ABDELHALIM HISTORY

SUPPORT THE LEGAL FUND TODAY

https://www.spotfund.com/story/88e93d31-3915-409e-b4ac-e29a5d1fd6d6

120KB

InjunctionHouseOfCigarettes.pdf

pdf

READ ABOUT ABDELHALIM INVOLVEMENT WITH SELLING FENTANYL PIPES AND SUPPORT OF DRUG TRADE.

DENNIS J. HERRERA, State Bar #139669 City Attorney ALEX G. TSE, State Bar #152348 Chief Attorney Neighborhood and Resident Safety Division JANA J. CLARK, State Bar #136008 JENNIFER CHOI, State Bar #184058 Deputy City Attorneys 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]

Attorneys for Plaintiff

PEOPLE OF THE STATE OF CALIFORNIA

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION

PEOPLE OF THE STATE OF CALIFORNIA, by and through DENNIS J. HERRERA, City Attorney for the City and County of San Francisco,

Plaintiff,

vs.

ABDELHALIM MAHMOUD FADLI, individually and d/b/a HOUSE OF CIGARETTES; and DOE ONE through DOE FIFTY, inclusive, (MANY MANY ALIASES)

Defendants.

Pursuant to settlement by the parties, this Stipulated Injunction ("Order" or "Injunction") was submitted to the above-captioned Court, the Honorable Peter Busch, judge presiding. Plaintiff, the People of the State of California, ("Plaintiff" or the "People") was represented by their attorney, Dennis J. Herrera, City Attorney, appearing through Jana Clark and Jennifer Choi, Deputy City Attorneys. Defendants ABDELHALIM MAHMOUD FADLI, individually and d/b/a HOUSE OF CIGARETTES were represented by their attorney, Taghi Astanehe.

Whenever the term "Defendants" is used in this Order, the term includes Defendants ABDELHALIM MAHMOUD FADLI, individually and d/b/a HOUSE OF CIGARETTES, as well as their agents, servants, employees, representatives, assigns, tenants, and lessees, and all persons acting in concert or participating with or on behalf of Defendants, with actual or constructive notice of this Order.

Plaintiff and Defendants ("Parties") agree and consent to entry of this Order by the Court without a noticed motion, hearing, or trial. The Parties further agree that this Order shall be entered by appearance of Plaintiff before the ex parte calendar of the Law and Motion Department of this Court without objection by Defendants.

The Parties, having stipulated to the provisions set forth herein, the Court having reviewed the provisions, the Parties having agreed to the issuance of this Order, and good cause appearing therefore,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

A. Jurisdiction The Court issues this Order pursuant to its authority under California Business and Professions Code Section 17203 and Civil Code Sections 3491 and 3494. The Court expressly retains jurisdiction to modify this Order as the ends of justice may require. The Court may hear and decide issues regarding the scope and effect of the injunctive provisions herein. Any party to this Order may apply to the Court at any time, after making a reasonable effort to meet and confer with the other parties, for further orders and directions as may be necessary or appropriate for the construction, application, or carrying out of the injunctive provisions herein. The Court can modify any of the injunctive provisions hereof and take such further action as may be necessary or appropriate to carry into effect the injunctive provisions hereof, and for the punishment of violations of the same, if any. B. Authority Plaintiff has the authority under California law to maintain this action to protect the People of the State of California concerning the conduct alleged in the Complaint.

C. Application This case arises from Defendants' ownership, maintenance, operation, and/or management of Mission Gifts & Tobacco ("Business"), a commercial business located at 912 Geneva Avenue, Assessor's Block 6411, Lot 037, in the City and County of San Francisco, State of California ("Property" or "Premises").

In the Complaint, Plaintiff alleges that Defendants own, operate, manage, and/or maintain the Business in violation of state law and as a public nuisance that substantially endangers the health, welfare, and safety of the neighbors and the public in general. Specifically, Plaintiff alleges that Defendants jeopardize the health and safety of their customers, neighbors, and the community at large by selling or permitting to be sold illegal and dangerous drug paraphernalia, which is purchased and used by Defendants' customers, contributing to an increased neighborhood presence of illicit drug users, drug dealers, publicly intoxicated persons, and a host of general nuisance conditions related to illicit drug use, particularly rock base cocaine ("crack") and methamphetamine. By causing or permitting repeated violations of state and local laws at the Business, Defendants have engaged in unlawful and unfair business practices in violation of California Business and Professions Code Sections 17200-17210.

Defendants dispute Plaintiff's allegations and claims. Nevertheless, in an effort to come to a negotiated resolution of all claims in this action, Defendants have agreed to be bound by a Stipulated Injunction and Stipulated Judgment. By reaching a settlement and agreeing to injunctive terms and payment of civil penalties, Defendants are not admitting any wrongdoing or liability.

This Injunction's provisions are applicable to Defendants in connection with their ownership, operation, management, and/or maintenance of the Business or any business in the City and County of San Francisco engaged in the retail sale of tobacco products subject to the permit requirements under San Francisco Health Code Sections 1009.52-1009.53.

D. General Provisions

INJUNCTION IT IS HEREBY ORDERED that Defendants and any person acting in concert or participation with them, with actual or constructive notice of this Injunction, are permanently enjoined and restrained from:

1. Maintaining the Business, or any business owned, operated, managed, or maintained by Defendants in the City and County of San Francisco engaged in the retail sale of tobacco products subject to the permit requirements under San Francisco Health Code Sections 1009.52-1009.53, in violation of California Health and Safety Code Section 11364.7 (prohibiting delivery, furnishing, transfer, possession, or manufacture of drug paraphernalia with intent to deliver, furnish, transfer, or manufacture drug paraphernalia).

   • In enforcing Section 11364.7 in this Injunction, the term "controlled substance" shall not include marijuana used for medical purposes as provided for in Health and Safety Code Section 11362.5. "Drug paraphernalia" shall not include devices or products intended for medical marijuana use as defined therein.

2. Maintaining the Business, or any business owned, operated, managed, or maintained by Defendants in the City and County of San Francisco engaged in the retail sale of tobacco products subject to the permit requirements under San Francisco Health Code Sections 1009.52-1009.53, in violation of California Health and Safety Code Section 11364.5 (prohibiting minors in places dealing in drug paraphernalia).

   • For this Injunction, "drug paraphernalia" includes all items listed in Section 11364.5, including those intended for medical marijuana use.

3. Maintaining the Business, or any business owned, operated, managed, or maintained by Defendants in the City and County of San Francisco engaged in the retail sale of tobacco products subject to the permit requirements under San Francisco Health Code Sections 1009.52-1009.53, in violation of California Penal Code Section 12020 (prohibiting the manufacture, import, sale, supply, or possession of certain weapons and explosives).

4. Maintaining the Business, or any business owned, operated, managed, or maintained by Defendants in the City and County of San Francisco engaged in the retail sale of tobacco products subject to the permit requirements under San Francisco Health Code Sections 1009.52-1009.53, in violation of California Penal Code Section 381c (prohibiting the sale or distribution of nitrous oxide to minors).

5. Maintaining the Business, or any business owned, operated, managed, or maintained by Defendants in the City and County of San Francisco engaged in the retail sale of tobacco products subject to the permit requirements under San Francisco Health Code Sections 1009.52-1009.53, in such a manner as to constitute a public nuisance as defined by California Civil Code Sections 3479 and 3480.

6. Maintaining the Business, or any business owned, operated, managed, or maintained by Defendants in the City and County of San Francisco engaged in the retail sale of tobacco products subject to the permit requirements under San Francisco Health Code Sections 1009.52-1009.53, in such a manner as to violate California Business and Professions Code Sections 17200-17210.

E. Management Defendants shall maintain and operate the Business, or any other business owned, operated, managed, or maintained by Defendants in the City and County of San Francisco engaged in the retail sale of tobacco products subject to the permit requirements under San Francisco Health Code Sections 1009.52-1009.53, as follows:

1. No more than twenty percent (20%) of the square footage of windows and doors facing the street shall bear advertising, signage, or product displays. Advertisements and signage must not obstruct the view of the interior, including cash registers, from the exterior sidewalk or entrance.

2. Drug paraphernalia shall be completely enclosed in a separate room or area, with access restricted to persons over 18 unless accompanied by a parent or guardian, as mandated by Health and Safety Code Section 11364.5. Each entrance to the room must include a visible sign indicating the restriction.

3. This Injunction must be posted within 12 inches of any business license or permit issued by San Francisco or California and in clear view of the cash register operator.

F. Disposal of Illegal Drug Paraphernalia Defendants must surrender all illegal drug paraphernalia within 24 hours of this Order’s signing to the San Francisco Police Department.

F. Disposal of Illegal Drug Paraphernalia (Continued) Defendants must surrender to the San Francisco Police Department any drug paraphernalia as defined in Subsection D, paragraph 1 of this Injunction that is present at the Business or any other business owned, operated, managed, or maintained by Defendants in the City and County of San Francisco engaged in the retail sale of tobacco products subject to the permit requirements under San Francisco Health Code Sections 1009.52-1009.53. The surrender must occur within 24 hours of the signing of this Order. Any continued possession, display, or sale of such paraphernalia would constitute a violation of this Injunction.

G. Inspection

1. Defendants shall consent to unannounced and warrantless inspections by the San Francisco Department of Public Health (DPH), the San Francisco Police Department (SFPD), and/or the San Francisco City Attorney's Office (CAO) of any portion of the Business or any other business owned, operated, managed, or maintained by Defendants in the City and County of San Francisco engaged in the retail sale of tobacco products subject to the permit requirements under San Francisco Health Code Sections 1009.52-1009.53, to determine compliance with applicable laws.

   • Inspecting agencies are authorized to search any area, including drawers, cabinets, closets, storage bins, ATM machines, or other containers, whether accessible to the public or not. Defendants must unlock or grant access to such areas upon demand.

   • Any drug paraphernalia discovered during inspections will be seized and destroyed. Refusal to allow inspections constitutes a violation of this Injunction.

2. Upon request from the CAO, DPH, or SFPD, Defendants must provide copies of any and all records related to compliance with this Order within five business days. Plaintiff may also conduct an examination under oath of any Defendant once during a 12-month period to inquire about compliance records, with notice given in accordance with the California Code of Civil Procedure. Failure to provide such information will constitute a violation of this Injunction.

H. Other Provisions Defendants shall comply with all local and state codes governing the operation and maintenance of the Business or any other business owned, operated, managed, or maintained by Defendants in the City and County of San Francisco.

I. Penalties

1. The Parties have executed a Stipulation for Entry of Judgment, filed concurrently herewith, wherein Defendants agree to pay the City $5,000.00 in civil penalties to settle this Action. Payment must be made in full by August 1, 2011.

   • If payment is not made as described, a Stipulated Judgment for Monetary Penalties ("Judgment") will be entered for the unpaid amount, which will accrue interest at 10% per annum until paid.

   • Failure to make payment as outlined in the Stipulation will also constitute a violation of this Injunction. Payments must be delivered to the City Attorney's Office at 1390 Market Street, Seventh Floor, San Francisco, CA 94102, attention: Jennifer Choi, Deputy City Attorney, by cashier's check or money order payable to "City and County of San Francisco."

J. Enforcement

1. A violation of this Order constitutes contempt of Court as defined by California Code of Civil Procedure Section 1209. The Order may be enforced through contempt proceedings, a motion to enforce, or any other recognized enforcement action.

2. Defendants shall be liable for civil penalties of up to $6,000 per violation of this Order, as determined by the Court after notice and hearing. Each piece of illegal drug paraphernalia found at the Business or any other business owned, operated, managed, or maintained by Defendants during the Injunction's duration shall constitute a separate violation.

3. Fines, penalties, or other monetary relief under this Order are in addition to any other legal or equitable remedies available to the Plaintiff.

4. The Court expressly reserves jurisdiction to take further action as necessary to enforce this Order. Defendants also agree to have contempt actions heard by a Court Commissioner.

5. Plaintiff is entitled to recover attorneys' fees and costs incurred in enforcing this Order or monitoring Defendants' compliance.

K. Notice to Subsequent Interest Holders If Defendants sell, transfer, or assign the Business or any other business owned, operated, managed, or maintained by them, Defendants must:

1. Provide written notice of this Order to the prospective new owner, transferee, or assignee before execution of the sale, transfer, or assignment.

2. Require the new owner, transferee, or assignee to sign an Addendum agreeing to be bound by the terms of this Injunction. A copy of the Addendum is attached as Exhibit A to this Order.

L. Effective Date and Term of Injunction Unless otherwise stated, Defendants shall comply with this Injunction upon its entry by the Court. The Injunction shall remain in effect for 60 months from the date of entry.

• If the Court finds that Defendants violated this Injunction during its term, the 60-month period shall restart from the date of such finding.

M. No Waiver of Rights to Enforce Failure by Plaintiff to enforce any provision of this Injunction does not waive Plaintiff's right to enforce the provision at a later date. Plaintiff's failure to act shall not preclude future enforcement of this or any other provision.