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The College Station City Council decided Thursday not to make an exception to the city's smoking ordinance for a hookah bar.
Hookah Station in the Northgate district had requested an exclusion from the city ordinance that was revised early this year to prohibit smoking in workplaces, bars and bar areas. Exceptions to the ordinance included specialty tobacco stores and actors or actresses participating in a theatrical performance
Attorney Davis Watson, speaking on behalf of Hookah Station, said the smoking ordinance didn't define a specialty tobacco shop. When the store came to the city, its owners were assured that they wouldn't be included in any smoking ordinance, Watson said.
"This is not a bar with people smoking on the side. People go there to smoke. That's the reason for going to the bar," he said.
The council rejected the request and asked city officials to clarify the definition of a tobacco shop to be considered at a future meeting.
Katy-Marie Lyles was the sole council member to support the exemption.
Assistant to the City Manager Hayden Migl said a bar was defined as an establishment that got 50 percent or more of its sales from alcohol. Hookah Station got 15 percent of its sales from tobacco, he said.
Council member Dennis Maloney said that if an exemption were allowed for Hookah Station, every bar in town would begin promoting hookahs, circumventing the purpose of the smoking ban.
Migl said the ordinance was originally intended to protect the health and safety of bar patrons and employees. Research does not prove that banning smoking from a bar will hurt a company financially, he said.
Also at Thursday's meeting, the City Council discussed the need for more space for city employees.
Director of Capital Projects Chuck Gilman said a larger City Hall would increase efficiency, correspond to the city's growth and allow the city to catch up with technology.
Council members advised city officials to begin the process of contracting with an architect to study the options for building additional office space, a larger council chamber and a public meeting space off Krenek Tap Road.
Gilman said the city was trying to centralize its facilities in that area.
City Manager Glenn Brown said that the 30-year-old City Hall was too small, and that officials needed to plan for the future, despite a tough economy.
"We need to keep moving forward even during times of economic downturns," he said.
Brown said officials recognize that residents voted down a 2008 bond measure that would have paid for a new City Hall. But in 2003, $4.3 million was approved for adding more space, and the money cannot be spent on other things, such as hiring police officers, fixing streets or adding parks. The amount won't cover total construction costs of a building, but it's a start, he said.
A resident spoke during the public comment portion of the meeting about a citation he received for not registering rental property with the city.
But the property in question is his home and not a rental, Hugh Lindsay said.
The fine could range from $24 to $2,000, but Lindsay said the city's code enforcement officials should not be issuing citations if they're not doing the proper research beforehand.
City officials have said the rental property registry would be used to establish a database of landlords to allow a better understanding of how many homes are rented and to provide officials with contact information for emergencies. The goal, officials said, was to preserve neighborhood integrity.
A city ordinance requires owners of all single-family and duplex rental units to register annually. The ordinance does not apply to apartment owners, and out-of-area owners are required to have a local contact person. The registration deadline was March 1.
Lindsay said he wanted an apology from the city because his driver's license, utility bill and the Brazos County Appraisal District all list the property as his primary residence.
"I would remind you that our Constitution says innocent until proven guilty, not guilty until proven innocent," he said.
