership. As you can see,we are making progress and following the instruction from health department and trying to come up with better a solution that will work for both of us. So I am not sure why I am in violation when I am actually trying as much as I can to improve and make a system that will work. I am also carrying paper application at all time now as requested by Mr.Pajimula. No Employee Zone The next subject was mention"Having employees".Belly dancer or DJ teddy both carried a membership.I did not hire any of them to do any performance.Dj Teddy likes to practice on his own and he wants to build his clients.He only has done this once or twice for fun.Belly dancers were part of private event celebration. Victor Cassarez,Karamvi Parhar and Sangram Parhar(refer as"Sunny")are all on business license for Renton and Kent Hookah Lounge. They all have been on the Business License for almost 1 year now as being a partner. June 2015,I was given my license for hookah lounge without a question or obligation. Then I was told 10 months later that City made to mistake to hand me the license since Mayor declare war on 11 hookah lounges;even thought,I was not part of any violation and neither my business name was listed on the 11 names of the hookah lounge. I was operating without any violation,no calls for 911 still I was target because the city of Renton will follow the Mayor decision on Hookah Lounge. I almost lost my business. I was going to close my door. I was making no money in both restaurant and Hookah lounge.I was fighting to survived everyday by myself.And then when I came to renew my business license I had sign some agreement to obey the laws of the Mayor if it goes through. Then later,Mayor made a settlement with all 11 hookah lounges to let hookah lounges remain open due to our"Racial Equity Rights". Hookah is our culture and this is who we are. Hookah came from many countries such as Indian,Bangladesh,Persia, Egypt,Russia,Bosnia,Africa,Jamaica,and Middle Eastern etc. I feel like every time the city has problem with 1 hookah lounge and targets all of them. Mrs.Weldon told me "since the other hookah lounge Nomads Hookah Lounge caused too much problem we are not sure if we can allow your hookah lounge to operate here in Renton".Nomads Hookah Lounge was close officially in September 2017. I shoudln't be targeted because of other business owners doesn't know how to run their business. Also not all the bars, club, and gas station gets close down because of that one bar had problem. You can't blame all the group of people just because of a person or single establishment keep making mistake. We cannot target all people. Hookah lounge is not to blame for"people who are looking for trouble or wants to make trouble". We are simply trying to bring our culture back. This is a place where they can stay connected to their culture. Just imagine for a second, so many younger,mid age and older people are becoming part of the social enviorment instead of selling drugs on street. 2 Compare to any other hookah lounge,we are the most strict hookah lounge. When we see any suspicious person driving by or observing our business,we inform to Sandra Havlik Renton City Criminal prevention and other police department to keep a good eye.That way,before something happen we can be aware of it.We are ahead of everything about making sure the safety of our clients. Our clients understand our rules and kindly respect us. They also follow all the rules and regulation of the lounge. For example,members doesn not stay outside in the parking lot and they keep outside clean environment. We use this establishment for social gathering. We also bring our culure and share it with the world. Renton city close down the other hookah lounge name "Nomads"due to many violence, complains,shooting and fights.If I was the business owner of that lounge I would have close down long time ago because If I cannot control my own business and why should I have a business?The decision was right.However,closing down my business due to the fact of the other hookah lounge is close?It is not right and very unfair.If I have any violation,these violation can be fix or corrected with help from city and health department. But ofcause working everyday becomes harder for a business owner to accomplish these goals. Hookah is all over the world. It has been around for many generations. Hookah can be seen almost every country now. In those countries you can have hookah publicly inside a restaurants while kids are around,malls,outdoors,bars,clubs,lounges, house parties etc. In California,Dallas,New York,Florina,and other States I have visited,I always look for hookah lounges and visit their establishment.I was able to smoke publicly and employees were on sites as well serving hookah,taking orders, and performing other duties while they have the same State Law for"Smoking is prohibited in workplace and 20 feet away". I would like to inform you this is my 2nd mail for appealing your decision. I have send out a mail on the 05/01/18 overnight shipping UPS to get to Renton City Clerk Office on address 1055 South Grady Way,Renton WA,98057.The mail was not being delivered on timing manner since there was no suite number given to me. Further decision,I had with the UPS also said, "They had to wait until May l0d'to receive a suite number from Renton Clerk office otherwise the mail would have been deliver on May 2nd." I understand health department want us to improve our system more effectively. We could do that by arranging a meeting where we can seat and make some suggestion to improve our system moving forward. As far as now I am keeping both paper application and membership counting system. As well, the partners are on license and it has been almost a year now. I am kindly asking to have any future letter or mails to be send electrically on my email Kazishadika@gmail.com and a hard copy to be send on my mailing address 12233 SE 259th PL,Kent,WA 98030. 3 Sincerity, g, Shadika kazi Owner of Kazi's Hookah Lounge LLC Kazishadika@grnail.com 206-518-8320 4 ai . - • .-, a - -i. ii! • _ z - v O .7) E 3 _ rz ', d i T? i 5 , .1:.• .7, ,E g 71, 1 =, 1.: q c- , ,; t 51 ,,.. r S. I irl -5.? .-., . t7.•-:,:' -. • !4 •i:▪-, .i.?., ..• • .-,; ,-. i. z.• Er- F. ,t-. c ,, ,--: ,.;:,:t•< • . i 2 l'. 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A'P.-irk .ass+. • awr;: , . r' • , • • p_r± httpsJ/mail.google.com/mail/u/O erarchllclark%40rentonwa.aov?ord hx=1 Linda Weldon From: Linda Weldon Sent: Thursday, December 28,2017 12:24 PM To: 'kazishadika@gmail.com' Subject: New Renton Business License Renewal for New Expiration Date CITY OF ---- Rent .Q. on ***LICENSE RENEWAL NOTICE*** There Will Be No Further Notifications Sent December 28,2017 DUE DATE: 1/31/2018 KAZI'S HOOKAH LOUNGE LLC Re: BL.041328 Dear Business Owner, The City of Renton has implemented a new on-line filing for business license renewals and tax filings. We will no longer be mailing out paper renewals—this email is your renewal notice. Beginning January 2018 we are transitioning every business license to a January 31"expiration date Your business license currently expires on 4/30/2018,however, in order to transition all licenses to a January 31" expiration date,the following steps must be completed by January 31st,2018: 1. Register and File Online at https://taxlicense.rentonwa.gov Please see the Quick Filing Guide for instructions To register(if you have not already done so)you will need the following: UBI#: 604094566 Security code: 191762 2. Complete Hours Worked and Revenue in Renton for the reporting period: **4/1/2017through 12/31/2017 3. System will automatically prorate(January 2018 filing only)the following: Business License Fee(per license): $112.50 ($37.50 per quarter) B&O Tax Threshold(if applicable): $1,125,000.00 ($375,000.00 per quarter) Fire Endorsements(if applicable): $75.00 per endorsement($25.00 per end,per quarter) Once you have completed the above steps and submitted your payment online(you may also print a voucher and mail in with a check and a copy of the voucher)we will issue you a new license with an expiration date of January 31, 2019. v r co co In .Q 73 O �� N n L 00 L O 0 E • a) a c 0 D s c 0 0a! 0 o J a a- s m _C o p 1 = R O N O O N O I Y a7 N rc O N m aJ m ra O . rc Y ,, E N nn (I) o 7 I O C ,.: E cy c ' ra V1 '- O O O U c 0 vi cc Q Nin m O n 0 C IMINIEM �n E O c (j al N > > �n 0011 �� v= ra O Q U E5 = N CO Y cn N (n ` ' 4 Q O (I) Y > IN CD .3 N •N 0 C co v LO (f} con Cs r c N v !0 O O � H CD n � N :+_' Cri co 0 2 � Co I Cr CO O 46.5 co U M CC co N N > > Q Dcp > 0.1 Ocn N in 00 N 71- > O y / (n .0 a > _co 03 a. h 3 cn m z (13 0 0 0 0 0 0 0 C. 0 0 o la�-+ I� phi /�^, N./ O 0 c0 � CO 0) C CO N (V v I 'id LO U'} U > o IX n n n 4t I- 0 0 ( n W c to o3 i o a, rin a) , s a LI t in c U. a > y01 -a cc o v ro ao s cn 0 U 2 . ^� gco N B� �, •: e co n N Q L v m `� c cn v co u - o _o N LL� N L > m m c o 0 rn E• 05 Q o v 0 o c 3 o J s L O O cc = ta 1 O 0 O N 0 I y c' N O N COn CC c O " Y rc E 0 ^, oc O w = C I- C E CD Cn m O CC O C CO N tn O U i Q n_ • m v O co 0 > 2 N c 0CA a z p ,4-'� n -1 at a O E o CL 0_r o a cn L (cn co 1 ( as V v7 a 0 c Cu n N 47. ts O 3 C 0 > O y 21 L ( / CO O . / C7 O y p 01 ++ •� i to �- Cl)V) C � N rz > : ' 0 E co 0 2 0 a' CO CD .- C co U O Cr I cc rn N Q cm C Cr)C > O y `�- Q �r Qco - to n co � M 3 ^ yam / 0�1 o a o o El0_ 3 H ( S 0 N U 0 Ce ,' n Q E 0 U N mcn in LU m C LL CDE _ m > ers a) 0 U u c cn D N a n u; w s 7/17/2018 Fivestars I Dashboard I Members Support FIVESTARS (htt0C4A-4(w stf t1i'support/) Wgtr To irdap9oln uswe a question?(http://business-support.fivestars.com/) Kazi's Hookah Lounge ... (http://www.facebooic.com/FiveStarsCard) (http://www.twitter.com/Fivestars) (https://plus.google.com/117964121755249798402) (https//blog.fvestars.com/) Fivestars Manager App Send promotions and gain insights right from your phone Downloed on the 1111 App Store (https://`vestars-manager.app.link/dashboard) GET rr ON Google Play (https:i/flvestars-manager.app.I nk/dashbcard) 2018 Fivestars Loyalty,Inc.340 Bryant St#300,San Francisco,CA 94107 860-578-2770 i supportQfivestars.c https://dashboard.fivestars.com/#/members/4562fbfcab8b40f99948d2be70336689/ 5/5 7/17/2018 Fivestars I Dashboard I Members * FIVESTARS (http://www.fivestars.com/) GCCo Overview Chat with Support! Have a question?(http://business-support.fivestars.com/) Kazi's Hookah Lounge ... Members Campaigns Total Members New Reg.,lar VIP Members 1864 500 1 35 © Activity Show All Members v 4 Pages 1864 Results O Settings Name Phone Status Source Last Visit Current Lifetime Member Tagge Points Points Since Jendallig* Ends 910.18 .1101111111110 New Store 0 pts G pis Today 1:18 AM PDT 7/17r18 Sally Ends 910'.18 New Store 0 pts C pts Tocay 1:17 AM PDT 71718 Monica Ends 9`.14 18 +G New Store 0 pts G pts Today 1:16 AM PDT 711718 Tee aim Ends 9A1418 .41111111.06 New Store 0 pts 0 pts Tocay 1:15 AM PDT 7/17/18 Salahuddin 111111111id Ends 91111'.18 11811111.1.111111111 New Store 0 pts C pts Today 1:14 AM PDT 717/18 Ahmed Ends 9\17'.18 New Store 0 pts G pts Today 1:14 AM PDT 711718 Abas Ends 9117118 1111.11111.1011 New Store 0 pts C pts Tocay 1:13 AM PDT 717118 Asha UMW Ends916 18 New Store 0 pts C pts Tocay 1:12 AM PDT 7 17 18 Danielle 01111.110). Ends 9A1618 New Store 0 pts C pts Today 1:12 AM PDT 7/17118 Williams Ends 10112/18 New Store 0 pts C pts Today 1:07 AM PDT 7/17/18 httns7//dashhnerri.fivestars.cnm/#/mamhars/45n2fhfrahRh4flfggg4Rr19ha7f133RFRq/ 1/s 7/17/2018 Fivestars I Dashboard I Members * FIVE STARS (http://www.fivestars.com/) Chat with Sup !RioSJ-1a question?(http://business-support.fivestars.comi) Kazi's Hookah Lounae ... Ends 10A12118 4111111.11.61 New Store 0 pts 0 pts Today 1:07 AM PDT 7%17/18 Maria Oft; Ends 10\12\18 New Store 0 ots 0 pts Today 1:06 AM PDT 7'1718 M1 Lampman 1111111111111.0 End 10\12 18 New Store 0 pts C pis Today 1:05 AM PDT 717,13 James - New Store 0 pts 0 pts Jul 16 2018 1C 55 PM PDT 7116118 Dahli 11.11M1111.06 Ends 10\12\18 New Store 12 pts 12 pts Jui 16,20'81C 46 PM PDT 7/1E08 • Bombes M. 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Ends 101418 4111181011111101 New Store 0 pts G pts Jul 14,201E 11:40 PM PDT 714i18 =x. Jasmine Ends 10141 4111111111.116. New Store 0 pts 0 pts Jul 14,2018 11:40 PM PDT 714/18 Andrew Ends 10 New Store 33 pts 33 pts Jul 14,2018 11:25 PM PDT 714/18 DarneshaiNib Ends 101418 AMIN New Store 0 pts C pts Jul 14,2018 11:22 PM PDT 7'14/18 Elyssia INNS Ends 10,418411111.11.1. 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Have a question?(http://business-support.fivestars.com/) Kazi's Hookah Lounge ... Ends 101518 New Store 0 pts C pts Jul 15,201E 11:21 PM PDT 7/15;18 User 8279 41111111111111110 New Store 0 pts C pts Jui 15,2018 11:21 PM PDT 7/15;18 Hailey� _, 1111011111111111111P New Store 0 pts C pts Jul 15,2018 10:04 PM PDT 7'15;18 Martha Ends 101518 New Store 26 pts 26 pts Jul 15,2018 8:42 PM PDT 7/1518 User .. New Store 0 pts 0 pts Jul 15,2018 7:26 PM PDT 715,18 Fatah Ends 101518 411111111111110 New Store 20 pts 20 pts Jul 15,2018 5:59 PM PDT 7'15;18 Mohamedamin New Store 19 pts 19 pts Jul 15.2018 5:18 PM PDT 7'15;18 Omar Mil. 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New Store 20 pts 20 pts Jul 14,2018 11:59 PM PDT 7:14118 Sydney Ends 101418 New Store 33 pts 33 pts Jul 14 2018 11:43 PM PDT 7114/18 (r. https://dashboard.fivestars.comJ#/members/4562fbfcab8b40f99948d2be70336689/ 3/5 Commercial Business APPLICATION FOR CITY OF RENTON BUSINESS LICENSE -01.ttyof FILL OUT THIS FORM COMPLETELY ,,.. .. �..— ...is ' (INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED) General Business License Required: Every business enterprise, including but not limited to seasonal,temporary, or portable sales businesses,shall first obtain, from the City of Renton,a general business license. The general business license shall not I be transferable.Reference Renton Municipal Code Title 5 Chapter 5 BUSINESS INFORMATION Business CANNOT operate without an approved license.Inside City applications may take 1-2 weeks for processing Check all that apply:y Inside City U Outside City XNew Business Location Change New Ownership i Name Change Projected Annual Gross Revenue: $ 1f�r 000_ c,10 Projected Annual Hours Worked: /3 i2L BUSINESS NAME AND PHYSICAL LOCATION: WA State UBI#: , 4 3— Z(r •- //civ Cj 1 -S 71 JJ'O> ._ Pi.,72i,n9-< Contractor's Lic#(if applicable) l it A Y(20' - (2y Legal Owner(s), (of YOUR business),Name and address: Rattili v'J -)ge5q ,9ifl/01KA k io r Business Telephone: (R06) 5f,?- s9 O /do�3 3 -SF o26',911n PL , Kt=N ' ci- f) ),Yr 3 z Business Email Address: I CQ2t5/7a k'(g I,Cr Yvl Home Phone:V-06)40.f is-'3 Cell:(2d6 ) 678 2 34_0 Mailing Address(Check if same as above) ❑ Owner's Email: Sh‘.7rr,0 6 9F ?pv (, (rr?' I ,R 3 3 SE ,-'•c9 Pt Emergency Name&Telephone Number(Other than owner) pC F n , it)h •=}7O 3Q ir,,creha nci ka 9z ji'n.., - 7'7 - O 2t 3 R Have you previously had a Renton Business License?Yes 0 Noll Date business is to open/operate in Renton: C` " /d f /20 / 5 Is your business door-to-door solicitation/peddler? Yes 0 No If Yes,please stop and complete a Peddler Permit Form 11 Describe Type of Business In Detail: Are you a non-profit entity?Yes ❑ No a ?-t-ooka-A- dc/1.4.n -- (0t1.1 c'r /l o kos__w/t If Yes,please provide a copy of IRS 501(c)award letterSe-Mi , IF YOUR BUSINESS IS BASED OUT OF CITY (gGtr� u,) Cd , /h,S L-' e e ,, «, If t e Address of where first job is to be performed: / r e- lustrar. Fran t fah — et.4 tt.,- gpm.-- I e. I BUSINESS LICENSE FEES AND REPORTING REQUIREMENTS [-h ©5 g C cf t" REPORTING: Businesses will be sent an annual renewal notice. Businesses are required to report yearly gross revenue and all hours worked(this includes hours for owners,family,employees,whether a wage is paid or not).for the previous full four(4) quarters prior to the expiration date. Hours worked in excess of 1,200 hours will pay.0352 per hour, in addition to the initial Annual Registration Fee of$110.00 paid at the time of this application. Businesses with over $1.5M in revenue per year will pay a Business and Occupation tax instead of a license fee based on hours I worked.Depending on the annual gross revenue,a business may be required to report quarterly or annually. However,every business is required to report all gross revenue and hours worked yearly,whether you receive a renewal from the city or not. i I hereby swear or affirm that the statements and information furnished by me on this application are,to my knowledge, accurate,true and complete. I acknowledge these statements and information are public records that may be available for public inspection pursuant to RCW 42-56, the Public Records Act, and that any inaccurate, false,or incomplete statement may be a crime under the RCW and/or RMC, punishable under RCW 9.92 and/or RMC 1-3-1 f SIGNATURE: 4 / DATE: Q h?0/ (.6 PRINT NAME: cif D/ii K "j. Annual Registration Fee Due Now: $110.00 Return Completed Application with City of Renton License Division Phone: 425-430-6851 payment to: 1055 South Grady Way Fax: 425-430-6983 Renton,WA 98057 Email: licensing@rentonwa.gov FOR OFFICE USE ONLY 1 i i 13 0 Amount Paid Date I Payment Type NAICS Business License# f 5vsmess Licer;se Aup 03/Z015 IF YOUR BUSINESS IS AN OUT OF CITY BUSINESS COMPLETE FIRST PAGE ONLY COMMERCIAL BUSINESS LICENSE APPLICATION (THIS PAGE—IN CITY ONLY) City of Renton, Wash no on WILL THE APPEARANCE OF YOUR BUSINESS CHANGE BY ANY OF THE FOLLOWING xterior display Yes 50 No ❑ if YES,explain: C i Exterior building alterations Yes 1 Nod if YES, explain: Additional: parking Yes v No . if YES, explain: Exterior storage Yes :_i No u� if YES, explain: :ntar.or remodel to ation Yes No 3 if YES, exc!ain. — — f known, what was the previous business at your location. — --- is your business be the same type as thepreyio_s business a t this iodation?_ . Yes i ti o . 1r f NO, please explain the new type of your business: 7 inte s is ,rim'✓✓;in\..{ lour business have signs? Yes ` No 7 YES, how many.sign type and size:Will your business be a mobile food vendor? Yes ElNo g • Will your business be a temporary sales!ocat,on? Yes _ No LA Will your bus;^ JS"a. _J ormore shopping carts available�db!c for custome Yes � No.STRUCTURAL INFORMATION Square footage b u t:ass: test C I' ------- ------ ---- --- — occupancy!cad of business. indicate MAXIMUM number of persons on the business premises:is the premises o.,t_cted by a fire alarm? Yes E No 2. if YES dame Fire Alarm Monitciripg CoMC,Elfety: -- Does your business have a burglar alarm system? Yes X No if YES. Name of Alarm Monitoring Company: is the system printected by a spunkier system? Yes 7 No ' fik your business use flammable and/or combustible liquids,compressed gases or other hazardous matehe Yes ...) No f if YES. proi,i.ide the following information (cttLich mid:_. p e s d 1) Chemical Names(5): L2) Amount: P, loose of it's use: BUSINESS REQUIREMENTS NOTE: Restaurant and Food Handlers are required tosubmitof their _r ar+ �. "� copy ..tea.. Department e Certificate withtheir r.., 2-� Business License Application. PAC 246-217) t: NOTE: Portable fire extinguishes mustbe r d 1 10B minimumExact o provided, cr, v�L :Z number and placement details can .,,. obtained from Renton Fire&Emergency Services, Community Risk Reduction. '; nual service required, NOTE: Annual inspectionsw ill be conducted by the City's Fire Department Community Risk Reduction per adopted City Ordi . .eJ. NOTE: Prior to commencing your business, you may be required to meet with Fire and/or the Building Department and the Water Utility to determine whether your business meet a iappllCa I City codes for the+.y,ue of business proposed. NOTE: Permits may be required from Fire and/or the BuildingDepartment and the Water r t nor o remodeling. par .. 2 Utility your proposed use, operation or L,censit os/aots YOUR BUSINESS ?5 AN OUT OF CITY BUSINESS COMPLETE FIRST PAGE ONLY Business License --~ rCity of € ,t} A t_d,r4_,Li r ta,) r I -A- _._ t•vs i 1055 South Grady Way Renton, WA 98057 (425)430-6851 Fax(425)430-6983 License #: BL.038904 Expiration Date: 04/30/2017 Issued Date: 06/06/2016 Kazi Group LLC dba Kazi's Hookah Lounge 12233 SE 259th PI Kent, WA 98030 Detach License and Post at business location listed below. BUSINESS LICENSE c;ty�f In City r rM y_ r . tt. NON-TRANSFERABLE ,,., -..�, , : ` — „� { License #: BL.038904 Expiration Date: 04/30/2017 KAZI'S HOOKAH LOUNGE NAICS Code: 813410 111 Airport Way Renton, WA 98057-5337 - ,&,,,,,,„:„ 2„i A i-- c>A 2 r-- . ----- { Mayor Administrative S es Administrator Licensee has applied for a City of Renton business license in accordance with Renton Municipal Code(the Code),Title V Business, Chapter 5 Business License.The Licensee agrees to comply with all requirements of the Code, as well as State laws and regulations applicable to the business activity licensed. Post this License at the place of business. 1055 S Grady Ways-Renton WA 98057 (425)430-6851 Fax 425 430-6983 licensin f 9/24/2018 IMG 0228.PNG Q Safari .d1 1:22 AM 1 * 14% t < Search Rain City Cigar... U • • • Fe Arthur A. 0 DDDDD = - - What a shame the state fell in to the pockets of big pharma. Places like this are a rare find as it is. Staff was amazing and they had a huge selection. Definitely worth visiting and picking up a few sticks while passing through. (4 USefL d 0 Fun!iy 0 Cool 0 Zi Barbara S. COM OD000 It's always nice coming in here and smelling the aroma of sweet tobacco! Came in today to grab a couple of cigars for the hubby. Ver el ful and friendly staff. They have large selection that will it any budget. If you like cigars, this is the place! Pa... CIDOCID It's always nice coming in here and smelling the aroma of sweet tobacco! Came in today to grab a couple of cigars for the hubby. Very helpful a... ,46 Serrc{. 9/24/2018 IMG 0231.PNG Q Safari .I 1. 1:35 AM 1 * 12% Search Future Vapor U • • • iw PR n PR n Future Vape has revive• my aith in customer service, and now has exclusive rights to all my vaping needs. Zach aka "the professor," I walked-in knowing absolutely nothing about vaping, only that they were pocket fog machines, and walked out with Masters in Vapeology. This place is worth the 30 minute trip to Capitol Hill, it's like going to a friends house, but better. 4 Useful 0 e Funny 0 0 Cool 0 r Andrew P. 4 i 0 - This place is great._DJ, Cameron, Brandon, and Huckl b. rry are super cool. We've been hanging out ere almost every day for the last couple of weeks and enjoying the laid back atmosphere and how super cool everyone here is. Great selection of juice, mods, and other hardware. Very good prices and a lot of the juices are locally sourced so you are supporting a great local business shopping here. CD Useful 0 e Funny 1 Cool 0 ( • , \ . search ., . . httpsJ/mail.gooale.can/mail/u/0/#lsearch/lclark%,40rmtmwa mv7nrniwtnr-1 1ti MEMBERSHIP AGREEMENT: KAZI'S HOOKAH LOUNGE State of Washington requires laws and regulation: It is a law Washington State law all smoking hookah lounge to be a private club and members only lounge. 1. Must be legal age of 18&Must bring ID with proof of Date of Birthday 2. Must check in at front desk to make sure your membership is active. 3. New membership requires 24 hours processing for approval.You might not get chance to renew your membership if we are full for that term/quarter. 4. Must corporate with all rules of the club including keep cleanliness,having positive attitude,respectful to everyone. 5. Outside of parking lot must have a quiet environment, clean and no alcohol or marijuana of any kinds are allow. 6. Outside hangout in car or outside in parking lot is not allow at anytime 7. Smoking can cause cancer and serious health problem. 8. By signing this you agree to all the rules, laws and regulation of this club and State of Washington. NAME: Phone Number: Previews membership: Renewal or New membership: New active date to expire date: Referral by: NAME: Phone Number: Previews membership: Renewal or New membership: New active date to expire date: Referral by: U1 924/2018 IMG_0195.Jpg 'v. iA aeHf 3 4 I 7 1 s E 4� i ;-- It Q[ 1 m i c FO . 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Y t • F a) W co V Y 00 C? yr_--\ ,,, https://mail.0000le.com/mail/u/0/#search/Iclark°/40rentm 'hri wa rrwvartrv-1 9/25/2018 32430423_1649147128465800_2218682497686831104_n.jpg SUTURUEIJ N. , , s r -t 0 .... ,...... , SEATTLE HOOKAH LOUNGE FL_J.LLu } A BAND ,, f 4,i-.0: . . 1 30 Pal 2 ,1 g.-- \ .4.- hffnc•//moil nnnnlu rnm/moilh Jxl l$i nhnv9nrninr4nr-1 1/4 Cynthia Moya From: Cynthia Moya Sent: Wednesday, October 17, 2018 11:41 AM To: Leslie Clark; Shane Moloney;Jan Hawn; Donna Locher; Linda Weldon Cc: Jason Seth Subject: Kazi's Decision Attachments: Decision - license denial -- Kazi.pdf We just received this decision so I will be mailing this out today to Ms. Kazi. Thank you, Cindy Moya, City Clerk Specialist City of Renton -Administrative Services/City Clerk Division cmoya@rentonwa.gov 425-430-6513 yjrjri BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON DECISION FILE NUMBER: BL041328 BUSINESS ADDRESS: Kazi's Hookah Lounge 111 Airport Way Renton, WA 98057 BUSINESS OWNER: Shadika Kazi TYPE OF CASE: Appeal of Decision to Deny Business License Renewal DISPOSITION Denial of license renewal affirmed, business must close on or before November 9, 2018. SUMMARY Shadika Kazi has appealed a May 15, 2018 decision issued by the City of Renton ("City") that denies her business license renewal application for her business, Kazi's Hookah Lounge. Ms. Kazi's business patrons buy shisha from her and then use hookahs to smoke the product in her business establishment. The basis of the denial is that the business is operating in violation of the state's indoor smoking ban, Chapter 70.160 RCW'. Chapter 70.160 prohibits smoking in businesses that are either open to the public or serve as places of employment. Ms. Kazi asserts that she is in compliance with these restrictions because her business is a private club as opposed to a business open to the public and also that her business has no employees. Ms. Kazi's appeal is denied because her business is found to be open to the public -- primarily because the business is for profit and does not have the member selectivity associated with a private club. Her business is open to anyone who walks to the door so long as the person is willing to fill out a membership form on the first visit and wait 24 hours for approval. Everyone who is over 18 years of age (minimum smoking age allowed by state law) is automatically approved. Ms. Kazi also limits her total membership to 2,500 patrons. Beyond these nominal obstacles to patronage,there is nothing significant to distinguish Ms. Kazi's business from any other retail business that sells products in a lounge-like atmosphere, such as a bar or coffee shop. Under applicable case law and Seattle and King County Public Health ("Public Health") guidelines, the absence of membership selectivity and the commercial nature of Ms. Kazi's business qualify it as a "open to the public" under the smoking restrictions imposed by Chapter 70.160 RCW. I City documentation also identifies that the license renewal was denied due to misrepresentations in the business license application. Since that basis was debatable,was not actively pursued by the City during the hearing and is not necessary for affirm denial of the renewal,the basis is not addressed in this decision. Business License Renewal Appeal - 1 Operating as a business open to the public is basis enough to uphold the license renewal. As previously noted,the renewal denial is affirmed on that basis. The City's second basis for denying renewal, that it qualifies as a place of employment, is not found sufficient on its own to justify non-renewal. The evidence only establishes the presence of one employee who worked within the lounge, specifically a security guard. Ms. Kazi claims she has instructed her security guard to remain outdoors,which would serve to abate the Chapter 70.160 RCW violation. However,Public Health inspectors have found the security guard in the lounge area on more than one occasion despite prior warnings against this practice. Ms. Kazi asserts she has abated this violation by requiring the security guard to remain outdoors. In order to close a business (which is the result of denying renewal), the City's business license regulations require a finding that a statutory violation such as that of Chapter 70.160 RCW has not been abated. Given Ms. Kazi's extensive efforts to bring her business into compliance with detailed Public Health regulations that implement Chapter 70.160 restrictions, it appears more likely than not that she would follow through on her promise to keep the guard outside if that were the only obstacle to renewing her license. Indeed, if she failed to follow through on that assurance, her license would likely be subject to swift and determinative revocation. HEARING A hearing on the subject appeal was held on September 25, 2018 at the Renton City Hall Council Chambers, 1055 South Grady Way, Renton, WA 98057. The record was left open through October 2, 2018 for the submission and review of a video tape recording offered into evidence by Ms. Kazi. TESTIMONY [This summary of oral testimony should not be considered a part of this Decision. It is solely provided for the convenience of the reader as an overview of testimony. Nothing in this summary should be construed as a Finding of Fact or Conclusion of Law or signifying any priority or importance to the comments of any individual. No representations are made as to accuracy. For an accurate rendition of the testimony, the reader is referred to the recording of the hearing.] City Witnesses: Shadika Kazi Ms. Kazi stated the name and location of her business and explained a name change and LLC designation that occurred in 2017. She is the owner from its opening in 2015. She took on a partner in April of 2017. Ms. Kazi confirmed that she authored several documents among the City's exhibits. Ms. Kazi explained that her business is for-profit with 1864 members as of July 2018. In response to the City's question regarding membership limitation to her lounge, she stated that based on her understanding, membership limit was set by Public Health to keep the lounge private and to prevent a crazy atmosphere. There has previously been a lot of violence surrounding other hookah lounges and the limit could help prevent additional violence. She referenced some of Seattle's Business License Renewal Appeal-2 history of violent behavior surrounding hookah lounges as reasoning for the public health department's member limit for her business. This history led to a settlement between the health department and the hookah lounges which requires a membership limit and keeping certain records to remain in business. Ms. Kazi discussed her membership application form. To comply with Public Health rules, she had to rewrite the application form to include the rules of the lounge along with hazards of smoking. She believes that she created the form around November 2017. She stated that she presented the form to a Public Health official around February 2017 but doesn't have an exact date. She explained that the two individuals referenced in Exhibit 5 are friends who now own a hookah lounge in Kent. She is in business with them but is not on their license. Ms. Kazi described the purpose/atmosphere of a Hookah lounge as a cultural activity dating back to the Mughal Empire. and explained how a hookah works and the light, fruity flavored tobacco used. She mentioned the use of coconut charcoal for heating the hookah and how it's more natural. Regarding the Notice of Violation from June 25,2017,Ms. Kazi stated that she did not understand the violation. She confirmed that she did not appeal the violation. Linda Weldon Ms. Weldon is a business license coordinator in the Finance Department for the City of Renton. She explained her role in the department and stated that she was responsible for the handling of Kazi's Hookah Lounge business license application. She explained the process for acquiring a business license. When the Kazi business application was submitted, a license was approved and issued. She noted that when a business submits a renewal application for their business license they may be denied upon review by code compliance or the fire departments. This is what subsequently happened to the Kazi license renewal. Regarding the Yelp and Facebook Review pages related to Kazi's, Ms. Weldon noted reviews referencing staff and security for Kazi's. The pages also indicate different hours than stated on the Kazi business license. She questioned the lounge's use of a belly dancer and whether the dancer was licensed, contracted or employed. Reviews noting "great customer service" and "welcoming staff' indicate several employees in the lounge. Donna Locher Ms. Locher is a Code Compliance Inspector for City of Renton. She checks new business licenses that come into the city for zoning, location and occupancy. Based on the information given she will approve/deny the business license or ask for additional information. She was responsible for the initial business license denial of the hookah lounge. She based her decision on the fact that a hookah lounge offers indoor smoking and that there was a lack of information about the operation of the business. To her knowledge the business is still operating. Scott Neal Mr.Neal manages the Tobacco Prevention Program for Public Health and has had experience with the Kazi's business. He confirmed that he received a letter requesting further investigation of Business License Renewal Appeal -3 indoor smoking issues at Kazi's from the City of Renton. Kazi's received a notice of violation and then a second notice of violation with a fine for the violation. The notice identifies the state law and health codes violated, and the dates and places of violation. It also details the appeal process for the violation. To his knowledge the notice was not appealed.Public Health sent a letter to the Renton City Attorney providing a case history of Kazi's which summarizes each inspection of the business. The public health department works to uphold the smoking laws of Washington State and of the local code used by Public Health that has been adapted from state laws. This includes the authority to enforce the smoking ban in places of public employment or public places. He is responsible for reviewing and approving any notices or notice & orders that go out. This process was applied to Kazi's.Based on his recollection and the letter,each time Kazi's was visited by Public Health it was found to be in violation of law of the indoor smoking ban regarding employees and public places. Mr. Neal identified a letter and documents that public health sent to all hookah lounge operators which clarifies the smoking laws and details guidelines for facilities to officially become private smoking facilities. It identifies who is determined to be an employee, which includes contractors. It identifies the means to determine if a business is a private facility. A business is required to provide the public health department information, including their application process and a record of their membership list amongst other things. Public Health applies these guidelines uniformly to all indoor smoking facilities. Kazi's did not meet the required guidelines for place of employment and public place. Mr. Neal stated that from his experience none of the currently operating hookah lounges have been able to operate as private smoking facilities and it would be very difficult for any of them to meet the guidelines and state laws in place. There would need to be another inspection, but in his opinion at this time Kazi's has not shown itself to be up to the required guidelines. In response to questions from Ms. Kazi, Mr. Neal noted that Washington State smoking laws are some of the strictest in the nation and they prohibit smoking in any public place or any place with employees. He is not an attorney and uses the law as it has been tested. Ms. Kazi's focus on a portion of the law dealing with smoking in a private enclosed workplace does not appear to him to be applicable to her place of business. If she applied this to her business the rest of her location would not be open to smoking. He argues the part of the law she should be focusing on is the definition of a what a place of employment is and public place regarding private facilities. One reason that her business has been determined to be a public place is due to her lack of providing information about membership based on the guidelines. Fel Pajimula Mr. Pajimula is a health program assistant for Seattle King County Public Health. He is an inspector for smoking in public places and places of employment. He was responsible for the inspections of Kazi's Hookah Lounge in Renton. He addressed the summation of his inspections of Kazi's business in Renton. His first visit to Kazi's,on January 4,2017 was an educational visit to explain how the department applies smoking laws. At this time, he gave her a checklist of the guidelines that would be used to determine compliance. The second visit on April 23, 2017 was an inspection using the guidelines. He Business License Renewal Appeal -4 determined that Kazi's did not meet the guidelines for a private smoking facility for several reasons, including his having had unrestricted access to the entrance of the building which marked it as public space,an accurate membership list was not available,and a security guard was working inside the building. His report noted a notice of violation issued April 20, 2017 to Kazi's for unrestricted access and the security guard working inside the building based on the February inspection. He noted similar guideline violations at a following inspection June 25,2017 including what appeared to be other people working in the business and a lack of required information of membership. At this time, he was made aware of Ms. Kazi's business partners. A notice of violation and order was issued based on the June 25,2017 inspection. Kazi's was inspected again in October of 2017 with similar guideline violations found, including Ms. Kazi's sister and her business partner working in the establishment and a lack of accurate information of membership. He advised them at this visit that they were in violation under the public place and employment guidelines. On April 5,2018 he made the last inspection and noted that he did not receive accurate membership documentation, as well as other repeated violations of public place and employment guidelines. Mr. Pajimula provided a summary of the guidelines that he found to be violated during his inspections. He noted that the current membership list provided by Ms. Kazi (A-14) checks of many of the requirements found in the membership portion of the guidelines; however, this type of full current list was not provided to him during his inspections. A business that wants to be a private smoking facility must meet all three criteria in the guidelines. Based on the inspection reports,Kazi's was in violation of both the public place element and the employment element. He noted that Kazi's received four notices of violation for four inspections, and one notice & order. The notice & order was not appealed. In response to questions from Ms. Kazi, he recalled looking at documents with her during the first inspection, but he did not see an accurate membership list based on his notes. He recalled her telling him that one month was not long enough for her to fix the violations. He noted that any suggestions that he gave her that would prevent violation were not in an advisory role, as that is not the role of the health department. He confirmed that Ms.Kazi sent him a member list via email in October 2017 which didn't provide last names or further information, which would not meet guidelines for proof of applications and approvals. Ms. Kazi asked for confirmation of a list of what the inspector wants to see regarding the member list and he confirmed that those were some of the things required for the guidelines,which includes the application,member list and total number of members. Mr. Pajimula confirmed those are some of the things they want to see per guidelines. He does not recall her showing him a membership list on her phone during the April inspection, but he noted that if she remembers it, then it is possible. He noted that they are looking into the issue of the charcoal used for hookah at Kazi's. Appellant Witnesses: Shadika Kazi Regarding the licensing process, Ms. Kazi noted that after her initial licensing in 2015 there was an issue with the City and she had to go through a difficult process to regain her license. The City informed her that she had received her license by mistake. She was told that the City of Seattle Business License Renewal Appeal -5 had shut down all its hookah operations and Renton had decided to follow Seattle. This was unfair and caused her difficulty. She regained her license and then had a new problem with renewal in 2016. She stated that there had been another hookah lounge in Renton that was causing problems. The City told her that she could no longer use tobacco. Shisha is traditionally made with tobacco like hers - you can't just smoke something else. She sees it as a cultural attack. She went ahead in the next year,2017 to get new license and she changed everything,became an LLC,and got her tobacco license. She confirmed that her license had been renewed in 2015. Regarding advertising and reviews, she noted that she is not advertising tobacco,only her business. They don't do sampling and they don't advertise brands. Her business is calm with quiet music. Regarding reviews referencing employees in the lounge, she has friends who are always there who make their own hookah. She makes hookah for those who don't make their own. Those friends don't work there but sometimes they will help others out. She takes security seriously. Her security knows who can and can't be in the lounge. She keeps in touch with the city and will call 911 for any type of disturbance, which is not often. She stated that state laws aren't strict with hookah lounges, but the city is because of crime. She doesn't have many problems with crime. Nothing major has happened to make it a dangerous business. Regarding the statement that her sister was working at the lounge, her sister comes sometimes to smoke hookah and sometimes helps Ms. Kazi to serve customers. Appellant Closing Argument Ms. Kazi stated that she is doing as much as she can to comply and she will improve however she can. Everyone makes mistakes sometimes. She emphasized the importance of hookah to her culture and community. In response to examiner questions, Ms. Kazi stated that the security person is the only person paid and he has been the only paid person since 2015. Her partner, Victor, gets a percentage of revenues. He cannot be fired. The only persons running the lounge are herself,the security guard and her partner. Maid and repair service are on contract. Her business does not serve any food, just beverages. If you're over 18 you can become a member. People pay $15-20 per hookah packet. People are at the lounge from 4 pm to 9 pm working or socializing. If someone comes to the door and they don't have a membership,they're required to fill out the application and wait 24 hours. If they have a referral from another lounge they can go in right away. City Closing Argument Regarding the code basis,the city is referring to the findings of Public Health that this business is in violation of state and local law, and health regulations. The RMC code basis is 5-5-3(G)(7), which provides that the City may order a business closed if the business violates any laws referenced in the section. RMC 5-5-5(G)(5)(a)(v) provides that a license may be revoked if the business violates federal, state or municipal law or violates any health regulations. The City is basing its denial in large part on the findings of Public Health that the lounge is in violation of local law and health regulations. Although there has been a lot of testimony of how the City's enforcement action discriminates against different cultures, the City's case is 100% based upon the smoking prohibition adopted by Washington voters and Public Health's regulations and guidelines. The indoor smoking ban was initiated by the people of Washington under Initiative Business License Renewal Appeal -6 901. The initiative prohibits smoking in places of employment or public places. There is little case law on the validity of this law, which was codified as Chapter 70.160 RCW. There has been a constitutional challenge in American Legion Post v. Dept. of Health, 164 Wn.2d 570(2008). The initiative was challenged on due process, equal protection and void for vagueness claims and was upheld in all respects. The Court found that smoking is not a fundamental right. RCW 70.160.050 provides that owners shall prohibit smoking in public places and places of employment. Public Health Chapter 19.03 regulates the smoking initiative at the local level and mirrors the language of the initiative. The Appeal should be denied for three primary reasons: • There is smoking involved. RCW 70.160.020 and BOH regulations define smoking as including the carrying or use of lighted smoking equipment, which clearly includes hookah equipment. • The business qualifies as a public place based on the RCW 70.160.020 definition of public place and the Public Health regulations and guidelines defining public place. The issue of whether a purportedly"private club"can qualify as a public place was addressed in a gender discrimination case, specifically Tenino Aerie No. 564 v. Grand Aerie, 148 Wn.2d 224 (2002). The Court leaned heavily upon a US Supreme Court decision to list the factors that distinguish a public from private place. These factors include size, purpose,policies, selectivity, public services offered, practices, and other factors. The Court found that emphasis should be placed upon whether the establishment is of a commercial enterprise as opposed to nonprofit and whether membership policies are so unselective and unrestrictive that the organization can fairly be said to offer its services to the public. The public health guidelines, Ex. COR 11, are consistent with the Washington Supreme Court criteria in distinguishing between public and private organizations. The hookah business fails to meet the selectivity criterion. There are no criterion for joining based on the purpose or service of the business or any other criteria. There is no evaluation for meeting membership criteria. People just have to wait to join. Public Health made several findings in 2017-18 of unrestricted access, absence of membership documentation identifying members so there was no way to check if people were members when they came in the door. • The business has been determined to be a place of employment. There may be a question as to whether friends or business partners helping can be considered employees. However, during Public Health inspections, the security guard was found inside several times without remedying steps being taken by the owner, determining the business as a place of employment. Kazi's is a place where smoking occurs, is a public place, and is a place of employment. Due to violation of state, local law and health code violation, the city has issued a warrant to close the business. The examiner noted that the RMC provides that a business must close down if it has failed to abate violations, suggesting that the City must prove that the violations are currently on-going as opposed to relics from the past. Specifically, Ms. Kazi has asserted that she has barred the security guard from going in the building due to the King County findings that he was found there in the past. Should the security guard issue be considered a current violation given the efforts of Ms. Kazi? Ms. Clark responded that in the case of Glomey [?], an environmental case somewhere Business License Renewal Appeal -7 around 505 US, if a violation is recurrent without any evidence of remedial action,that action can be construed as on-going. In this case, Ms. Kazi did tell the security guard in front of a Public Health inspector not to go inside, but the security was repeatedly found inside after this order was issued by Ms. Kazi. In response to additional questions, Ms. Clark noted that the Public Health guidelines have not been adopted as regulations by King County but rather have been adopted by Public Health staff. The guidelines help Public Health staff interpret and apply the 19.03 regulations and for that reason deference should be given to them. The Examiner authorized Ms. Kazi to submit the videos to Ms. Clark by October 1, 2018 and Ms. Clark to present any objections to the video by October 2, 2018. EXHIBITS City Exhibits: City of Renton Exhibits 1-12 as identified in the City's July 17, 2018 Witness and Exhibit List and its August 17, 2018 supplemental exhibit list. Appellant Exhibits: A-1 Kazi letter requesting business license application (undated) A-2 Undated Kazi letter to Iwen Wang re Response to Wang questions A-3 June 15, 2016 letter from Kazi to Locher A-4 Undated letter from Kazi to Administrative Services Administrator re "Appealing for obtaining a renewal license for Hookah lounge." A-5 May 18, 2018 letter from Kazi to Administrative Services Administrator and Hearing Examiner A-6 10/31/17 Email to KC Public Health submitting member list;DOR on-line business license record for Kazi's Hookah Lounge. A-7 Photo of"Venus and Mars Lounge" sign A-8 1/31/18 Renton License Renewal Notice for Kazi's Hookah Lounge A-9 Five Stars Member Data A-10 Five Stars Member List A-11 4/20/18 Kazi Hookah Lounge business license application A-12 Kazi Hookah Lounge Business License; BL038904 A-13 Yelp reviews A-14 Membership Agreement A-15 DOR record showing Victor Cousarez as a governing person A-17 Advertisement for Seattle Hookah lounge A-18 Video of Hookah Lounge patron FINDINGS OF FACT 1. Business Subject to Renewal Denial. Kazi's Hookah Lounge is the name of the business subject to this appeal. The business is located at 111 Airport Way, Renton, WA 98057. The Business License Renewal Appeal-8 business is run by two partners, Shadika Kazi and Victor Cousarez. As testified by Ms. Kazi, the business is a for-profit enterprise. The profit is made by selling hookah products that are smoked by patrons using hookahs in the business establishment. Patrons work or socialize while smoking. The business sometimes also offers entertainment such as belly dancing. 2. Procedural History. Ms. Kazi was issued a business license for the subject business on June 6, 2016. She acquired approval of her first annual renewal application on December 28, 2017. She submitted her second annual renewal application on April 11, 2018. That request was denied by letter dated April 19, 2018. Ex. COR 4. Ms. Kazi filed an appeal of the denial to the Administrator of the City of Renton Administrative Services Department on May 10, 2018. Ex. COR 5. That appeal was denied by the Administrator by letter dated May 15, 2018. Ex. COR 7. Ms. Kazi filed an appeal/request for reconsideration of that decision to the Administrator and Hearing Examiner by letter dated May 18,2018. Ex. COR 8. That appeal/reconsideration request is the subject of this appeal. 3. Basis of Denial. The April 19, 2018 denial letter, COR-4, identified the basis of denial as Ms. Kazi failing to prohibit smoking in her business in violation of Chapter 70.160 RCW and Chapter 19.03 of the Code of the King County Board of Health ("CKCBH"). 4. Public Health Involvement. Public Health has warned Ms. Kazi several times that her business violates Chapter 70.160 RCW and Public Health code violations. Public Health conducted five site visits between January 4,2017 and April 5,2018. See Ex. COR-3. The reports from these site visits identified unrestricted access, employees working in the building and lack of membership records. Ms. Kazi was advised of Chapter 70.160 RCW and related Public Health guideline violations during these visits. As a result of these visits, Public Health issued three Notices of Violation and one Notice of Violation and Order. Unlike the three Notices of Violation, the Notice of Violation and Order imposes a civil penalty and is appealable. The Notice of Violation and Order, issued June 30, 2017, specifically alleged violation of CKCBH 19.03.050, which mirrors Chapter 70.160 RCW requirements that require business owners to prohibit smoking in public places and places of employment. The Notice of Violation and Order had an appeal deadline of ten days. Ms. Kazi did not appeal the Order. 5. Smoking in Business. It is uncontested and determined in this decision that Ms. Kazi authorizes and doesn't prohibit smoking in her business, specifically the use of lighted smoking equipment(hookahs). 6. Membership Selection Process. Ms.Kazi limits her business to a total of 2,500"members" as required by Public Health guidelines. On July 17, 2018, her business had 1,864 members. See Ex.A-9. There are no criteria for membership. When a person first wants to access the club,they are required to sign an agreement that lists business rules and requires the applicant's name and phone number. Applicants must wait for 24 hours and are then approved membership without any evaluation of criteria or qualifications. Applicants referred from other club don't have to wait the 24 hours. 7. Business Advertisement. There is no sign advertising the business. However, a sign depicting the former business that occupied the site, Kazi's Grill, is still located at the business site. Ms. Kazi has a Facebook page that advertises her business and provides updates on events Business License Renewal Appeal -9 held at the business. See Ex. COR-1. Beyond Facebook, there is no evidence of any other advertising except that Ms. Kazi generally acknowledged during the hearing that she advertises her business. 8. Employees in workplace. The preponderance of evidence only establishes that one employee has worked within Ms. Kazi's business. There is conflicting evidence on the number of employees working in Ms. Kazi's business establishment. Public Health staff visited the property five times prior to the appeal hearing. On some of those visits Public Health staff identified a security guard working in the business building as well as people who were helping to serve patrons. Ex. COR-3. Yelp reviews also gave positive reviews to the "staff' of Ms. Kazi's business. Ex. COR-1. Ms. Kazi testified that the only paid person working for her business since 2015 is the security guard and that she has told the guard to stay outside. However, Public Health staff still found the guard sometimes working inside after Public Health staff had warned Ms. Kazi that no employees would work in her business. Ex. COR-3. Ms. Kazi further testified that other persons perceived as employees are actually friends and family who help her operate the business without pay. She also noted that her partner, Victor Cousarez,also sometimes helps her operate the business. Mr. Cousarez is paid via revenue sharing with Ms. Kazi. Overall,Ms.Kazi proved to be a credible and compelling witness at the appeal hearing. It appears unlikely that she would directly fabricate the fact that she has no paid employees except the security guard. It is concerning that she has had her security guard continue to work in her building when warned against that action by Public Health, but if that's the only remaining smoking violation it would be nonsensical for her to continue that practice into the future. Overalh, it is uncontested and determined as a finding of fact that Ms. Kazi has had her security guard employee work in her building. It cannot be concluded by the preponderance of evidence that any other employee has worked in the building. It also cannot be concluded that it is likely that Ms. Kazi will continue to allow the security guard to work in the building in the future. 2 The April 19,2018 denial letter also found it incriminating that Ms.Kazi had reported in a renewal application that her business logged 4,850 hours as"worked"in a nine month period. Such a large amount of time could be attributable to the collective efforts of Ms. Kazi,her partner and the security guard. Ms.Kazi may have also included volunteer time in that total. In any event, the City did not question Ms. Kazi about this fact at the hearing so nothing of consequence can be concluded from this information. Business License Renewal Appeal - 10 CONCLUSIONS OF LAW 1. Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review appeals of denials of business license renewals pursuant to RMC 5-5-3(G)(7). 2. Basis for Denying Renewal. RMC 5-5-3(G)(7) authorizes the City to order the closing of a business for violating any section of RMC 5-5-5(G)(5). The City's denial of business license renewal is based upon RMC 5-5-5(G)(5)(a)(v), which authorizes denial if the business "IV]iolates or allows employees, visitors, or patrons to violate federal, state, or municipal law." The City seeks to close Ms. Kazi's business on the basis that it violates state and municipal law, specifically the state prohibition on public smoking,Chapter 70.160 RCW,and its Public Health implementing regulations3, Chapter 19.03. Pertinent provisions of each regulatory chapter are quoted in italics below and applied through corresponding conclusions of law. RCW 70.160.020(1) and CKCBH 19.03.040(H) (both provisions identical): "Smoke" or "smoking"means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. 3. Smoking Authorized at Appellant's Business. Ms. Kazi authorizes and does not prohibit smoking at her business establishment. As determined in Finding of Fact No. 5, Ms. Kazi authorizes the use of lighted smoking equipment to smoke Shisha. This activity meets the RCW 70.160.020(1) and CKCBH 19.03.040(H) definition for"smoking.4" RCW 70.160.020(2) and CKCBH 19.03.040(G)(both provisions identical): "Public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty- ftve feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. A public place does not include a private residence unless the private residence is used to provide licensed child care,foster care, adult care, or other similar social service care on the premises. Public places include, but are not limited to: Schools, elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent hallways,public restrooms, libraries, restaurants, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, casinos, reception areas, and no less than seventy-five percent of the sleeping quarters within a hotel or motel that are rented to guests.A public place does not include a private residence. This chapter is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public. CKCBH 19.03.040(E): "Open to the public"means explicitly or implicitly authorizing or inviting entry or use by the public. Factors relevant to the determination of whether a portion of a building other than a private residence is "open to the public"include, but are not limited to: Business License Renewal Appeal- 11 3 Public Health regulations apply within the City of Renton. RCW 70.05.030 provides that the jurisdiction of local boards of health is coextensive with the boundaries of the county that it serves. Public Health has adopted its own code of regulations as authorized by RCW 70.05.060(3). Chapter 19.03 is Public Health's regulations that implements the requirements of Chapter 70.160 RCW. a The"smoking"definition doesn't expressly limit the smoked product to tobacco products. RCW 70.160.011 states that the purpose of Chapter 70.160 is to protect persons from the adverse impacts of second hand smoke,including cancer and other serious health problems. Given the lack of specificity as to what constitutes"smoking,"it would arguably be reasonable to limit the term to the smoking of products that is harmful to human health. Although it was somewhat difficult to understand her comments,Ms.Kazi appeared to testify that her patrons smoke Shisha and that Shisha is unavoidably a tobacco product.At the same time Ms.Kazi asserted in an email to Ms.Locher in Ex. A-3 that she would be using a"tobacco free hydro herbal Shisha." It's unknown whether the second hand smoke of this hydro herbal Shisha would be harmful to human health. However,whatever product was smoked in Ms. Kazi's business,it is clear that Public Health found the resulting smoke to be harmful to human health from the investigation notes in Ex.COR 3. Given the absence of any evidence to the contrary,it is determined as a Finding of Fact that the products smoked in Ms.Kazi's business,at least in combination with charcoal or whatever other substances are used in the hookah smoking process,created second hand smoke harmful to human health. Business License Renewal Appeal - 12 1. Whether the owner, lessee or person in charge of a portion of a building permits or invites entry to the portion of the building by individuals other than employees who perform work or persons who meet selective, restrictive and limited criteria for entry; 2. Whether the owner, lessee or person in charge of a portion of a building directs, authorizes or otherwise engages in advertising or promotion to the public to encourage occupancy or use of the portion of the building; 3. Whether the portion of the building, or any area adjacent thereto, features signage indicating that the portion of the building is open; or 4. Whether the owner, lessee or person in charge of a portion of a building also owns, operates or leases a retail business for the sale of tobacco products that is open to the public in an area adjacent to the portion of the building and the portion of the building is open to the customers of the retail business. 4. Appellant's Business is a Public Place. Ms. Kazi's business qualifies as a "public place" under the RCW 70.160.020(2) and CKCBH 19.03.040(G) definitions. Despite the length of the "public place" definition quoted above, whether Ms. Kazi's business qualifies a public place rests entirely on whether it is "open to the public." Public Health regulations, specifically CKCBH 19.03.040(E)quoted above,provide some further clarity on the meaning of "public health." The linchpin of CKCBH 19.03.040(E), in turn, is whether Ms. Kazi's business has "selective, restrictive and limited criteria for entry." As outlined in Finding of Fact No. 6,Ms.Kazi's business has virtually no criteria for entry, except that a membership application must be completed 24 hours in advance of first entry. Without the requisite selectivity, Ms. Kazi's business is construed as "open to the public"under CKCBH 19.03.040(E) and hence qualifies as a"public place"under CKCBH 19.03.040(G). As shall be discussed, even without the Public Health definition of"open to the public," case law presented by the City during the appeal hearing conclusively establishes that Ms. Kazi's business qualifies as a"public place" for purposes of RCW 70.160.020(2). CKCBH 19.03.040(E) doesn't place any order of priority in the factors to be considered for assessing whether a business is open to the public. The lack of selectivity identified in the first factor, CKCBH 19.03.040(E)(1), is chosen as the most significant factor because it most directly distinguishes a typical retail establishment from a private club. This lack of selectivity strongly supports the conclusion that Ms. Kazi is operating a public place. The second through fourth factors, CKCBH 19.03.040(E)(2)-(4), support the opposite conclusion, that Ms. Kazi's business does not operate as a public place. Specifically, Ms. Kazi's business only involves minimal advertising, doesn't have an outdoor sign and doesn't involve any separate retail sales of tobacco products. The second through fourth factors are not found significantly compelling. Several of the businesses listed as examples of "public places" in RCW 70.160.020(2) and CKCBH 19.03.040(G)also operate with minimal advertising. The absence of a sign for Ms.Kazi's business is definitely distinctive from typical business establishments, but this one factor alone isn't exceptionally significant given that Ms. Kazi's use of Facebook and word of mouth has clearly been sufficient to make her business known to a fairly large group of patrons. Business License Renewal Appeal- 13 air The selectivity factor of CKCBH 19.03.040(E)(1) is clearly the one factor amongst the four that most distinguishes a private enterprise from the types of businesses identified as examples in RCW 70.160.020(2) and CKCBH 19.03.040(G). All of the businesses and government buildings in the examples are freely open to the public, or at least portions of the buildings are open to the public (e.g.buildings such as hospitals and sports arenas have portions closed from general public access.) Since Ms. Kazi's business imposes no restrictions on access except for an application automatically approved after 24 hours, it can't be considered selective. Ms. Kazi's position on this issue is further exacerbated by the Public Health visits to her property, where Public Health officials found no impediment to physical access apparently on every one of their visits. In addition to the factors expressly identified in CKCBH 19.03.040(E) as qualifying the business open to the public, another important factor is that Ms. Kazi's business is a for-profit enterprise. The commercial nature of a business has been ruled as significant in evaluating whether it is a public as opposed to private enterprise. See Tenino Aerie No. 564 v. Grand Aerie, 148 Wn.2d 224 (2002). Although for-profit status is not a factor expressly listed in CKCBH 19.03.040(E), CKCBH 19.03.040(E) states that the listed factors are not exclusive. The Aerie case is highly instructive as to what qualifies as a public place because there is no case law that construes the meaning of"public place"for Chapter 70.160 RCW. The Aerie case assesses the meaning of public place for a similar context, a gender discrimination case in which Chapter 49.60, the Washington Law against Discrimination, prohibits gender discrimination in "public accommodations." At issue in the Aerie case was whether the Fraternal Order of Eagles violated Chapter 49.60 by barring women from joining its organization. The Eagles argued that they were exempt from Chapter 49.60 RCW by virtue of RCW 49.60.040(10), which exempted"any institute, bona fide club, or place of accommodation, which is by its nature distinctly private, including fraternal organizations." Although the Aerie case deals with the term "public accommodations" as opposed to the "public place" language of this appeal, the "public accommodation"verses"distinctly private"contrast in the Aerie case involves the same principles applicable to this case, i.e.the distinguishing features between public and private enterprises. What's exceptionally compelling about the Aerie case is that the Supreme Court in that case found the Eagles Club to qualify as public accommodation even though it's selectivity and mission is decidedly more private than that of Ms. Kazi's business. As described by the Court: Business License Renewal Appeal - 14 The Eagles traditionally restricted membership to males over 21 years of age who believe in a Supreme Being, have never been a member of the Communist party or advocated the overthrow of the government, and are of good moral character. An applicant for membership must be sponsored by two members; be interviewed by a committee which recommends the applicant's approval or rejection; and be approved by a majority vote. Within these broad confines, local Aeries are free to establish their own procedures for selecting new members. Regular male-only meetings and gatherings are held at designated times and in accordance with the by-laws for purposes of new member initiations and the conduct of social activities. At these meetings, ceremonies and prayers are performed in strict accordance with secret rituals. According to an Aerie officer, the secret rituals include " mainly references to manly virtue and brotherhood as well as prayers and references to God, [which]are significant and meaningful to members of the Order. "... 148 Wn.2d at 229-230 (citations omitted). The Aerie court provided a detailed distinction between private and public enterprises as follows: Our case law has not identified what constitutes a "distinctly private" club. We have looked to federal cases to determine what makes a club "private"for purposes of enforcing state anti-discrimination laws. Courts have found guidance from the United States Supreme Court in Roberts which announced a list of factors to be used as a framework for inquiry. That list includes a query into an organization's (1) size, (2) purpose, (3)policies, (4) selectivity, (5)public services offered, (6)practices (whether women and nonmembers participate in activities and how the admission of women would affect the members' rights of association), and (7) other characteristics pertinent to a particular case. Emphasis should be placed on whether the organization is a business or a commercial enterprise and whether its membership policies are so unselective and unrestricted that the organization can fairly be said to offer its services to the public. 148 Wn.2d at 252 (citation omitted; emphasis added). Despite the detailed and restrictive membership selection process employed by the Eagles and despite the fact that the Eagles are non-profit,the Court of Appeals agreed with the trial court that the Eagles didn't qualify as distinctively private. The Court found it significant that the Eagles placed a high priority on recruitment and provided numerous incentives to its members to find new recruits. Other factors of relevance to the trial court determination was the large membership size of the Eagles (over one million members "nationally or internationally") and whether public participation(i.e.the admission of women)would adversely affect the purpose of the organization. 148 Wn.2d at 233-235. Business License Renewal Appeal- 15 The Aerie decision is arguably distinguishable in that the Washington Law against Discrimination requires liberal construction of its provisions to carry out its purposes. RCW 49.60.020. This requirement was often referenced in the Court's analysis of the private/public issue and there is no express requirement for liberal construction in Chapter 70.160 RCW. Further, even though the adverse health impacts of public smoking may compel a liberal interpretation of Chapter 70.160 RCW, the cultural significance of hookah lounge activity may temper against that tendency. Regardless,the liberal construction employed by the Aerie court may tip the balance a little further towards public characterization of an enterprise, but there is no reason to conclude that this liberal emphasis would affect the type or relative importance of factors considered in distinguishing between private and public enterprises. As recognized by the Court in the bolded language above, the commercial nature of an enterprise and its selectivity are two of the most important factors to consider in assessing whether an organization is private verses public. The Aerie holding supports the priority placed by this decision on selectivity in the CKCBH 19.03.040(E)(1)-(4) factors and also justifies the consideration of the for profit status of Ms. Kazi's business as militating towards a finding that it is "open to the public." In short, it is concluded that factors expressed in the Aerie decision qualify Ms. Kazi's business as "open to the public"for purposes of RCW 70.160.020(2)and that the Aerie decision also reinforces that same finding for application of CKCBH 19.03.040(E). Since Ms. Kazi's business qualifies as"open to the public,"it meets the definition of"public place"as codified by RCW 70.160.020(2) and CKCBH 19.03.040(G). RCW 70.160.050: Owners, or in the case of a leased or rented space the lessee or other person in charge, of a place regulated under this chapter shall prohibit smoking in public places and places of employment and shall post signs prohibiting smoking as appropriate under this chapter. Signs shall be posted conspicuously at each building entrance. In the case of retail stores and retail service establishments, signs shall be posted conspicuously at each entrance and in prominent locations throughout the place. 5. Appellant's Business in Violation of RCW 70.160.050. Ms. Kazi is operating her business in violation of RCW 70.160.050 because she doesn't prohibit smoking. As concluded in Conclusion of Law No. 4, Ms. Kazi's business qualifies as a "public place." As concluded in Conclusion of Law No.3,Ms.Kazi authorizes smoking at her business. RCW 70.160.050 requires business owners to prohibit smoking in their businesses if they qualify as public places. RMC 5-5-3(G)(7): ....If the Administrator finds that the business has not corrected the violations, the Administrator shall enter an order affirming the order to close the business.... 6. Appellant's Business Not Subject to Closure Because of Security Guard. As determined in Finding of Fact No. 8,the evidence only establishes that one employee has worked in Ms.Kazi's building, Ms. Kazi's security guard. The presence of an employee in the building would qualify Ms. Kazi's business as a place of employment for purposes of RCW 70.160.050 under the "place of employment" definition of RCW 70.160.020(3) and CKCBH 19.03.040(F). However, as further determined in Finding of Fact No. 8,there is no reasonable basis to conclude that Ms. Kazi would continue to allow the security guard to work within her building if that was the only obstacle to renewing her business license. Consequently, it cannot be concluded that she has not cured this particular violation by committing as she has to keeping the guard outside despite failing to abide Business License Renewal Appeal- 16 by similar assurances once or twice in the past. For that reason,the security guard cannot serve as grounds on its own to close the business per RMC 5-5-3(G)(7)as quoted above 7. Examiner has no jurisdiction to consider equal protection claims. Ms.Kazi has repeatedly shared her concern that hookah is important to her culture and community. Chapter 70.160 RCW and CKCBH 19.03 don't identify cultural use as a relevant factor in assessing compliance. To the extent that Ms. Kazi is basing her defense on equal protection constitutional grounds as opposed to statutory grounds, the examiner has no jurisdiction to rule upon constitutional claims. See Exendine v. City of Sammamish 127 Wn. App. 574, 586-87 (2005)(hearing examiners do not have the authority to enforce, interpret or rule on constitutional challenges). DECISION The City's May 15, 2018 decision to require closure of Kazi's Hookah Lounge is affirmed. The business must close on or before November 9, 2018. Decision issued October 17, 2018. Phi A,Olbrechts Hearing Examiner NOTICE OF RIGHT TO APPEAL Appeal to Superior Court. An appeal of the decision of the Hearing Examiner must be filed with Superior Court. Business License Renewal Appeal - 17 Denis Law Mayor City Clerk-Jason A.Seth,CMC October 17, 2018 Shadika Kazi Kazi's Hookah Lounge, LLC. 12233 SE 259th Place Kent, WA 98030 Re: HEARING EXAMINER DECISION Kazi's Hookah Lounge, LLC. Dear Ms. Kazi: I have attached the Hearing Examiner's Decision dated October 17, 2018, in the above referenced matter. If you have any questions or concerns, please feel free to contact me. Sincerely, cvW Jason A. Seth City Clerk cc: Hearing Examiner Jan Hawn,ASD Administrator Linda Weldon, Finance Donna Locher, CED Shane Moloney, City Attorney Leslie Clark,Senior Assistant City Attorney 1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON DECISION FILE NUMBER: BL041328 BUSINESS ADDRESS: Kazi's Hookah Lounge 111 Airport Way Renton, WA 98057 BUSINESS OWNER: Shadika Kazi TYPE OF CASE: Appeal of Decision to Deny Business License Renewal DISPOSITION Denial of license renewal affirmed, business must close on or before November 9, 2018. SUMMARY Shadika Kazi has appealed a May 15, 2018 decision issued by the City of Renton ("City") that denies her business license renewal application for her business, Kazi's Hookah Lounge. Ms. Kazi's business patrons buy shisha from her and then use hookahs to smoke the product in her business establishment. The basis of the denial is that the business is operating in violation of the state's indoor smoking ban, Chapter 70.160 RCW1. Chapter 70.160 prohibits smoking in businesses that are either open to the public or serve as places of employment. Ms. Kazi asserts that she is in compliance with these restrictions because her business is a private club as opposed to a business open to the public and also that her business has no employees. Ms. Kazi's appeal is denied because her business is found to be open to the public -- primarily because the business is for profit and does not have the member selectivity associated with a private club. Her business is open to anyone who walks to the door so long as the person is willing to fill out a membership form on the first visit and wait 24 hours for approval. Everyone who is over 18 years of age (minimum smoking age allowed by state law) is automatically approved. Ms. Kazi also limits her total membership to 2,500 patrons. Beyond these nominal obstacles to patronage,there is nothing significant to distinguish Ms. Kazi's business from any other retail business that sells products in a lounge-like atmosphere, such as a bar or coffee shop. Under applicable case law and Seattle and King County Public Health ("Public Health") guidelines, the absence of membership selectivity and the commercial nature of Ms. Kazi's business qualify it as a "open to the public" under the smoking restrictions imposed by Chapter 70.160 RCW. ' City documentation also identifies that the license renewal was denied due to misrepresentations in the business license application. Since that basis was debatable,was not actively pursued by the City during the hearing and is not necessary for affirm denial of the renewal,the basis is not addressed in this decision. Business License Renewal Appeal - 1 Operating as a business open to the public is basis enough to uphold the license renewal. As previously noted,the renewal denial is affirmed on that basis. The City's second basis for denying renewal, that it qualifies as a place of employment, is not found sufficient on its own to justify non-renewal. The evidence only establishes the presence of one employee who worked within the lounge, specifically a security guard. Ms. Kazi claims she has instructed her security guard to remain outdoors,which would serve to abate the Chapter 70.160 RCW violation. However,Public Health inspectors have found the security guard in the lounge area on more than one occasion despite prior warnings against this practice. Ms. Kazi asserts she has abated this violation by requiring the security guard to remain outdoors. In order to close a business (which is the result of denying renewal), the City's business license regulations require a finding that a statutory violation such as that of Chapter 70.160 RCW has not been abated. Given Ms. Kazi's extensive efforts to bring her business into compliance with detailed Public Health regulations that implement Chapter 70.160 restrictions, it appears more likely than not that she would follow through on her promise to keep the guard outside if that were the only obstacle to renewing her license. Indeed, if she failed to follow through on that assurance, her license would likely be subject to swift and determinative revocation. HEARING A hearing on the subject appeal was held on September 25,2018 at the Renton City Hall Council Chambers, 1055 South Grady Way, Renton, WA 98057. The record was left open through October 2, 2018 for the submission and review of a video tape recording offered into evidence by Ms. Kazi. TESTIMONY [This summary of oral testimony should not be considered a part of this Decision. It is solely provided for the convenience of the reader as an overview of testimony. Nothing in this summary should be construed as a Finding of Fact or Conclusion of Law or signifying any priority or importance to the comments of any individual. No representations are made as to accuracy. For an accurate rendition of the testimony, the reader is referred to the recording of the hearing.] City Witnesses: Shadika Kazi Ms. Kazi stated the name and location of her business and explained a name change and LLC designation that occurred in 2017. She is the owner from its opening in 2015. She took on a partner in April of 2017. Ms. Kazi confirmed that she authored several documents among the City's exhibits. Ms. Kazi explained that her business is for-profit with 1864 members as of July 2018. In response to the City's question regarding membership limitation to her lounge, she stated that based on her understanding, membership limit was set by Public Health to keep the lounge private and to prevent a crazy atmosphere.There has previously been a lot of violence surrounding other hookah lounges and the limit could help prevent additional violence. She referenced some of Seattle's Business License Renewal Appeal-2 history of violent behavior surrounding hookah lounges as reasoning for the public health department's member limit for her business. This history led to a settlement between the health department and the hookah lounges which requires a membership limit and keeping certain records to remain in business. Ms. Kazi discussed her membership application form. To comply with Public Health rules, she had to rewrite the application form to include the rules of the lounge along with hazards of smoking. She believes that she created the form around November 2017. She stated that she presented the form to a Public Health official around February 2017 but doesn't have an exact date. She explained that the two individuals referenced in Exhibit 5 are friends who now own a hookah lounge in Kent. She is in business with them but is not on their license. Ms. Kazi described the purpose/atmosphere of a Hookah lounge as a cultural activity dating back to the Mughal Empire. and explained how a hookah works and the light, fruity flavored tobacco used. She mentioned the use of coconut charcoal for heating the hookah and how it's more natural. Regarding the Notice of Violation from June 25,2017, Ms. Kazi stated that she did not understand the violation. She confirmed that she did not appeal the violation. Linda Weldon Ms. Weldon is a business license coordinator in the Finance Department for the City of Renton. She explained her role in the department and stated that she was responsible for the handling of Kazi's Hookah Lounge business license application. She explained the process for acquiring a business license. When the Kazi business application was submitted, a license was approved and issued. She noted that when a business submits a renewal application for their business license they may be denied upon review by code compliance or the fire departments. This is what subsequently happened to the Kazi license renewal. Regarding the Yelp and Facebook Review pages related to Kazi's, Ms. Weldon noted reviews referencing staff and security for Kazi's. The pages also indicate different hours than stated on the Kazi business license. She questioned the lounge's use of a belly dancer and whether the dancer was licensed, contracted or employed. Reviews noting "great customer service" and "welcoming staff' indicate several employees in the lounge. Donna Locher Ms. Locher is a Code Compliance Inspector for City of Renton. She checks new business licenses that come into the city for zoning, location and occupancy. Based on the information given she will approve/deny the business license or ask for additional information. She was responsible for the initial business license denial of the hookah lounge. She based her decision on the fact that a hookah lounge offers indoor smoking and that there was a lack of information about the operation of the business. To her knowledge the business is still operating. Scott Neal Mr.Neal manages the Tobacco Prevention Program for Public Health and has had experience with the Kazi's business. He confirmed that he received a letter requesting further investigation of Business License Renewal Appeal -3 indoor smoking issues at Kazi's from the City of Renton. Kazi's received a notice of violation and then a second notice of violation with a fine for the violation. The notice identifies the state law and health codes violated, and the dates and places of violation. It also details the appeal process for the violation. To his knowledge the notice was not appealed.Public Health sent a letter to the Renton City Attorney providing a case history of Kazi's which summarizes each inspection of the business. The public health department works to uphold the smoking laws of Washington State and of the local code used by Public Health that has been adapted from state laws. This includes the authority to enforce the smoking ban in places of public employment or public places. He is responsible for reviewing and approving any notices or notice & orders that go out. This process was applied to Kazi's.Based on his recollection and the letter,each time Kazi's was visited by Public Health it was found to be in violation of law of the indoor smoking ban regarding employees and public places. Mr. Neal identified a letter and documents that public health sent to all hookah lounge operators which clarifies the smoking laws and details guidelines for facilities to officially become private smoking facilities. It identifies who is determined to be an employee,which includes contractors. It identifies the means to determine if a business is a private facility. A business is required to provide the public health department information, including their application process and a record of their membership list amongst other things. Public Health applies these guidelines uniformly to all indoor smoking facilities. Kazi's did not meet the required guidelines for place of employment and public place. Mr. Neal stated that from his experience none of the currently operating hookah lounges have been able to operate as private smoking facilities and it would be very difficult for any of them to meet the guidelines and state laws in place. There would need to be another inspection, but in his opinion at this time Kazi's has not shown itself to be up to the required guidelines. In response to questions from Ms. Kazi, Mr. Neal noted that Washington State smoking laws are some of the strictest in the nation and they prohibit smoking in any public place or any place with employees. He is not an attorney and uses the law as it has been tested. Ms. Kazi's focus on a portion of the law dealing with smoking in a private enclosed workplace does not appear to him to be applicable to her place of business. If she applied this to her business the rest of her location would not be open to smoking. He argues the part of the law she should be focusing on is the definition of a what a place of employment is and public place regarding private facilities. One reason that her business has been determined to be a public place is due to her lack of providing information about membership based on the guidelines. Fel Pajimula Mr. Pajimula is a health program assistant for Seattle King County Public Health. He is an inspector for smoking in public places and places of employment. He was responsible for the inspections of Kazi's Hookah Lounge in Renton. He addressed the summation of his inspections of Kazi's business in Renton. His first visit to Kazi's,on January 4,2017 was an educational visit to explain how the department applies smoking laws. At this time, he gave her a checklist of the guidelines that would be used to determine compliance. The second visit on April 23, 2017 was an inspection using the guidelines. He Business License Renewal Appeal-4 determined that Kazi's did not meet the guidelines for a private smoking facility for several reasons, including his having had unrestricted access to the entrance of the building which marked it as public space,an accurate membership list was not available,and a security guard was working inside the building. His report noted a notice of violation issued April 20, 2017 to Kazi's for unrestricted access and the security guard working inside the building based on the February inspection. He noted similar guideline violations at a following inspection June 25,2017 including what appeared to be other people working in the business and a lack of required information of membership. At this time, he was made aware of Ms. Kazi's business partners. A notice of violation and order was issued based on the June 25,2017 inspection. Kazi's was inspected again in October of 2017 with similar guideline violations found, including Ms. Kazi's sister and her business partner working in the establishment and a lack of accurate information of membership. He advised them at this visit that they were in violation under the public place and employment guidelines. On April 5,2018 he made the last inspection and noted that he did not receive accurate membership documentation, as well as other repeated violations of public place and employment guidelines. Mr. Pajimula provided a summary of the guidelines that he found to be violated during his inspections. He noted that the current membership list provided by Ms. Kazi (A-14) checks of many of the requirements found in the membership portion of the guidelines; however, this type of full current list was not provided to him during his inspections. A business that wants to be a private smoking facility must meet all three criteria in the guidelines. Based on the inspection reports, Kazi's was in violation of both the public place element and the employment element. He noted that Kazi's received four notices of violation for four inspections, and one notice & order. The notice & order was not appealed. In response to questions from Ms. Kazi, he recalled looking at documents with her during the first inspection, but he did not see an accurate membership list based on his notes. He recalled her telling him that one month was not long enough for her to fix the violations. He noted that any suggestions that he gave her that would prevent violation were not in an advisory role, as that is not the role of the health department. He confirmed that Ms. Kazi sent him a member list via email in October 2017 which didn't provide last names or further information, which would not meet guidelines for proof of applications and approvals. Ms. Kazi asked for confirmation of a list of what the inspector wants to see regarding the member list and he confirmed that those were some of the things required for the guidelines,which includes the application,member list and total number of members. Mr. Pajimula confirmed those are some of the things they want to see per guidelines. He does not recall her showing him a membership list on her phone during the April inspection, but he noted that if she remembers it, then it is possible. He noted that they are looking into the issue of the charcoal used for hookah at Kazi's. Appellant Witnesses: Shadika Kazi Regarding the licensing process, Ms. Kazi noted that after her initial licensing in 2015 there was an issue with the City and she had to go through a difficult process to regain her license. The City informed her that she had received her license by mistake. She was told that the City of Seattle Business License Renewal Appeal -5 had shut down all its hookah operations and Renton had decided to follow Seattle. This was unfair and caused her difficulty. She regained her license and then had a new problem with renewal in 2016. She stated that there had been another hookah lounge in Renton that was causing problems. The City told her that she could no longer use tobacco. Shisha is traditionally made with tobacco like hers - you can't just smoke something else. She sees it as a cultural attack. She went ahead in the next year, 2017 to get new license and she changed everything, became an LLC,and got her tobacco license. She confirmed that her license had been renewed in 2015. Regarding advertising and reviews, she noted that she is not advertising tobacco,only her business. They don't do sampling and they don't advertise brands. Her business is calm with quiet music. Regarding reviews referencing employees in the lounge,she has friends who are always there who make their own hookah. She makes hookah for those who don't make their own. Those friends don't work there but sometimes they will help others out. She takes security seriously. Her security knows who can and can't be in the lounge. She keeps in touch with the city and will call 911 for any type of disturbance, which is not often. She stated that state laws aren't strict with hookah lounges, but the city is because of crime. She doesn't have many problems with crime. Nothing major has happened to,make it a dangerous business. Regarding the statement that her sister was working at the lounge, her sister comes sometimes to smoke hookah and sometimes helps Ms. Kazi to serve customers. Appellant Closing Argument Ms.Kazi stated that she is doing as much as she can to comply and she will improve however she can. Everyone makes mistakes sometimes. She emphasized the importance of hookah to her culture and community. In response to examiner questions, Ms.Kazi stated that the security person is the only person paid and he has been the only paid person since 2015. Her partner, Victor, gets a percentage of revenues. He cannot be fired. The only persons running the lounge are herself,the security guard and her partner. Maid and repair service are on contract. Her business does not serve any food, just beverages. If you're over 18 you can become a member. People pay $15-20 per hookah packet. People are at the lounge from 4 pm to 9 pm working or socializing. If someone comes to the door and they don't have a membership,they're required to fill out the application and wait 24 hours. If they have a referral from another lounge they can go in right away. City Closing Argument Regarding the code basis,the city is referring to the findings of Public Health that this business is in violation of state and local law, and health regulations. The RMC code basis is 5-5-3(G)(7), which provides that the City may order a business closed if the business violates any laws referenced in the section. RMC 5-5-5(G)(5)(a)(v) provides that a license may be revoked if the business violates federal, state or municipal law or violates any health regulations. The City is basing its denial in large part on the findings of Public Health that the lounge is in violation of local law and health regulations. Although there has been a lot of testimony of how the City's enforcement action discriminates against different cultures, the City's case is 100% based upon the smoking prohibition adopted by Washington voters and Public Health's regulations and guidelines. The indoor smoking ban was initiated by the people of Washington under Initiative Business License Renewal Appeal -6 901. The initiative prohibits smoking in places of employment or public places. There is little case law on the validity of this law,which was codified as Chapter 70.160 RCW. There has been a constitutional challenge in American Legion Post v. Dept. of Health, 164 Wn.2d 570(2008). The initiative was challenged on due process, equal protection and void for vagueness claims and was upheld in all respects. The Court found that smoking is not a fundamental right. RCW 70.160.050 provides that owners shall prohibit smoking in public places and places of employment. Public Health Chapter 19.03 regulates the smoking initiative at the local level and mirrors the language of the initiative. The Appeal should be denied for three primary reasons: • There is smoking involved. RCW 70.160.020 and BOH regulations define smoking as including the carrying or use of lighted smoking equipment, which clearly includes hookah equipment. • The business qualifies as a public place based on the RCW 70.160.020 definition of public place and the Public Health regulations and guidelines defining public place. The issue of whether a purportedly"private club"can qualify as a public place was addressed in a gender discrimination case, specifically Tenino Aerie No. 564 v. Grand Aerie, 148 Wn.2d 224 (2002). The Court leaned heavily upon a US Supreme Court decision to list the factors that distinguish a public from private place. These factors include size, purpose, policies, selectivity, public services offered, practices, and other factors. The Court found that emphasis should be placed upon whether the establishment is of a commercial enterprise as opposed to nonprofit and whether membership policies are so unselective and unrestrictive that the organization can fairly be said to offer its services to the public. The public health guidelines, Ex. COR 11, are consistent with the Washington Supreme Court criteria in distinguishing between public and private organizations. The hookah business fails to meet the selectivity criterion. There are no criterion for joining based on the purpose or service of the business or any other criteria. There is no evaluation for meeting membership criteria. People just have to wait to join. Public Health made several findings in 2017-18 of unrestricted access, absence of membership documentation identifying members so there was no way to check if people were members when they came in the door. • The business has been determined to be a place of employment. There may be a question as to whether friends or business partners helping can be considered employees. However, during Public Health inspections, the security guard was found inside several times without remedying steps being taken by the owner, determining the business as a place of employment. Kazi's is a place where smoking occurs, is a public place, and is a place of employment. Due to violation of state, local law and health code violation, the city has issued a warrant to close the business. The examiner noted that the RMC provides that a business must close down if it has failed to abate violations, suggesting that the City must prove that the violations are currently on-going as opposed to relics from the past. Specifically, Ms. Kazi has asserted that she has barred the security guard from going in the building due to the King County findings that he was found there in the past. Should the security guard issue be considered a current violation given the efforts of Ms. Kazi? Ms. Clark responded that in the case of Glomey [?], an environmental case somewhere Business License Renewal Appeal-7 ,�rrrr► around 505 US, if a violation is recurrent without any evidence of remedial action,that action can be construed as on-going. In this case, Ms. Kazi did tell the security guard in front of a Public Health inspector not to go inside,but the security was repeatedly found inside after this order was issued by Ms. Kazi. In response to additional questions, Ms. Clark noted that the Public Health guidelines have not been adopted as regulations by King County but rather have been adopted by Public Health staff. The guidelines help Public Health staff interpret and apply the 19.03 regulations and for that reason deference should be given to them. The Examiner authorized Ms. Kazi to submit the videos to Ms. Clark by October 1, 2018 and Ms. Clark to present any objections to the video by October 2, 2018. EXHIBITS City Exhibits: City of Renton Exhibits 1-12 as identified in the City's July 17, 2018 Witness and Exhibit List and its August 17, 2018 supplemental exhibit list. Appellant Exhibits: A-1 Kazi letter requesting business license application (undated) A-2 Undated Kazi letter to Iwen Wang re Response to Wang questions A-3 June 15, 2016 letter from Kazi to Locher A-4 Undated letter from Kazi to Administrative Services Administrator re "Appealing for obtaining a renewal license for Hookah lounge." A-5 May 18, 2018 letter from Kazi to Administrative Services Administrator and Hearing Examiner A-6 10/31/17 Email to KC Public Health submitting member list; DOR on-line business license record for Kazi's Hookah Lounge. A-7 Photo of"Venus and Mars Lounge" sign A-8 1/31/18 Renton License Renewal Notice for Kazi's Hookah Lounge A-9 Five Stars Member Data A-10 Five Stars Member List A-11 4/20/18 Kazi Hookah Lounge business license application A-12 Kazi Hookah Lounge Business License; BL038904 A-13 Yelp reviews A-14 Membership Agreement A-15 DOR record showing Victor Cousarez as a governing person A-17 Advertisement for Seattle Hookah lounge A-18 Video of Hookah Lounge patron FINDINGS OF FACT 1. Business Subject to Renewal Denial. Kazi's Hookah Lounge is the name of the business subject to this appeal. The business is located at 111 Airport Way, Renton, WA 98057. The Business License Renewal Appeal -8 business is run by two partners, Shadika Kazi and Victor Cousarez. As testified by Ms. Kazi, the business is a for-profit enterprise. The profit is made by selling hookah products that are smoked by patrons using hookahs in the business establishment. Patrons work or socialize while smoking. The business sometimes also offers entertainment such as belly dancing. 2. Procedural History. Ms. Kazi was issued a business license for the subject business on June 6, 2016. She acquired approval of her first annual renewal application on December 28, 2017. She submitted her second annual renewal application on April 11, 2018. That request was denied by letter dated April 19, 2018. Ex. COR 4. Ms. Kazi filed an appeal of the denial to the Administrator of the City of Renton Administrative Services Department on May 10, 2018. Ex. COR 5. That appeal was denied by the Administrator by letter dated May 15, 2018. Ex. COR 7. Ms. Kazi filed an appeal/request for reconsideration of that decision to the Administrator and Hearing Examiner by letter dated May 18, 2018. Ex. COR 8. That appeal/reconsideration request is the subject of this appeal. 3. Basis of Denial. The April 19, 2018 denial letter, COR-4, identified the basis of denial as Ms. Kazi failing to prohibit smoking in her business in violation of Chapter 70.160 RCW and Chapter 19.03 of the Code of the King County Board of Health ("CKCBH"). 4. Public Health Involvement. Public Health has warned Ms. Kazi several times that her business violates Chapter 70.160 RCW and Public Health code violations. Public Health conducted five site visits between January 4,2017 and April 5,2018. See Ex.COR-3. The reports from these site visits identified unrestricted access, employees working in the building and lack of membership records. Ms. Kazi was advised of Chapter 70.160 RCW and related Public Health guideline violations during these visits. As a result of these visits, Public Health issued three Notices of Violation and one Notice of Violation and Order. Unlike the three Notices of Violation, the Notice of Violation and Order imposes a civil penalty and is appealable. The Notice of Violation and Order, issued June 30, 2017, specifically alleged violation of CKCBH 19.03.050, which mirrors Chapter 70.160 RCW requirements that require business owners to prohibit smoking in public places and places of employment. The Notice of Violation and Order had an appeal deadline of ten days. Ms. Kazi did not appeal the Order. 5. Smoking in Business. It is uncontested and determined in this decision that Ms. Kazi authorizes and doesn't prohibit smoking in her business, specifically the use of lighted smoking equipment(hookahs). 6. Membership Selection Process. Ms. Kazi limits her business to a total of 2,500"members" as required by Public Health guidelines. On July 17, 2018, her business had 1,864 members. See Ex. A-9. There are no criteria for membership. When a person first wants to access the club,they are required to sign an agreement that lists business rules and requires the applicant's name and phone number. Applicants must wait for 24 hours and are then approved membership without any evaluation of criteria or qualifications. Applicants referred from other club don't have to wait the 24 hours. 7. Business Advertisement. There is no sign advertising the business. However, a sign depicting the former business that occupied the site, Kazi's Grill, is still located at the business site. Ms. Kazi has a Facebook page that advertises her business and provides updates on events Business License Renewal Appeal -9 held at the business. See Ex. COR-1. Beyond Facebook, there is no evidence of any other advertising except that Ms. Kazi generally acknowledged during the hearing that she advertises her business. 8. Employees in workplace. The preponderance of evidence only establishes that one employee has worked within Ms. Kazi's business. There is conflicting evidence on the number of employees working in Ms. Kazi's business establishment. Public Health staff visited the property five times prior to the appeal hearing. On some of those visits Public Health staff identified a security guard working in the business building as well as people who were helping to serve patrons. Ex. COR-3. Yelp reviews also gave positive reviews to the "staff' of Ms. Kazi's business. Ex. COR-1. Ms. Kazi testified that the only paid person working for her business since 2015 is the security guard and that she has told the guard to stay outside. However, Public Health staff still found the guard sometimes working inside after Public Health staff had warned Ms. Kazi that no employees would work in her business. Ex. COR-3. Ms. Kazi further testified that other persons perceived as employees are actually friends and family who help her operate the business without pay. She also noted that her partner, Victor Cousarez,also sometimes helps her operate the business. Mr. Cousarez is paid via revenue sharing with Ms. Kazi. Overall,Ms. Kazi proved to be a credible and compelling witness at the appeal hearing. It appears unlikely that she would directly fabricate the fact that she has no paid employees except the security guard. It is concerning that she has had her security guard continue to work in her building when warned against that action by Public Health, but if that's the only remaining smoking violation it would be nonsensical for her to continue that practice into the future. Overall2, it is uncontested and determined as a finding of fact that Ms. Kazi has had her security guard employee work in her building. It cannot be concluded by the preponderance of evidence that any other employee has worked in the building. It also cannot be concluded that it is likely that Ms. Kazi will continue to allow the security guard to work in the building in the future. z The April 19,2018 denial letter also found it incriminating that Ms.Kazi had reported in a renewal application that her business logged 4,850 hours as"worked"in a nine month period. Such a large amount of time could be attributable to the collective efforts of Ms. Kazi,her partner and the security guard. Ms. Kazi may have also included volunteer time in that total. In any event, the City did not question Ms. Kazi about this fact at the hearing so nothing of consequence can be concluded from this information. Business License Renewal Appeal- 10 CONCLUSIONS OF LAW 1. Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review appeals of denials of business license renewals pursuant to RMC 5-5-3(G)(7). 2. Basis for Denying Renewal. RMC 5-5-3(G)(7) authorizes the City to order the closing of a business for violating any section of RMC 5-5-5(G)(5). The City's denial of business license renewal is based upon RMC 5-5-5(G)(5)(a)(v),which authorizes denial if the business"[Violates or allows employees, visitors, or patrons to violate federal, state, or municipal law." The City seeks to close Ms. Kazi's business on the basis that it violates state and municipal law,specifically the state prohibition on public smoking,Chapter 70.160 RCW,and its Public Health implementing regulations3, Chapter 19.03. Pertinent provisions of each regulatory chapter are quoted in italics below and applied through corresponding conclusions of law. RCW 70.160.020(1) and CKCBH 19.03.040(H) (both provisions identical): "Smoke" or "smoking"means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. 3. Smoking Authorized at Appellant's Business. Ms. Kazi authorizes and does not prohibit smoking at her business establishment. As determined in Finding of Fact No. 5, Ms. Kazi authorizes the use of lighted smoking equipment to smoke Shisha. This activity meets the RCW 70.160.020(1) and CKCBH 19.03.040(H)definition for"smoking.4" RCW 70.160.020(2) and CKCBH 19.03.040(G)(both provisions identical): "Public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty- five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. A public place does not include a private residence unless the private residence is used to provide licensed child care,foster care, adult care, or other similar social service care on the premises. Public places include, but are not limited to: Schools, elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments,financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, casinos, reception areas, and no less than seventy-five percent of the sleeping quarters within a hotel or motel that are rented to guests.A public place does not include a private residence. This chapter is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public. CKCBH 19.03.040(E): "Open to the public"means explicitly or implicitly authorizing or inviting entry or use by the public. Factors relevant to the determination of whether a portion of a building other than a private residence is "open to the public"include, but are not limited to: Business License Renewal Appeal- 11 Public Health regulations apply within the City of Renton. RCW 70.05.030 provides that the jurisdiction of local boards of health is coextensive with the boundaries of the county that it serves. Public Health has adopted its own code of regulations as authorized by RCW 70.05.060(3). Chapter 19.03 is Public Health's regulations that implements the requirements of Chapter 70.160 RCW. 4 The"smoking"definition doesn't expressly limit the smoked product to tobacco products. RCW 70.160.011 states that the purpose of Chapter 70.160 is to protect persons from the adverse impacts of second hand smoke, including cancer and other serious health problems. Given the lack of specificity as to what constitutes"smoking,"it would arguably be reasonable to limit the term to the smoking of products that is harmful to human health. Although it was somewhat difficult to understand her comments,Ms.Kazi appeared to testify that her patrons smoke Shisha and that Shisha is unavoidably a tobacco product.At the same time Ms.Kazi asserted in an email to Ms.Locher in Ex. A-3 that she would be using a"tobacco free hydro herbal Shisha." It's unknown whether the second hand smoke of this hydro herbal Shisha would be harmful to human health. However,whatever product was smoked in Ms. Kazi's business,it is clear that Public Health found the resulting smoke to be harmful to human health from the investigation notes in Ex.COR 3. Given the absence of any evidence to the contrary,it is determined as a Finding of Fact that the products smoked in Ms.Kazi's business,at least in combination with charcoal or whatever other substances are used in the hookah smoking process,created second hand smoke harmful to human health. Business License Renewal Appeal- 12 1. Whether the owner, lessee or person in charge of a portion of a building permits or invites entry to the portion of the building by individuals other than employees who perform work or persons who meet selective, restrictive and limited criteria for entry; 2. Whether the owner, lessee or person in charge of a portion of a building directs, authorizes or otherwise engages in advertising or promotion to the public to encourage occupancy or use of the portion of the building, 3. Whether the portion of the building, or any area adjacent thereto,features signage indicating that the portion of the building is open; or 4. Whether the owner, lessee or person in charge of a portion of a building also owns, operates or leases a retail business for the sale of tobacco products that is open to the public in an area adjacent to the portion of the building and the portion of the building is open to the customers of the retail business. 4. Appellant's Business is a Public Place. Ms. Kazi's business qualifies as a "public place" under the RCW 70.160.020(2) and CKCBH 19.03.040(G) definitions. Despite the length of the "public place" definition quoted above, whether Ms. Kazi's business qualifies a public place rests entirely on whether it is "open to the public." Public Health regulations, specifically CKCBH 19.03.040(E) quoted above, provide some further clarity on the meaning of "public health." The linchpin of CKCBH 19.03.040(E), in turn, is whether Ms. Kazi's business has "selective, restrictive and limited criteria for entry." As outlined in Finding of Fact No. 6, Ms. Kazi's business has virtually no criteria for entry, except that a membership application must be completed 24 hours in advance of first entry. Without the requisite selectivity, Ms. Kazi's business is construed as "open to the public" under CKCBH 19.03.040(E) and hence qualifies as a"public place" under CKCBH 19.03.040(G). As shall be discussed, even without the Public Health definition of"open to the public," case law presented by the City during the appeal hearing conclusively establishes that Ms. Kazi's business qualifies as a"public place" for purposes of RCW 70.160.020(2). CKCBH 19.03.040(E) doesn't place any order of priority in the factors to be considered for assessing whether a business is open to the public. The lack of selectivity identified in the first factor, CKCBH 19.03.040(E)(1), is chosen as the most significant factor because it most directly distinguishes a typical retail establishment from a private club. This lack of selectivity strongly supports the conclusion that Ms. Kazi is operating a public place. The second through fourth factors, CKCBH 19.03.040(E)(2)-(4), support the opposite conclusion, that Ms. Kazi's business does not operate as a public place. Specifically, Ms. Kazi's business only involves minimal advertising, doesn't have an outdoor sign and doesn't involve any separate retail sales of tobacco products. The second through fourth factors are not found significantly compelling. Several of the businesses listed as examples of "public places" in RCW 70.160.020(2) and CKCBH 19.03.040(G)also operate with minimal advertising. The absence of a sign for Ms. Kazi's business is definitely distinctive from typical business establishments, but this one factor alone isn't exceptionally significant given that Ms. Kazi's use of Facebook and word of mouth has clearly been sufficient to make her business known to a fairly large group of patrons. Business License Renewal Appeal - 13 The selectivity factor of CKCBH 19.03.040(E)(1) is clearly the one factor amongst the four that most distinguishes a private enterprise from the types of businesses identified as examples in RCW 70.160.020(2) and CKCBH 19.03.040(G). All of the businesses and government buildings in the examples are freely open to the public, or at least portions of the buildings are open to the public (e.g.buildings such as hospitals and sports arenas have portions closed from general public access.) Since Ms. Kazi's business imposes no restrictions on access except for an application automatically approved after 24 hours, it can't be considered selective. Ms. Kazi's position on this issue is further exacerbated by the Public Health visits to her property, where Public Health officials found no impediment to physical access apparently on every one of their visits. In addition to the factors expressly identified in CKCBH 19.03.040(E) as qualifying the business open to the public, another important factor is that Ms. Kazi's business is a for-profit enterprise. The commercial nature of a business has been ruled as significant in evaluating whether it is a public as opposed to private enterprise. See Tenino Aerie No. 564 v. Grand Aerie, 148 Wn.2d 224 (2002). Although for-profit status is not a factor expressly listed in CKCBH 19.03.040(E), CKCBH 19.03.040(E) states that the listed factors are not exclusive. The Aerie case is highly instructive as to what qualifies as a public place because there is no case law that construes the meaning of"public place" for Chapter 70.160 RCW. The Aerie case assesses the meaning of public place for a similar context, a gender discrimination case in which Chapter 49.60, the Washington Law against Discrimination, prohibits gender discrimination in "public accommodations." At issue in the Aerie case was whether the Fraternal Order of Eagles violated Chapter 49.60 by barring women from joining its organization. The Eagles argued that they were exempt from Chapter 49.60 RCW by virtue of RCW 49.60.040(10), which exempted "any institute, bona fide club, or place of accommodation, which is by its nature distinctly private, including fraternal organizations." Although the Aerie case deals with the term "public accommodations" as opposed to the "public place" language of this appeal, the "public accommodation"verses"distinctly private"contrast in the Aerie case involves the same principles applicable to this case, i.e. the distinguishing features between public and private enterprises. What's exceptionally compelling about the Aerie case is that the Supreme Court in that case found the Eagles Club to qualify as public accommodation even though it's selectivity and mission is decidedly more private than that of Ms. Kazi's business. As described by the Court: Business License Renewal Appeal- 14 The Eagles traditionally restricted membership to males over 21 years of age who believe in a Supreme Being, have never been a member of the Communist party or advocated the overthrow of the government, and are of good moral character. An applicant for membership must be sponsored by two members; be interviewed by a committee which recommends the applicant's approval or rejection; and be approved by a majority vote. Within these broad confines, local Aeries are free to establish their own procedures for selecting new members. Regular male-only meetings and gatherings are held at designated times and in accordance with the by-laws for purposes of new member initiations and the conduct of social activities. At these meetings, ceremonies and prayers are performed in strict accordance with secret rituals. According to an Aerie officer, the secret rituals include " mainly references to manly virtue and brotherhood as well as prayers and references to God, [which]are significant and meaningful to members of the Order. "... 148 Wn.2d at 229-230 (citations omitted). The Aerie court provided a detailed distinction between private and public enterprises as follows: Our case law has not identified what constitutes a "distinctly private" club. We have looked to federal cases to determine what makes a club "private" for purposes of enforcing state anti-discrimination laws. Courts have found guidance from the United States Supreme Court in Roberts which announced a list of factors to be used as a framework for inquiry. That list includes a query into an organization's (1) size, (2) purpose, (3)policies, (4) selectivity, (5)public services offered, (6)practices (whether women and nonmembers participate in activities and how the admission of women would affect the members' rights of association), and (7) other characteristics pertinent to a particular case. Emphasis should be placed on whether the organization is a business or a commercial enterprise and whether its membership policies are so unselective and unrestricted that the organization can fairly be said to offer its services to the public. 148 Wn.2d at 252 (citation omitted; emphasis added). Despite the detailed and restrictive membership selection process employed by the Eagles and despite the fact that the Eagles are non-profit,the Court of Appeals agreed with the trial court that the Eagles didn't qualify as distinctively private. The Court found it significant that the Eagles placed a high priority on recruitment and provided numerous incentives to its members to find new recruits. Other factors of relevance to the trial court determination was the large membership size of the Eagles (over one million members "nationally or internationally") and whether public participation(i.e.the admission of women)would adversely affect the purpose of the organization. 148 Wn.2d at 233-235. Business License Renewal Appeal - 15 :N. The Aerie decision is arguably distinguishable in that the Washington Law against Discrimination requires liberal construction of its provisions to carry out its purposes. RCW 49.60.020. This requirement was often referenced in the Court's analysis of the private/public issue and there is no express requirement for liberal construction in Chapter 70.160 RCW. Further, even though the adverse health impacts of public smoking may compel a liberal interpretation of Chapter 70.160 RCW, the cultural significance of hookah lounge activity may temper against that tendency. Regardless,the liberal construction employed by the Aerie court may tip the balance a little further towards public characterization of an enterprise, but there is no reason to conclude that this liberal emphasis would affect the type or relative importance of factors considered in distinguishing between private and public enterprises. As recognized by the Court in the bolded language above, the commercial nature of an enterprise and its selectivity are two of the most important factors to consider in assessing whether an organization is private verses public. The Aerie holding supports the priority placed by this decision on selectivity in the CKCBH 19.03.040(E)(1)-(4) factors and also justifies the consideration of the for profit status of Ms. Kazi's business as militating towards a finding that it is "open to the public." In short, it is concluded that factors expressed in the Aerie decision qualify Ms. Kazi's business as "open to the public"for purposes of RCW 70.160.020(2)and that the Aerie decision also reinforces that same finding for application of CKCBH 19.03.040(E). Since Ms. Kazi's business qualifies as"open to the public,"it meets the definition of"public place"as codified by RCW 70.160.020(2) and CKCBH 19.03.040(G). RCW 70.160.050: Owners, or in the case of a leased or rented space the lessee or other person in charge, of a place regulated under this chapter shall prohibit smoking in public places and places of employment and shall post signs prohibiting smoking as appropriate under this chapter. Signs shall be posted conspicuously at each building entrance. In the case of retail stores and retail service establishments, signs shall be posted conspicuously at each entrance and in prominent locations throughout the place. 5. Appellant's Business in Violation of RCW 70.160.050. Ms. Kazi is operating her business in violation of RCW 70.160.050 because she doesn't prohibit smoking. As concluded in Conclusion of Law No. 4, Ms. Kazi's business qualifies as a "public place." As concluded in Conclusion of Law No.3,Ms.Kazi authorizes smoking at her business. RCW 70.160.050 requires business owners to prohibit smoking in their businesses if they qualify as public places. RMC 5-5-3(G)(7): ....If the Administrator finds that the business has not corrected the violations, the Administrator shall enter an order affirming the order to close the business.... 6. Appellant's Business Not Subject to Closure Because of Security Guard. As determined in Finding of Fact No. 8,the evidence only establishes that one employee has worked in Ms. Kazi's building, Ms. Kazi's security guard. The presence of an employee in the building would qualify Ms. Kazi's business as a place of employment for purposes of RCW 70.160.050 under the "place of employment" definition of RCW 70.160.020(3) and CKCBH 19.03.040(F). However, as further determined in Finding of Fact No. 8,there is no reasonable basis to conclude that Ms. Kazi would continue to allow the security guard to work within her building if that was the only obstacle to renewing her business license. Consequently, it cannot be concluded that she has not cured this particular violation by committing as she has to keeping the guard outside despite failing to abide Business License Renewal Appeal- 16 by similar assurances once or twice in the past. For that reason,the security guard cannot serve as grounds on its own to close the business per RMC 5-5-3(G)(7)as quoted above 7. Examiner has no jurisdiction to consider equal protection claims. Ms. Kazi has repeatedly shared her concern that hookah is important to her culture and community. Chapter 70.160 RCW and CKCBH 19.03 don't identify cultural use as a relevant factor in assessing compliance. To the extent that Ms. Kazi is basing her defense on equal protection constitutional grounds as opposed to statutory grounds, the examiner has no jurisdiction to rule upon constitutional claims. See Exendine v. City of Sammamish 127 Wn. App. 574, 586-87 (2005)(hearing examiners do not have the authority to enforce, interpret or rule on constitutional challenges). DECISION The City's May 15, 2018 decision to require closure of Kazi's Hookah Lounge is affirmed. The business must close on or before November 9, 2018. Decision issued October 17, 2018. Phi A.Olbrechts Hearing Examiner NOTICE OF RIGHT TO APPEAL Appeal to Superior Court. An appeal of the decision of the Hearing Examiner must be filed with Superior Court. Business License Renewal Appeal- 17