07-26-2023 Council Packet - Laserfiche WebLink

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Another concern that was discussed by City Council members is the ongoing management and control of the Hookah Hideout. According to City Code, Chapter 802.070a (5)iv, the ownership, and management and control of all existing tobacco stores in Little Canada must continue to be the same owner in order to maintain their indoor smoking exception. David Nelson has been the owner of this business since 2011 and has provided a tax document to verify his ownership status. It is substantially more difficult to verify active management of the business, but neighboring business owners have reported not seeing Mr. Nelson for many months and employees do not recognize the name David Nelson, who is the owner of the business. Staff has also received complaints from neighboring businesses about the smell of smoke that permeates into other retail spaces in Thunder Bay mall. STAFF RECOMMENDATION: Staff recommends Council consideration of a tobacco store license for The Hookah Hideout for the period July 27, 2023 to June 30, 2024. Possible Actions for the Council to consider: 1. Approve a Tobacco Store License for The Hookah Hideout for the period July 27, 2023 to June 30, 2024 with the following conditions: a. Hours of Operation for The Hookah Hideout are limited to 8:00 a.m. to 11:00 p.m. b. The Hookah Hideout owner and license holder, David Nelson, and all on-site employees, are responsible for ensuring that the mall parking lot and sidewalk are clean of any and all types of trash after the close of business each day. 2. Motion to deny 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; a. The Hookah Hideout violated Executive Order 20-99 and Executive Order 20-103 by permitting indoor, on-premises consumption of tobacco from Friday, November 20, 2020 at 11:59 p.m. until January 10, 2021 during the COVID-19 pandemic. b. The Hookah Hideout violated Section 906(d)(5) of the Federal Food, Drug and Cosmetic Act (Act)(21 U.S.C. § 387F (d)(5)) and/or FDA/s tobacco regulations by selling tobacco to persons under the legal age and failure to verify age on August 16, 2021 and March 1, 2022. c. The Hookah Hideout failed 3 tobacco compliance checks conducted in 2022 by the Ramsey County Sheriff’s Department on June 27, 2022 (educational check), September 26, 2022 and December 7, 2022. Attachment 7-25-2023 Letter from Attorney representing The Hookah Hideout