WTOL.com, Toledo's News Leader, News 11 | Local businesses confused by convenience store ordinance

Local businesses confused by convenience store ordinance

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The attorney representing convenience store owners, Scott Ciolek, tells News 11, "Anyone who is selling food and beverage in this city is selling it for home consumption with the exception of a few buffets." The attorney representing convenience store owners, Scott Ciolek, tells News 11, "Anyone who is selling food and beverage in this city is selling it for home consumption with the exception of a few buffets."
Fusion Martini Lounge is 970 square feet ands may fall under the ordinance description of a convenience store. Fusion Martini Lounge is 970 square feet ands may fall under the ordinance description of a convenience store.
Fred Kodeih of Calvino's Restaurant says, "I think if they need to pass a law like this, it should apply to everybody -- not just to small business. Why not the big corporations?" Fred Kodeih of Calvino's Restaurant says, "I think if they need to pass a law like this, it should apply to everybody -- not just to small business. Why not the big corporations?"

TOLEDO -- Another chapter in the battle between the City of Toledo and convenience store owners over a new ordinance.

Some are questioning the city's definition of a convenience store.

News 11's Shelley Brown reports the latest.

The attorney for the Midwest Retailers Association, representing convenience store owners, filed a temporary restraining order against the city. The order pushed back the date they could begin enforcing the law to July 1.

On Tuesday, the city responded. Their response stated this law isn't limited to carry outs.

Fusion Martini Lounge is 970 square feet. Downtown Latte is 1400 square feet. Calvino's Restaurant, Wine Shop and Lounge is 3500 square feet.

All three locally-owned businesses are less than 5000 square feet. All three serve food and beverages.

One local attorney says all fall under the City of Toledo's new convenience store ordinance. He states convenience stores are defined as "a retail seller of food and beverages for home consumption with a floor area less than 5,000 square feet."

Attorney for Midwest Retailers Assoc. Scott Ciolek tells News 11, "A convenience store is restaurants, tea shops, ice cream parlors..."

He adds, "Anyone who is selling food and beverage in this city is selling it for home consumption with the exception of a few buffets."

Ordinance requirements include application and license fees, criminal background checks and installation and maintenance of surveillance cameras.

Fred Kodeih of Calvino's Restaurant says, "I think if they need to pass a law like this, it should apply to everybody -- not just to small business. Why not the big corporations?"

The city did not return our calls, but in this motion says businesses can choose not to operate, or they can choose to expand to more than 5000 square feet.

Connie Dick of Downtown Latte tells us, "We wouldn't be able to expand... I mean this is our business. This is the size that we want it to be."

Attorney Ciolek says only carry outs that have liquor permits have received applications, which leaves some business owners with lots of questions.

A preliminary hearing is scheduled for June 24.

By the first of July, we'll likely learn a decision on whether the court will issue a preliminary injunction.

Posted by LS

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