08-11-2004 Council Minutes - Laserfiche WebLink

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MINUTES CTTY COUNCIL AUGUST 11, 2004 Kennedy submitted to the Council examples of the paperwork involved in applying for a Federal Firearms License, noting that due to the complexity of this paperwork, very few people would pursue it. Blesener asked how Kennedy would conduct his gun sales. N(r. Kennedy replied that he will not be selling gwis at the shop located at 2526 Rice Street. He would have pictures and catalogs of guns that customers could review at the shop. If a customer wanted to purchase a gun, they would pay foi the gun and pick it up at his home. Kennedy stated that no money for guns would exchange hands at 2526 Rice Street Anderson asked if there would be actual guns on display at 2526 Rice Street. I{ennedy replied that there would not unless the Council approved it. Fahey felt that even though no money would exchange hands at the shop, the sale would be consuuunated at the shop via the customer looking through catalogs and choosing a gun for purchase. Fahey stated that Mr. Kem~edy would be accounting for the income and h~ansaction for the sale of guns through the Kennedy Arms Company business. I{ennedy pointed out that money and guns would not exchange hands at 2526 Rice Street. Anderson stated that he was not concerned about the business if money and guns exchange hands at a location outside Little Canada. Anderson noted that his concern with guns stores locating in Little Canada is from a public safety standpoint and the risk of theft, etc. Fahey asked if there would be any guns on site for display or for any other reason. I{ennedy replied that there would not. Fahey asked the City Attorney whether this type of business plan was acceptable from a City Code standpoint. Blesener expressed concern that the business plan appeals to be a circumvention of the City's ordinance which does not allow gun stores as a principal use. Fahey pointed out that the business plan feels like a gun store that has delivery at a remote location. Fahey stated that while he did not oppose a Code amendment allowing gun stores as a principal use, there was not the support on the Council to pass such an amendment. Therefore, gnu stores are not allowed as a principal use. Fahey agreed with Blesener's comments that the Kennedy Arms Company business plans appears to be a circumvention of the ordinance as it appears to him that it is a gun store with a di~ereut mode of delivery. The City Attorney stated that he will have to research the issue and review it with the City Planner. The Attorney noted, however, that what is before the Council is an application for a tobacco license. The City should deal with the tobacco license ou its own merit.