09-27-2023 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL SEPTEMBER 27, 2023 empty liquor bottles in the parking lot. She stated that there were also issues of defecation in the parking lot, which should never happen, and security should ensure that is not occurring. The City Attorney clarified that the security would only be responsible for any drinking that would be taking place by a customer or employee of the Hookah Hideout and not the individuals that are not customers or employees of the Hookah Hideout. Gutierrez noted that this is an example of how this differs from the situation with Hoggsbreath as that business owns the parking lot so they have more control. She commented that in this situation it may be difficult for security to patrol and determine where the border is. She asked if public safety could be ensured with these conditions. The City Attorney asked if Mr. Nelson would be required to be onsite every day for four hours or whether a second in command could be identified to City staff, that could be there in his place. T. Miller commented that at this point Mr. Nelson would need to be onsite personally, otherwise he will always designate someone else. She stated that City ordinance identifies that the owner must manage the business, therefore Mr. Nelson would need to be there, and four hours is a reasonable amount of time. The City Attorney asked if that would apply five days per week or seven days per week. Mayor Fischer commented that the biggest opportunity for the business is nights and weekends. T. Miller acknowledged the difficulty in that. Mayor Fischer commented that Mr. Nelson should be specified to be onsite a certain number of hours and then the delegate could act in his place during the other times. He noted that Mr. Nelson and/or the delegate would then be responsible during the open hours of operation. D. Miller stated that perhaps a certain number of days should be identified for Mr. Nelson, otherwise he would simply delegate to the other party. T. Miller agreed. She commented that David Nelson needs to be there and that should be the least to expect after all of this. She stated that if he is not there five days per week, four hours per day, during times the business is open, the business should not be open. She commented that perhaps he is not present during all peak hours, but then a second in command should be identified and present during the times Mr. Nelson is not. Mayor Fischer commented that it is the City expectation that the owner operates the business and therefore this is not something new. The City Attorney asked if Mr. Nelson would be required to be there on at least one of the peak days, either Friday or Saturday. T. Miller agreed that should be a requirement. She acknowledged that Mr. Nelson has other businesses and perhaps it would be easier for him to be there on a Saturday. The City Attorney asked if the stay were granted with conditions, would there be an allowance for a breach of those conditions. Mayor Fischer commented that would be on a per condition basis, noting that underage sales would be an immediate revocation, while perhaps a whiskey bottle in the parking lot would be a strike. The City Attorney asked if there would be another hearing in the event of a violation to decide if the stay were going to be revoked. Kwapick asked if the Council would reserve that right. The City Attorney confirmed that right could be reserved. 7