HomeMy WebLinkAbout12612RESOLUTION NO. 12612
A RESOLUTION APPROVING THE GRANTING OF A
PROVISIONAL NON-CIGARETTE TOBACCO RETAILER
LICENSE TO DYNAMIC ADVERTISING AND BUSINESS
CONSULTANTS, INC., D/B/A THE MAN SHOP – CIGARS AND
MORE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City Council desires to support small local businesses within Pueblo. The City
Council finds and determines that strict application of Pueblo Municipal Code §9-15-4(A)(2)
would preclude Dynamic Advertising and Business Consultants, Inc., d/b/a The Man Shop –
Cigars and More, owned and operated by Mr. Sam Grassmick, from doing business within the
Pueblo City limits. Mr. Grassmick’s situation is unique because his mobile business was
established prior to the enactment of Chapter 15 of Title IX. The City will not grant licenses to
any other mobile non-cigarette tobacco retailers. Provisional licenses will not be allowed to any
other retailers. Therefore, City Council approves the Provisional Non-Cigarette Tobacco
Retailer License to Dynamic Advertising and Business Consultants, Inc., d/b/a The Man Shop –
Cigars and More, owned and operated by Mr. Sam Grassmick, with conditions, as attached in
Exhibit A.
SECTION 2.
The officers of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution and attached Provisional Non-Cigarette Tobacco
Retailer License which are necessary or desirable to effectuate the transactions described
therein.
SECTION 3.
This Resolution shall become effective upon passage and approval.
INTRODUCED: March 11, 2013
BY: Chris Nicoll
“EXHIBIT A”
By this Resolution, Dynamic Advertising and Business Consultants, Inc., d/b/a The Man Shop –
Cigars and More, owned and operated by Mr. Sam Grassmick, would be granted a provisional
license to sell non-cigarette tobacco products within the City of Pueblo with the following
conditions:
1. The provisional license is valid for only one mobile unit currently owned by Dynamic
Advertising and Business Consultants, Inc., d/b/a The Man Shop – Cigars and More,
owned and operated by Mr. Sam Grassmick;
2. The provisional license is not transferrable and will automatically terminate upon the
closure, sale or transfer of the mobile unit and/or non-cigarette tobacco business;
3. The provisional license will automatically, and without prior notice, terminate if
Dynamic Advertising and Business Consultants, Inc., d/b/a The Man Shop – Cigars
and More, fails to renew his business license and/or permits on an annual basis;
4. The provisional license will automatically, and without prior notice, terminate if
Dynamic Advertising and Business Consultants, Inc., d/b/a The Man Shop – Cigars
and More fails to pay applicable City or State taxes;
5. The provisional license will terminate if Dynamic Advertising and Business
Consultants, Inc., d/b/a The Man Shop – Cigars and More fails to conduct business
within the City limits for more than one year;
6. In conducting his non-cigarette tobacco business, Dynamic Advertising and Business
Consultants, Inc., d/b/a The Man Shop – Cigars and More must comply with all
applicable federal, state, and local laws and regulations;
7. Dynamic Advertising and Business Consultants, Inc., d/b/a The Man Shop – Cigars
and More must restrict entry to his mobile unit to only those over eighteen (18) years
of age; and
8. Dynamic Advertising and Business Consultants, Inc., d/b/a The Man Shop – Cigars
and More must provide the City Clerk, on the first working day of each month, a list
of the locations from which Mr. Grassmick will be operating his business that month
and the dates on which he will be at each location.
Background Paper for Proposed
RESOLUTION
DATE: March 11, 2013AGENDA ITEM # M-8
DEPARTMENT: LAW DEPARTMENT
DANIEL C. KOGOVSEK, CITY ATTORNEY
TITLE
A RESOLUTION APPROVING THE GRANTING OF A PROVISIONAL NON-CIGARETTE
TOBACCO RETAILER LICENSE TO DYNAMIC ADVERTISING AND BUSINESS
CONSULTANTS, INC., D/B/A THE MAN SHOP – CIGARS AND MORE
ISSUE
Should City Council approve a provisional non-cigarette tobacco retailer license for Dynamic
Advertising and Business Consultants, Inc., d/b/a The Man Shop – Cigars and More?
BACKGROUND
On November 12, 2012, City Council enacted a new Chapter 15 of Title IX of the Pueblo
Municipal Code relating to the licensing of non-cigarette tobacco retailers. Chapter 15 requires
that all non-cigarette tobacco retailers within the City of Pueblo obtain a license from the City
Clerk in order to sell non-cigarette tobacco products. The licensing requirement was effective
March 1, 2013.
Pursuant to §9-15-4 of the Pueblo Municipal Code, no license may be issued to a non-cigarette
tobacco retailer anywhere other than at a fixed location. Non-cigarette tobacco product retailing
by persons on foot or from vehicles is prohibited.
Dynamic Advertising and Business Consultants, Inc. d/b/a The Man Shop – Cigars and More,
owned and operated by Sam Grassmick, is a mobile non-cigarette tobacco retailer. Mr.
Grassmick attended the City Council Meeting on February 11, 2013 and asked City Council to
grant him a provisional license that would allow him to continue doing business in the City of
Pueblo. Mr. Grassmick has been conducting his mobile cigar business in Pueblo for 1 ½ years
and sells non-cigarette tobacco within the City limits of Pueblo one day a week at two or three
different locations. Strict application of Chapter 15 would preclude Mr. Grassmick from
continuing his business within the City of Pueblo.
By this Resolution, Dynamic Advertising and Business Consultants, Inc. would be granted a
provisional license to sell non-cigarette tobacco products within the City of Pueblo with the
following conditions:
1. The provisional license is valid for only one mobile unit currently owned by Dynamic
Advertising and Business Consultants, Inc., d/b/a The Man Shop – Cigars and More,
owned and operated by Mr. Sam Grassmick;
2. The provisional license is not transferrable and will automatically terminate upon the
closure, sale or transfer of the mobile unit and/or non-cigarette tobacco business;
3. The provisional license will automatically, and without prior notice, terminate if
Dynamic Advertising and Business Consultants, Inc., d/b/a The Man Shop – Cigars
and More, fails to renew his business license and/or permits on an annual basis;
4. The provisional license will automatically, and without prior notice, terminate if
Dynamic Advertising and Business Consultants, Inc., d/b/a The Man Shop – Cigars
and More fails to pay applicable City or State taxes;
5. The provisional license will terminate if Dynamic Advertising and Business
Consultants, Inc., d/b/a The Man Shop – Cigars and More fails to conduct business
within the City limits for more than one year;
6. In conducting his non-cigarette tobacco business, Dynamic Advertising and Business
Consultants, Inc., d/b/a The Man Shop – Cigars and More must comply with all
applicable federal, state, and local laws and regulations;
7. Dynamic Advertising and Business Consultants, Inc., d/b/a The Man Shop – Cigars
and More must restrict entry to his mobile unit to only those over eighteen (18) years
of age; and
8. Dynamic Advertising and Business Consultants, Inc., d/b/a The Man Shop – Cigars
and More must provide the City Clerk, on the first working day of each month, a list
of the locations from which Mr. Grassmick will be operating his business that month
and the dates on which he will be at each location.
Mr. Grassmick presents a unique situation because his mobile business was established prior to
the enactment of Chapter 15 of Title IX. The City will not grant licenses to any other mobile
non-cigarette tobacco retailers. Provisional licenses will not be allowed to any other retailers.
RECOMMENDATION
Approve the Resolution.
FINANCIAL IMPACT
The City will receive a license fee in the amount of $100 from Mr. Grassmick on an annual basis
so long as Dynamic Advertising and Business Consultants, Inc., d/b/a The Man Shop – Cigars
and More meets the conditions of this provisional license.