05-11-2015 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL, MAY 11, 2015 to make purchases indicating that it was too smoky inside the Hookah Hideout. Fischer felt that there was a line between sampling versus a smoking lounge. Fischer asked about enforcement. Farmer -Lies indicated that this line was a difficult one to enforce. He again pointed out that 40 other cities have banned indoor sampling/smoking. The City Attorney referenced the staff report relative to Nelson's two requests. He also indicated that in considering the requests, the Council should not consider the issue of competition between the two businesses. The Attorney indicated that the Council made a previous decision on the number of tobacco store licenses it was willing to issue based on its legislative intent relative to the health, welfare, and safety of the general public. Nelson stated that the legislative intent of the MN Clean Indoor Air Act is not to create a loophole in the law, but to allow cigar lounges to remain in business. Nelson again pointed out his ability to add a cigar lounge to his current space, but he preference to have two separate businesses or a larger space to separate the hookah lounge from the cigar lounge. Nelson stated that he did not want to compete with DeRosa's business, and indicated that DeRosa only had about 2 square feet of space dedicated to cigars. DeRosa stated that he meets the City's Code requirement that no more than 50% of the gross revenue of the store may be derived from the sale of tobacco -related devices. He felt that DeRosa did not understand this Code provision. Nelson again asked for a Code amendment to create a third tobacco store license or that he be allowed to move to the other end of the strip mall into a larger space. Montour stated that while he appreciated Nelson's comments on the Clean Indoor Air Act, he felt those comments were Nelson's opinion and stated that he disagreed with that opinion. Montour felt that there were people taking advantage of the law regarding sampling. Montour stated that he would not support a change in the Code to allow a third tobacco store licenses and felt there was no reason to add a third license. Montour felt that the City has been very generous to the two existing tobacco stores. Montour indicated that he did not support allowing Nelson to expand into a larger space. The City Administrator asked for clarification on whether Nelson was asking to move back to his initial location or to add space. Nelson indicated that he was asking to move back to his initial location plus into the adjacent space as well. Nelson indicated that if neither request is approved, his option was to open the cigar lounge in his current space. 8