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City Council Minutes Page 7 December 17, 2007 ----------------------------- having the revocation hearing held before an independent hearing examiner, who could make a recommendation to the City Council. He stated the Council could make a decision at that point on whether to revoke the license. Mr. Beck stated that Mr. Wazwaz pled guilty to a felony charge but has yet to be sentenced and the issue before the city is whether the revocation would be valid because Mr. Wazwaz hasn’t been sentenced yet. He noted there would be costs involved with the revocation of this license. Councilmember Farber stated he would like to proceed with the revocation process as quick as possible. Councilmember Gumphrey concurred. Councilmember Motin concurred but questioned if the hearing examiner could make a determination based on whether there is a sentence or not. Mr. Beck stated the city could make the request. Councilmember Farber questioned why there is an issue with having a revocation hearing when someone pled guilty to a crime. Mr. Beck stated the law is unclear as to whether you are a felon once you have pled guilty to the crime or whether you are a felon at the time of sentencing. He stated there is some argument that can be made to support the city’s case. Mayor Klinzing stated it is Council consensus to proceed to a revocation hearing. Mr. Beck stated the Council needs to act on the renewal and staff recommends approving the renewal until the revocation hearing can take place. Greg Herrick, Attorney for Mr. Wazwaz, 6401 University Avenue, Fridley, Suite 301- Stated Mr. Wazwaz is selling his business and the new owner was not allowed to apply for a tobacco license due to the city’s moratorium on tobacco licenses; therefore Mr. Wazwaz had to reapply for the license renewal. He asked the Council to waive the moratorium in order to allow the new owner a license. He stated Mr. Wazwaz would then have no interest in the business. He stated the moratorium extension did not follow the public hearing and written finding requirements per MN Statute 462.355, sub. 4. Robert M. Pearson, Attorney for Mr. Sadeq-Stated Mr. Sadeq has no connection, either socially or professionally, with the current owner, Mr. Wazwaz. He stated Mr. Sadeq tried to rush the application process in order to meet his contractual obligations under the purchase agreement. He suggested allowing Mr. Sadeq to apply for a tobacco license and to process a background check on him. He stated the purchase agreement was entered into prior to the moratorium. Councilmember Farber questioned the city attorney regarding Mr. Herrick’s comments about the city not following proper procedure for the moratorium process. Mr. Beck stated the statute Mr. Herrick referred to is for zoning ordinance moratoriums and the tobacco moratorium is a licensing ordinance moratorium and therefore does not require a public hearing. He stated the tobacco moratorium is valid. He further stated the Council could grant a waiver from the moratorium to a specific individual.