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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2 City Council Regular Meeting Minutes March 27, 2012 Page 2 A. Revocation of Cigarette &'tobacco License for Flamezz Hookah Lounge located at 3805 Stinson Blvd. Mayor Faust opened the public hearing at 7:05 p.m. Police Chief Ohl presented a timeline of enforcement actions related to the April 26, 2011, adoption by the City Council of an Ordinance disallowing sampling. He advised that throughout 2011 and 2012, the Police Department conducted multiple compliance checks at Flamezz Hookah Lounge. He stated that on June 2, 2011, and June 10, 2011, officers found individuals smoking from hookahs and Mr. Kiblawi was charged by formal complaint and citation. tle indicated on December 8, 2011, the City received a favorable ruling from Ilennepin County that the City's Ordinance was in compliance with State law and on December 15, 2011, another compliance check found individuals smoking from hookah pipes inside the business. tIe advised that following a compliance check on February 13, 2012, Mr. Kiblawi was charged with an Ordinance violation and on February 25, 2012, Mr. Kiblawi was charged with a violation of the State's Clean Indoor Air Act. He added that on March 10, 2012, a plainclothes check by officers for one hour found people smoking from hookahs including refilling of the hookah pipes. Mr. Eric Brever, 2812 Anthony Lanc South, appeared before the City Council and stated he represents Flamezz Hookah and Mr. Kiblawi. He stated they oppose the City's recommended motion and urged the City Council to continue his client's license. He explained this issue began in February 2010 when his client met with City staff to explain he wanted to open a hookah lounge; during that meeting, they discussed the Clean Indoor Air Act as well as sampling and ultimately, the City gave its okay as other cities have allowed sampling and it is permitted under the Clean Indoor Air Act. 1- le indicated his client installed a special HVAC ventilation system to mitigate the second hand smoke as required by City staff and in late May, a Certificate of Occupancy was issued followed by a tobacco license on June 24, 2010. He stated that the June 22, 2010 City Council agenda was the first mention his client had that there was an issue with the indoor smoking, after he had spent considerable money and after his license was issued. He stated in early 2011, the City provided notice of'an amendment to the tobacco ordinance, which Flamezz Hookah opposed at three separate readings, including his client's belief that the Ordinance may not be upheld or enforceable. He stated that the 2011 charges were tried last week and his client was acquitted by a jury of the misdemeanor violations of the City's tobacco ordinance. He indicated they have long protested the City's position on the ordinance and felt the ordinances were targeted to eliminate his client's business. He stated that his client retains all legal rights, including attorney's fees, based on the City Council's action this evening, and urged the City Council to reissue the tobacco license to his client. Ms. Rosalie Hall, 3850 Stinson Boulevard, appeared before the City Council and stated she lives across the street from Flamezz Hookah. She expressed frustration about the amount of noise coming from the business at 1:30 or 2:00 a.m. when a number of customers come out of the building and use their beeping remote controls to unlock their cars, as well as the amount of talking and laughing. She stated she lives in a senior building and they cannot have their windows open in the summer because of all the noise. She indicated the Police Department has been great but frequently by the time the Police arrive, the customers have left the parking lot. She indicated a lot of their residents are disabled and they are afraid to call the Police because