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City Council Mnutes <br />July 16, 2007 <br />Page 14 <br />The applicant stated he didn't realize his conviction was a misdemeanor. __ • <br />Councilmember Farber questioned the applicant about his other shop and the products he <br />sells. <br />Mr. Peplinski stated it is a tobacco shop with a hookah bar. <br />MOVED BY COUNCILMEMBER FARBER AND SECONDED BY <br />COUNCILMEMBER ZERWAS TO DENY A TOBACCO LICENSE TO DAMON <br />AND BEN, INC. BASED ON THE FOLLOWING FINDINGS: <br />1. APPLICANT DOES NOT MEET THE CITY STANDARD FOR GOOD <br />MORAL CHARACTER AS SET FORTH IN SECTION 3&1 OF THE CITY <br />CODE DUE TO PROVIDING FALSE INFORMATION ON HIS <br />APPLICATION AND BEING UNABLE TO SERVE THE PUBLIC IN A <br />FAIR, HONEST, AND OPEN MANNER <br />2. APPLICANT PROVIDED FALSE INFORMATION ON HIS APPLICATION <br />AS SET FORTH IN SECTION 26-63 (4) OF THE CITY CODE. <br />MOTION CARRIED 5-0. <br />Councilmember Motin stated that the application may come back again for Coundl to <br />consider and he is concerned about the city's ordinance and whether certain products can be <br />prohibited. <br />Mr. Beck stated he needs to check to see what type of restrictions would be allowed in the . <br />ordinance. He stated one issue the city should address is the proximity of tobacco shops to <br />schools. <br />Couacilmember Motin noted that there is another smoke shop in town that is near a school. <br />Mr. Beck stated the Council could change the ordinance and the current shop could be <br />grandfathered. <br />Mayor Klinzing stated with the new Freedom to Breath Act allowing cities to enforce more <br />stringent measures for second hand smoke the city may want consider eliminating smoking <br />in tobacco shops. <br />Councilmember Farber would like to see if there is anything the city can do to eliminate <br />paraphernalia <br />Councilmember Zerwas mentioned that state legislators were considering legislation on <br />paraphernalia and he recommended a letter be seat to representatives. <br />Councilmember Farber concurred. <br />MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY <br />COUNCILMEMBER FARBER TO IMPOSE A SIX MONTH MORATORIUM <br />ON RETAIL SALES OF SMOKING SUPPLIES WHERE IT IS THE PRIMARY <br />PURPOSE OF THE BUSINESS AND DIRECT STAFF TO INVESTIGATE AND . <br />CHANGE THE CITY'S ORDINANCE AS DISCUSSED ABOVE. MOTION <br />CARRIED 5-0. <br />