Agenda - Planning Commission - 05/03/2018

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MEMORANDUM TO: Chris Anderson, City Planner FROM: Joseph J. Langel & Timothy A. Sullivan DATE: February 20, 2018 SUBJECT: E-cig Accessory Use Issue File No. 4033-0182 You asked our office for an opinion regarding the following: FACTS The subject property is located in the H-1 Highway 10 Business District. Baker White currently operates two separate businesses in a multi -tenant building located at 6111 Highway 10: an e-cigarette retail store and, next door, a related business that, at least in part, produces and packages e-cigarette liquid to be sold at the E-cigarette store. The owners of Baker White submitted a building permit to convert a separate 1,600 square foot unit in the building into a facility for manufacturing "tasting sticks" for the various flavors of e-cigarette liquid they produce. This unit is not adjacent to the other two units currently occupied by Baker White. These "tasting sticks" are not intended to be sold via retail, but rather would be provided to the businesses who sell their e-cigarette liquid, including the e-cigarette store in the building, as a means of permitting customers to taste the product prior to purchase. Looking at the Baker White website (bakerwhite.com), it lists their address as 6111 Highway 10 NW, Suite 300, Ramsey, MN 55303. Their website indicates they have been producing "premium e-liquid" since 2013. The website lists a number of Baker White's accomplishments, including: "Building an ISO 14644-1:1999 Class 6 clean room equipped with laboratory grade manufacturing equipment," and "Building an analytical laboratory to rest raw materials like PG, VG, Nicotine, and flavoring compounds to ensure they meet our strict manufacturing tolerances." It is unclear whether these clean room and laboratory facilities are located at the subject property or elsewhere. The website also lists a "store," which contains links to other locations where their e- liquids can be purchased. These include stores in Illinois, Minnesota, Missouri, Ohio, and South Dakota. It also includes information for businesses interested in carrying their brands, and directs inquires for wholesale information to the 6111 Highway 10 address.