Bongs in Boynton Beach: Should they be regulated? Vice Mayor pushes for new rule

BOYNTON BEACH — Nobody should have to look through the window of a Boynton Beach business and see a bong, according to a city leader who is now pushing for regulations to shield the public from certain products sold in smoke shops. 

Vice Mayor Thomas Turkin said during a commission meeting in July that he received complaints from residents about having “paraphernalia just out in the wide open,” and that he wanted to require “some type of tint for paraphernalia shops so it’s not being advertised to families and kids,” especially in the downtown area.

"I just don’t think a parent should have to walk down the street, you know, whether they’re going to Banana Boat or they’re going somewhere else, and have to explain to their kid what a bong is or a water pipe or whatever," he said at the time.

The city's interim attorney, David Tolces, researched the topic and returned with his findings at the Oct. 3 commission meeting. Tolces said he looked at the rules in West Palm Beach, Boca Raton, Lantana, Wellington and North Palm Beach, and that none of the municipalities had regulations on the public's ability to see "tobacco paraphernalia" when looking through the window of a local business.

However, Lauderdale-By-The-Sea, a town in Broward County, does require that "tobacco paraphernalia inventory be concealed from the view of the public outside of its premises," the attorney continued. He said the rule defines paraphernalia as:

• Metal, wooden, acrylic, glass, stone, plastic, or ceramic smoking pipes, with or without screens, permanent screens, or punctured metal bowls.

• Water pipes.

• Carburetion tubes and devices.

• Chamber pipes.

• Carburetor pipes.

• Air-driven pipes.

• Chillums.

• Bongs.

• Ice pipes or chillers.

Such products are marketed for tobacco use but are commonly used to smoke marijuana, especially with the legalization of medical marijuana and low-THC cannabis in Florida.  "If I was a parent and I'm walking with my 5-year-old, I don't want that 5-year-old pointing at paraphernalia and asking what that is," Turkin said at this month's meeting.

Obstacles stand between Boynton Beach commissioners and regulations on 'tobacco paraphernalia'

If commissioners were to move forward with a regulation hiding bongs and other smoking devices from people using Boynton Beach's sidewalks or roads, such as required window tinting, then city leaders would have to consider several questions, the attorney said.

Would the regulation expose Boynton Beach to legal trouble under Florida's new laws? Updates to state law, which became effective Oct. 1, allow businesses to sue local governments for up to $50,000 if a local ordinance is adopted and found to be "arbitrary or unreasonable."

As of this month, local governments also have to release a summary of any proposed ordinance, along with estimates on how many businesses the rule would impact, and how much money the stores would likely spend to comply with the regulation.

Commissioners, the city attorney said, would also have to consider whether the regulation applies to all businesses or only new shops. Enforcement against existing smoke shops would be based on a "fact specific, case-by-case evaluation," he said.

And if the regulation called for tinting or other forms of window obstruction, how would the commission reconcile that with Boynton Beach's existing rules? When it comes to ground-level, street-facing buildings, the city requires transparent windows and doors to "allow view of an interior space at least 5 feet deep."

"The view into a commercial use shall not be permanently obstructed by screens, shades, shutters, or opaque films," the city code continues.

What happens next? Boynton Beach commissioners weigh in on bongs and window rules

During the recent meeting, at least two commissioners said they opposed mandatory window tinting. They also expressed a willingness to consider other potential rules that hide paraphernalia from the public's view.

Turkin said passing the regulation would increase "curb appeal" in the city, but Commissioner Aimee Kelley said she worried they might have the opposite effect.

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"I just worry that by us forcing tinting, dark tinting, we're just going to be looking at black walls or black windowfronts and it's not going to be appealing," Kelley said. "But I think we probably can find some happy medium."

Commissioner Woodrow Hay said he might support a rule that ensures businesses move certain paraphernalia to a different area of their shops, out of view from passing residents, but tinting was out of the question in his mind. The shops, he said, "were established to sell their product, and what is offensive in terms of paraphernalia is subjective."

"I'm just wondering, do we really have a problem here in our city, or are we creating one?" Hay continued.

Commissioner Angela Cruz said she was in full support of a regulation that hides "tobacco paraphernalia" from the view of people outside of local businesses, so long as the rule complies with Florida's new laws. Perhaps, she said, Boynton Beach could mirror the regulation that's already being used in Lauderdale-By-The-Sea.

"We want to continue to be a family-friendly city, so I do support creating some sort of regulation," Cruz said.

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With all of the commissioners being open to the possibilities, and Turkin promising that he was "not going to budge on this," the city leaders agreed to continue their conversation at a future meeting, after city staff have a chance to conduct more research and bring forward a list of options.

"I think we have consensus here on enacting some sort of policy change," Mayor Ty Penserga said. "The question really is, 'How?'"

Boynton Beach smoke shops raise concerns about proposed rule

Since that meeting, smoke shop owners have said in recent interviews that window tinting would pose a safety concern, and that other regulations would be a waste of city resources.

"I think it's stupid, but what can I do if they make it a regulation?" said John Consiglio, the manager at Vapes & Kava off Hypoluxo Road.

A variety of water pipes line the inside of his store, near the entrance, but they're barely visible through the advertisements and light tint that already cover much of his windows. And regardless, he said, parents should start a conversation with their children before they inevitably see an adult product on the internet or in a shop window.

"What we're selling is perfectly legal," Consiglio said, noting that people under the age of 21 are barred from entering the store. "Values start at home. It's how you educate your kids."

He said dark window tint would pose a major safety concern, noting that someone could "come in here, put a gun to my head, and nobody would ever know."

If commissioners do pass a new regulation, Consiglio hopes they'll keep it simple: Require that shops keep paraphernalia hidden from outside viewers and allow store owners to find a solution, he said, pointing to a display cabinet at the back of his store, where he would keep the so-called offensive products.

But even that could lead to a negative ripple effect, said Michael Goodwin, a partner at 101 Smoke Shop, a well-known store at the corner of Federal Highway and Ocean Avenue.

His store has more than 1,200 square feet of products — all fully visible through the large street-facing windows. That visibility is a source of pride for Goodwin. He said it creates a safe and welcoming environment, whereas stores with blackout windows or curtains lead to a dangerous air of uncertainty.

And if he were to move the bongs and other water pipes to the back of his store and put a different product near the entrance, such as cigars or vapes, that would surely offend someone else, he said.

The bottom line for Goodwin: If cities are going to have smoke shops — and they certainly will in a state with medical marijuana — then people are going to see their products.

"I welcome anyone from the city to come in here and ask me questions," he said. "Commissioners, come down and see me."

Giuseppe Sabella is a reporter covering Boynton Beach and Lake Worth Beach at The Palm Beach Post, part of the USA TODAY Florida Network. You can reach him at gsabella@pbpost.com. Help support our journalism and subscribe today

This article originally appeared on Palm Beach Post: Boynton Beach mulls new rule on bongs, other 'tobacco paraphernalia'