2016-03-08 P & Z Packet - Laserfiche WebLink

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businesses in Minnesota to open and advertise "Hookah Bars" or "Hookah Lounges" where customers are allowed to smoke indoors. In order to comply with the law, shops have to prove that they met all the requirements of a "Tobacco Product Shops": "The retail establishment must have an entrance door opening directly to the outdoors. [and} Greater than 90 percent of the shop's gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. [and] `Tobacco Products Shop' does not mean a tobacco department or section of any individual business establishment with any type of liquor, food or restaurant license." — From Minnesota Department of Health Fact sheet, Freedom to Breathe in Tobacco Products Shops: How the Minnesota Clean .indoor Air Act applies to Tobacco Product Shops Currently, the communities of St. Paul, Minneapolis, Little Canada and Columbia Heights allow indoor smoking in stores which meet the definition of "Tobacco Product Shop" in the Freedom to Breathe Act. These stores include Flamezzzz in Minneapolis, The Hookah Hideout in Little Canada, as well as others in St. Paul and Columbia Heights. Recently, in an article in the High Plains Reader, the owner of Pyromaniacs stated that he intends to Men a hookah bar in Moorhead. Communities confronting this new reality have done one of two things. First, they have defined "Tobacco Product Shop" in their cities and then they have allowed or banned indoor smoking, even for the purpose for samples MOVING FORWARD: If the Council would like to examine changing tobacco licenses or zoning restrictions, we will need to give a 3O days notice to all tobacco license holders. Some actions to be considered might include: * Adoption of a definition for a "Tobacco Product Shop" or its equivalent as defined by the Freedom to Breathe Act. • New licensing application with more information required and description of business to be licensed. • Restrictions on tobacco licenses or "Tobacco Product Shops" in certain zoning districts in the city. ■ Possible proximity restrictions on "Tobacco Product Shops" or on all tobacco licenses. • Restrictions on advertisement and signage for "Tobacco Product Shops" or all tobacco licensees in the City. • Allowance or banning of "sampling" in establishments which meet the definition of "Tobacco Product Shop".