07-12-2023 Council Packet - Laserfiche WebLink

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STAFF REPORT TO: Mayor Fischer and Members of City Council FROM: Heidi Heller, City Clerk/HR Manager DATE: July 12, 2023 RE: Consider Approval of Tobacco Store License for The Hookah Hideout License Period July 13, 2023 through June 30, 2023 ACTION TO BE CONSIDERED: Consider the approval of a Tobacco Store license for The Hookah Hideout. 3 Little Canada Road East, for the period July 1 3, 2023 – June 30, 2024. BACKGROUND: Tobacco license periods are for one year, from July 1 – June 30, and require City Council approval. The license renewal requirements for the Hookah Hideout included submitting documents showing ownership of the business. The business was notified of this required document in the letter included in their renewal packet, a letter mailed on May 19, 2023, and a letter emailed to owner David Nelson’s attorney on June 1, 2023. This document was not received by the City until June 20, 2023, so they were too late to have their license be considered at the June 14 City Council meeting. Due to not having the regular second City Council meeting in June, the tobacco license for the Hookah Hideout was extended to July 12, 2023. The Hookah Hideout was issued a notice of correction by the Little Canada Fire Inspector on April 24, 2023, for several fire code violations, including one that has been an issue for over a year. The Fire Inspector did a final inspection at The Hookah Hideout on June 9, 2023, and all violations had been corrected. All required documentation and fees for the tobacco license have been received by the City as of June 20, 2023. Per City Code, Chapter 802.070a (5)iv, the ownership, and management and control of The Hookah Hideout must continue to be the same owner since May 2013 in order to maintain their indoor smoking exception. David Nelson has been the owner of this business since 2011. The submitted tax documentation shows he still has ownership of The Hookah Hideout, but it appears that he is no longer in control of, or managing the business. Employees at the store do not know who David Nelson is when asked, and names other than David Nelson have been given to city staff when inquiring who the owner is. Staff has also received complaints about The Hookah Hideout, such as the business is open until 3:00 a.m. or later, and the customers leaving garbage regularly in the parking lot and mall sidewalk. STAFF RECOMMENDATION: Staff recommends Council discuss approval of a tobacco store license for The Hookah Hideout for the period July 13, 2023 to June 30, 2024.