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CR 07-031 Deny Application for a License to Sell Tobacco, Back Door Tobacco, 1023 Mainstreet-~ .. March 15, 2007 R@Vis2d Council Report 2007-031 Deny the Application for a License to Sell Tobacco, Back Door Tobacco, 1023 Mainstreet Proposed Action Staff recommends adoption of the following motion to Adopt Resolution 2007-021, making findings of fact and placing a freeze on the approval or issuance of new licenses for the sale of tobacco or tobacco products. Overview Back Door Tobacco, currently located at 813 Mainstreet, has applied for a license to sell tobacco products at 1023 Mainstreet. The owners, Hatim Sadig and Ahmed Wahbi, are currently leasing space at the 813 location and wish to move the business to the 1023 location. The resolution has two purposes. The first purpose is to put a freeze on consideration of any applications for a license to sell tobacco products. The second purpose is to deny Back Door Tobacco's application. Primary Issues to Consider Because of the morritorium, staff is recommending that the City Council deny the application. Supporting Documents • Full application is available at the City Clerks office. C~%~i~ihiG~~li<J Terry Obermaier, City Clerk Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2007-021 A RESOLUTION MAKING FINDINGS OF FACT AND PLACING A FREEZE ON THE APPROVAL OR ISSUANCE OF NEW LICENSES FOR THE SALE OF TOBACCO OR TOBACCO PRODUCTS WHEREAS, on March 20, 2007, the City Council of the City of Hopkins approved the first reading of Ordinance No. 2007-988, which is an Interim Ordinance placing a moratorium on the sale of tobacco or tobacco products as a permitted or accessory use within the City of Hopkins. WHEREAS, the Background and Findings contained in Section 1 of Ordinance No. 2007-988 are hereby approved and incorporated in this Resolution in their entirety. WHEREAS, Ordinance No. 2007-988 will not be effective until the City Council has approved the Ordinance for second reading and the Ordinance has been published. WHEREAS, there is a need to immediately suspend and freeze the approval and issuance of new licenses for the sale of tobacco or tobacco products until the effective date of Ordinance No. 2007-988 for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City of Hopkins while the planning study provided for in Ordinance No. 2007-988 is being conducted. NOW, THEREFORE, the City Council of the City of Hopkins, Minnesota, hereby adopts the following Resolutions: RESOLVED, that commencing on the date of adoption of this Resolution and continuing until the effective date of Ordinance No. 2007-988 no new licenses for the sale of tobacco or tobacco products shall be issued nor any application be accepted for such a license. This freeze 1 and prohibition does not apply to license renewals for existing licenses for the sale of tobacco or tobacco products at their current licensed locations. FURTHER RESOLVED, that, for the reasons stated in this Resolution and for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City of Hopkins while the planning study provided for an Ordinance No. 2007-988 is being conducted, the application for a license to sell tobacco at 1023 Mainstreet, Hopkins, for Back Door Tobacco is hereby denied. Adopted this 20th day of March, 2007, by the City Council of the City of Hopkins, Minnesota. Eugene Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk 2