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MINUTES <br />CITY COUNCIL <br />JULY 129 2023 <br />Mr. Nelson commented that people leave and are not staying until 5 a.m. He stated that this is similar <br />to a bar where people exit the business and may hang around in the lot for a bit making other plans. <br />He stated that he is hearing that concern and would be willing to address that issue. He commented <br />that he has supplied his documents, above what is requested of other businesses, as the City did not <br />believe he was the owner. T. Miller commented that the question was not ownership, but management. <br />Mayor Fischer asked how frequently Mr. Nelson is onsite managing the business and for how long. <br />Mr. Nelson replied that he is at the business a few times a week to do ordering and other duties. <br />Mayor Fischer commented that if he were onsite a few times a week, employees should know who he <br />is. Mr. Nelson replied that he is typically onsite before the business hours. He commented that there is <br />employee turnover as well. Mayor Fischer commented that one of the conditions is that Mr. Nelson <br />actively manages the business and that does not appear to be happening. Mr. Nelson commented that <br />while he is not there working day to day, he does own and operate the business. T. Miller commented <br />that she does not get the impression that Mr. Nelson would be aware what is occurring at the business <br />when it is open. <br />Mr. Nelson commented that trash has been an ongoing issue for customers visiting all the businesses. <br />He stated that crime existed before his business was here. He noted that this is the last year when <br />smoking will be allowed inside for his business, as that grandfathered permission was already taken <br />away for next year and he has already paid $15,000 to comply with the Fire Marshal. <br />Gutierrez asked for details on the cash only policy and what products are sold. Mr. Nelson replied that <br />he started the cash only policy a few years ago because they had over $7,000 in chargebacks from <br />customers. He stated that they are a hookah lounge and sell sheesha and hookah products, along with <br />other tobacco related products. Gutierrez asked if the business sells CBD or THC products. Mr. <br />Nelson confirmed that his business sells those products, just as the other tobacco business does. He <br />commented that they do not sell cigarettes. <br />Mayor Fischer asked if the shop was open during COVID. Mr. Nelson replied that he shut his business <br />down for the first shutdown during COVID, but did open for one week during the second shutdown <br />and was prosecuted. He stated that resulted in him paying the State the revenue from that week. <br />D. Miller referenced the comment that customers are going out to their vehicle to fill up their cup with <br />alcohol and coming back in. He asked if customers were going in and out. Mr. Nelson replied that he <br />cannot say how each customer acts. He stated that people are not allowed to drink alcohol inside and <br />ask people to leave if they are drinking. <br />Mayor Fischer thanked Mr. Nelson for speaking with the Council tonight. He closed the public <br />comment period for the item. The City Attorney suggested that there be a motion to close public <br />testimony, acknowledging that it was not a formal public hearing. <br />Upon motion by T. Miller, seconded by Gutierrez, the public testimony was closed. <br />Ayes (5). Nays (0). Motion adopted. <br />5 <br />