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24 <br />MEMORANDUM <br />1. Facts <br />Defendant, Saeed Nazeh Kibiawi, is the owner of Flamezz Hookah Lounge <br />(hereinafter Flamezz). Flamezz is located in the City of St. Anthony Village. In <br />February of 2010, Flamezz applied for and received a cigarette and tobacco license from <br />St. Anthony. After the tobacco license was acquired, customers of Flamezz were <br />lawfully permitted to sample tobacco products in the establishment. This was generjtiy <br />done through use of a hookah. <br />On April 26, 2011, the City of St. Anthony adopted ordinance §111.057, <br />provides, "7t shall be unlawful for the lighting, inhaling, exhaling or combination thereof <br />of tobacco, tobacco products, or tobacco related devices by any person in any retail <br />establishment." <br />On April 27, 2011, the City of St. Anthony sent a letter to Defendant, informing <br />him that ordinance § 111.057 had been ad )pted by the St. Anthony City Council. The <br />letter stated that the amendment to the Tobacco Ordinance would go into effect upon <br />publication of the ordinance in the City's legal newspaper on Wednesday, May 4, 20 <br />On June 2 and June 10, 2011, during St, Anthony inspector compliance checi:s, <br />individuals were observed smoking tobacco inside Flamezz. Defendant acknowledges <br />that on June 2" and June 10th, 2011, customers were in fact sampling a type of tobacco, <br />referred to as `sisha', at his place of business. <br />2 <br />