Board of Health Still Waiting for Kasbah Action

By Sue Ellen Woodcock

The Winthrop Board of Health gave a local restaurant owner until December 1 to comply with the state’s smoking regulations and as of press time, the board has seen no evidence of compliance.

At the December 2 meeting of the board it was decided to go forward with more visits from Tobacco Collaborative inspectors to the Kasbah on Putnam Street. There may be more fines which could lead to the revocation of the restaurant license and consequently the liquor license.

“It is illegal to smoke any substance in a work place according to state law,” said Chairman Nick LoConte. “Not just tobacco but anything that can be smoked in a hookah.” The state workplace tobacco law came in to place in 2014.

Nassar Belghiti, has owned the Kasbah for more than 15 years. When reached by telephone at his business, Belghiti said he was not aware of the Board of Health meeting last week. He added that he was out of town and said he has applied for the proper permits.

At it’s last meeting regarding the Kasbah the room was filled with supporters like attorney and Town Councilor Phillip Boncore. At the recent meeting only Councilor Rich Boyagian and Town Council President Peter Gill spoke about the issue.

“We are as a community condoning an illegal operation,” Gill said. “This infraction has been a long running problem. Three years ago they asked for an extension in what was in essence asking for amnesty in this situation. The Board of Health did not grant it. The hookah smoking never ceased after that until our new illustriouos Board of Health sent the state in and determined that yes, in fact smoking was going on.”

Bonny Carroll, director of the Tobacco Control Program for the Six City Tobacco Initiative, visited the Kasbah on three separate occasions after 10 p.m. each time observing people smoking hookahs. Each time she issued a ticket: $100 for first time, $200 for the second and $300 for the third. The third time the owner was present and the two of them discussed the regulation. Carroll said they also discussed how to become a legal hookah bar.

“We have a law being broken,” Gill said, as with the situation with illegal houseboats the town stepped in and now the houseboats are gone. He also mentioned that the same was true of the illegal bed and breakfasts. “It should be enforced today.”

Councilor Boyagian, who is also a nurse practitioner and a cancer survivor, he said he heard that people were passionately defending the Kasbar and saying they were being singled out.

“I would disagree. I think if you’re dumb enough to smoke. I’m all for it for them cause I’d like the tax revenue,” Boyajian said. “The law is the law. This is another FOP (referring to another council member) where they get special treatment because they’re connected or they golf or whatever the hell they do.”

Boyajian that behavior is “bullying and intimidating people” and that “this is just another stall tactic. He added that Belghetti’s counsel is not dumb and knows the business does not make 51 percent of its business from tobacco sales.

“The only way to enforce this is to be fair across the board,” Boyajian said. “I just bought a gift certificate for my uncle (at the Kasbah) two weeks ago. I go there. I enjoy the food.”

“Don’t let small town politics intimidate you.” Boyagian said.

At the October Board of Health meeting Phil Boncore, a member of the Town Council and a local attorney, made it clear he did not represent Belgheti, but is a friend. Boncore said the initial letter sent to Belgheti was a “disgrace.”

Belgheti can become a smoking bar by applying for a permit with the Department of Revenue. Belghiti would have to prove that more than 51 percent of his sales from tobacco, even though shisha smoked in the hookah is made from fruit. LoConte explained that the law states anything “combustible”. He said there could be hookah allowed outdoors. He also explained how others have set up two separated places. There could also be a covered over outdoor space.

“He has to be shut down,” said Jeanne Maggio, former board of health member. “Anyone who is a member of the legal community to stand up and violate the law…you have to shut him down to make him understand. He’s been given over five years to comply and he’s throwing it in your face.”

“Should we find that this obvious behavior continues, then we are in a position to revoke his permit to serve food which would force us to revoke his license to serve alcohol,” LoConte said.