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Item No. 07E <br />Type of Business: CB <br />Meeting Date: May 12, 2008 <br />City Administrator Review: ______ City of Mounds View Staff Report <br />To: Honorable Mayor and City Council <br />From: Desaree Crane, Assistant t City Clerk-Administrator <br /> <br />Item Title/Subject: Resolution 7272, Approving a Tobacco/Cigarette <br />License for Vino and Stogies located at 2345 County Rd <br />H2 (doing business as Mounds View Cigar Shop) <br /> <br />Vino and Stogies, located at 2345 County Road H2, has a current Tobacco/Cigarette <br />License with the City. Robert Waste, Jr., the current owner of Vino and Stogies, has a <br />separate area in his establishment where he sells cigars. Mr. Waste is requesting to <br />have customers sample his cigar products by smoking the samples inside his store. <br />According to the provisions of the Freedom to Breathe Act (signed into law by Governor <br />Pawlenty in 2007), the law allows for the lighting of tobacco within the indoor area of a <br />tobacco product shop “by a customer or potential customer for the specific purpose of <br />sampling tobacco products.” Criteria must be met for a retail establishment to allow <br />the lighting of tobacco for the purpose of sampling. Criteria includes: <br /> <br />• The retail establishment must have an entrance door opening directly to the <br />outdoors. <br /> <br />• Greater than 90 percent of the shop’s gross revenue must be from the sale of <br />tobacco, tobacco products or smoking related accessories. <br /> <br />• “Tobacco Products Shop” does not mean a tobacco department or section of any <br />individual business establishment with any type of liquor, food or restaurant <br />license. <br /> <br />According to the Minnesota Department of Health, Mr. Waste must separate his cigar <br />business from his liquor business in order to allow sampling. In order to accomplish <br />this, Mr. Waste must have two tobacco/cigarette business licenses from the City; one <br />for the liquor side of the business and one for the cigar area. Mr. Waste does have his <br />cigar shop separated from his liquor store. There is a wall between the liquor store and <br />the cigar shop. Mr. Waste will be naming his cigar business Mounds View Cigar Shop <br />and the business will be located in the same building as the liquor store. Attached are <br />pictures for your reference. <br /> <br />The Freedom to Breathe Act will also require Mr. Waste to post signage inside all <br />entrance areas that states: “Smoking is prohibited, except in designated areas. In <br />addition, any locations within a tobacco products shop where sampling is allowed must