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AGENDA ITEM 4A STAFF ORIGINATOR: Ann J. Blair, City Clerk MEETING DATE: October 14, 2002 TOPIC: Resolution No. 02-150, Approving New Off -Sale Liquor License and a Tobacco License for Eagle Liquor and Tobacco VOTE REQUIRED: Simple Majority BACKGROUND: Attached is a resolution approving an application for an Off -Sale Liquor License and a Tobacco License submitted by Steve Bergman. As you may be aware, this is a new business, which would be located on the JADT property. However, prior to being open for business both an Off -Sale Liquor License and a Tobacco License are required. Investigator Matt Vana conducted a background criminal investigation on the owners of the business and found no problems, nor any reason to deny either of the applications. In accordance with the City Code, 701, Liquor Licensing, this new business meets the qualifications for an Off -Sale Liquor License. Also, in accordance with City Code, Section 602, Regulating the Sale of Tobacco Products, this new business meets the qualifications for a Tobacco License. In an effort to address concerns raised by the City Council at their September 9, 2002 Council meeting regarding the intensity of the proposed tobacco use, the applicant's attorney, Mr. Mike Kiefer, has submitted a letter, a layout map, and a brochure which show the sale of tobacco products to be an incidental use on the site. Copies are attached. The applicant is fully aware license approval is subject to all the fees, provisions and conditions of the laws of the city, state and of the federal government. OPTIONS: 1. Approve Application for Off -Sale Liquor License and Tobacco License. 2. Deny Application for Off -Sale Liquor License and Tobacco License. RECOMMENDATION: Option 1