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MINUTES <br />CITY COUNCIL <br />MAY 25, 2011 <br />The City Attorney again reviewed the some of the key provisions being <br />proposed. The City Attorney indicated that the provision that no more <br />than 15% of the total product display area in the store may be used for the <br />display or storage of tobacco - related devices seemed to be a reasonable <br />percentage for a tobacco store. Nelson reported that he displays both <br />shisha, hookahs, and bowls. The Attorney reported that he has been to <br />cigar stores and the vast majority of the display space is boxes of cigars <br />with some space for ash trays and cutters. The City Attorney also has <br />been in other stores where the vast majority of product displayed seems to <br />be pipes, rolling papers, etc. with very little actual tobacco displayed. The <br />City Attorney noted that this 15% product display area provision is <br />proposed to apply to tobacco stores only. <br />Blesener stated that it appears that the hookah bar is more of a restaurant <br />than a retail tobacco store. Nelson replied that his hookah bar is more of a <br />cafe. Blesener asked if customers bought tobacco and then smoked it at <br />home. Nelson replied that that is the purpose of giving a sample out, so <br />that the customer doesn't buy a flavor that they do not like. Blesener <br />noted that according to Nelson a sample can last from 40 minutes to 1 <br />hour. Blesener then asked the cost. Nelson reported that the cost is <br />approximately $15 for one person and $20 for two people. Blesener noted <br />that what Nelson is calling a sample, the customer is paying for. <br />Montour asked what Nelson asked when he came into City Hall to apply <br />for a tobacco license. Nelson reported that he informed the City Clerk that <br />he would like to apply for a tobacco license in order to open a hookah bar <br />and explained to her the types of products that he would be selling. <br />Nelson informed the Council that the City Clerk asked about the types of <br />products he would be selling. The City Clerk indicated that Mr. Nelson <br />came into City Hall asking to apply for a tobacco license. The Clerk <br />stated that Nelson did not tell her that he was proposing to open a hookah <br />bar nor did he inform her of the products that he would be selling, nor did <br />she question him about the products that he would be selling. <br />Keis indicated that the issue for him is how this fits into the MN Indoor <br />Clean Air Act. Keis noted that if Mr. Nelson was selling tobacco products <br />at retail, with no sampling, this discussion would not be happening. Keis <br />felt what Mr. Nelson is doing is a way to get around the Clean Indoor Air <br />Act. Keis asked what should be the definition of sampling, and stated that <br />the next question relates to the issue of public safety. Keis also pointed <br />out that with any business, there are good owners and bad owners. The <br />City cannot come up with a different set of rules based on who owns and <br />operates a business. He also noted that the loophole in the Clean Indoor <br />Air Act relative to sampling may only be temporary, and based on efforts <br />14 <br />