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City Council Regular Meeting Minutes April 12, 2011 Page 2 2 None. 4 VI. GENERAL BUSINESS OF COUNCIL. A. Ordinance 2011 -01; Amending the Tobacco Ordinance. Mike Morrison, City Manager, nresentine. 9 City Manager Morrison advised that this represents the Second Reading of the proposed 10 amendments to the tobacco ordinance and presented the staff report, legal opinion from counsel, 11 list of current tobacco license holders, and proposed revisions to the ordinance. He noted that the 12 only change made to the ordinance from the First Reading is contained in § 111.057, removing 13 the section title "Specific Operational Standards" and replacing it with "Smoking Prohibited," 14 and the paragraph under this section now reads "It shall be unlawful for the lighting, i"haletien 15 inhaling, exhaling or combination thereof of tobacco, tobacco products, or tobacco related 16 devices by any person for the purpose of testing or sampling a tobacco product prior to the sale 17 of such product." 18 19 Mr. Saeed Kablawi, owner of Flamezz Hookah, appeared before the City Council and stated his 20 disagreement with the proposed amendments. He indicated he has been conducting his business 21 since August of last year in a responsible, respectable fashion that serves to bring cultural change 22 in a diverse business, and he has been providing seven or eight jobs in the City. He expressed 23 concern that the proposed amendments will set a bad example for people wanting to invest or 24 open a business in the City, resulting in loss of tax revenue for the City. He stated that when he 25 opened his business, he did everything asked of him by the City, including the ventilation system 26 which cost him a lot of money. He requested that the City grandfather his business in as it 27 relates to this ordinance. He added that if the proposed amendment is passed, he is willing to 28 pursue legal recourse. He then recited a paragraph from a recent "Village Notes" publication 29 referencing the need for all of us to hear other points of view and to have a civil discussion. 30 31 Mr. Eric Brever, attorney Flamezz Hookah, appeared before the City Council and renewed his 32 objection to the proposed ordinance amendments. He requested that the City Council reconsider 33 the issue and apply the amendments to only new tobacco licensees. He stated that Mr. Kablawi 34 has put forth a lot of money in his business and his client is concerned that the amendments will 35 put him in a position to fight this politically and as a legal matter. He advised the City Council 36 that his client is considering pursuing legal action. 37 38 Ms. Rosalie Hall, 3815 Stinson Boulevard, appeared before the City Council and stated that her 39 apartment building is located across the street from Flamezz Hookah. She indicated that last fall, 40 there was a lot of noise as well as a fight in the parking lot and she contacted the Police 41 Department. She expressed concern that residents in her building are not able to have their 42 windows open at night because of yelling and noise coming from the business. She stated that 43 the Police hung a curfew sign but that has not helped. She indicated that the people coming out 44 of the business are loud, obnoxious, and the residents in her building should not have to listen to 45 that. She then presented a handwritten letter from several residents in her apartment building for 46 placement into the record.