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City Council Regular Meeting Minutes April 26, 2011 Page 3 1 Moonlight. He stated that this might put Wal -Mart or Cub at a disadvantage but it does not have 2 an effect on them because they are not eligible per the terms of this Statute. He stated that it 3 seems odd to protect those businesses against the competitive business practices of a local 4 business. He stated that there is no double standard and the ordinance is a problem. He disputed 5 the City Council's authority to pass the ordinance and the City Council is relying on § 144.417 to 6 enact a local ordinance to enforce the tobacco ordinance; however, it neglects the plain language 7 of § 144.4167 which does not prohibit the lighting of tobacco products by a customer or potential 8 customer. He reiterated that the City Council does not have authority to enact the ordinance as it 9 is. He stated that he has received calls from residents and the vast majority of them indicated 10 that the City Council is overreaching, and he and his clients agree. He requested that the City I 1 Council reconsider its approach and look at it in a manner of applying the ordinance only to new 12 licensees. He stated that the City required his client to spend a lot of money, per City Code, to 13 put forth a ventilation system that is top notch and the City now seeks to change the ordinance to 14 try to trump State Statute. He stated that he and his client have suggested a fair compromise and 15 his clients will drop their objection if the ordinance is limited to new licensees only. He 16 concluded his remarks by advising the City that his clients have no other option than to fight this 17 should the City Council continue on its current course of action. 18 19 Mr. Saeed Kiblawi, owner of Flamezz Hookah, appeared before the City Council and reiterated 20 Mr. Brever's statement that other licensees in the City cannot meet the 90% of gross revenue 21 requirement. He stated that he felt the double standard applied to him because the City required 22 him to remodel his space but now says he cannot operate his current business. 23 24 Mr. Bilal Haidari, 3937 Silver Lake Road, appeared before the City Council and stated that he 25 encouraged Mr. Kiblawi to start his business in St. Anthony. He indicated that from day one, 26 Mr. Mblawi has been up -front with the City about his tobacco store and the sampling, and the 27 City told him what would be required to open his business. He stated that the City wants to 28 change things after Mr. Kiblawi has spent that much money to build his future and make a decent 29 living, and he did not feel it was fair to take this from him. He stated that if the City felt that the 30 sampling was not acceptable, that should have been made clear from day one and the City should 31 have been up -front with him. He asked that the City Council be fair. 32 33 Councilmember Stille stated that the City Council has been struggling with this debate and the 34 City's moratorium over the past year. He indicated that the Statute says that people/businesses 35 can have tobacco shops and can light products for the specific purpose of sampling tobacco 36 products. He questioned how you compare sampling for other establishments to the sampling 37 taking place here. He advised that the City is not shutting down the business or forcing it to 38 close, and tobacco products can continue to be sold, but the practice of sampling prior to 39 purchase will not be allowed. He added that the City is removing the sampling because of 40 ambiguity in the statute. 41 42 Councilmember Gray agreed and stated if sampling were used in the context of a bar and it was 43 okay to sample beer in the event a customer wanted to purchase the beer, would that mean that 44 people would be allowed to hang around and drink beer there? He questioned whether that was 45 sampling. He stated it appears that people hang out at Flamezz Hookah and smoke, so then the 46 sampling is broadened to include hanging out there and smoking and not to see if the people