Laserfiche WebLink
21 <br />W OORSEY <br />MEMORANDUM <br />TO: Mayor and Members of City Council <br />Mark Casey, City Manager <br />FROM: Jay R. Lindgren, City Attorney <br />DATE: March 20, 2012 <br />RE: March 27 hearing regarding Flamezz Hookah Lounge Temporary Cigarette & <br />Tobacco License <br />On March 27, 2012, the City of Saint Anthony Village (the "City") will conduct a hearing <br />regarding the potential revocation of the Temporary Cigarette & Tobacco License currently held <br />by Flamezz Hookah Lounge. This memorandum serves to summarize the law the City Council <br />should consider regarding tobacco licenses when conducting the public hearing and in reaching <br />a decision. <br />The Law Governing Tobacco Licenses in the City <br />The law governing tobacco licenses in the City, as it pertains to this hearing, involves <br />sections of the City Code, Minnesota state law, and a recent Hennepin County District Court <br />decision. <br />City Code <br />The City addresses tobacco licenses in sections 111.045 through 111.057 of its City <br />Code. Generally, "[n]o person may directly or indirectly or by means of any device keep for <br />retail sale, sell at retail, offer to sell or otherwise dispose of any tobacco, tobacco products, or <br />tobacco related devices, at any place in the city unless a license has first been issued by the <br />City Council ...." <br />Section 111.057 of the City Code specifically addresses smoking within retail <br />establishments. The original version of section 111.057, passed on April 26, 2011, provided <br />that it "shall be unlawful for the lighting, inhaling, exhaling or combination thereof of tobacco, <br />tobacco products, or tobacco related devices by any person in any retail establishment." <br />The current version of section 111.057, passed on January 24, 2012, retains the <br />ordinance's prior language and additionally makes it unlawful "for any person that owns, leases, <br />manages, operates or otherwise controls the retail establishment to allow such [lighting, <br />inhaling, exhaling or combination thereof of tobacco, tobacco products, or tobacco related <br />devices by any person in any retail establishment] to occur." <br />Minnesota Statutes <br />The Minnesota Clean Indoor Air Act (Minnesota Statutes sections 144.411 through <br />144.417) was enacted "to protect employees and the general public from the hazards of <br />UORSI'_Y 6 \NW iN$ Y I.i.P <br />