Hookah Bliss fights N.C. smoking ban

The first violation notice is on its way, and he’s welcoming the opportunity to challenge it.

Adam Bliss, the owner of Hookah Bliss, Chapel Hill’s only hookah bar, has been fighting for the right to stay open since the North Carolina indoor smoking ban went into effect Jan. 2. Bliss maintains that the ban does not apply to him because hookah is a vaporized — not lit — tobacco product.

The law is enforced by a mostly complaint-driven system. Anyone who wants to report indoor smoking can file an anonymous complaint, which local health departments follow up on.

Tom Konsler, Orange County’s environmental health director, said that after a complaint was filed, he went to talk to Bliss to make sure he knew the law, as is customary for first offenses.

One expectation that Konsler said must be fulfilled is posting a “no smoking” sign in the business.

When Konsler followed up on Jan. 21 he found that Bliss had posted the sign but was still allowing hookahs to be smoked.

“We observed noncompliance with the law on that day, so our next step was to issue a violation,” Konsler said, adding that the notice is being prepared.

Bliss can get three violation notices before he can be fined up to $200 a day. If he continues to break the law, Konsler said he isn’t sure how the county will respond.

Issuing fines is the extent of the county’s enforcement power. Konsler said they cannot shut the bar down, and they do not have any plans to take Bliss to court.

But Bliss has an opposite sentiment. He’ll meet with a lawyer Wednesday to plan his lawsuit.

The missed opportunity

Last December, N.C. Rep. Cullie Tarleton, D-Watauga, sought to help two of Boone’s hookah bars by crafting an exemption to the bill.

“I strongly supported the no smoking ban, but I thought it was unfair to hookah bars,” he said.

But hookah bar owners were not happy with the amendments added during committee hearings, including restrictions on serving alcohol while serving patrons less than 21. They asked Tarleton to withdraw the proposed exemption.

Tarleton supports a hookah bar exemption, but said there’s a “slim to none” chance it will happen soon.

“We missed our window of opportunity,” he said. “I don’t think a bill would be available in the short session to provide an exemption.”

Other hookah bars respond

One Asheville hookah bar found a way to comply with the law, though they still want an exemption.

The Hookah Bar manager J.C. Wright replaced the traditional shisha, which is made from shredded tobacco, with “teasha,” which is made from dried, shredded tea leaves.

“It’s just using a different medium to achieve the same effect,” he said.

Shisha has about .05 percent nicotine, he said. The buzz that shisha smokers get has more to do with the inhalation of smoke than nicotine.

Bliss said he has no intention of exploring the teasha option.

“That stuff tastes terrible,” Bliss said.

Buncombe County Health Director Gibbie Harris said she visited Wright’s bar after receiving a complaint. When her colleagues followed up, they found the bar now only served teasha.

“As long as that’s the case, we’re not in the business of policing people smoking tea leaves,” she said.

She said she plans to send people to check on the bar, even if there aren’t any complaints.

Denny Best, manager of Wilmington hookah bar Juggling Gypsy, said he might apply to be an exempted private nonprofit or wait to see if the issue goes to court.

“If Adam’s going to go to court, we’re willing to back him up on that,” he said.

Contact the City Editor at citydesk@unc.edu.