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HomeMy WebLinkAbout2020-115 CCRadoption: Member Graves introduced the following resolution and moved its RESOLUTION N0.2020-115 RESOLUTION APPROVING A TOBACCO LICENSE APPLICATION FOR JAMBO AFRICA RESTAURANT WHEREAS, Ms. Simone Chambiiss ("Owner"), owner of the Jambo African Restaurant ("Restaurant"), inquired to the City in June 2018 about obtaining a tobacco license so customers can smoke hookah on the patio of the Restaurant; and WHEREAS, staff was unclear whether hookah was allowed as it is not specially addressed in the City Code, and so engaged in internal discussions over whether the use is allowed; and WHEREAS, on November 13, 2018 the City Council adopted Ordinance No. 2018-14 amending Chapter 23 of the City Code regarding tobacco; and WHEREAS, the ordinance added language to Section 23-103 restricting the number of licenses the City may issue in a year to 15, but allowing those with licenses obtained as of October 1, 2018 to continue to renew them even if they are in excess of 15 li Occense cap; and WHEREAS, after the ordinance went into effect, the Owner once again inquired about obtaining a tobacco license to allow hookah at the Restaurant, but the cap prohibited the issuance of any additional licenses; WHEREAS, the City Council hereby finds as follows: a. The Owner did not submit an application for a tobacco license; b. The Owner was clearly interested in obtaining a license prior to the adoption of the cap on the number of such licenses; c. Had the Owner applied for a tobacco license prior to the imposition of the cap it would have been issued; d. The uncertainty over whether hookah was allowed as part of a restaurant use under the City Code is likely why the Owner did not submit an application when she made her initial inquiry in June 2018, e. The City has determined the hookah use is currently not distinguishable from other tobacco uses allowed to occur at a restaurant with a tobacco license and would be allowed but for the cap on the number of licenses; £ Under the Clean Indoor Air Act, the use of tobacco is limited to outdoor spaces; g. While there was ample notice of the proposed amendments to the tobacco regulations, including the proposed cap, the City Council recognizes the Owner had sought out a license prior to the adoption of the cap and if the City had immediately responded to her about hookah being allowed at the Restaurant she would have likely obtained a license before the cap went into effect; RESOLUTION N0. 2020-115 h. The City Council supports the stricter regulations in Ordinance No. 2018-14, but does not want the timing of its adoption to result in the unfair treatment of the Owner in her on -going efforts to obtain a tobacco license for the Restaurant; and i. This is a unique situation and the approval of a tobacco license for the Restaurant does not serve as a basis for issuing a license to any other business in the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center as follows: 1. The City may accept an application for a tobacco license fiom the Owner for the Restaurant and, if the Owner is eligible for the license, is authorized to issue the license notwithstanding the limit on the number of licenses allowed in the City. 2. If issued, the license will have the same status under Section 23-103(11) of the City Code as a license issued as of October 1, 2018 and is eligible for renewal in the same manner as other tobacco licenses, 3. The issuance of a tobacco license for the Restaurant does not relieve the Owner fiom having to comply with all applicable federal, state, and local laws, rules, regulations, codes, and ordinances regarding the Restaurant and the use of the patio for hookah, 4. This approval does not affect the status of any other tobacco license in the City and does not authorize the issuance of any other additional licenses. 5. The City Clerk is authorized to take such actions as may be needed to carry out the intent of tMIS Resolution. November 23 2020 Date ATTEST: � � l City Clerlc Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Elliott and upon vote being taken thereon, the following voted in favor thereof: Butler, Elliott, Graves, Ryan and the following voted against the same: Lawrence -Anderson whereupon said resolution was declared duly passed and adopted.