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<br /> <br />According to our ordinance Chapter 38, Article I Section 38-1 regarding Licenses and Business Regulations and <br />Determination of Moral Character. <br /> <br />. . . the phrase "good moral character" or "moral Character" shall be construed to mean the propensity of <br />the person to serve the public in the licensed area in a fair, honest, and open manner. A judgment of guilt <br />in a criminal prosecution or a judgment in a civil action may be used as evidence in the determination and <br />when so used the person shall be notified and shall be permitted to rebut the evidence by showing that: <br /> <br />(1) At the current time he has the ability to, and is likely to, serve the public in a fair, honest, and <br />open manner; or <br />(2) He is rehabilitated, or that the substance of the former offense is not reasonable related to the <br />occupation for which he seeks a license or permit. <br /> <br />If the license is approved from this point, following is more information regarding another tobacco shop <br />that Mr. Peplinski owns and the Council should be aware of. <br /> <br />Miscellaneous I,!formation <br />Mr. Peplinski owns another tobacco shop known as The Piecemakers in Minneapolis under a different <br />corporation. The City of Minneapolis indicated the shop is a head shop, it is clean and they've had no <br />issues with them with the exception of one complaint regarding loud music and smoke fumes outside of <br />the shop. This was due to an annual event the shop holds. <br /> <br />The web site for the Minneapolis shop states it is a head shop. They have a hookah bar at the shop <br />whereby customers are allowed to smoke. A hookah is an ornate type of water pipe used for smoking <br />many types of substances such as exotic tobaccos. It is unclear whether the new smoking law (known as <br />the Freedom to Breath Act of 2007) permits smoking in tobacco shops and it is unclear if the applicants <br />intend to offer this type of service at the Elk River location. As of the writing of this memo I was waiting <br />for information from a contact at the League of Minnesota Cities and if the Council decides to proceed <br />with approving the license I may have more information available at the meeting on Monday. <br /> <br />Staff Direction <br />~ <br />The Freedom to Breath Act does have a section that states nothing in the statute prohibits cities from <br />enacting and enforcing more stringent measures to protect individuals from secondhand smoke. If the <br />Council would like to eliminate smoking from tobacco shops or in other areas, please give staff direction <br />to proceed with an ordinance amendment. <br /> <br />Financial Impact <br />N/A <br /> <br />Attachments <br /> <br />· Secretary of State Registration <br />· Website data from The Piecemakers in Minneapolis <br /> <br />s: \Council\City Clerk\ Tobacco\2007\Piecemaker.doc <br />