05-11-11 Council Agenda - Laserfiche WebLink

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MINUTES CITY COUNCIL APRIL 27,2011 Blesener summarized that the three main issues addressed in the proposed amendment relative to the definition of sampling, hours of operation, and restriction of the display or storage of tobacco - related devices to no more than 15% of total product display area. Blesener asked if other cities are addressing these same issues. The City Attorney was not sure. The City Administrator reported that there was discussion at the recent Sheriff's meeting and that the Ramsey County Tobacco Compliance Coalition presented the model ordinance, urging cities to adopt similar ordinances. The Coalition is forming a task force to study the issue more in- depth, with a specific focus on the issue of' sampling. Blesener pointed out that the State is considering a ban of synthetic substances that might also impact tobacco shops /hookah bars. Keis asked the impact to the City if it adopts the proposed amendments and the City's ordinance is then challenged in the courts. The City Attorney replied that the cost of an ordinance challenge would likely be covered under the City's insurance with LMCIT. Blesener asked how the City can justify restricting the hours of operation for a tobacco shop, when it does not restrict the hours of operation for a business that would hold a general tobacco license. The City Attorney again pointed out that the ordinance mirrors the hours for a tobacco shop license with those of an off -sale liquor store. He compared the fact that a business with an on -sale liquor license can stay open until 1:00 a.m. while a liquor store cannot. I-Ie also pointed out that a tobacco shop is allowed to have sampling as well as can sell tobacco - related products. These privileges are not allowed under the general tobacco license. Montour felt it was logical to base hours of operation for a tobacco shop with those allowed a liquor store. The City Attorney felt there were similarities between a hookah shop and a liquor store, noting that both sell a product to be consumed off premises, yet both can provide for sampling. Montour asked about the restriction on the number of licenses. The City Attorney pointed out that the restriction on the number of tobacco licenses in the ordinance was enacted a couple of months ago and is based on the current number of licenses in the City. This restriction applies to both general tobacco sales and tobacco shops. Montour felt that the number of licenses available should be based on the types of licenses. It was noted that there are some businesses in the City that would be eligible for a general tobacco license. Therefore, retaining the limit of 12 for all tobacco licenses could restrict those businesses' ability from obtaining a general tobacco license. 17 11