Before opening, Kelman had the site inspected to make sure it was up to health standards. There were two sinks left from the space’s earlier incarnation as a cafe called I Am Coffee. One was used for hand washing, the other for rinsing utensils and plates.
But in early October, Kelman says, city health inspectors came in with new rules, which he was cited for violating: There needed to be at least four sinks: one for soaking dishes, two others for sanitizing and rinsing dishes, and for hand washing. “Everything is vegan, gluten-free, soy-free, and there’s no allergens, no possible contamination,” says Kelman, “It’s literally just small plates and two tongs [to pick up the food]. That’s why they require me to install three compartment sinks? It’s beyond stupid.”
Kelman went to court to contest the violations, and instead was slapped with an $800 fine, on top of feeling compelled to close his business — one which he points out also created jobs for people. “Is that how they treat business people in New York? I’m a small business and that’s how you’re treating me? I don’t know if I want to be in New York anymore, I’m sorry,” says Kelman. “I’m not an IBM, I’m not an Apple, you cannot treat me like this. I need all the help I can get.”
“Brooklyn Dark Hemp was closed by the owner and not by an order of the Health Department,” says a Health Department spokesperson. “Brooklyn Dark Hemp, like every other restaurant in NYC, needs to wash its dishes and cookware properly. A three compartment sink enables washing, rinsing and sanitizing to occur separately, critical for preventing contamination. This restaurant, like others, can request a variance if it can assure the Department that sanitizing can occur safely. At no time did the Department close this restaurant. It’s decision to close was entirely its own.”