PIPING HOT OVER POT-ORIENTED SHOP

A new marijuana paraphernalia shop in downtown Fairfax has prompted
the mayor to call for tighter restrictions that would require town
approval before another could open.

Purple Haze opened late last month. Since then, there have been harsh
words from a liquor store owner next door and the owner of Objects of
Pleasure, Fairfax's other paraphernalia shop, which will celebrate
its 30th anniversary in March. Mayor Lew Tremaine has even written a
letter to the building's landlord because of complaints regarding
loitering kids and funky smells.

"I am very unhappy that this type of business has been allowed to
move into such a visible location in my community," Tremaine wrote.

Purple Haze owner John Dunsing of San Anselmo said he is operating in
accordance with all laws, and said he provides a cheaper alternative
to Objects of Pleasure for people who visit Marin Alliance, Marin
County's only medical marijuana clinic just up the street. And, he
added, the only thing people smell is incense.

"It's amazing people are complaining when there's a (medical
marijuana) dispensary and another head shop," said Dunsing, using the
term for stores that sell drug paraphernalia.

Other stores in Marin County that sell pipes and drug paraphernalia
include The Mighty Quinn, 1099 Fourth St. in San Rafael, and The
Pleasure Principle, 74 Throckmorton Ave. in Mill Valley.

Fairfax Town Attorney Joe Brecher said there are no town regulations
about what can be sold at a smoke shop, which is a legally permitted
use in the Fairfax town code.

Dunsing said he signed a five-year lease Oct. 1 for part of the
building at 1906 Sir Francis Drake Blvd., which also houses Fat Kat
Surf Shop. He said he opened a few days before Halloween and sales
have been strong.

"We've been in business three weeks and we're doing $350 a day," he said.

Dunsing goes out of his way to tell people his wife is a CPA, and
that they are proud parents of a 12-year-old daughter who attends
White Hill Middle School. A photo of their daughter is even tacked up
on the wall behind the cash register.

Dunsing said he uses medical marijuana for a neck injury and for
anger management. He said he has a record of running successful
businesses such as Shaky Grounds coffee shop in San Rafael.

He said he thought hard about what to do after recently selling a
mini storage business in Hayward, and decided on a head shop because
medical marijuana is such an important part of his life.

"This is about the passion and not about making money," he said.

Dunsing said he approached Rick Lavine, owner of Objects of Pleasure,
about buying the business but was told it wasn't for sale. Dunsing
said Lavine even told him to start his own head shop if he was so
interested in owning one.

"I don't remember that," Lavine said.

Lavine said he vaguely remembers someone offering to buy his shop,
but dismissed it out of hand because the shop is a big part of his
identity.

He said sales don't appear to have slacked off in the past month, but
a town with 7,000 people is unlikely to support two head shops.

"I've been eking out a living here," he said.

The two shops are similar in that they both sell products that help
people pass urine tests, and require buyers to be at least 18 years
old. But their styles are different.

Objects of Pleasure is decidedly old school with its earth-tone
colors, a large selection of wooden pipes and music such as a
bluegrass album that Lavine wrote and performed himself. It's housed
in an old wooden building and tucked away so it doesn't draw attention.

By contrast, Purple Haze looks like something straight off Haight
Street with its bright colors, thumping reggae music and hand-blown
glass pipes, bongs and other devices. It's right on the main drag,
and Dunsing is planning an in-store demonstration in the coming weeks
by a man who blows glass pipes.

"The storefront screams head shop," Tremaine said.

Sal Damani, who recently bought the liquor store beside Purple Haze,
said he immediately had a problem with Dunsing because a lot of teens
gathered outside, ostensibly to find an adult who would go inside and
buy things for them.

Damani, who is opening a new restaurant on the other side of his
liquor store, said the last thing he needs is to be associated with minors.

"I don't want any heat on me," said Damani, who keeps a
two-inch-thick pile of confiscated ID's next to his cash register.

Damani said another issue for him is tobacco sales, which account for
up to 50 percent of his business.

He said he met with Dunsing and, while supporting his right to make
money, got a promise that Purple Haze won't sell tobacco products.

"It's a free enterprise, but I'm glad we agreed," he said. "It's a
big part of my business."

Dunsing said he asks for identification for anyone who looks under
age 18, and only stocks three types of rolling papers that contain tobacco.

He said he is targeting legitimate medical marijuana users, offers a
15 percent discount to anyone who provides a medical marijuana card
and will never allow anyone to smoke tobacco or marijuana at the store.

"We don't want to sell tobacco, we hate tobacco," he said.

Tremaine said he was shocked at how quickly a head shop could open on
Fairfax's main street, and that it could be done without discussion
or input by town leaders. He said a smoke shop is an accepted use in
town code that doesn't require a use permit, but he plans to make
sure tighter restrictions are passed in the near future.

"I wish we had had the opportunity to review this one," Tremaine said.