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City Council Regular Meeting Minutes March 22, 2011 Page 4 City Attorney Gilligan stated that this is correct and noted that this provision will be modified slightly for the second reading. 4 Councilmember Roth requested clarification regarding § 111.049(F) and asked if the City would 5 deny a license to sell tobacco to someone who rents space and is not the property owner. 6 7 City Attorney Gilligan replied in the affirmative. 8 9 Mayor Faust stated that this provision was added because most businesses pay a common area 10 maintenance charge that includes property taxes and this will protect the City in the event 11 property taxes are delinquent. 12 13 Mr. Eric Brever, attorney for Flameez Shop, 3805 Stinson Boulevard, appeared before the City 14 Council and stated that his client feels frustrated by this process and objects to § 111.057 relating 15 to sampling. He explained that as part of obtaining its license, his client was required to expend 16 approximately $180,000 to upgrade the ventilation system for its leaseholder as a requirement of 17 the City Code in order to open its tobacco shop. He stated that under the new ordinance, his 18 client's business will not be in existence and the $180,000 expense will be for naught. He added 19 that his client would not have upgraded the ventilation system had they known this ordinance 20 amendment was coming, and his client strongly urged the City Council to reconsider allowing 21 this use for existing licensees. 22 23 Councilmember Roth stated it was his understanding that the definition of sample means that 24 something is free and asked Mr. Brever if his client offers free samples. He also asked how this 25 ordinance would put Mr. Brever's client out of business. 26 27 Mr. Brever stated that the statutory definition of sample does not require that it be free. He 28 added that with tobacco products, samples generally have to be paid for and cannot be given 29 away. He indicated that the definition of sample includes to "try or taste or test" and this "try or 30 taste or test" could be for a fee, and his client provides sampling for a fee. 31 32 Mayor Faust stated that when Mr. Brever's client applied for its tobacco license, the City 33 instituted a moratorium to study sampling in tobacco shops and that moratorium should have 34 indicated to Mr. Brevet's client whether it was prudent to spend $180,000 to upgrade the 35 ventilation system. He added that nine of the eleven tobacco license holders do not offer 36 sampling and the proposed amendments will serve to level the playing field and meet the intent 37 of the City Council. 38 39 Motion by Councilmember Roth, seconded by Councilmember Stille, to approve Ordinance 11- 40 001; Relating to Regulation of Tobacco Sales, Amending Section 111 of the St. Anthony City 41 Code. 42 43 City Attorney Gilligan suggested that § 111.057 be amended to read "§ 111.057 °DLC 44 SMOKING PROHIBITED. It shall be unlawful for the 45 lighting, inhalation, exhalation or combination thereof of tobacco, tobacco products, or tobacco