Agenda Packets - 2014/12/08 - Laserfiche WebLink

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Mounds View City Council October 27, 2014 Regular Meeting Page 2 Mounds View City Code pertaining to cigarettes and tobacco. She commented that notices were 1 sent to all tobacco license businesses in the City. Staff recommended the Council take comments 2 from the public and adopt Ordinance 889. 3 4 Fayez Gaieth, 2539 County Road 10, in Mounds View Square, expressed concern with the 5 proposed revisions. He had an issue with the items being banned. It was his opinion that other 6 businesses in Mounds View were being asked to pay for Sam’s Market’s mistakes. He feared 7 that he would lose business due to the Code amendment. He reported that he was running a great 8 business in Mounds View and had no violations. He requested that the Council be fair with its 9 business owners. 10 11 Assistant City Administrator Crane stated that Tobacco View has requested a 30 to 60 day time 12 period in order to bring their shop into compliance with the new Ordinance. 13 14 Council Member Hull questioned what section of the Ordinance was of most concern to Mr. 15 Gaieth. Mr. Gaieth responded Item G. 16 17 Council Member Mueller requested further comment on this. Mr. Gaieth estimated that 20% of 18 his sales would be lost if he were required to comply with Item G. 19 20 Mayor Flaherty proposed the Council either strike Item G or grandfather in its existing 21 businesses. City Attorney Riggs cautioned the Council from grandfathering in the existing 22 businesses as the Ordinance would then be difficult for the Police Department to uniformly 23 enforce. The better option would be to strike Item G. 24 25 AMENDMENT MOTION/SECOND: Flaherty/Mueller. To Strike Item G from Ordinance 889. 26 27 Mayor Flaherty commented he spoke with Mr. Gaieth prior to the meeting and understood he 28 was running an upstanding business in Mounds View and has done so for the past five years. 29 30 Council Member Mueller added that by banning certain products would drive customers from 31 Mounds View to surrounding communities. 32 33 Council Member Gunn did not want the City to hurt its existing businesses. However, she 34 believed the Council would have to address this issue at some point in the future. 35 36 Council Member Meehlhause supported the direction of the Council but stated the business 37 owners could be impacted by a future City Council if there was a need to implement necessary 38 procedures. 39 40 Ayes – 5 Nays – 0 Motion carried. 41 42 AMENDED MOTION/SECOND: Mueller/Gunn. To approve the Second Reading and Adopt 43 the Amended Ordinance 889, Striking Item G, Revising Chapter 512 of the Mounds View City 44 Code Pertaining to Cigarettes and Tobacco and direct staff to publish the Ordinance summary. 45