Loading...
HomeMy WebLinkAboutKazi s Hookah Lounge Hearing 06-26-20180001 1 BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON 2 3 4 FILE NUMBER: BL041328 5 IN RE: KAZI'S HOOKAH LOUNGE 6 BUSINESS OWNER: SHADIKA KAZI 7 _____________________________________________________ 8 9 10 11 12 13 14 15 16 17 HEARING 18 HELD ON 19 TUESDAY, JUNE 26, 2018 11:09 A.M. 20 21 BEFORE PHIL OLBRECHTS 22 HEARING EXAMINER 23 CITY OF RENTON - CITY HALL 24 1055 SOUTH GRADY WAY RENTON, WASHINGTON 98057 25 0002 1 APPEARANCES 2 3 APPEARING ON BEHALF OF THE CITY OF RENTON: 4 LESLIE C. CLARK, ESQUIRE 5 Renton City Attorney's Office 6 1055 S. Grady Way 7 Renton, WA 98057 8 (425) 430-6480 9 (425) 430-6498 (Fax) 10 lclark@rentonwa.gov 11 12 APPEARING ON BEHALF OF THE BUSINESS OWNER: 13 SHADIKA KAZI 14 PRO SE 15 111 Airport Way 16 Renton, WA 98057 17 (206) 518-8320 18 19 20 21 22 23 24 25 0003 1 HEARING 2 HELD ON 3 TUESDAY, JUNE 26, 2018 4 11:09 A.M. 5 BEFORE 6 PHIL OLBRECHTS 7 HEARING EXAMINER 8 9 HEARING EXAMINER: All right, so we're 10 back on the record. It is about ten after 11:00 on 11 June 26th, 2018. I'm Phil Olbrechts, hearing 12 examiner for the City of Renton. We're now dealing, 13 addressing an appeal of a business license decision, 14 a decision to deny a renewal of the Kazi's Hookah 15 Lounge, LLC. I see we have the City Attorney's 16 Office here. Ma'am, what's your name again for the 17 record? 18 MS. CLARK: Leslie Clark. 19 HEARING EXAMINER: Okay, thank you, Ms. 20 Clark. And, ma'am, are you for the Kazi's Lounge? 21 What's your name? 22 MS. KAZI: Shadika Kazi. 23 HEARING EXAMINER: Okay, all right, great. 24 All right, so the procedure we'll have 25 then is since it's an appeal the appellant will get 0004 1 to go first. Ms. Kazi will have a chance to explain 2 why you're appealing the City's decision to deny 3 your business license renewal application and if 4 you're presenting any witnesses or providing any 5 testimony, then Ms. Clark will have a chance to 6 cross examine you once you're finished making your 7 presentation. And then once you're done with your 8 presentation, then Ms. Clark will have an 9 opportunity to argue her side of the case and 10 present witnesses and all her witnesses will be 11 subject to cross examination from you. 12 And then, Ms. Kazi, you as the appellant 13 will have the final word here. Once Ms. Clark is 14 done with her presentation you can wrap it up with 15 rebuttal evidence and closing comments. So, any 16 questions about this process, how it works or what's 17 going on? 18 MS. KAZI: No. 19 HEARING EXAMINER: Okay, all right. 20 MS. CLARK: Mr. Hearing Examiner, I 21 apologize for the interruption. 22 HEARING EXAMINER: Oh, sure. Yeah. 23 MS. CLARK: But the City has requested and 24 I believe the notice that went out on June 11 set 25 today as a pre-hearing conference rather than a 0005 1 hearing on the merits. 2 HEARING EXAMINER: Oh, okay. Yeah, see 3 the only thing I got was a copy of Ms. Kazi's 4 request for reconsideration. That's it. I don't 5 have anything else. So that's, you know, I just saw 6 the other stuff in the file, unfortunately, so I'm a 7 little -- this one I was a little in the dark at. 8 So we're just having a pre-hearing 9 conference today, okay. Well, that makes it a bit 10 easier. Hopefully I didn't give anyone a heart 11 attack then with all my comments about going through 12 the full-blown hearing at this point. 13 But okay, so at a pre-hearing conference 14 we discuss what witnesses we will present and 15 whether any pre-hearing issues need to be addressed 16 by motions or that kind of thing. 17 First of all, I mean are there any 18 preliminary issues that need to be resolved prior to 19 the hearing? Ms. Clark, was there anything you 20 wanted to -- motions you wanted to file or something 21 like that? 22 MS. CLARK: No, the City's not having 23 preliminary motions. 24 HEARING EXAMINER: Okay. Ms. Kazi, 25 anything you wanted to -- and by preliminary I mean 0006 1 sometimes, you know, especially the attorneys they 2 want to deal with things that are just like a legal 3 issue that doesn't require any factual analysis, so 4 they want to address it by briefing in advance where 5 they say the examiner should rule that this statute 6 means this and then we have briefing back and forth 7 and that's decided before we go to hearing. 8 I mean were you considering anything like 9 that? It doesn't look like it. 10 MS. KAZI: I have no idea. 11 HEARING EXAMINER: No idea, okay. Yeah, 12 that's perfectly fine. We'll just do a standard 13 hearing then. 14 So, you know, one of the things we like to 15 find out then in advance is, you know, how many 16 witnesses we're going to have, who's going to be 17 testifying and what kind of evidence is going to be 18 presented. So it's probably more productive to go 19 first to you, Ms. Kazi, since the City's going to be 20 responding to whatever and then to present. 21 So when we have the hearing who would you 22 be bringing as a witness? Just yourself or? 23 MS. KAZI: Today, yes. But I can 24 definitely bring my (indiscernible). 25 HEARING EXAMINER: Oh, the hearing's not 0007 1 today. We're just planning for the hearing. We'll 2 set a date today which is going to be a date down in 3 the future. So when we do have the hearing, when we 4 schedule that date will it just be yourself that's 5 going to testify then; is that right? 6 MS. KAZI: It depends on the situation 7 which, you know, what kind of witness do you need. 8 So, you know, it depends on, you know, what kind of 9 proof -- 10 HEARING EXAMINER: Yeah. 11 MS. KAZI: -- or, you know, if it's 12 inquired to have some kind of (indiscernible) plans 13 to make those comments or a witness, then I'll 14 definitely bring witnesses and -- 15 HEARING EXAMINER: Yeah. Well, as I said, 16 I was just looking over for the first time the 17 letter from the City. They outlined why they were 18 saying that your license shouldn't be renewed, and 19 it looks like it's because apparently the City is 20 alleging that your business wasn't being operated as 21 a members-only establishment, that the public was 22 invited to attend and it was a place of employment 23 where smoking was going on. 24 Those are, I think, two of the main 25 allegations. Am I missing anything else that's 0008 1 significant or -- 2 MS. CLARK: No, that's correct. And I was 3 going to state on the record that the City is 4 limiting our issues to the issues covered in that 5 April 19th, 2018 letter. 6 HEARING EXAMINER: Okay, right. So you, 7 if you're saying, you know, the City was wrong, you 8 need to be able to present evidence that A, your 9 business was really members only, and B, and this is 10 the part like I said I just saw this for the first 11 time, but the second issue is that you have to 12 establish that you didn't have employees being 13 subjected to the secondhand smoke, you know, that 14 smoking wasn't occurring on the business premises 15 while the business was operating, so. 16 MS. KAZI: Yes, yes. 17 HEARING EXAMINER: Yeah, yeah. So based 18 on that do you know what kind of witnesses you'd be 19 bringing then, if any? 20 MS. KAZI: Yes. I have been collecting 21 members only since I opened the business. I'm aware 22 of the smoking lounge has to be a private membership 23 (indiscernible). 24 HEARING EXAMINER: Okay. So that for, you 25 know, you're not proving that today. This is just 0009 1 for when we have the hearing, do you know what 2 witnesses you'll be bringing in to testify about the 3 fact that it's just a members-only club and there's 4 no smoking going on in front of employees? 5 MS. KAZI: Yes, definitely. I have 6 databased all the (indiscernible) membership 7 listings, so in case you came as a first-time 8 visitor or first time that you'd like to become a 9 member so you can get access to the lounge only 10 eventually apply for membership. 11 HEARING EXAMINER: Oh, are you going to be 12 bringing that list then with you to the hearing? 13 MS. KAZI: Yes, definitely. 14 HEARING EXAMINER: Okay, all right. So 15 you're going to bring the list. Are there any other 16 documents you're going to bring to the hearing? 17 MS. KAZI: Yes. And then there was some 18 changes were requested for like an application form 19 from the Health Department, I think for then some 20 kind of application form should be in place. So I 21 started application form which has some, which has 22 information but not everything that the Health 23 Department like to see. For example, has the name, 24 phone number, customer name, phone number, when did 25 they became a member for this lounge and when did 0010 1 they apply for it, those kind of information. 2 HEARING EXAMINER: Okay. 3 MS. KAZI: However, they wanted to -- when 4 I talked, I want to show to the Health Department, 5 he said, "I would like to see rules and regulation 6 as well and the processing that," you know, he 7 approved it the next day or something like that. 8 So that was something that we were working 9 together to find out exactly how it is to be because 10 it was something this was never happened. It became 11 a new processing enforcement from the Health 12 Department to make it more private. 13 HEARING EXAMINER: Okay, so you're going 14 to bring a membership list and then I guess the 15 application forms -- 16 MS. KAZI: Yes. 17 HEARING EXAMINER: -- you're going to 18 bring that. Any other documents you're going to 19 bring? 20 MS. KAZI: I can have any person of the 21 lounge witness, you know. 22 HEARING EXAMINER: Yeah, that's what I was 23 asking originally. So do you plan on bringing a 24 couple members in to testify? 25 MS. KAZI: Oh yes, I can bring hundreds of 0011 1 them or -- 2 HEARING EXAMINER: All right. Well, 3 that's what we're trying to find out now, you know, 4 who you're bringing specifically. Do you have any 5 idea? I mean probably not necessarily bring 6 hundreds, but if you can bring a couple that would 7 be very helpful and could you let us know who that 8 is right now or? 9 MS. KAZI: I would definitely bring some 10 of my clients that comes every day. 11 HEARING EXAMINER: Okay. 12 MS. KAZI: And that's somebody, you know, 13 I call him my A.J. -- 14 HEARING EXAMINER: Okay. 15 MS. KAZI: -- but he's definitely works 16 for (indiscernible) -- 17 HEARING EXAMINER: Okay. 18 MS. KAZI: -- you know, areas and I have 19 (indiscernible) member from who actually became a 20 winner of (indiscernible). And I also have, I 21 believe this person's name is Osama (phonetic). He 22 also works with the City of Bellevue. 23 HEARING EXAMINER: Okay. 24 MS. KAZI: So he actually, he was supposed 25 to run for mayor but it didn't work out. 0012 1 HEARING EXAMINER: Yeah, okay. So you 2 have at least three people you're going to ask to 3 show up at the hearing and you'll probably bring two 4 or three with you, okay. 5 All right, let's see. And, Ms. Clark, how 6 about the City, what kind of evidence and witnesses 7 do you plan on bringing? 8 MS. CLARK: The City anticipates at this 9 point approximately five witnesses. 10 HEARING EXAMINER: Okay. 11 MS. CLARK: And so it would be three City 12 staff members, Linda Weldon in our Administrative 13 Services Department, possibly another representative 14 from the Administrative Services Department, Donna 15 Locher with Community Economic Development and then 16 two King County staff members, Mr. Scott Neal and 17 Mr. Fel Pajimula. 18 HEARING EXAMINER: And they're from Public 19 Health, is that -- 20 MS. CLARK: That's correct. 21 HEARING EXAMINER: All right, okay. What 22 about documents? Do you anticipate bringing any 23 documents other than the, you know, the appeal 24 documents that we -- 25 MS. CLARK: We do not. 0013 1 HEARING EXAMINER: Okay. 2 MS. CLARK: You know it is possible that 3 King County may have, they had mentioned that they 4 may have a draft policy that they would bring, but 5 that is uncertain at this point. 6 HEARING EXAMINER: Okay. So what's the 7 status of the business right now? Is it operating? 8 Is the whole business renewal denial on hold until 9 this issue is resolved or are they shut down until 10 this is resolved? 11 MS. CLARK: I don't know factually about 12 the business. I would defer to Ms. Kazi about that. 13 HEARING EXAMINER: Okay. 14 MS. KAZI: Business on a -- it's still 15 operating as of right now. 16 HEARING EXAMINER: Okay. 17 MS. KAZI: And basically I had to appeal 18 it, the decision in a certain amount of time and I 19 appealed it -- 20 HEARING EXAMINER: Right. 21 MS. KAZI: -- (indiscernible) and, you 22 know, the decision was not right and I would like to 23 see -- 24 HEARING EXAMINER: Okay. 25 MS. KAZI: -- where I can actually keep my 0014 1 business going on for the people in which they come 2 here. And they actually make their way from far 3 away. They, you know, from Bellevue, you know -- 4 HEARING EXAMINER: Okay. 5 MS. KAZI: -- after office hour they try 6 to come. And because of that it makes very hard for 7 some of the customer to not have that access to some 8 -- 9 HEARING EXAMINER: Okay. 10 MS. KAZI: So, yes -- 11 HEARING EXAMINER: So -- 12 MS. KAZI: -- it's open as of right now. 13 HEARING EXAMINER: -- it's still going. 14 And, Ms. Clark, do you have any heartburn 15 that business staying open until the appeal is 16 resolved or? 17 MS. CLARK: No. 18 HEARING EXAMINER: Okay. 19 MS. CLARK: The City's position is that 20 there is currently no valid business license. 21 However, the order to close the business is stayed 22 pending the outcome of the appeal. 23 HEARING EXAMINER: Okay. Okay, great. 24 Yeah, I was just, yeah, wanted to know how much of a 25 rush we are to get this done, because obviously if 0015 1 her business is closed and she's not making any 2 money she'd be much more inclined to have an early 3 appeal date. 4 But, so let's talk about dates then. I 5 mean maybe -- let me check my calendar. 6 Oh, thanks. That helps too, perfect. 7 All right, is July 10th to soon or would 8 that work for everybody? 9 MS. CLARK: In speaking with King County - 10 - 11 HEARING EXAMINER: Uh-huh. 12 MS. CLARK: -- they had requested that we 13 not schedule for either July 10th or the 17th. 14 HEARING EXAMINER: Oh, all right. So that 15 would be the 24th then it sounds like. That works. 16 Ms. Kazi, does the 24th work for you, July 17 24th? 18 MS. KAZI: Yes, I am in the town. Yes. 19 HEARING EXAMINER: Okay, all right. Let's 20 do it then at, why don't we do it at 1 o'clock right 21 after lunch? And in terms of exhibits, did you want 22 to have a deadline for exchanging exhibits like a 23 week in advance, would that be good for everybody? 24 MS. KAZI: Yes. 25 HEARING EXAMINER: Okay. So, Ms. Kazi, 0016 1 you mentioned you're going to have some, you know, 2 you're going to have your registration list, your 3 application forms and that kind of thing. Just make 4 sure you get a copy of all the documents you intend 5 on submitting at the hearing to Ms. Clark a week in 6 advance and she can give you her email address, you 7 know, once we're done with the hearing today or you 8 can personally deliver it to her office. You guys 9 can work that out. 10 And of course, Ms. Clark, the same goes 11 for you. Although it sounds like at least right now 12 you don't have any documents in mind, but you'll 13 know from King County by that deadline. So, yeah, 14 so July 3rd then is the deadline for exchange of 15 exhibits. 16 And if you anticipate -- and then, Ms. 17 Kazi, if you could give Ms. Clark then a list of the 18 witnesses you're going to bring to the hearing, you 19 said you're going to bring some members. You should 20 know by July 3rd what members you're going to bring. 21 If you could then supply that list to Ms. Clark a 22 week in advance that would be helpful too. 23 MS. KAZI: So when is the deadline for 24 exchanging any -- 25 HEARING EXAMINER: July 3rd. 0017 1 MS. KAZI: Is there any way we could 2 actually make it a little bit more, because today's 3 the 26th and -- 4 MS. CLARK: And the City would be fine 5 with scheduling the deadline for just one week in 6 advance of the hearing if that (indiscernible). 7 HEARING EXAMINER: Oh, I'm sorry. I was 8 thinking July 10th, still. I'll say July 17th, I'm 9 sorry. Yeah, July 17th, how's that? Okay, yeah. 10 Sorry, I was a little off there. Okay, so July 17th 11 is the deadline for exchange of witness names and 12 that's if it's any witness names in addition to the 13 ones that were disclosed today. 14 And, Ms. Kazi, you don't have specific 15 names yet, so all your witnesses would have to be 16 mentioned for the first time by July 17th to Ms. 17 Clark. Just email that to her and then as well as 18 any documents you're going to bring at the hearing, 19 and the same goes for Ms. Clark. 20 So, all right, anything else we need to 21 address right now? Okay. Well, good. I look 22 forward to the hearing on the 24th then at 1 o'clock 23 p.m. It sounds good. Thank you. 24 (WHEREUPON, the hearing concluded at 11:22 25 a.m.) 0018 1 CERTIFICATE 2 3 I, Patty English, do hereby certify that the proceeding 4 named herein was professionally transcribed on the date set 5 forth in the certificate herein; that I transcribed all 6 testimony adduced and other oral proceedings had in the 7 foregoing matter; and that the foregoing transcript pages 8 constitute a full, true, and correct record of such 9 testimony adduced and oral proceeding had and of the whole 10 thereof. 11 12 IN WITNESS HEREOF, I have hereunto set my hand this 13 22nd day of January, 2019. 14 15 16 17 /S/ Patty English 18 19 20 21 22 23 24 25