07-26-2023 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 26, 2023 RE: Consider Renewal of Tobacco Store License for The Hookah Hideout License Period July 27, 2023 through June 30, 2023 ACTION TO BE CONSIDERED: Consider approval of a Tobacco Store license for The Hookah Hideout located at 3 Little Canada Road East for the period July 27, 2023 – June 30, 2024. BACKGROUND: The City Council received public comment and considered the renewal of a Tobacco Store license at the July 12, 2023 City Council meeting. After a motion to deny the Tobacco Store License failed by a 2-3 vote, the City Council approved a Motion to table the issue until the next meeting on July 26, 2023 by a vote of 4-1. Tobacco licenses are for a one-year term (July 1 – June 30) and require City Council approval. The tobacco store license application for The Hookah Hideout was not complete until June 20, 2023 due to outstanding fire code violation corrections and missing documentation required for the application. The current tobacco store license for the Hookah Hideout was extended to July 12, 2023. The City Council considered this item on July 12 and the existing license was extended to July 26, 2023 when this agenda item was tabled. The City Council requested additional information about current occupancy load for this business at the July 12 City Council meeting. Building Official Steve Westerhaus estimated a maximum occupancy load of 200 based on the type of business use and the approximate area. This number is used to determine the number of bathroom facilities required. Based on a maximum occupancy load of 200 people, the Building Code requires 2 bathrooms, each with 2 toilet facilities and 1 sink. The Building Official has not been inside this space for many years since no building permits have been issued, but staff believes there is currently 1 unisex bathroom, with 1 toilet and 1 sink at the Hookah Hideout. Based on complaints received during public comment related to this business, there may be a need for additional restrooms for the current business. At the July 12, 2023 City Council meeting, the Council also discussed adding conditions to the tobacco store license if was renewed. Potential conditions include establishing specific hours of operation and requiring the owner to ensure the parking lot and sidewalk of the mall are cleaned up after the close of business each day. Due to the concerns raised by neighboring businesses, the recommended hours of operation are from 8:00 a.m. to 11:00 p.m. Staff also drafted an ordinance that amends City Code Chapter 802, Tobacco, to include hours of operation for all tobacco stores as a separate agenda item for the City Council to consider.