Tempe City Council decided at its Thursday meeting to revoke the sales permit of a tobacco store near Tempe High School.
The council found HB Tobacco, located at 53 E. Broadway Road, to be in violation of the city’s anti-smoking ordinance by allowing customers to smoke hookah inside the store.
Many community members spoke about the dangers of having a tobacco store near a high school. But the main point of concern to the council was whether or not owner Anis Ben Harzallah was in violation of the smoking ordinance, which does not allow people to smoke indoors at public establishments.
HB Tobacco was given a permit to sell hookah, but not to allow people to smoke hookah inside the building.
Harzallah said he was misled by city officials, who reportedly told him hookah smoking was not covered by the ordinance, when he was issued the license.
Mayor Hugh Hallman did not address the issue of the tobacco shop’s location, but instead addressed the legal side of the issue.
“I have great sorrow in my heart because you seem like a decent guy and a hard worker,” Hallman said. “But you seem to be in violation of the permit.”
The other members of the council agreed, unanimously voting to repeal HB Tobacco’s permit to sell tobacco.
While the decision hinged on whether HB Tobacco illegally allowed indoor smoking, much of the discussion at Thursday’s meeting came from community members who said the store’s location near Tempe High School poses a health risk to teens.
“This is a matter of defending public law and safety, particularly that of the kids across the street at Tempe High School,” said Date Palm neighborhood association President Steve Stewart.
Harzallah was represented by attorney George Ferrin, who said his client’s establishment posed no threat to the community or high school students.
“Mr. Stewart keeps confusing 18-year-olds for children,” he said. “The state Legislature has determined that if you’re 18 years old, you can smoke.”
Reach the reporter at derek.quizon@asu.edu.
