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2 <br />1l <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />City Council Regular Meeting Minutes <br />March 22, 2011 <br />Page 4 <br />City Attorney Gilligan stated that this is correct and noted that this provision will be modified <br />slightly for the second reading. <br />Councilmember Roth requested clarification regarding § 111.049(F) and asked if the City would <br />deny a license to sell tobacco to someone who rents space and is not the property owner. <br />City Attorney Gilligan replied in the affirmative. <br />Mayor Faust stated that this provision was added because most businesses pay a common area <br />maintenance charge that includes property taxes and this will protect the City in the event <br />property taxes are delinquent. <br />Mr. Eric Brever, attorney for Flameez Shop, 3805 Stinson Boulevard, appeared before the City <br />Council and stated that his client feels frustrated by this process and objects to § 111.057 relating <br />to sampling. He explained that as part of obtaining its license, his client was required to expend <br />approximately $180,000 to upgrade the ventilation system for its leaseholder as a requirement of <br />the City Code in order to open its tobacco shop. He stated that under the new ordinance, his <br />client's business will not be in existence and the $180,000 expense will be for naught. He added <br />that his client would not have upgraded the ventilation system had they known this ordinance <br />amendment was coming, and his client strongly urged the City Council to reconsider allowing <br />this use for existing licensees. <br />Councilmember Roth stated it was his understanding that the definition of sample means that <br />something is free and asked Mr. Brever if his client offers free samples. He also asked how this <br />ordinance would put Mr. Brevet's client out of business. <br />Mr. Brever stated that the statutory definition of sample does not require that it be free. He <br />added that with tobacco products, samples generally have to be paid for and cannot be given <br />away. He indicated that the definition of sample includes to "try or taste or test" and this "try or <br />taste or test" could be for a fee, and his client provides sampling for a fee. <br />Mayor Faust stated that when Mr. Brever's client applied for its tobacco license, the City <br />instituted a moratorium to study sampling in tobacco shops and that moratorium should have <br />indicated to Mr. Brever's client whether it was prudent to spend $180,000 to upgrade the <br />ventilation system. He added that nine of the eleven tobacco license holders do not offer <br />sampling and the proposed amendments will serve to level the playing field and meet the intent <br />of the City Council. <br />Motion by Councilmember Roth, seconded by Councilmember Stille, to approve Ordinance 11- <br />001; Relating to Regulation of Tobacco Sales, Amending Section 111 of the St. Anthony City <br />Code. <br />City Attorney Gilligan suggested that § 111.057 be amended to read "§ 111.057 SPECIFIC <br />nnr, n n TRW n r cm n r,n n n r,e SMOKING PROHIBITED. It shall be unlawful for the <br />lighting, inhalation, exhalation or combination thereof of tobacco, tobacco products, or tobacco <br />0 <br />