11-12-2014 Council Agenda - Laserfiche WebLink

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Request of Kelly Ortiz for a General Tobacco Saks & Display License — Attached is the request of Kelly Ortiz for a General Tobacco Sales & Display License as was discussed by the Council at their October 22"`' meeting (minutes attached). At that time Mr. Ortiz was asked to provide information relative to the discounts that tobacco suppliers would provide him based on the amount of square footage dedicated to tobacco sales. Mr. Ortiz indicated that he would receive discounts from tobacco companies if his tobacco display area was at least 40% of the store space. In reviewing the extensive information attached that was supplied by Mr. Ortiz, City staff does not see any provisions which support this claim. Mr. Ortiz also provided the attached listing of products that he is proposing to sell. The City Attorney was also asked to comment on the City's ability to create a third class of tobacco license that would be limited to tobacco products only and would not allow the sale of tobacco -related products (City Attorney's November 7th memo attached). It would be staffs recommendation that the Council not create a third class of tobacco license. Creation of an additional license class that would include a series of conditions would result in increased enforcement necessary on the part of the City. If the Council is inclined to grant Mr. Ortiz a tobacco license, it would be staffs recommendation that the number of Tobacco Store licenses be increased from two to three. Inquiry relative to growing and selling of tobacco — A resident of the City made an inquiry about licensing that would be required to allow him to both grow and sell tobacco. The City Attorney also addresses this issue in his November 7th memo. It would be staff's recommendation to not expand the City's tobacco ordinance to provide for this type of license. 2