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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.