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Mounds View City Council July 28, 2014 Regular Meeting Page 7 1 E. Resolution 8286, Consideration of a Tobacco Business License to Babelon, 2 Inc., Doing Business as Sam’s Food Market, located at 2408 County Road I. 3 4 Acting City Administrator Crane stated in April the Council approved a cigarette and tobacco 5 license for Sam’s Food Market contingent upon several conditions. She read the conditions in 6 full for the record. She explained that on May 15th staff sent a letter to Sam’s Food Market that 7 their license was about to expire on June 30th. The representatives at Sam’s Food Market had 8 until June 9th to provide staff with the license fee and application materials. Two weeks prior to 9 the license expiring, staff contacted Sam’s Food Market again requesting the license fee and 10 application materials. 11 12 Acting City Administrator Crane reported that one week prior to the license expiring City staff 13 contacted the City Attorney and had him contact Sam’s Food Market explaining that the tobacco 14 license would lapse in one week. She stated on June 30th staff drafted a letter to Sam’s Food 15 Market informing them the license would expire and that as of July 1st this establishment would 16 not be authorized to sell cigarettes or tobacco products. This letter was hand delivered by the 17 City’s code enforcement officer. 18 19 Acting City Administrator Crane commented that soon after delivery of this letter, a 20 representative from Sam’s Food Market came to City Hall with a blank check informing staff 21 that he was ready to pay for his tobacco license. Staff informed the gentleman that no application 22 materials had been received to date for the tobacco license and therefore could not be processed. 23 She advised that on July 3rd staff witnessed a tobacco sale at Sam’s Food Market. The police was 24 immediately dispatched as the sale occurred without a valid tobacco license. She explained that 25 the owner was cited for the violation. It was noted July 14th another compliance check was 26 conducted by the City and Sam’s Food Market did not make a tobacco sale. 27 28 Acting City Administrator Crane indicated staff received application materials and fees for a 29 tobacco license from Sam’s Food Market on July 21st. A. background check was completed and 30 there was an inconsistency with the Babelon, Inc. corporate address. She consulted with the City 31 Attorney regarding this matter. She recommended the Council discuss the matter in detail and 32 direct staff on how to proceed. 33 34 Mayor Flaherty noted that there were no representatives from Sam’s Market available this 35 evening. For this reason, he recommended the case be postponed. 36 37 MOTION/SECOND: Flaherty/Meehlhause. To Postpone discussion on this item to a future City 38 Council meeting. 39 40 Council Member Mueller expressed concern with postponing discussion given the fact there 41 were people in attendance that wished to speak on the case. 42 43 City Attorney Riggs advised that the Council could rescind the motion and take public 44 comments. He reported that this was not a public hearing. 45