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Mounds View City Council October 27, 2014 <br />Regular Meeting Page 2 <br /> <br />Mounds View City Code pertaining to cigarettes and tobacco. She commented that notices were <br />sent to all tobacco license businesses in the City. Staff recommended the Council take comments <br />from the public and adopt Ordinance 889. <br /> <br />Fayez Gaieth, 2539 County Road 10, in Mounds View Square, expressed concern with the <br />proposed revisions. He had an issue with the items being banned. It was his opinion that other <br />businesses in Mounds View were being asked to pay for Sam’s Market’s mistakes. He feared <br />that he would lose business due to the Code amendment. He reported that he was running a great <br />business in Mounds View and had no violations. He requested that the Council be fair with its <br />business owners. <br /> <br />Assistant City Administrator Crane stated that Tobacco View has requested a 30 to 60 day time <br />period in order to bring their shop into compliance with the new Ordinance. <br /> <br />Council Member Hull questioned what section of the Ordinance was of most concern to Mr. <br />Gaieth. Mr. Gaieth responded Item G. <br /> <br />Council Member Mueller requested further comment on this. Mr. Gaieth estimated that 20% of <br />his sales would be lost if he were required to comply with Item G. <br /> <br />Mayor Flaherty proposed the Council either strike Item G or grandfather in its existing <br />businesses. City Attorney Riggs cautioned the Council from grandfathering in the existing <br />businesses as the Ordinance would then be difficult for the Police Department to uniformly <br />enforce. The better option would be to strike Item G. <br /> <br />AMENDMENT MOTION/SECOND: Flaherty/Mueller. To Strike Item G from Ordinance 889. <br /> <br />Mayo r Flaherty commented he spoke with Mr. Gaieth prior to the meeting and understood he <br />was running an upstanding business in Mounds View and has done so for the past five years. <br /> <br />Council Member Mueller added that by banning certain products would drive customers from <br />Mounds View to surrounding communities. <br /> <br />Council Member Gunn did not want the City to hurt its existing businesses. However, she <br />believed the Council would have to address this issue at some point in the future. <br /> <br />Council Member Meehlhause supported the direction of the Council but stated the business <br />owners could be impacted by a future City Council if there was a need to implement necessary <br />procedures. <br /> <br /> Ayes – 5 Nays – 0 Motion carried. <br /> <br />AMENDED MOTION/SECOND: Mueller/Gunn. To approve the Second Reading and Adopt <br />the Amended Ordinance 889, Striking Item G, Revising Chapter 512 of the Mounds View City <br />Code Pertaining to Cigarettes and Tobacco and direct staff to publish the Ordinance summary.