CR2002-075 tobacco license 12 suburban square
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May 2, 2002 Council Report 2002 - 75
Approve a Tobacco Sales License
For 12 Suburban Square
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Proposed Action
Staff recommends adoption of the following motion: Move to approve a tobacco sales
license for 12 Suburban Square with the condition that a satisfactory inspection is
conducted prior to opening.
Overview
At the Council Meeting on April 2, 2002, the applicant requested a Zoning Amendment
to allow tobacco sales as a primary use in a B-3 zoning district. The Zoning
Amendment was denied. Tobacco is, however, allowed in the B-3 zoning district as an
accessory use. On April 16, 2002, application was made for a tobacco sales license as
an accessory use. Council continued the item for more information.
. Primary Issues to Consider
. How is accessory use defined
. How will the Zoning requirements be enforced
Supportin~ Documents
. Scaled drawing showing the layout of the retail space
. Statement from the applicant that tobacco products will not be displayed on
more than 40% of the retail space
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Terry Obermaier, City Clerk
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r Financial Impact: $ Budgeted: Y/N Source:
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I Related Documents (CIP, ERP, etc.):
Notes:
C(lUl1ct! Rt'pnrt 2002 - 75
Pa~c 1
. Primary Issues to Consider
. How is accessory use defined?
According to the Zoning Ordinances, the square footage of an accessory use would
have to be smaller that the principal use. Also, there must be merchandise in the
various areas. In this situation, the applicant has agreed to use 60% of the floor space
as primary use, gift items, and 40% of the space for tobacco sales. The applicant is
aware that the issuance of the license is based on this percentage of use. It appears,
from the drawing submitted and conversations with the applicant, that approximately
twenty-seven square feet of floor space are tobacco use and that approximately ninety-
three square feet are being used for gifts. At that ratio, twenty-seven percent of used
floor space is for tobacco.
. How will the zoning requirements be enforced?
The display of merchandise in all areas must be displayed equally in density. If space
were empty or sparsely displayed, that space would be considered empty space and
would not be counted in either the gift or tobacco category. It would be visually obvious
if the secondary use were too great. The business will be inspected in order to assure
compliance. The store will be inspected before the license is issued to assure that the
. zoning requirements are being met.
. Alternatives
1. Approve the license with the condition that the store is inspected before the license
is issued.
2. Do not approve the license
3. Continue for more information
Staff recommends alternative one.
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. l'hnnc (I, 12)202-0Il3
may/21m
lam wmmg thIs lettcr to mform the city of hopkms of my complete under standlllg to thc conditIon of
my license at the suburban square location in which 60% of the space will be used for the following:
1 )phone cads 2}pop :; )tapt-"Stry 4 )giRs 5 )candies 6)insCfise 7)canuy ,40\% of the space going to be used
tor tobacco product.
On page t~Ii"'!O iam shovr'lng the layout plane for the store.
Sincerely
T ~~ rek '.~J E!Z'.},J~Z
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