05-12-2021 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL MAY 129 2021 zoning code, and the Zoning Code is being amended to be more business friendly. The City Clerk explained that both of these business uses require a city license and the number of licenses are limited. She stated that no conditions have been put on massage therapy in the last few years, and tattoo is not listed in the zoning code. She noted that when the zoning code update is completed next year, the intention was that both of these uses would be permitted, but since there have been several massage therapy businesses in the city and some new permanent make-up tattoo businesses who would like to move in, staff is recommending the zoning code be amended now. Torkelson introduced the following resolution and moved its adoption: RESOL UTION NO.2 021-5-63 — ADOPT ORDINANCE 854, AMENDING LITTLE CANADA ZONING CODE CHAPTER 912, B-3 DISTRICT AND CHAPTER 912A, B- 4 DISTRICT, AND A UTHORIZE A S UMMAR Y P UBLICA TION The foregoing resolution was duly seconded by McGraw. Roll Call Vote: Keis/Fischer/Torkelson/McGraw/Miller Ayes (5). Nays (0). Resolution declared adopted. There were no additional comments from the public. Upon motion by McGraw, seconded by Fischer, the public hearing was closed. 2021-2022 TOBACCO STORE LICENSES The City Clerk explained that the two tobacco store licenses are up for renewal, which are currently issued to the Little Canada Smoke Shop and The Hookah Hideout. She stated that staff wanted to make Council aware prior to renewal of a tobacco license, that the Minnesota Attorney General sued David Nelson, the owner of The Hookah Hideout, due to his violating Minnesota Governor's Orders during the pandemic by not closing the business when he was required to. She also noted that Mr. Nelson informed city staff a few months ago that he was intending to sell the business, and as Council is aware, Mr. Nelson must own and control The Hookah Hideout in order to keep the ability to have indoor smoking. She stated that cities in Minnesota have been changing their city codes and further restricting tobacco sales or even eliminating tobacco licenses, so Council could consider discussing amendments to the city's tobacco code at a future meeting. She stated that Katie Engman, with the Association of Non -Smokers Minnesota, is in attendance to share what amendments other cities have been doing to their tobacco codes. Staff recommends that Council require additional documents proving that Mr. Nelson still owns and controls the business prior to considering renewal of a tobacco store license, and sign an affidavit stating that he is the sole owner and responsible for the day-to-day operations of the business. Staff does recommend approval of a 2021-2022 tobacco store license for the Little Canada Smoke Shop. 3