Sky Lounge on Warren Ave.

DEARBORN — Customers looking to spend their summer nights enjoying a hookah until the early morning may need to go elsewhere, as the city has begun to enforce a strict 2 a.m. curfew for all Dearborn hookah lounges.

The hookah lounge ordinance implemented last year forbids businesses from operating between 2 a.m. and 10 a.m., among a number of other restrictions. 

The ordinance also prohibits outdoor seating at hookah lounges after midnight.

While the ruling was adopted last year, the City Council granted business owners an extension to allow them additional time to comply with the requirements. That extension has since passed and Dearborn Police are wasting no time enforcing the 2 a.m. curfew, especially as the weather gets warmer and more patrons look to spend their nights at the local hookah lounges.

Several business owners told The AANews that within the last month police officers have entered their establishments just before 2 a.m. and ordered patrons to go home. Some cafes even received
tickets.

Fawaz Hazime, owner of Mango’s, located at 14927 W. Warren Ave., said he’s furious with the new policy. He said that twice this month police have come to the hookah lounge around 1:45 a.m. and commanded the management to force customers out before 2 o’clock.

Hazime questioned why the city would impose such a policy on businesses that don’t serve alcohol. 

“Some customers are asking, ‘why are you closing before 2?’,” Hazime said. “There is no alcohol here. It’s all adults, couples and peaceful people who are enjoying a gathering with friends. We have no fights, no problems, no entertainment and no liquor.”

Hazime said the curfew will have a negative impact on the number of customers at hookah lounges across the city.

“I’ve noticed a drop in business because some people have made it clear that the next time they are out with friends, they will go somewhere else where they can stay past 2 a.m.,” he said.

He is also questioning his future as a business owner in Dearborn.

Hazime said Mango’s is one of the few hookah lounges that have jumped through hoops to stay in compliance with state and city regulations, but he has not reaped any benefits from doing so.

“I’ve been looking around to relocate,” he said. “Business has already dropped over 30 percent in the last month. I’m with the city 100 percent to go after illegal activities and businesses that aren’t in compliance. But not when you are coming after the peaceful places and enforcing rules that could potentially shut them down.”

Consistency

City Attorney Debra Walling told The AANews that the city decided to enforce a 2 a.m. curfew last year because it wanted hookah lounges to meet similar requirements to those required by bars.

“It was proposed to mirror other establishments,” Walling said. “[Hookah lounges] are places where crowds gather. They are social places that can generate a lot of noise, especially when people are leaving. I’m pretty sure that’s why the state regulates laws at 2 a.m., too.”

Councilman Mike Sareini echoed those sentiments, stating that the city is aiming to implement a consistent time frame for all of its establishments – regardless if it’s a restaurant, bar or hookah lounge.

He said in most circumstances, customers don’t usually go to an establishment after 11 p.m.

“I think the city is looking for a consistent model,” Sareini said. “This time frame was mandated by the Liquor Control Commission and I understand that it’s different with hookah lounges. But I don’t see a need for hookah lounges to be open until 3 a.m.”

Ramadan debacle

Amir Makled, who practices out of the Law Office of Cyril Hall in Dearborn, took issue with the 2 a.m. curfew enforcement. He noted that with Ramadan starting in June, many hookah lounges will want to stay open to cater to customers who want to eat and smoke before sunrise.

Last week, Makled submitted a request on behalf of four hookah lounges to exempt them from the curfew during the month of Ramadan. 

The City Council then asked for a recommendation from the city’s Legal Department and Dearborn Police.

Walling told the Council that the city is willing to work out a “compromise” during the month of Ramadan–allowing businesses to stay open until 4 a.m. only on Friday and Saturday nights— if they submit a request.

However, the City Council unanimously agreed that hookah lounges should be able to stay open until 4 a.m. for the full 30 days of Ramadan.

The city also agreed to allow outdoor seating at such venues until 2 a.m.

However, business owners must submit a request for the waiver. In order for it to be approved, they must be in good standing with the city. 

Police Chief Ron Haddad also has the discretion of terminating the waiver for any hookah lounge that is cited for not following city codes during the holy month. 

Some residents protested the decision, stating that hookah lounges shouldn’t be open until the wee hours of the morning.

However, City Council President Susan Dabaja pointed out that businesses had been open at all times of the night during previous Ramadan seasons and there weren’t any issues of concern. 

“It’s just one month,” Dabaja said. “The chief already indicated there’s never been any issues. What gives us a little comfort is that the chief can revoke that waiver if there are any incidents of violation of the law.” 

Sareini told The AANews that the city can’t tell hookah lounges to close at a certain time, but allow restaurants to operate freely during Ramadan.

He added that some Council members took issue with a Ramadan exemption because schools are still in session and there’s concern that the hookah lounges would be a nuisance to residents.

“They’ve always done this; I don’t understand what the issue is,” Sareini said. “Ramadan is a very big deal. We can’t tell these guys they can’t stay open after 2, but allow other restaurants to do so. That’s not going to work.”

Makled said the owners of the four establishments he’s representing–Mango’s, Sky Lounge, Midnight Cafe and 360 Lounge, are looking beyond Ramadan. He said they are concerned about operating profitable businesses with such restrictions in place.

“The owners of these establishments are getting a lot of feedback from their patrons and they want to stay open later,” Makled said. “It’s what people have grown accustomed to. Unfortunately, I think a lot of patrons will be deferring their business to other cities because of this.”