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515 Little Canada Road, Little Canada, MN 55117-1600 <br />(651) 766-4029 / FAX: (651) 766-4048 <br />www.ci.little-canada.mn.us <br />MEMORANDUM <br />TO: Mayor Keis and Members of the City Council <br />FROM: Kathy Glanzer, City Clerk <br />DATE: May 6, 2015 <br />RE: Request for Text Amendment — Tobacco Ordinance <br />MAYOR <br />John Keis <br />COUNCIL <br />Rick Montour <br />Michael McGraw <br />Tom Fischer <br />Christian Torkelson <br />ADMINISTRATOR <br />Joel R. Hanson <br />Attached is a request from David Nelson, Hookah Hideout, asking the Council to consider either <br />a Text Amendment to add a third Tobacco Store license so that he can open a cigar shop or allow <br />relocation of his current business to a larger space in the shopping center so that he can operate a <br />combined hookah shop/cigar store. <br />Ordinance Amendment — <br />The Code currently limits the number of Tobacco Store licenses to two. If the Council wishes to <br />consider the addition of a third Tobacco Store license, consideration would also have to be given <br />to amending the Code to allow the sampling/smoking that would a part of the cigar shop. <br />As the Council will recall, the Tobacco Code was amended in 2012 which resulted in the <br />grandfathering in of the two existing tobacco stores relative to issue of sampling. Under Code <br />Section 802.070. (a) (3), smoking in a tobacco store is allowed provided that all the <br />circumstances listed in that section are met. See below: <br />Section 802.070 (a) (3) Smoking shall not be permitted and no person shall smoke within <br />the indoor area of any establishment with a retail tobacco license. Smoking tobacco, or <br />lighting and burning tobacco, for the purposes of sampling tobacco and tobacco related <br />products or smoking from a delivery device is prohibited. Notwithstanding the preceding, <br />smoking may occur in a Tobacco Store if all of the following circumstances are met: <br />i. The smoking is by a customer or potential customer for the <br />specific purpose of sampling tobacco; <br />ii. The Tobacco Store has held a license from the City to sell <br />tobacco products at that location for at least six months prior to the <br />enactment of this provision; and <br />