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January 23,2024 Page 5 of 7 The Public Hearing was closed at 7:12 p.m. Councilmember Allen requested further information on how business succession would work. riCity Clerk Spangrud described how existing businesses could be sold and ownership could be transferred without being effected by the new Ordinance. She reported licenses were tied to individuals and their location. City Attorney Sappe clarified these regulations were within the licensing realm and were not the same as a land use that was a legal non-conforming use. Councilmember Abdulle asked if the 1,000 foot buffer effects existing tobacco shops, or would this only impact new applicants. City Clerk Spangrud explained current license holders would be exempted. Those with current tobacco licenses could continue to operate at their existing location. However, if they want to move this would require a new license and they would then be subject to the 1,000 foot youth buffer. Councilmember Allen asked if children could be in the shop. City Attorney Sappe explained tobacco products shops have a requirement that no person under the age of 21 could be in the shop. He stated this definition was taken from State Statute. Councilmember Axberg questioned if distance would be measured property line to property line. City Manager Massopust reported this was the case. Councilmember Allen inquired if sampling included advertising and coupons. City Attorney Sappe advised the sampling provision is only related to trying a tobacco product. He indicated this prohibition is not related to coupons and promotional discounts or mechanisms. Councilmember Allen thanked residents for being engaged with the City on this issue. He stated he was the only smoker on the City Council, and he wished he wasn't a smoker because it was a terrible addiction. He supported limiting the number of tobacco shops in the community as possible. However, he understood the main entry point of concern for youth was gas stations. He indicated the Council should look into further limiting the overall number of tobacco licenses. He was glad the City had taken this issue one and thanked the community for their engagement. He explained he supported a tobacco flavor ban in New Brighton and understood this issue may take care of itself at a State level. Councilmember Abdulle thanked all of the residents who have been reaching out and being engaged on this issue. He appreciated all of the community advocacy that had occurred regarding this issue and thanked the residents who had voiced their opinions. He believed this Ordinance was a huge win for the community. He looked forward to seeing the State making a decision on flavored tobacco. Motion by Councilmember Allen,seconded by Councilmember Abdulle to adopt Ordinance 899, Amending Article 4 of Chapter 15 (Licenses) of the New Brighton City Code. 4 Ayes,0 Nays-Motion Carried Motion by Councilmember Abdulle,seconded by Councilmember Axberg to adopt a Resolution Authorizing Publication of Ordinance 899 by Title and Summary. 4 Ayes,0 Nays-Motion Carried Mayor Pro-Tem Dunsworth recessed the City Council meeting at 7:27 pm. Mayor Pro-Tem Dunsworth reconvened the City Council meeting at 7:31 pm. Council Business Council Business 1. Report on CityManager Massopust's Performance Review. 1. Report on city p g pManager Massopust's Performance Review. Mayor Pro-Tern Dunsworth stated on January 9th, 2024, the City Council held a closed work