O’Fallon City Council Tables Tobacco Paraphernalia Ordinance

The  voted to table an ordinance that would have created new regulations for the sale of tobacco paraphernalia in the city, at Thursday night’s meeting.

If approved the ordinance, sponsored by Mayor Bill Hennessy, would limit the sale of items such as rolling papers, pipes and hookahs, to businesses that cater specifically to tobacco users.

The bill states that tobacco paraphernalia includes, but is not limited to: rolling papers; metal, wooden, acrylic, glass, stone, plastic or ceramic pipes; water pipes; hookahs; carburetion tubes and devices and bongs.

At Thursday’s workshop, Ward 2 Councilman Jim Pepper said he had concerns about the ordinance and felt that it could be misapplied.

“It has too many areas in here that can be misconstrued as interfering with normal businesses other than the intended purpose,” he said.  “I also have some major questions as to the reasoning why it was even brought up.”

At the beginning of Thursday’s regular meeting, Pepper made a motion to table the bill, which was seconded by Ward 5 Councilman Mike Pheney.

The motion passed 5-3. Voting to table the ordinance were, Pepper of Ward 2; Jeff Schwentker, of Ward 4; Rick Battelle, of Ward 3; Mike Pheney and Michael Snowden, of Ward 5.

Ward 3 Councilman John Haman and Ward 4 Councilman Bob Howell were absent.

During citizen comments, two spoke against the proposed regulations on sale of tobacco paraphernalia.

Don Yarber spoke on behalf of his friend Gary Grafeman, whose business he felt would be affected by the regulations.

Grafeman told Patch he owns a retail business called Retro Active. He said he opened an office area on Mexico Road in O’Fallon, where he stored, but did not sell his products. Grafeman declined to answer more questions from Patch.  

Yarber passed around a photo of Grafeman’s business to the council during the meeting, and said if you look inside the door, you will only see a desk and a computer.

“This is not a retail outlet, he doesn’t sell from that location, it’s simply a storage point for his other businesses,” Yarbro said. “The way I interpret the bill, it’s no different than any of the other storage units that you have on Highway K.”

Pepper told Grafeman that he and other council members received comments  concerning his business, and asked whether he set up displays in his windows.

Grafeman said he installed blinds in the office and does not have products displayed in the window.

Pepper said there was also some confusion surrounding Grafeman’s permit for his business and it was submitted as a retail business rather than storage and office.

Grafeman said he only takes merchandise out to move to other locations for his retail business and has no plans to sell from the location.

“In any effect, this is not a whole sale or retail in anyway,” Pepper said. “I’m at a loss to why this bill was brought up and why there is a discrepancy.”

The proposed new regulations regarding sale of tobacco paraphernalia is scheduled to be discussed at the next workshop and appear on the regular meeting agenda on April 12.