05-11-2015 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL MAY 11, 2015 the cigar lounge open for business during the day and the hookah lounge open for business during the evening. However, he felt that the two businesses were not compatible. Nelson indicated that he wants to fulfill a need by opening up a cigar lounge. He again asked that if the Council will not add the third license that they allow him to move to a larger space. John DeRosa, Little Canada Smoke Shop, stated that if the Council amends the Code to give Nelson another tobacco store license, he would like another tobacco store license as well. DeRosa gave some history on a handshake agreement that he and Nelson had between themselves not to compete with one another. DeRosa indicated that when Nelson violated the agreement, he began selling hookahs. DeRosa reported that about a month ago Nelson came into his shop accompanied by an employee and told him to take his hookah signs down and to stop selling hookahs. He reported that Nelson informed him that he was going to open up a cigar shop and put him out of business. DeRosa indicated that if Nelson does open a cigar shop in the strip mall, it will hurt his business. DeRosa reported that he has operated within the law and not under a loophole in the law. DeRosa reported that his business has been compliant with the City's requirements relative to the required sales percentages and questioned how Nelson's could comply. DeRosa stated that the laws are in effect for a reason and questioned the issuance of another tobacco store license that will operate under a loophole in the law. Chris Farmer -Lies, Ramsey Tobacco. Coalition and North Suburban Tobacco Compliance Project, stated that he echoed the staff's recommendation to deny the requests made by David Nelson of Hookah Hideout. Farmer -Lies stated that the Hookah Hideout is operating under a loophole in the MN Clean Indoor Air Act. He reported that the Coalition has worked with many cities in closing this loophole, and there are about 40 other cities that have followed Little Canada's lead in prohibiting sampling/smoking indoors. Farmer -Lies read the provision in the MN Clean Indoor Air Act in question, and noted that the intent of this provision is to allow a customer to sample a very small part of a cigar prior to purchase. Farmer -Lies indicated that businesses have taken this provision and used it to create smoke-filled cigar lounges. He indicated that this is not the intent of the MN Clean Indoor Air Act. Farmer -Lies also pointed out past Council's discussions when developing its ordinance and indicated that the Council's intent appeared to be to not allow more of these businesses to open in Little Canada. DeRosa asked if there were legislative requirements relative to ventilation systems needed in hookah lounges. Farmer -Lies stated that there was nothing in the MN Clean Indoor Air Act of this nature. DeRosa reported that customers from the Hookah Hideout have come over to his business 7