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1 David G. Lim
From:[email protected]
Sent:Friday, January 13, 2023 2:15 PM
To:[email protected]
Cc:David G. Lim
Subject:Smoke Shop N' More
Attachments:SKM_C364e23011310330.pdf; IMG_2870.jpg
Mr. Profitt,
Thank you for discussing this matter with me this morning. I met with Mr. Saeed and went over our conversation today.
Attached is a copy of Mr. Saeed’s check cashing permit and his food sale permit which you are not aware of. He is not in the business of cashing checks and does not advertise that, however he believes that the ability to do so helps retail sales in some instances. He has to keep cash on hand to do so.
He is emphatic that he does not sell any cannabis products and has none in his store. He states that he would have to be licensed to do so and he is not so licensed. I told him about the recent allegation from a high school student that they bought cannabis at his shop. He denies that and opines that a suspect talking to police would not want to name the actual source of such products. He speculates as to where minors might get cannabis but is emphatic that it cannot come from his shop. At best the allegation is uncorroborated hearsay and not reliable information.
Since sale of flavored tobacco is now illegal, he wants to expand his food sales product lines to fill some now empty shelf space. However, he will delay any efforts to do so until this case is resolved.
He feels very strongly that all employees are well trained about selling tobacco to minors and requiring ID from anyone of questionable age. Please see the enclosed photo of his shop door postings. The civil and criminal penalties for doing so strongly disincentivize doing that. Please note the cited law in my supplemental brief about sale of tobacco to minors.
As pointed out in my supplemental brief, Mr. Saeed has employed Five Star Protection since July 2022 to provide a security presence in and around his store in the afternoon and evening. He has also hired Exterior Touch Pressure Washing from that time to periodically clean the area around the exterior of his shop. The security patrol is 10266
2 thought to inhibit minors from getting an adult to buy tobacco for him/her and exchanging outside the shop.
He was not aware of any direction from Mr. Kline to you or otherwise that you not communicate with him and was very surprised when I told him of that. (I still haven’t received copies of Mr. Kline’s correspondence from you directing that you not communicate with Mr. Saeed). Apparently as a result of Mr. Kline’s prohibition you were not aware of his security and cleaning efforts. This is unfortunate and I suspect has contributed to the current situation. In any event, Mr. Saeed is anxious and wi lling to review his procedures and otherwise cooperate with the City to satisfy you that cannabis distribution and sale of tobacco to minors is not happening t his shop. So long as necessary I intend to work with Mr. Saeed to address the City’s concerns a bout his business, especially due to his limited English language skills.
John M. Coyle, Attorney
Law Offices of John M. Coyle
[email protected]
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