09-27-2023 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL SEPTEMBER 27, 2023 Hookah Hideout is closed. He commented that in his eyes the safety of the community should come first, recognizing the potential cost that could come from this process. He asked the City to stand up for what it believes in and not succumb to bullying. He stated that if the business is allowed to reopen it will go one of two ways, either it will go nuts until the wheels fall off to make as much money as it can before the end of the smoking allowance, or it will turn into a boy scout until the court ruling is made. He commented that the business has proven year after year that it does not comply. He commented that the City should put safety, its citizens, and its business owners first and deny this request. Mr. Battina commented that he can respectfully understand why Mr. DeRosa would want the business to remain closed as he owns the only competition in the mall. He commented that the issue is relied upon is safety concerns. He stated that in the renewal period leading up to this, the Hookah Hideout had nine police incident reports, none of which were related to safety issues. He stated that he did not see anything in the record documenting the safety issues. He commented that the Hideout has offered to make concessions, and did so, before it was shut down. He commented that in 2017 the Hogsbreath had a shooting by one of their patrons and the Council allowed that license to be renewed with certain conditions. He commented that the Hideout has offered to do the same provisions by adding security and additional staff. He stated that the issue seems to be garbage in the parking lot or too many people/customers, but there does not seem to be an issue of safety. He stated that those other things can be resolved with concessions that they have agreed to, reviewing those examples. He stated that the equities weigh heavily in allowing the Hideout to remain open. Mayor Fischer commented that he has not had a chance to review the packet just provided. He noted that selling to underage patrons, being open during COVID, and the fire code issues are safety related issues. Mr. Battina replied that the fire code issues have been resolved, prior to the application, and the sales to underage persons were not unique to Hookah Hideout as the by gas station also had two failed compliance checks during the same period. He asked why that business was granted a renewal without the same questions. Mayor Fischer commented that another key point was that Mr. Nelson is responsible to run the business per the Little Canada ordinance which states that the owner must manage the business. He commented that his own testimony made it clear that he was not actively managing the business and does not even live in the area, therefore that was not in compliance either. Mr. Battina asked why that was not the reason why the Council denied the application, noting that the denial was based on three different issues and that was not one of them. He commented that the motion did not address whether he was managing the bar. The City Attorney commented that whatever incidents may have occurred with other licensees are not relevant, only the incidents at the Hookah Hideout. He commented that they are not present to argue the appeal, but to decide whether to grant a stay. He commented that public safety is a big factor in whether to grant or not grant a stay. He commented that the testimony taken during the two hearings that occurred prior to the decision on the Hookah Hideout license provided definite evidence of the 91