The Tempe Development Review Commission on Tuesday decided it will allow a local hookah bar to continue operating after voting to revoke the bar’s permit earlier this year.
In April, the commission decided Memo’s Café, at East Broadway Road and South McClintock Drive, had violated building safety codes related to an insufficient ventilation system.
The hookah bar’s owner, Ramez Rabata, presented documentation to the commission Tuesday that the ventilation problem is being fixed.
Memo’s never closed because Rabata appealed the revocation and has received several continuances since then.
“Because … people are sitting in a smoky room, the air exchange needs to be fairly extreme, much greater than the normal occupied room,” said Steve Abrahamson, the city’s planning and zoning coordinator. “The ventilation system needs to be upgraded, and they never did that. It’s a life safety issue.”
The business’ permit was originally approved in April 2008 with the understanding that it would obtain all of the permits required for building safety.
Rabata was first cited for his violations in January 2010.
He immediately appealed the revocation, and has been able to continue to operate Memo’s Café, as he was granted a grace period to go through the appeals process.
Since April, Rabata has been granted three continuances, and in that time he has sought and received the building permits necessary to complete the ventilation system and bring it to code.
“We had a problem with the landlord and with the building itself. It wasn’t the city’s fault,” Rabata said, adding the city has been very helpful throughout the process.
Customer Halah Abdel, 30, said she has never had a problem with the smokiness of the lounge.
“Some other places are much worse. I feel like I can’t even breathe,” Abdel said.
Long-time customer Jamilah Attiat, a 29-year-old former ASU student, said she would be disappointed if Memo’s had been forced to close.
“As a single woman here, I feel it’s safe for me to come by myself,” Attiat said. “A couple of other hookah lounges serve alcohol, and I don’t want to have to deal with that.”
She also said she thinks Rabata’s business was singled out by the city.
“They’re getting this store to come up to city code, but that is not being regulated at other hookah lounges,” she said.
At Tuesday’s hearing, Rabata presented a contract between himself and a builder to install the new ventilation system. Six members of the commission voted to give him until Sept. 28 to bring the store up to code, and one member voted against.
“He was not singled out. I want to make that clear,” said Abrahamson, who voted to let the business continue operating.
He added that all hookah lounges need to keep up with certain ventilation standards.
“Quite honestly, we can’t go out and police every business to make sure every business is operating within the confines of all the city’s codes,” he said. “We all have to adapt to … changes to make sure that a business which relies upon smoking and sales of tobacco and tobacco-related products is in full compliance.”
Reach the reporters at anatwood@asu.edu, and ymgonzal@asu.edu
