07-26-2023 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL JULY 26, 2023 7 Mayor Fischer commented that two weeks ago Mr. Nelson was adamant that when an adult leaves his business, he is not responsible for their behavior beyond his door. He commented that the Council is saying that there is an obligation to run a business where the experience is nice for all the businesses in that area. He stated that when there were questions about trash and customers urinating and defecating outside and Mr. Nelson said that those were not his issues. Mr. Nelson commented that the statement about people defecating outside continues to be made and that is outlandish. He commented that if there is a video of that occurring, he would like to see the footage. He commented that he is extremely concerned about that, which is why they have been closing at 11 p.m. and is also why they have hired security to ensure patrons leave when the business closes. He commented that he is committed to continuing this on a daily basis and would drive to the business at 11:15 p.m. each night to ensure people are leaving. He appreciated the comment that he is responsible for his customers beyond his front doors, which is why he has taken the additional steps. There were no additional comments from the public. Upon motion by Fischer, seconded by Kwapick, the public hearing was closed. Ayes (5). Nays (0). Motion adopted. Mayor Fischer commented that this is a difficult discussion, and he gets no joy in this situation where a person’s business is at risk, but is also a firm believer that the actions of the person in the past often dictates how they will perform in the future. He stated that there is evidence of disregard for laws and executive orders, which are voluntary actions chosen by the owner and management. He stated that as much as there has been commitment of doing what has been asked, he believed that once the bright lights are off the business, similar behavior and complaints would continue. D. Miller commented that there does seem to be a pattern of violation and actions that do not respect rules, using the example of the Fire Marshal requiring that curtains be taken down, and the business putting them back up once they get their new license. He commented that it is difficult to believe that everything will be done as asked going forward. T. Miller commented that even if the commitment is made at this point, it is too little, too late. She did not see that the ongoing pattern would change, even with the commitment stated by the ownership. Kwapick agreed with the comments thus far. He commented that one of the biggest things for him is the number of violations over the years and those that were raised at the last meeting. He stated that he appreciates that things have been implemented to try to address what has happened but was unsure that it would be worthwhile. Mayor Fischer introduced the following resolution and moved its adoption: RESOLUTION NO. 2023-7-84 – DENYING THE TOBACCO STORE LICENSE APPLICATION FOR THE HOOKAH HIDEOUT BASED ON THE FOLLOWING FINDINGS PER LITTLE CANADA CITY CODE 802.030(b): The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to Licensed Products;