05-25-11 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL MAY 25, 2011 by the League of MN Cities and the Ramsey County Tobacco Compliance may be addressed in the next legislative session. Nelson agreed that there can be good owners and bad owners with any business. He noted that he has spent his life savings starting this business. Nelson stated that the ordinance amendment feels like it is directed at him. McGraw pointed out that prior to Mr. Nelson opening his business there were no hookah shops in the City. He indicated that had the City been proactive, the regulations would have been in place before Mr. Nelson opened his business. However, they were not and now the City has to address it. McGraw stated that it is his job as a Council Member to protect the citizens of Little Canada. Nelson stated that he poses no risk to the City whatsoever, and felt that other amendments could be proposed that would allow him to remain in business. Blesener noted that the issue is that Mr. Nelson's business is not a retail store. Nelson stated that he is a tobacco shop. Nelson again expressed concern with the proposed ordinance amendments. Blesener pointed out that samples are typically not sold. Keis indicated that even if a sample is sold, there is the question of what is the definition of a sample. Keis indicated that what Mr. Nelson is doing is beyond his definition of a sample. John DeRosa, Little Canada Smoke Shop, expressed concern with the proposed limitation that no more than 15% of the total product display area in the store may be used for display or storage of tobacco - related devices. DeRosa reported that the City was informed about the nature of his business when he applied for his tobacco license. DeRosa reported that Mr. Nelson is a partner in his business, and informed the Council of the other businesses that he owns which include a tanning salon and asphalt company. DeRosa reported that the Little Canada Smoke Shop is doing well and noted the petition in support of his shop which was submitted earlier in the meeting. DeRosa reported that he has a family and a conscience; subsequently there are products that he would not sell at his shop. Keis noted that this brings up his issue that there are both good owners and bad owners. Montour pointed out that when Mr. DeRosa obtained his tobacco license, the limitation on display area being discussed was not in the ordinance. The City Attorney suggested that there should be some discussion on whether or not the 15% limitation is too restrictive. The Attorney noted that DeRosa's store is more in line of what people think about when they think about a tobacco store. The City Attorney asked what Mr. DeRosa would consider to be an appropriate limitation. 15