08-25-2004 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL AUGUST 25, 2004 *APPROVING TREE INSPECTION SER vICF,S AS RECOMMENDED 13Y TIDE CITYADMINISTRATOR The foregoing resolution was duly seconded by Montour. Ayes (5) LaValle, Montour, Pahey, Blesener, Anderson. Nays (0). Resolution declared adopted. FIRE ARMS The City Attorney reported that in researching the issue of fire arms sales SALES with delivery at remote locations, he reviewed both the City Codes and State Statutes. The Attorney reported that the City Code does not define sale, therefore, the State Statute definition would apply. State Law determines that a sale occurs at the time that title is passed from the seller to the buyer. Passing title occurs at the time and place that the physical delivery of the goods occurs. The Attorney reported that in the case of the Kennedy Arms Company and their business model which involves customers looking through catalogues of guns, choosing a gun to pw~chase, with delivery at Mr. I{ennedy's home in Mendota Heights, there is nothing in the City Code prohibiting this activity. However, if delivery of the gun would occur in Little Canada, this would be contrary to Mr. I{ennedy's agreement with the City that no gun sales would occur in Little Canada. John Apish questioned whether this was the direction that Little Canada wvited to proceed. Pahey replied that the City has no ability under its ordinance to prohibit the viewing of gun catalogues at the Kennedy Arms Company with delivery of guns outside ofl,ittle Canada as this is not considered to be a sale that occw's within Little Canada. Fahey noted that the primary public safety concern was the storage of guns within Little Canada and the potential for access to those guns- Fahey noted that in reviewing the storage issue, the Sheriffs Department made extensive recommendations relative to security. Mr. Kennedy then proposed that he would have gun catalogues for viewing at his Little Canada location, with the exchange of money and guns outside the City. Fahey noted that the City Attorney has indicated that the City's cw~rently ordinance does not consider this to be a gun sale that occurs in 'Little Canada. Fahey asked if the City could fashion a new ordinance that would prohibit I{emiedy's business model. Fahey noted that the primacy issue is that of public safety. The City Attorney reported that he would have to research the City's ability to enact an ordinance prohibiting I{ennedy's business model. Blesener noted Council Member Anderson's previous comments that the issue is that of public safety and as long as the guns are not being stored in 12