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07-26-2023 Council Minutes
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07-26-2023 Council Minutes
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MINUTES <br />CITY COUNCIL <br />JULY 26, 2023 <br /> <br /> <br /> <br /> <br /> <br /> <br />8 <br />1. THE HOOKAH HIDEOUT VIOLATED EXECUTIVE ORDER 20-99 AND <br />EXECUTIVE ORDER 20-103 BY PERMITTING INDOOR, ON-PREMISES <br />CONSUMPTION OF TOBACCO FROM FRIDAY, NOVEMBER 20, 2022 AT 11:59 <br />P.M. UNTIL JANUARY 10, 2021 DURING THE COVID-19 PANDEMIC. <br />2. THE HOOKAH HIDEOUT VIOLATED SECTION 906(d)(5) OF THE FEDERAL <br />FOOD, DRUG, AND COSMETIC ACT (ACT)(21 U.S.C. § 387F (d)(5)) AND/OR <br />FDA/S TOBACOO REGULATIONS BY SELLING TOBACCO TO PERSONS <br />UNDER THE LEGAL AGE AND FAILURE TO VERIFY AGE ON AUGUST <br />16,2021 AND MARCH 1, 2022. <br />3. THE HOOKAH HIDEOUT FAILED 3 TOBACCO COMPLIANCE CHECKS <br />CONDUCTED IN 2022 BY THE RAMSEY COUNTY SHERIFF’S DEPARTMENT <br />ON JUNE 27, 2022 (EDUCATIONAL CHECK), SEPTEMBER 26, 2022, AND <br />DECEMBER 7, 2022. <br /> <br />The foregoing resolution was duly seconded by T. Miller. <br />Ayes (5). Nays (0). Resolution declared adopted. <br /> <br />ORDINANCE 875, AMENDING CHAPTER 802, TOBACCO TO ADD ALLOWED HOURS <br />OF OPERATION FOR TOBACCO STORES <br />The City Clerk explained tonight the Council is asked to consider an amendment to the City Code to <br />change the allowed hours for the operation of tobacco stores to 8 a.m. to 11 p.m. seven days per week. <br />She commented that there currently are not hours of operation for tobacco stores in the City Code. She <br />noted that this would be specific to tobacco stores and would not apply to gas stations. <br /> <br />T. Miller asked and received confirmation that there is only one other tobacco store in the city. <br /> <br />Mayor Fischer asked if Mr. DeRosa has been solicited for an opinion. The City Clerk replied that the <br />owner of the tobacco shop stated that he supports whatever the Council decides. She stated that <br />business is currently open until 11 p.m. Kwapick asked if other businesses have a time cut off for <br />tobacco sales. The City Clerk replied that there is no regulation on the hours of sale for tobacco and <br />therefore the rules are left to the cities to establish if desired. <br /> <br />Gutierrez referenced the start time of 8 a.m. and asked if gas stations would not be allowed to sell <br />tobacco prior to that time. The City Clerk replied that this would be specific to tobacco shops and not <br />the general display and sales license held by gas stations and liquor stores. <br /> <br />Kwapick introduced the following resolution and moved its adoption: <br /> <br />RESOLUTION NO. 2023-7-85 – ADOPTING ORDINANCE 875, AMENDING LITTLE <br />CANADA CITY CODE CHAPTER 802, TOBACCO, TO ADD ALLOWED HOURS OF <br />OPERATION FOR TOBACCO STORES <br /> <br /> The foregoing resolution was duly seconded by T. Miller. <br /> Ayes (5). Nays (0). Resolution declared adopted. <br />
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