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Mounds View City Council July 28, 2014 <br />Regular Meeting Page 7 <br /> <br /> <br />E. Resolution 8286, Consideration of a Tobacco Business License to Babelon, <br />Inc., Doing Business as Sam’s Food Market, located at 2408 County Road I. <br /> <br />Acting City Administrator Crane stated in April the Council approved a cigarette and tobacco <br />license for Sam’s Food Market contingent upon several conditions. She read the conditions in <br />full for the record. She explained that on May 15th staff sent a letter to Sam’s Food Market that <br />their license was about to expire on June 30th. The representatives at Sam’s Food Market had <br />until June 9th to provide staff with the license fee and application materials. Two weeks prior to <br />the license expiring, staff contacted Sam’s Food Market again requesting the license fee and <br />application materials. <br /> <br />Acting City Administrator Crane reported that one week prior to the license expiring City staff <br />contacted the City Attorney and had him contact Sam’s Food Market explaining that the tobacco <br />license would lapse in one week. She stated on June 30th staff drafted a letter to Sam’s Food <br />Market informing them the license would expire and that as of July 1st this establishment would <br />not be authorized to sell cigarettes or tobacco products. This letter was hand delivered by the <br />City’s code enforcement officer. <br /> <br />Acting City Administrator Crane commented that soon after delivery of this letter, a <br />representative from Sam’s Food Market came to City Hall with a blank check informing staff <br />that he was ready to pay for his tobacco license. Staff informed the gentleman that no application <br />materials had been received to date for the tobacco license and therefore could not be processed. <br />She advised that on July 3rd staff witnessed a tobacco sale at Sam’s Food Market. The police was <br />immediately dispatched as the sale occurred without a valid tobacco license. She explained that <br />the owner was cited for the violation. It was noted July 14th another compliance check was <br />conducted by the City and Sam’s Food Market did not make a tobacco sale. <br /> <br />Acting City Administrator Crane indicated staff received application materials and fees for a <br />tobacco license from Sam’s Food Market on July 21st. A. background check was completed and <br />there was an inconsistency with the Babelon, Inc. corporate address. She consulted with the City <br />Attorney regarding this matter. She recommended the Council discuss the matter in detail and <br />direct staff on how to proceed. <br /> <br />Mayor Flaherty noted that there were no representatives from Sam’s Market available this <br />evening. For this reason, he recommended the case be postponed. <br /> <br />MOTION/SECOND: Flaherty/Meehlhause. To Postpone discussion on this item to a future City <br />Council meeting. <br /> <br />Council Member Mueller expressed concern with postponing discussion given the fact there <br />were people in attendance that wished to speak on the case. <br /> <br />City Attorney Riggs advised that the Council could rescind the motion and take public <br />comments. He reported that this was not a public hearing.