Tougher cosmetic store ordinance protested by owners

BY PRU SOWERS

KONK LIFE STAFF WRITER

Several employees of the often-criticized cosmetics stores along Duval Street went before city commissioners Jan. 17 asking that they reject proposed changes to an ordinance cracking down on high-pressure sales techniques.

Despite the protests, which included charges that the city discriminates against the primarily Israeli-owned stores, commissioners voted 6-1 to change wording in the ordinance that will make it easier to bring charges against stores where employees are enticing customers into the establishment with offers of free samples, then charging up to thousands of dollars for products the unknowing customer cannot return.

The changes added a few words aimed at eliminating vague language in the ordinance responsible for the dismissal of a code violation case against one of the stores in April 2017. At that time, the special magistrate rejected the city’s claim against the store, saying the ordinance language was not clear on what constituted a violation.

“A plain reading [of the word changes] in accordance with the magistrate’s direction I think clarifies the ordinance,” said city Attorney Shawn Smith. “It makes it, as [the magistrate] said, enforceable.”

Complaints against some of the cosmetics stores have proliferated in the past few years, with charges of high-pressure sales tactics to unknowing customers who end up with huge bills. When some try to return the products, refunds are refused even though the customers said they were told by store employees that they were eligible. Bruce Mitchell, one of the founders of the Key West Rip Off Rapid Response Team, which pickets cosmetics stores accused of not providing refunds, said Sandy Ceravolo of McCalla, Ala., went into the store on Aug. 17 last year and ended up with a $3,000 bill. When she tried to return the products, the store would not take them back.

“Five months later, only after picketing the business, were we able to finally secure a refund,” Mitchell told commissioners.

But several cosmetic store employees said the complaints were largely untrue. Daniel Laglieu works at one of the Duval stores and said the Key West Rip Off Rapid Response Team has threatened to shut his store if he didn’t sign a five-point agreement setting sales and refund policies.

“We’re feeling discriminated against in the code of the city hall,” Laglieu said. “The way you treat our shops is ridiculous, to be honest. You’re willing to continue discriminating [against] our shops and file more rules against us; rules only against Israeli cosmetic shops. We’re here because we want it to stop.”

Naor Rahamin said that prices are listed on all the products sold in his Duval Street store, as well as on its website, as required by the ordinance.

“Everybody knows exactly what they’re buying. Everybody knows exactly what they’re paying for,” he said.

Gilad Ashkenuz, who owns one of the stores with her husband, said that her business had never had a complaint filed against it. She said several of the owners want to work with the city to develop a plan that protects both customers and the store. It’s “unfair to lump all of us together” when the problem comes from only one or two of the stores, she said.

However, Jim Young, the city’s director of code compliance, said his office conducted an undercover sting operation in December against seven of the nine licensed cosmetic stores that were open. All seven of the stores had some sort of violation, he said, adding that one-third of the complaints his office receives about local businesses involve cosmetic shops.

The lone vote against modifying the ordinance regulating store sales procedures came from Sam Kaufman, who worried that the language change was again too vague to satisfy the special magistrate who hears code violation cases. But Assistant City Attorney Ron Ramsingh said he believed the new language would eliminate the enforcement issue.

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