New Smoking Law Has Businessman Fuming

Jordan Hirsh is the owner of the , which has operated in Skokie for more than 50 years. But something else is fuming other than the smoke from his merchandise.

Hirsh is not a happy member of the community right now as the village board recently passed an ordinance that prohibits the transfer of indoor smoking rights from one property to another.

The business owner is lit up over the ordinance that denies two village establishments from relocating and retaining the right for their customers to smoke. Supported by the village’s Board of Health, the measure passed unanimously at the board of trustees meeting on March 9.

Specifically, what Hirsh is most concerned about is the possibility of a catastrophe hitting his store at 8016 Lincoln Ave. that would prevent him from being able to rebuild at the current location. If that happens, he would not be able to reopen elsewhere in Skokie under the new law.  However, he would retain the smoking rights if he chose to rebuild at his present location.

“That is the rule they forced on me,” Hirsh said. “In this day and age, there are plenty of empty buildings. I should have the right that any other business has--I am a responsible person.

"In this economy there should not be any restrictions that other businesses don’t have,” he noted.

The Hirsh family has operated Cigar King at the same Lincoln Avenue property since the 1970s.  Customers can come in and buy all types of tobacco related products, but it is only one of two places where they can sit inside and light up as smoking indoors was banned in the village in 2003.

The new ordinance will allow Hirsh to continue operating in the same fashion, but he is concerned about what would happen if a disaster strikes.

“Most likely this issue will not come up but I am trying to think of every scenario that might happen, but the village does not think that way,” Hirsh said. “As a businessperson, you have to make sure these rules don’t go worse-case scenario.”

Hirsh said he discussed the matter with Mayor George Van Dusen and Village Attorney Patrick Hanley--as he was also concerned about the possibility of eminent domain and thus the village taking away his property.

“I am just trying to do my job and I don’t know why they are doing this to me,” Hirsh said.

The ordinance was an outgrowth of the Board of Health concerns following the 2010 opening of the Kush Hookah Lounge at 3327 Dempster St. in Skokie. Hookah is a type of pipe that can be shared.

Chris Delisi, the owner of the Hookah Bar, is also not happy with the decision of the trustees to pass the measure. 

"If I had to move to another location, I would like to have the ability to have that right transferred,” Delisi said.

However, he said his establishment, which caters to people 18 and older, is doing well thus far and he is satisfied with the treatment he has received from Skokie officials.

“I’m happy with the way the village has treated me,” he said.  “Hopefully I can be successful in the future.”

Hanley said the ordinance was part of an ongoing effort to limit smoking in Skokie. 

“What the Board of Health philosophy has been--and it has been supported by the mayor and the board of trustees--is to reduce the incidents of smoking in the village," he said.

"They are concerned about exposing to smoking that normally would not be exposed to second-hand smoke," the village attorney said. "They are also concerned about people having avenues to find places to smoke.”

As for seizing property under eminent domain, Hanley said the village has rarely used that action and there are no plans to use it right now.

Trustee Donald Perille listened to the arguments that Hirsh brought to the board, but still said the board was right to move forward.  

“I understand his concerns, but I think that it is more important that we control the amount of smoking in the village,” Perille said.