1d. City Code Amendment: Tobacco Sales.1
r
MEMORANDUM
l a
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Mayor and City Council
Don Ashworth, City Manager \,
L
FROM: Scott Harr, Public Safety Director
DATE: August 2, 1996
SUBJ: Amendment to Chanhassen Tobacco Ordinance
This memo is to provide you with the attached ordinance amendment, which permits businesses
that prohibit underaged people from being in the store to be able to sell tobacco by self service
means.
BACKGROUND
When the Chanhassen City Council passed our ordinance nine years ago prohibiting tobacco
sales through vending machines, sale of tobacco products by anyone not old enough to legally
use tobacco, and, prohibiting self service merchandising of tobacco products, the City led the
way in developing a model that has been used by other communities around the country to
support the health of its young people. Together with neighboring communities, we have
vigorously enforced our ordinance, and have received support and compliance from businesses
here that sell tobacco.
The City Planner and I were recently contacted by representatives of a tobacco specialty shop
that are interested in moving into the business mall at Highway 7 and Highway 41. The issue
raised was whether they would be required to comply with the portion of our ordinance
prohibiting self service merchandising.
' ANALYSIS
' This business first communicated with City Planner Kate Aanenson, and she advised them that
their business was a permissible use. Two of the three tobacco sales prohibitions do not concern
this business (because they do not utilize vending machines, nor will anyone underaged be
1
Mayor and City Council
Don Ashworth, City Manager
August 2, 1996
Page 2
employed); however, having no self service type merchandising in a store that only sells these
types of products was an issue.
The ordinance that Chanhassen enacted regulating tobacco sales was specifically directed at
keeping tobacco from minors. The restriction on the age of sales personnel was initiated to
prevent young persons from giving into peer pressure, or simply be not mature enough, and
ending up selling tobacco to other juveniles. The restriction against the sale of tobacco products
by vending machines and through self service merchandising were included to prevent
unmonitored access to tobacco through machines or shoplifting off counters or other displays.
Establishments that do not have underaged clerks and do not permit underaged people in the
store (except with an adult) would not seem to be the emphasis of our ordinance. Such stores as
liquor stores and tobacco specialty shops could, arguably, be unduly burdened by having to
display all merchandise by means that prohibit self service.
RECOMMENDATION
Because our existing ordinance was drafted to prevent juveniles from obtaining tobacco, I do not
think all of the prohibitions were intended to apply to businesses that do not allow unsupervised
juveniles into the business. Therefore, it is the recommendation of staff that the attached
ordinance be adopted by the Chanhassen City Council.
Director's Note: I would like to add that I have been very impressed with the concerns set forth
through this business in their desire to work with the City and to comply with City Code. The
attached ordinance amendment was developed by the City Attorney and myself in an effort to
cooperate with this business establishing itself in Chanhassen. The Public Safety Department
does check tobacco license owners in the City annually to make sure they are complying with the
City Code Section dealing with sales of tobacco, and we do monitor these businesses.
SH:cd
gAsafety \sh \tobacco.
r
7
r
r
J
J
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 10,
ARTICLE H OF THE CHANHASSEN CITY CODE
CONCERNING CIGARETTE DEALERS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1 . Section 10- 128(C) of the Chanhassen City Code is amended to read:
Self - service merchandise prohibited. It shall be unlawful for
' any person to offer for sale any tobacco product by means of
self - service merchandising. This prohibition shall not apply to
' a business that prohibits the admission of persons under age
18 unless accompanied by an adult into a room where tobacco
products are sold.
SECTION 2 . This ordinance shall be effective immediately upon its passage and
' publication.
' PASSED AND ADOPTED this day of , 1996, by the City
Council of the City of Chanhassen.
ATTEST:
1
Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 19_ — ).
40629