7. City Code regarding Tobacco products 7
•
CITY OF
...............
ii0:01, CHANHASSEN
1
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
I 'Nee w. -
MEMORANDUM
TO: Don Ashworth, City Manager
er g
1 FROM: Scott Harr, Public Safety Director
DATE: October 1, 1991
1 SUBJ: Second Reading, Tobacco Products Sale Ordinance Amendment
1 Attached please find the ordinance amendment pertaining to the sale
of tobacco products, which has beep changed only in the definition
of "self- serving merchandising, "ibis amended at the September 23,
I 1991, City Council meeting. The draft is ready for the
second reading.
1 Manager's Comments (10 -8 -91) : c •y am
I received a call this past week from'ohn Olson representing the
1 Minnesota Grocer's Association. He called expressing concern over
the late notification, but more importantly, the ramifications of
• the proposed ordinance for both the convenience as well as full
I line grocers. I believ Mr. Olson is attempting to contact the
Mayor in hopes that a meeting can be established whereat some form
of compromise might :be achieved. Theirprimary concern is the .
inclusion of "carton" sales in the proposed ordinance.
My personal observation' •is 'ouriaca'i have attempted
to respond to the : Council *,e= zoonceri;. :regarding „potential theft of
1 cigarettes by minors. To the best of my knowled h ost of our
. retailers have stopped self- servicing of single cigarette
Economics has also played a ;park in our retailer's'"decisions, i.e.
I escalating taxes have now pushed L th cos 'of carton of cigarettes
to approximately $20.00. Thie,% argument may appear to support
putting cartons behind the countsr, How ever, a full service grocer
having 4 -7 checkout lanes would find the "behind the counter"
I requirement almost impossible to .meet. As stated before, our local
retailers appear to have responded to the Council's concerns, i.e.
Kenny's has enclosed their cartons behind a glass cabinet adjacent
I to the checkout counter, Holiday has revamped their carton sale
cabinets so as to prohibit the access to cartons to only the front
area facing the cashier (U- shaped cabinets with the only access to
1 Jr: •
or . PRINTED ON RECYCLED PAPER
1
1
Mr. Don Ashworth
October 1, 1991
Page 2
1
cartons being from inside of the U) and has moved as many of the
' cartons as physically can be contained behind the counter, etc. I
have noticed some stores have installed a glass plate prohibiting
opening cartons other than the very bottom carton which, according
to the warning posted on the glass, is electronically monitored.
Potentially, one of these theft protection techniques may be
acceptable to the Council.
' This office would recommend that the Council pass the ordinance as
originally presented (without the inclusion of carton sales) and,
minimally, allow the grocery retailers to present options as to how
' they may be able to continue retail sales, but to reduce the
likelihood of theft by minors.
' Update Report (10- 9 -91):
This morning, the Mayor and I met with most of the cigarette
vendors in Chanhassen. They expressed many of the same points
brought out earlier in this memorandum, i.e. for the most part they
have moved the singular tobacco product sales to behind the
counter. If accommodation could be given in regards to carton
1 sales, they could live with the ordinance as written. They agree
that a penalty section should be included. They also believe that
it should be in the ordinance that it is illegal for a minor to
purchase tobacco products and thereby, potentially, make the minor
partially responsible for his own actions. They do not disagree
that the salesperson and owner should also be held accountable.
1 Each of the retailers repeated that their No. 1 concern was with
the prohibition against self- merchandising of cartons of
cigarettes. They again attempted to express the fact that each
' carton is a $20.00 bill and assuredly want to work with the city in
any type of effort to curb the theft of cartons of cigarettes.
However, placing cartons behind the counter would require major
' renovation of each of their properties. They also expressed a deep
concern as to whether a full -line grocer could possibly comply with
this type of requirement.
' The Mayor did an excellent job in restating the city's position
that our primary goal is to reduce the sale of tobacco and
alcoholic beverages to minors. Further, he would support any
' program which would establish a positive means to reduce illegal
sales of cigarettes and liquor to minors as well as to reduce the
potential theft of these items. Don had another commitment, but
charged staff /local retailers with the responsibility of jointly
developing a program which could be used as a model throughout the
state. The following represents elements of the proposed program
which hopefully can meet the objectives listed by the Mayor, while
1
Mr. Don Ashworth 1
October 1, 1991
Page 3 1
simultaneously recognizing that retailers should have the ability
to sell alcohol and tobacco products to adults desiring those
products. Again, the following program elements have the support
of the local retailers attending today's meeting. All of the
following Tobacco /Alcohol Sales (TAS) Agreements could be placed
into resolution and /or ordinance form.
TAS AGREEMENT 1
Establishment of a TAS Committee: Local retailers would encourage
the establishment of a TAS Committee representing members of the
community and /or of the City Council. The committee would
initially establish reasonable controls for the self - merchandising
of cartons of cigarettes, but would have the larger task of
continuing to monitor theft of alcohol and tobacco products with
the intent being to jointly find means by which these activities
can be reduced. Annual reports from the committee should be
delivered to the City Council to determine whether ordinance
modifications are required. The committee should obtain the input
of Festival Foods that guidelines developed can reasonably meet the
needs of a full -line grocer.
Certification Process: Local retailers would agree and welcome
public safety visits at their establishments on regular intervals
to help reduce illegal sales /theft. Further, local retailers would
agree to requiring an employment sheet which would certify that
each employee has been informed as to the penalties associated with
illegal sales. Each sheet would be individually signed by each
employee and, as a part of the annual licensing process, all II
employees would be required to re -sign these sheets and certify
such to the city. This section is important in that questions
always arise as to whether the employee had been properly trained
by the company and therefore should or should not be prosecuted by
the city for an illegal sale. The certification process would
answer that question; and
Restricted Sales: The retailers would agree to the proposed
g P P
ordinance requirements regarding restricting self- merchandising of
the tobacco products sold in packages of three or less; and 1
Penalties: Local retailers agree that strong penalties should be
included for illegal sales and agree with the proposed ordinance
requirements /penalties. The retailers would request that the city
carry these procedures one step further by incorporating into the,
II
ordinance language which would make it a misdemeanor to attempt to
purchase tobacco or alcohol products by minors. The hope of this
provision is to potentially make the minor think twice before
asking to purchase one of these products. In addition, the
operator and police department would have a stronger position in 1
1
1
Mr. Don Ashworth
October 1, 1991
Page 4
confiscating altered IDs and citing minors who attempt to carry out
illegal purchases; and
Carton Sales: Chanhassen retailers would agree to reasonable
restrictions as to the design and /or means by which self - servicing
of cigarette cartons could be better monitored. The specific
merchandising controls should occur through the retailers /community
committee referred to above. Initial alternative restrictive
controls could include:
Glass /plastic coverings over the carton display area with
the only access being to the bottom carton which would
have a sensor device connected to it; or
- Restricting the floor area for carton sales to one access
point, observable from a station constantly manned during
hours of operation, with the other three sides being
impenetrable.
Warning Signs: The Chanhassen retailers would see one of the
functions of the TAS Committee being a review of the various
11 warning devices currently in place at our local retailers. The
local retailers would agree to establishing minimum guidelines for
the location, wordage and size of warning displays.
Cooperative Involvement Program: The local retailers would
encourage the city /TAS Committee to consider means by which a
positive means to effectuate compliance can be achieved. Typical
11 "sting" operations may become a necessary part of the overall
program, but generally result in punitive types of actions with
more finger pointing occurring than achieving true results. If
11 means could be found to incorporate into this program incentives
for the general public to report illegal sales and /or theft of
alcohol and tobacco products, such would be highly encouraged by
our local retailers. Each carton of cigarettes is $20.00 and the
loss of that $20.00 bill only increases the price for other
. merchandise. The program should concentrate on means to identify
the thefts /sales in a fashion by which future illegal sales /thefts
can be reduced rather than to force closing of operations or the
prosecution of a younger Chanhassen resident.
Staff has placed into writing the points which I heard presented at
the retailer meeting this morning. I do not see those as all
inclusive and the Council may wish to expand the list. I know at
one point in time, most Council members felt as though the tobacco
industry /local retailers had the biggest club and that in many ways
our hands are tied. At the current point in time, I see the local
retailers as being very fearful that the city may be in the process
of establishing an ordinance which will severely impair their
1
Mr. Don Ashworth
October 1, 1991
Page 5
ability to operate without creating ma expense for renovation
P g J xp ion
and /or severely limiting their operations. The question remains as
to whether we can transform our newly created club into a tool
which can address a multitude of tobacco /alcohol concerns.
IV
Ilk
1
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 10 OF THE
CHANHASSEN CITY CODE BY ADDING PROVISIONS
REGULATING THE SALE OF TOBACCO PRODUCTS
The City Council of the City of Chanhassen ordains:
Section 1. Chapter 10, Article III of the Chanhassen City
Code is amended by adding Section 10 -128 to read as follows:
Sec. 10 -128. Self - Service Merchandising of Tobacco
Products Prohibited.
(a) Legislative Findings and Intent. The Chanhassen City
Council finds and declares that:
(1) The Surgeon General has determined that cigarette
smoking is dangerous to human health;
(2) The National Institute on Drug Abuse found that
cigarette smoking precedes and may be predictive of
adolescent illicit drug use;
(3) Open display makes tobacco products easier to
shoplift and therefore more accessible to persons under age
' eighteen (18) .
(4) The enactment of this ordinance directly pertains
to and is in furtherance of the health, safety, and general
welfare of the residents of the City, particularly those
residents under eighteen (18) years of age.
(b) Definitions. For the purpose of Chapter 10, Article
III, the following words and phrases shall have the meanings
ascribed to them in this Section:
"Tobacco Products" means any substance containing .tobacco
leaf, including but not limited to, cigarettes, cigars, pipe
tobacco, snuff, chewing tobacco, and cigarette papers or
wrappers.
"Self- service Merchandising" means a method of displaying
' tobacco products that the public has access to without the
intervention of an employee.
(c) Self- Service Merchandising Prohibited. It shall be
unlawful for any person to offer for sale any tobacco product by
means of self- service merchandising.
•
r09/24/91
1
(d) Sale of Tobacco Products by Minors Prohibited. It
shall be unlawful for any person under eighteen (18) years of age
to sell tobacco products.
(e) Sale of Tobacco Products to Minors Prohibited. It
shall be unlawful to sell tobacco products to any person under
the age of eighteen (18) years. 1
(f) Suspension; revocation of license. The City Manager
shall suspend a license issued under this Article for a period of
ten (10) days if a licensee violates any provision of this
Article. The City Manager shall suspend a license for a period of
twenty (20) days for a second violation. The City Manager shall
revoke a license for a third violation. The revocation shall be
for a period of one year.
(g) Appeal. 1
(1) Notice. If the City Manager suspends or revokes a
license, the Manager shall send to the licensee, by
certified mail, return receipt requested, written notice of
the action, and the right to an appeal. The aggrieved party
may appeal the decision of the City Manager within ten (10)
days of receiving notice of the City's action. The filing of
an appeal stays the action of the City Manager in suspending
or revoking a license until the City Council makes a final
decision. ,
(2) Procedure. The City Council may appoint a
committee of the Council or an independent hearing officer
to hear the matter, report findings of fact and a
recommendation for disposition to the Council. Hearings on
the appeal shall be open to the public and the licensee or
applicant shall have the right to appear and be represented
by legal counsel and to offer evidence in its behalf. At the
conclusion of the hearing, the City Council shall make a
final decision.
(h) Responsibility for Agents and Employees. Every act or
omission constituting a violation of any of the provisions of
this Article by an officer, director, manager, or other agent or
employee of any licensee shall be deemed and held to be the act
or omission of the licensee. The licensee shall be punishable in
the same manner as if the licensee personally committed the act
or omission.
Section 2. This ordinance shall be effective upon its
passage and publication on , 1990. 1
PASSED AND ADOPTED by the City Council of the City of
Chanhassen this day of , 1991.
1
-2-
•
1
ATTEST:
1 Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor
1 (Published in the Chanhassen Villager on , 1991.)
1
1
1
1
I
1
1
1
1
1
1
1
1
1
-3-
1
ARCHITECTURAL & STRUCTURAL PRECAST CONCRETE • P.O. BOX 1360 • MAPLE GROVE, MN 55369 • (612) 425 -5555 Ill
'z
— Proj. ' Job No 7%
Sancrete
n Sh. No.
Midwest Co.
$ubj. By Date
(Y,0 /n.v / ' . . . 267 / 7414 /._ZtJ /77/
j •
I
• - "9—,—‘,,, c„..z./..) a72A1--74,ra/Y1-; ,
4 C,„ a der . , s 4 ,
1
�Gn4 4. e /A ' '
4• ' 1 ' - , - - A ; /
/ 2.6„/ / PUP a 41 . g.ig '_i:;&/iy
1-(7'<i5--Q--, 0444 4A,c1— 9
i
j fc- 4. L.",--:_ ,.:-.--- .1' c Z k (1:'. �...Q CL -,t.__
U (` / n � \.ti)` .v� 1 , —7 < .1 ( '1 tn I L 1C' i 2. / Y ,.
C.. xLtc` / 5 ' 2 1 ; _, - �Y,../ %f J/ L� - E ✓ 7ti�C _ ( .
t-ti TYu '1 " !) ;i40,1.,-- o SI / ,t 1 ,.: _ 1 �'`. ,
�� L -J� �.... :
L/. ( . • . ,4.v✓ nP . c'1 J fr 'ri T ,r,- 7 / L / / 1 74i; 7 )) . '/ 1
- ll �'l ✓ 1� c1 ,,II'
' �E .� ''- 1•. • 1
4 - -00.,4%./ ,,,.),,,:i--aa_-.),_ 7.., ,,,,.., r. r7c, , RA f (._ (f HA ov ...
�
-.A.? 1 o L.,C 'v 5 d 7 F'�(� f , 5r� . l.f ` G :... v
6(./
i _ 14 Ali .
\.J rAi' to 1 �- - Lai r; R, D rL ve 4.1 L.. 1 C: Sie
.� S t
.
1 1 .,)0---,..., 1 �iC` i t c? S i 1 ' Lc— rt. Lr)C' I fif.,✓l✓4 . 55 ,0/
�y "'
. ) yc , A. vi.-', -- i
, , 7 J �/
,-- , _. :-. 4 /7307_ -- - a ,
.P44,,s' a 06 „xi h,,-; , d ._ .., (-go / 8,„..z,e,.., •
City Council Meeting - September 23, 1991
I
still have a sign up that advertises that we are even in that mall. It is
11 against the City ordinance of Chaska. We have to come to the City to ask to put
a sign up on the road which you have to do here in Chanhassen and that sign •
cannot blink. It can just sit on the road with an arrow and we can put on it,
Pass By II now open. We have to go to you for that and I believe the ordinance
II is the same for 10 days at one time twice a year. That's all that we can put up
on the road as far as signs go. That's it. If you've seen the Statutes from
the Minnesota Liquor Control, it's this thick. I've had some guys come in and
I they laughed at me because I read it.. I marked down the things that I had
problems with. We cannot advertise. We can never put a price in the paper. We
can't have a price war. I can't say Pass By Liquor II, Beer $9.99. All you can '
II drink. That's against the law. We can't do that. We can have signs in our
windows.
•
Councilman Wing: Paul, I'd like to verify this. The other businesses that have
II gone in, you've specified how many signs would in fact be allowed and what they
can and cannot have. I haven't seen that for this. Why not?
II Paul Krauss: Well there's a sign covenant package for the shopping center:
Each tenant is allocated a sign band. The free standing temporary sign that was
mentioned is something that's allowed by the City. It's allocated to the
shopping center so the period of time that it's allocated, it's allocated to the
II shopping center.' How the tenants divy it up is their problem. The only
question in my mind, and I don't remember the sign covenants exactly. Whether
or not...sign being painted up inside the window. I don't know that that's
II prohibited by the sign package.
Councilman Wing: Okay, thank you. '
II Mayor Chmiel: Okay, let's move right along. We moved item 6 to B(a) and I
believe there may be a motion. {
I Councilwoman Dimler: Yes. I move that we amend the agenda to move item 6 into
the next place here in the fact that those parents that wanted to be here are
now here.
Mayor Chmiel: Okay, I'll second that. • •
•
Councilwoman Dimler moved, Mayor Chmiel seconded to amend the agenda to move
1 item 6 to this point in the agenda. All voted in favor and the motion carried.
CITY CODE AMENDMENT REGARDING THE SALE OF CIGARETTES, FIRST READING.
Ili
Scott Harr: I was approached by several Council people requesting that we
consider the amendment that's before you to further tighten up restrictions and
I regulations of tobacco sales. This ordinance was drafted through the City
Attorney's office to regulate self service sales. Sale of tobacco products by
minors and to re- emphasize the restrictions to whom tobacco products are sold
with administrative remedy regarding suspension to be handled by the City
II Manager.
Mayor Chmiel: Okay, thank you. Yes sir.
II .
1 36
II
City Council Meeting - September 23, 1991
• Alex Wagner: I'm Alex Wagner from 7130 Willow View Cove. I'm also an Associate 11
Professor of Epidemiology at the School of Public Health at the University of
Minnesota, Twin Cities and I've been working in the alcohol, tobacco and drug
field for about 12 years doing research and teaching. I would like to commend
the Council and the staff for the development of this ordinance: I think it's
very timely. It addresses a pressing problem in our community and in our larger
community. Not just in Chanhassen and tobacco is a critical problem. 'It's a
very high risk factor. • -Early use of tobacco is a very high risk factor for use
of other substances like alcohol or illegal drugs. If we can get young people
to survive to age 20 without using cigarettes, they have virtually no chance of
ever becoming addicted to cigarettes. Young people are primary market for the
industry's that are marketing these products because their customers are dying
off at a regular rate. Over a third of everybody that purchases cigarettes dies
from cigarettes and I think this ordinance is very timely. It's another issue
where any one ordinance like this, any one change in the policy and the way that
we regulate these things in our community is not the answer but it's one thing
that we can do to make it slightly more difficult for people to become addicted
to cigarettes and it will have some marginal effect in attenuating and reducing
this problem. I commend the Council and the Mayor and the staff for the
development of this ordinance and urge it's passing and would only suggest that
you might consider why exclude carton sales from this ordinance. Thank you very
much.
Mayor Chmiel: Thank. you. Anyone else? ,
Mary Sauser: My name is Mary Sauser. I live at 3721 Upton. I'm a nurse at
Park Nicollet Medical Center and we're involved in several research projects,
one of which is a smoking sensation program and I'd just like to share with you
a few things that we have learned along the way. While smoking is dangerous at
any age, it is especially hazardous to start early in life. The younger a
person is when they start to smoke, the greater the risk of eventually dying of
a smoking related disease. Smokers who start before age 15 suffer from cancer
rates 19 times higher than non - smokers. .The final report of the National
Commission on drug free schools underscores the urgency for meaningful action
now to curb tobacco use among the nation's youth. Tobacco and alcohol are the
most widely used drugs among young people today, even though their purchase is
illegal. Existing laws restricting sale of tobacco products are rarely
enforced. Each day more than 3,000 children and adolescents start smoking and
consume nearly 1 billion packs of cigarettes a year. Of the 3,000 adolescents
who start smoking each day, 23 of these children will be murdered during their
lifetime. 30 will die in traffic accidents. 750 will be killed by a smoking
related disease. In her 1990 report on the health consequences of smoking, U.S.
Surgeon General Antonia Rebella called smoking a self destructive behavior and
the ultimate consequences of smoking are the most grim. If current smoking
rates continue, then 5 million of the children now living in the United States
will die by the year 2020 of a disease caused by smoking.
Mayor Chmiel: Thank you. Is there anyone else? ,
Margie Karjalahti: Hi, I'm Margie Karjalahti. I live at 7413 Frontier Trail.
Two years ago the City of Chanhassen, along with Chaska, Carver and East Union
and Victoria adopted a set of 8 community values and the purpose for this was to
focus on how we can help our young people grow with good character and become a
37 11
1
City Council Meeting - September 23, 1991
better city. When I thought about this ordinance I was delighted because if we
�• can keep kids from trying tobacco, whether it's cigarettes or chew or whatever,
until they're at least 18 when it's legal, they have a much better chance of
making that decision from an adult perspective. And to put the products behind
1 - the counter seems only to be a process for helping them to practice citizenship,
which is obeying the laws and responsibility which is what we're trying to build
in them. That they can make responsible decisions. So I really commend you for
doing this and I would love to see all tobacco products put behind the counter.
In fact I have changed gas stations simply, because this one station I go to has
no tobacco out where children can just reach it and touch it and kind of walk by
and pick it up on their own. And I appreciate that it's not so accessible to
kids. So I hope you pass the ordinance.
Mayor Chmiel: Thank you Margie.
11 John Carlson: I'm John Carlson. I reside at 902 Penamint Court and I too would
like to speak in favor of this proposal. I'm the Vice President for Development
for the Cancer Society of Minnesota Division. The American Cancer Society is a
' member of the Smoke Free Class of 2000 as is the American Heart Association and
the American Lung Association and all of these organizations are supportive of
this type of local proposal. The Smoke Free Class of 2000 is involved in trying
..I to work with our youngsters who are going to be the graduating class of 2000. •
To have that class be the first totally smoke free class in our society and also
to work with all classes to follow. I would speak on a personal note. Going
•
into Brooke's, you know you can go in and see the 3 candy bars for $1.00 and
' then right next to it you can see the Camel's you know and they look like candy.
You can see the Camel's there and they're right there and it's, think runs
counter to the message that we're trying to give to our young people. It gives
the message, implied message that this is like candy and it's very convenient
and it's got a kid's image to it and that really works against the effort that
we're trying to go after with our young people. One important thing to keep in
' mind is that cigarettes do have a warning label on them. That's been long
debated by our Federal Government and that's been in place for quite some time
now and I guess something that has a warning label that is hazardous to our
health and has been proven to be hazardous to our health should be treated a
I little more judiciously in terms of where it's located in our establishment and
I'd just as soon not have them next to the candy bars. I applaud you for this
initiative.
Mayor Chmiel: Thank you.
Therese Berquist: Hello. My name is Therese Berquist and my address is 7207
Frontier Trail. I also am very happy to be associated with the city at this
time. Very proud to hear what is taking place. Feel very confident that the
ordinance will be passed and I see it as a positive step in keeping cigarettes
out of the hands of minors. When I first heard about the amendment, I wanted to
be involved in some way and so my choice was to involve other people. In my
everyday life I know of so many people who have concerns regarding tobacco use.
' Minors and adults. For minors and adults and I would just like to say that I'm
very happy to see so many people voicing their concern so I took probably about
an hour and a half and the people that I've'run into in the last couple of days
' and had them sign a petition. I don't mean to apologize for it but I do want to
emphasize that it's just a very, of all the people I spoke to, there wasn't
' 38 -
1
City Council Meeting - September 23, 1991 1
•
anyone who did not want to take part in this action of amending the tobacco
• sales ordinance. The other point I'd like to make is that in speaking with one
{ of the signers, she was telling me about her brother who owns a convenience
. store in St. Paul who just was audited and found that he lost, she tried to
contact him regarding the figure. It was,an enormous amount of money in stolen
cigarettes which something I felt comfortable bringing this issue before the
Council and supporting it knowing that it could be beneficial to our convenience
stores, gas stations, whatever. Who do I make the presentation to? 1
Mayor Chmiel: Thank you. Anyone else?
Mark Fornier: My name is Mark Fornier. I live on 507 Highland Drive which 1
I suppose to put a little perspective on it is right behind the sort of jungle
garden that Councilman Don Ashworth has. We'often get melons and things from
him. It's kind of a pleasant experience. 1
Councilman Wing: Are you registering a complaint?
Mark Fornier: Not at all. They're very wonderful. It's not huge in quantity. ,
I am the President of Student Council at Chaska High School. I'm also a class
officer. I am on the Executive Board of the Hennepin District Student Council.
I get relatively good grades. I plan to go onto a good college to graduate
school. I'm guess what you would call a good kid. But about 5 years ago I did
something that most of my friends and most of the people I know did at one time
or another and that is shoplifting. For one summer we kind of went through this
phase where you discover that it's kind of easy to pick up things and you don't
have to pay for them. That's kind of a nice deal and I find after talking to
friends and you kind of chuckle about things in your past, you find that a lot
of them did that same thing and I think that whether the numbers or the figures
that we get from stores and from things like that, actually show it. There is a
definite problem there. There is a definite situation. The shoplifting does • • occur at some point in many people's lives and I think an ordinance like this
helps circumvent that problem that people have. In .many other situations with
movies, with cassette tapes, with knives, with other material that is easily
shoplifted, there are many measures to circumvent the shoplifting of those
materials. When I heard from Mrs. Dimler about this ordinance, I went and I
announced to the school over the PA system and we had sort of a petition we got
together. I didn't bring that with me but I managed to talk to a lot of people
about that and there was support throughout our school for this ordinance among
those smokers and non - smokers. In particular a young man named Bruce Russo who
has smoked very heavily for several years, he's strongly in support of this
because he wishes that when he was younger it wasn't so accessible. It wasn't
so easy to sustain a habit and I think that's the whole idea of an ordinance
like this. It's something that makes a moral statement and it does have a
strong physical effect. Whether the numbers may show it or not and I think it's
something important that this Council needs to do. I'm also involved in debate
school and we look at policy making and when we look at a policy and we see that
there's many potential benefits and there is no significant disadvantage, only
logistical problems. Only problems of putting together the thing, there really
is no reason but to do anything but to adopt it. And I think logistics
shouldn't be issue there that stops this ordinance. I think it's a very
good ordinance and I think the youth of this area and of Chaska and surrounding
areas that I represent in our high school certainly support this. Thank you.
39
1
City Council Meeting - September 23, 1991
Mayor Chmiel: Thank you. •
Jeannie Wygum: My name is Jeannie Wygum. I'm President of the Association for " I.
Non - Smokers and you've heard it better from the student than you could ever hear
it from me so I'm not going to add anything to that. I am going to share some
pieces of paper with you which you may want to use in your discussion: The only i
thing I would add is that there are just some new statistics that came out from
the Federal government that show the smoking rates for white teenagers is now
II 41.2% which is very frightening to me..
Councilwoman Dimler: Jeannie, before you leave could I ask you a question?
1 Would you address, I want to use your expertise to address the point that was
made here about including cartons as well in the self service.
Jeannie Wygum: I think it's a good idea. I talked with the people from Target
11 stores about wanting them to put their cigarettes behind the counter, particular
their individual packs and it was the security person and he thought that was a
real funny thing. I said why do you think that's so amusing and he said, do you
II realize how long it takes a good shoplifter to get into a carton of cigarettes?
I said give me a clue and he said, oh less than a second. He said it's just
quicker than a wink to get into a carton. My hunch is that it's adults who are
II stealing cartons and that it's kids that•are stealing individual packs. But I
don't have a lot of statistics on that. That's a sense. When I presented that
to the security guy from Target, he did not disagree with that. I think it's a
good idea to put cartons behind the counter. I think it's a little harder for
1 stores to do it. It's going to take more space for them. I don't know, for
individual stores that may be a problem but it's a good idea.
Councilman Wing: Same question to this gentleman. You recommended that. Why?
I Alex Wagner: Well even if youth don't take the whole e 1 carton, they take a pack
out of the carton. It's the exact same issue that we're dealing with with the
1 individual packs. If the principle is that an addictive drug like this, that we
don't want to have it out on display for young people to see and to easily
shoplift. Having cartons in a grocery store in an area that is not that closely
1 watched which is relatively easy to pick up a carton, take it to another place
or take a pack out of a carton in that particular place and a pack of cigarettes
easily fits in your pocket. It's an easy thing to shoplift, as you've heard
from the others.
I
Councilwoman Dimler• ,
So you're saying they're not shoplifting the whole carton,
they're just taking packs out of it and putting it back? Putting the rest back?
1 Alex Wagner: I have no imperical evidence. I've not studied this specifically
but this is antidotal evidence.
Margie Karjalahti: I was shopping in Cooper's in Chaska one day and happened,
they had a free standing carton thing in like the middle of the store and I
watched two young men that were clearly under age take a carton from there and I
1 stood and watched them and they got red in the face. I'm sure that their
intention was to just walk off with it so I.think, there's an example.
II Mayor Chmiel: Anyone else? We'll bring it back to Council. Tom.
II 40
•
1
City Council Meeting - September 23, 1991 1
Councilman Workman: Well Alex, you and I get to agree on everything. We
probably agree on most things anyway. I want to thank everybody for coming
tonight. .Mark, you kind of remind me of me when I was a youth. I'll leave
everybody's imagination there. I was a good kid too darn it. These kinds of
issues have not only pragmatic concerns but emotional ones too and I won't bore
everyone with the story about my mom who's buried on a hill in Chaska at the
ripe old age of 53 from a lung disease caused directly by cigarettes. But I
will emphasize again that the industry does create Tom Workman's and Mike
Mason's and Richard Wing's and Ursula Dimler's and Mayor Chmiel's who I think
are going to pass this ordinance tonight because they know how that industry
affects our communities. And we'll get to the alcohol issue later. But it is
enlightening Mark to see the youth, who do have a handle on these kind of
situations. I grew up and went to school at Chaska High School in what I will
call the ugliest decade in the world, the 1970's. Ugly hair. Ugly clothes.
Ugly attitudes. A lot of drinking. A lot of smoking. A lot of different
things. I'm lucky to have survived, unless you're a 60's kid I guess. We need
to do this and I'm hopeful that we can make this both first and second reading
due to the logistics of the experts that I think are in the room tonight for
perhaps not being able to make it the next meeting. I do want to see the
cartons behind the counter. I'm appalled when I walk into Cub and Target and
see the wall. Have you ever seen the wall? We need to .get this passed because
it's simply,a problem that's gone on too long. The retailers, I know they're
not here tonight, for what reason I'm not sure. St. Paul recently passed a
convenience store, the convenience stores in St. Paul must have two clerks after
midnight. They fought that. Now as you may have found out tonight from our
discussions with the gentleman who had the liquor store, I hold high esteem for
people who have the guts to go into business for themselves. Get up and work
their own business so there's a fragile balance there when you start tampering
with a business. I think St. Paul's doing it properly. Shoreview I think is
attempting to do the same thing. You cannot have one clerk on after such and
such an hour because these people are getting shot and taken advantage of. The
Grocer's Association is fighting that. They would fight this. I'm not sure
where they are. But it comes down to dollars for them and it does not come down
to dollars for us. I think the people who do smoke are going to continue to be
able to smoke. As I emphasized with the vending ordinance, it's not my interest II
to keep people or attempt to keep people from smoking who have the habit because
it's very, very difficult to do so. And again I reference my mother but I hope
we can pass this all tonight with the first and second reading. And again I
want to say thanks to everybody who came and I'll pass it on.
Mayor Chmiel: Richard.
Councilman Wing: Mr. Mayor, I think this probably could have been approved on
the Consent Agenda tonight. I don't think it really even needed public comment
perhaps, although I like Tom and Mike really appreciate the comments and people
showing up and having concern and just your presence tonight. Plus being
everybody got a chance at the podium and Tom said his word, I just returned from
Seoul, Korea. 13 hours and 23 minutes from Seoul to Los Angeles and 3 of those
hours I had to spend middle of the night, dead tired in the smoking section of a
747. Mostly Asians on board. The only reason I use the word Asians is they
smoke a lot and I just, I got off that airplane so furious. I was just besides
myself. I thought of this ordinance the whole time. Anyway, I got that off my
chest. I feel better now. I just want to make a comment. I agree with the
41 1
1
City Council Meeting - September 23, 1991
cartons. I want to see the cartons gone. We've heard about the horrors of
111, cigarettes. The problems with cigarettes. The health related and we're really
moving fast to clean them out, but I'm feeling uncomfortable tonight because
cigarettes didn't break up my family and they didn't break up my parents and
they didn't kill my friend. We're moving fast to clean out cigarettes but yet
we're kind of casual with the alcohol tonight and I'm still upset about that
because that alcohol has killed my friends and cost my friends their career and
broke up my family in my early days and I just look at Edina who has one
municipal liquor store. Just one. They've kept the bars out. I wonder why
Edina's been so restrictive on it. They've got some reason why and I wonder why
we're not more restrictive so I'd like to see the same group come back and
' address the alcohol problem frankly and do as good a job as you did on the
cigarettes. I support this totally and I'm real pleased...
II Councilwoman Di•mler: Thank you Richard. That's a wonderful note and it really
does help me too because I have mixed feelings about the alcohol as well and
I do take that issue just as seriously. I am also pro business though and to me
that's really a struggle but in the case with the alcohol I guess I drew the
' line because that is that gentleman's whole business whereas with the
convenience stores and the tobacco products, they have so many other products
that they sell and they can stay in business and certainly we might put a dent
into their cigarette sales but the adults will still be able to get a hold of
them for whom it legal. But my main concern is here with this is an issue
for the youth that they do not get a hold of it. If we want to tackle the adult
problem, that's another thing and that's not what I want to go into right now.
And again with the liquor again I was making the assumption that the gentleman
said he was going to obey the law and not sell to minors and I think our Public
Safety does a good job on checking on them so I feel reasonably assured that,
although I'm sure there's some slippage, that we are controlling that alcohol
and I would like to take this one step further from the vending machines -and
control the tobacco access to you here and I think that I would also go along
with the cartons, although it will cause an inconvenience. I know of no adult
1 smoker that has ever said that they would oppose access to youth, even though
it's more inconvenient for them to have some access perhaps. They all told me
that they wished they had never started and that they could stop so I apologize
for the increased inconvenience to the adult smokers but I don't think that
they're going to object.
' Mayor Chmiel: Mike.
Councilman Mason: I would like to see the cigarette cartons also put behind the
self. There's been some interesting discussion here tonight on alcohol and
' cigarettes and I, I mean this in all seriousness. These discussions tonight. I
know this sounds pretty hoky but it's true. Have made me (a), proud to be a
member of the City Council. The openness that we've seen here tonight. And
(b), proud to be a resident of Chan. And I usually don't say stuff like that
but this stuff that's come out tonight I really think has been very informative
all the way around. That's kind of piggybacking on what you said.
Councilman Wing: Have we shamed you prior?
Councilman Mason: No, no.
1 .
1 42
1 •
City Council Meeting - September 23, 1991
Councilwoman Dimler: It's kind of what he meant though.
Councilman Mason: No. Yeah, I would like to see cartons included in this also.
Mayor Chmiel: Thank you. ...rather than prolong it, accept what Tom was
talking about the ugly 60's. Back in my days.
Councilman Mason: He said ugly 70's.
Mayor Chmiel: But as I said back in my days of course, drugs were not as
prevalent. Smoking was. Unfortunately I didn't start until my later years in
life and finally quit but I guess I am also supporting this particular position
and feel that keeping this away from children under the ages of reason to do
what they'd like is really the way to go. I feel rather strongly with it. I've
even tried doing the same things in making specific incentives for a couple of
my own kids and finally got them to quit but, one I'm still working on. I think
it is. It's a good thing. It's a very healthy thing for them as well and I'll
call the question. Can I have a motion?
Councilman Mason: First and second reading?
Mayor Chmiel: I would suggest we go through the two readings on this in the
event that there are some of the business people who would like to come back in
here and I don't know how they could really stand there and say it would hurt
them. They may have problems in finding locations for them but I'm sure they'll
- find those locations. So I'd like a motion.
Councilwoman Dimler: I would move the City Code amendment regarding the sale of
cigarettes, first reading only although I wish I could do the second reading. ,
Councilman Workman: Make a motion to do so.
Councilman Wing: It's going to pass anyway. 1
Councilwoman Dimler: Okay, first and second reading. _
Councilman Workman: Would we need to pass a separate, an initial ordinance or
amendment to our rules before we did that?
Roger Knutson: That's the way you've normally done it in the past. The By -laws
state if you want to waive the second reading, that'd be a separate motion.
Councilwoman Dimler: Does that take a 4/5? ,
Mayor Chmiel: Yeah. I would like to say that I know that we're all for this
but I think we do owe a certain amount of time for the businesses in this
community to come back and discuss this rather than railroading it through by
going right now.
Councilman Wing: Don, I'm going to support you and that won't give us•the 4/5. '
I agree.
1
43
1
City Council Meeting - September 23, 1991
Councilman Workman: I agree. We may have caught them off guard. I'm a little
11' surprised. I would like everybody in here who eloquently helped us out tonight
to be aware that October 14th we will probably be doing this again and if you
could make it and attend, it may be a different room at that time.
Councilwoman Dimler: Okay, so at that point then I'll go back to the original
motion for the first reading only.
Councilman Mason: Second.
Scott Harr: Councilman Workman, did you want to include any changes in cartons?
' Councilman Workman: Well, would we have to delete the part on self- servicing
merchandise?
Roger Knutson: If you wanted to do it, I would suggest definition of self -
servicing merchandise be amended to read, self- servicing merchandising means a
method of displaying tobacco products that the public has access to without the
intervention of employee.
Councilwoman Dimler: Fine, with that reading. •
Mayor Chmiel: With that incorporated into it. Will the second accept that
amendment to it? Who had the second?
Councilman Workman: I did.
Councilman Wing: Did you?
II Councilman Workman: I don't think I did.
' Mayor Chmiel: Michael did.
Councilwoman Dimler: Do you accept that? •
' Councilman Mason: Sure. 'Absolutely.
Councilwoman Dimler moved, Councilman Mason seconded to approve the first
reading of an ordinance amending Chapter 10 of the Chanhassen City Code by
adding provisions regulating the sale of tobacco products with an amendment in
the definition of `Self- service Merchandise' to read: Self- Service Merchandise
means a method of displaying tobacco products that the public has access to
without the intervention of an employee. All voted in favor and the motion
carried unanimously.
REZONING OF 90 ACRES ZONED A2. AGRICULTURAL ESTATE DISTRICT TO PUD. PLANNED UNIT
DEVELOPMENT TO CREATE 10 INDUSTRIAL LOTS; LOCATED SOUTH OF THE CHICAGO.
MILWAUKEE. ST. PAUL AND PACIFIC RAILROAD AND EAST OF AUDUBON ROAD. RYAN
CONSTRUCTION.
Kate Aanenson: I'm going to take this. in two phases. First will be the
conceptual review and then the rest PUD. The site plan is currently used
agriculturally. Soy bean fields cover most the site. The farmed area consists
' 44
•
1
OCT 10 '91 12 18 HOLIDAY COMPANIES P.2
Holiday Companies
C.Lh.
Or FIDE: 466/ WEST 60th STKFFT / MAIL ALWXLSS: P.O. BOX 1224 MINNEAPQI IS. MN 5%440 / 61. 612.00-6 / FAX 612.61n•Shi.4
KeU11 °M CI. iC L. +501 V.'. OLO SHAK0PFF RI1 J A'JtI: AIri1KeSS. P.O. 40X 1216 MINNEAPO.IS. MN S544CU / PH. 6:2./11•61OU / FAX 612.921.529$
October 10, 1991 • t
flY FACSIMILE AND 1
Mayor Don Chmiel BY U.S. MAIL
City of Chanhassen
7100 Tecumseh Lane
Chanhassen, MN 55317
Dear Mayor Chmiel: 1
On behalf of Holiday Stationstores, Inc., I want to thank you for meeting with us '
yesterday; we appreciate your receptiveness to our concerns. The 11 years that
Holiday Stationstore has been able to serve the Chanhassen community has been
successful because of the efforts that the City and Holiday have made to work 1
together to resolve issues; these efforts to work together continue to be necessary for
both of us.
As ou are aware, Holiday opposes proposed amendment ' n 1
y y pp p po Section 10-128 to Chapter
10, Article Ill. First, the proposed penalty section violates current Minnesota law by
exclusively penalizing the license holder. This contradicts Minnesota law in which the
Minnesota Legislature has determined that the appropriate sanction should be against
the clerk - not the owner or management. Further, to prohibit self - service .
merchandizing of cigarettes would be unduly expensive, and in reality Is not necessary
to restrict minors' access to cigarettes.
Holiday shares your concern regarding the accessibility of cigarettes to minors, and 1
has taken extensive precautions to prevent shoplifting. At $20.00 a carton no retailer
can tolerate shoplifting. Individual packages of cigarettes are sold from the service
counter. Our employees have been instructed to request age identification and are
fully aware of the penalties which could be imposed for failure to do so. Attached is a
copy of the tobacco sales policy which all employees must sign. In addition, cartons 1
of cigarettes are contained in a secured sales area. To further restrict the accessibility
of cigarettes to minors Holiday will be installing a customer alert buzzer by November
1, 1991. if the City has any further ideas about how Holiday could enhance its current
1
sales management to promote even greater security Holiday would be more than
willing to consider any such ideas.
Thee expense associated with this proposal is prohibitive, and in some cases all but
� P P P
impossible to comply with in light of current store layout. The amendment simply does
not provide retailers with the time necessary to conform with its proposed restrictions. '
i
, . . ;:.�. FOOD I i ti dftss
vb.1 iV �i 1L' iV 1 IVL 11..+1"11 VVI Ir PII 11LJ - -- r.
•
1
Mayor Don Chmiel
October 10, 1991
Page Two
Keeping tobacco out of the hands of minors is an important goal, fully supported by
Holiday. Section 10-128 as proposed will not accomplish this goal. At a minimum, we
urge the City to delay a vote on this amendment in order that retailers, city officials
and the community can consider alternate approaches to this problem.
' Thank ou for your consideration. We hope that a speedy resolution i
Y Y p peedy of these issues
will be forthcoming.
Very truly yours,
1 HOLIDAY STATIONSTORES, INC.
Uoyd L. Lehnen
Vice President
LLL:mb.1
.1
1
1
1
1
1
1
•
1
1 •
1
1 1
, T OBACCO AND ALCOHOL
. ................ .
State laws prohibit the sale of tobacco products to minors under the age of 18. The
penalty for selling tobacco to minors varies by State with a penalty up to a $3,000 fine,
a year in jail, or both.
State laws also prohibit the sale of any intoxicating liquors to a minor under the age of 21,
or to any person intoxicated or bordering on a state of intoxication. Any person violating
the law may be subject to a penalty up to a $3,000 fine, a year in jail, or both.
As a cashier, it is your responsibility to abide by these laws, and YOU are liable if caught '
selling beer or tobacco to a minor. Therefore, for your own protection, a drivers license
or state 1.D. card with picture is required for all beer and tobacco purchases if you have
any doubt whatsoever as to the person's age.
Employees violating state laws must answer for their own violations. The Company will ■
not be responsible for any fines or state reprimands to individuals. Employees violating ■
state laws may be subject to disciplinary action up to and including discharge.
I have read the above statement and understand it. 1 n this
also understand that th s signed
statement will become part of my personnel file.
1
Signature Da
•
1
1
PL1411 Rev. 9/91 1
•
1
i. .
•
•
t. .
r .
f .
', -
: .
4
.. -
..
4 1
i_
_. .
. I - _ .
1 ______---. _,,,
. .
#
i
!
I 1
A
11, ,I
----
/
1 You MUST be
1 ,
, t A
-.-
41 1)
-1 •
,
1
.. .
. , i '. ' ' • - 1 .
.
.
1
, .... , .
....._ ',,,... •
. to purchase
._04 ,,
1 ...__. ..
.....••
__
6 ,- A _ , .
- •{ , , tobacco products
,,, . :._._....„..
___
,
.
1 , . STATE LAW
.,, .
1
:.1 •
., •
, ....
_
1
'00 D F R =T UG =H T.. Y:,:;
HELPING YOUR PEOPLE
V TOBACCO, ALCOHOL GROW AND DEVELOP (4
AND LOTTERY TICKET The story is told of a young ,,, 4. • •
SALES GUIDELINES employee seeking advice on how to ‘ 'N `,N
Here are three general guides to grow and develop. 1
effectively deal with checking ID's: The young employee
1. when in doubt, check it out. approached a successful, retired
There are obvious cases where no business executive and asked "To
identification is needed. However, what do you attribute your 'TWAS THE NIGHT
given the 21 year old drinking age success ?" The sage old manager BEFORE CHRISTMAS AT
laws and the 18 year old law for the stroked his chin and thoughtfully
purchase of tobacco or lottery BROOKS'
1
products, there may be many cases responded with a single word,
where age is a question. Don't try to "Experience."
guess the customer's age if you aren't ' Twas the night before Christmas
sure - there's too much at stake. The youn man considered the and all through the store,
answer for some time and finally
Clerks convicted of selling tobacco to The customers were buying and 1 returned for a further explanation.
minors in Minnesota can face up to taking loads out the door.
one year in jail, a $3,000 fine or both. This time the old man added The employees were smiling in
State law also has penalties for "Experience.. and good decisions."
clerks selling alcoholic beverages to their Christmas colors of red,
minors. Managers and/or owners can Again, the young emplo left The Managers were happy all the
also face major legal difficulties as believing he had the key to paperwork was put to bed.
well. success. But after some time the
When what to our wondering eyes 1
WHEN IN DOUBT, CHECK IT OUT. young man returned. "I should appear
2. Be polite and courteous. understand that the key to success But Gateway, Tombstone and Deli
is experience. And I know that Express trucks, what fear!
While it may be uncomfortable for an comes experience from makin 1
employee to check a customer's ID - p g Away with the price gun
especially if the clerk is underage good decisions. But how can I grow I flew like a flash,
himself or herself- confrontations can and develop to make good Tore open the freezer and
often be avoided simply by asking the decisions ?" the young man asked. authorized the console for gas
customer politely for his or her ID. A
rude or obnoxious approach invites a The old man responded "Bad (you try and rhyme flash)!
1
customer relations problem. If the decisions." We priced and we stocked,
customer cannot (or will not) provide
you with proper ID, DO NOT MAKE This stor illustrates the fronted and faced galore, THE SALE. frustration many employees face. Cheerfully helping customers,
,
3. If a difficult situation arises, Not certain of job expectations, could you expect more?
don't be afraid to seek help. they seek input from others. Then laying a finger
Most customers above the legal age Usually, the information they aside of my nose,
will comply with a request for ID. receive is too broad or obscure to I looked around and
Customers who aren't old enough to be of any practical benefit. They to the cooler I rose!
buy these products will often be the struggle to develop in a vacuum. I filled and I stocked what a
ones who attempt to make a scene or 1
intimidate a clerk into making a sale. In brief, managers and wonderful sight!
Unfortunately, too many clerks will employees need good information I was able to say Merry Christmas
bow to the pressure and make the grow and develop. They need to: to all and to all a good night!
to sale to avoid further conflict.
•Have their job expectations
Don't be threatened or intimidated. If clearly defined,
other employees are available ask for
their help. Check your store's policy •Receive specific feedback on I don't like to lose, and that isn't so
on how to deal with this type of their job performance, much because it is just a football I
situation - preferably before it
•See how their performance game, but because the defeat
happens.
impacts the performance of means the failure to reach your
others. objective. The trouble in American
-0-446- - To help your people, give them life today, in business as well as in
,,'y lots of clear, specific information sports, is that too many people are
•' =`� " ' r` about their job and their afraid of competition. The result is
air -4. I
:�► performance. They will use this that in some circles people have '
" f information to nurture their own come to sneer at success if it
'. • 31 growth and development. costs hard work and training and
'' ' "• • ♦ ♦ ♦ ♦ sacrifice.
i KNUTE ROCKNE
1
1
BROOKS FOOD MARKETS
AGREEMENT OF UNDERSTANDING
I I have reviewed the information on the previous pages regarding
the sale of alcohol, tobacco and lottery tickets to minors. As
an employee of Brooks Food Markets, I understand the following:
' 1. I will not sell tobacco products or lottery tickets to
persons under 18 years of age nor will I sell alcoholic
beverages to anyone under 21 years old.
' If any person appears to be close to the minimum age, I
will ask for ID. If there is any doubt about the person's
' age, I will not make the sale.
2. I will not knowingly sell any of these products to any
adult for use by individuals under the legal age. If I
believe this is happening, I will not make the sale.
•
• --
' Employee Name
(please print)
t Employee Signature
Store Manager Signature
Date
1 1
1
- 3 -
II
1
DISCIPLINE ‘4 1
In a business such as ours, the actions of one employee has an adverse 1
effect on the entire organization. Each employee has a responsibility
to conduct his or herself according to standard codes of conduct for
the business community as well as in accordance with our specific
rules and expectations.
Management will take disciplinary action when appropriate. Such
disciplinary action may include verbal or written reprimand,
suspension, discharge, or any combination of these steps.
Some of the actions that will result in discipline or discharge are
listed below: •-
1. Falsifying employment application or records.
2. Theft of any kind from store. '
3. Failure to work scheduled hours without a 24 hour notice or
reasonable excuse. '
4. Use or sale of alcohol, drugs or narcotics on company premises or
reporting to work in an unfit condition.
5. Carelessness or inaccuracy with checks or money.
6. Not ringing each and every sale on the register at the time of
sale.
7. Unwillingness to follow orders or perform duties requested by the
store manager or supervisor.
8. Indifference to fellow employees or customers.
9. Eating store food without paying for it. 1
10. Falsifying information on time sheet.
11. Use of Brooks for sale of unauthorized merchandise. '
12. Misuse of company property.
13. Unsatisfactory job performance or customer service. ,
14. Repeated tardiness.
15. Violation of policies or rules. '
111111 Or °11-
17
I
I 16. Disruption of the work of others, fighting, horseplay.
17. Sexual harassment.
1 18. Discriminatory behavior or comments.
19. Illegal sale of smoking or alcoholic beverages.
1 20. Improper handling 'of Food 'Stamps or WIC coupons.
21. Maintaining more than $100 in the cash register.
I
I
1 I
(r svbnc� 4, 1
Jy['/.- DOA cti 1 �"rr ++` GALL.. s .,
1 . Me i
8 , .
1 1 \\* *0 t
H
Q� Q! •
at IN Ot
a I u'
I
y
1 _ I' \ 4
a p oo, s
i
LET'S DO IT RIGHT
1 g
1
111
--. r
1
18 .
1
. r R' q '•% dt, yJ"''y >; >: % •9' 'Yui:ti'• • <'' , : ;fit iv^".. � :gdi?i.• ur-
K . ,,. c. :- F •>, ; :f • F.; :• ,v:.ss. rr,. �'� .,1-'t . �. .�,yiti
_ �L. vF F i;.•, i _ G!:: *,. •: ;;S:; .;y' •:•. • .: Y ' .. " "As %'''''%''` ,: TY�' % f* , h„ �f: - X' .
��' � ?{:t` «: 3,' %:�•' >»ii>x�'•" \r'i `«. ., •. ,w, ✓, fN. � - - - , .,,.o' - tc�.�. �'
� � • 4:�,i: •: :, ff• d. >�i $;�;J <fi:Y•K.: is�'S.,��. Y >'F�.�'S,'�tF� -:;:F) '^: •ti• • .v ; � r �r .c. )w.. .>:„� v::7cnc xr, ,w . ! .r ?'K
KciK, ., > e0:.: t .. t. =tt'.t,';fiC• ... h '' .. .0 '�d2`- , ,,,,,,, 4. x a:. - .; ,t Vj' '' iy:"a .
$. Kd:%i3•A: «;tF> 4ws- •.tfii F•q�`' •t g ; ti:. �Vi ,o. .." ✓• .' , .: ;• � ' r •,<;;;;:..• , ..0.:' `;« .." . -. ..
•. j :G.:: A.y :.• >��. .,,...a..:...,n..:. p.. i'r:•::rr iC'+ Y}:,v'nL�v• "ri� , Y Ar ,A,•R „M wJ•A. ^•:
� , .� '. :..;..::....: ; w... � .. ;;. �:..�:,:.::..•:.: •• ...; .:. .ai•'J`.;3rx•.,..,t� ;,.. . F:$. � •.M1^ r.. , .�� "C?`.l�3ecz � • ::. • ^.•r .:.... ;
:' > ::' 0 z . ;tn0.0 :0 Newsletter No 91 -27 For the week of July 22, 1991
E .A.., l .:,0
' , � �' rooks Fo d ke
, 1!) M: o Ma is II
3 ., ,...:.....,:„....„—,
' '` ”" ' ; Weekly Newsletter 99 T_ ,
1
. , leeks - - - - ' i�
� �,,
f Eg g
` ', a mo • -
. ..... ` . .. .; a ` , GENERAL 2NFfJ
. Many cities have passed or proposed ordinances regarding the sale and II
promotion of cigarettes. The intent of the ordinances is to prevent
minors from buying or stealing cigarettes. Local Police Departments
and Anti- Smoking groups have been conducting "Sting" operations where
minors are used to attempt to purchase cigarettes. Store Managers
$UST HAVE INDIVIDUAj� me wi each employee to explain the state
law regarding the sale of cigarettes to mi nors . 0 employee who does II not comply will be terminated. Enclosed is a policy guideline from
MGA, regarding the sale of tobacco, alcohol and lottery tickets.
Review the policy with each employee and have them sign the back of
the letter. THIS FORM. SIGNED BY ALL EMPLOYEES. MUST BE RETURNED TO
II
THE OFFICE BY JULY 30. 1991. Begin using a 30% margin when pricing
all produce. This should' give us competitive pricing and sell more
produce. To calculate the retail:
II
UNIT COST divided by 70 = RETAIL ,
>
f 1
�ROMOT = ON S
_Coke, Diet Coke, Pepsi, Diet Pepsi and Mountain Dew 24 -Packs have been
authorized for all stores. 15 cases of each have been ordered. Use I
10 cases of each for a floor display and put 5 cases of each in the
cooler to fill for single sales. Instruct all employees to use the
24 -Packs to fill the cooler. QQ NOT use 12 -Packs to fill these items.
Retail at $5.99 II
Old Dutch will be converting their $ .55 snack line to a $ .75 pre -
priced Grab Bag. ,
GATEWAY SHIPPERS
- A. Hershey M.A.R.K. Display - each display contains 2 Hersheys II Milk Chocolate, 2 Hersheys Almond, 3 Kit Kat and 3 Reese's
Peanut Butter Cups. Retail at $ 3/.99
B. Mounds & Almond Joy with display price. Pre - Priced at $3/.99
II
C. Trident Valu -Pak 366 count cooler display. Retail at $ .59
*Each store will have a drawing for a pass and discount II
I ticket offers to the LPGA, to be held at Edinburgh Golf
Course. '
Store /'s 26, 32, 37, 43, 44, 45, 48, 50, 53, 54 and 55 will receive
1
one case of ZOOMER RALLY NEON CARS. Retail at $1.29 .
,_
r
v ' ir. ' r, f• .• . -rV- r: i,n, - # 0 .,, , , 6 i » j o.:, • -�,•, Jam.' %,. X lfC•u9,•`�0S{ .• .,• nY - —. ::: s �Y •`af'�
r / k ?..4. tr ' ' y nZk /i `% ' .� ? . .a,.• r: ' C t �•r: "•` +•.„, - . �,''F.v• :,�+ Y-:, ,.L'S .....- :. n • •{40. / ' •..• a. l / �
r u•: : ::CH..1r . .•.•.,6.+?.•. a,Y.,.. :: } x.:: .;,:.:..: ?.c•:::.o : : •: .'Y :/ •,::;'.: ; +i '•�''• i f +�'f1f.., r2:. / "�': : /i .
.. y. a .•:v•!• }:u.,rc:k�; +.;::,:..`5: ••.:. <;a' i•'•f'•::h }v.. yfua.: �•+:+ i.•.• a.* � :^.'L ?:.v':.•Y:;:�,>.%•.f.•:, }r ::. •'�' :;::.' <'%�:' $ivi: �:l':N•,L• +. /.' /.• :u r /�^ywe:•S.'.'•�•' s } •'+ � An r /. C•''
II 5: {.�>., x+:;•$ }:$i :. +.r r ?:: , ::',.,''; ;;+ .. •: ?; .., :• •.::. .... •} .; : r': i , . r . .. U /, .- r f:�y-y .
.? .L +,!•Y.. : i �• „ :. J� vfl4.• i J j /. - �� ' /i, f � % ?' �ti O : : -.l � : '- � % -�l" �" _�. 1 / ��. � �
.� .. :� / •::: p . ; :t$ :••, }; }:y yv �P,M.-, � "^C:Y �� ri S' � ?q ' •' •!. '° 'k'x�f i Y .. .'"�' ....- a9rr'<,,.<.. %4' ' n "/..^`��•S, . 0,:,a
`$� ` • �' • 4 :x... '` :: : -. Newsletter No.90 -9 For the week of March 19, 1990
I D oo ks Food Markets
"` "$' y" Weekly Newsletter
s weeks
j ..:O0�
I
O ce
ii li t'''. e E rice changes
, � , " rc� , ` , ..
t:$;. :: •;? y . . i
; 1 •
i ,
1
0
i •
'X:{:.;::.: ;:.::%'l' ;'T'F:•:aky:•:a:•'• }•.:.• {. }::: •:i}:•i:- .. : .. :•ii % %•:ti: $:}i ...„ :: v}$$:• :f:•'. f:`•' +try: /•:i: !i4•v:: .:,, '.
1 Specials & •
.....: ':(. ; .. ,(-; n ... :r ,, ... We have been informed that a anti -
I < >': smokin or is planning a
"Sting" operation for the month of
4 April. They will be sending minors
.0° . 4 in to retail outlets in an attempt
° 44 to purchase cigarettes. All
° w og y� c°ic ,� employees should ask for
� o a~ o ° identification from any customers
I �� � o o o o s who appear to be 25 years old or
ti ° ° � ° � y o� `` �.� younger.
4
v �e 44' -o • ..of e, co r �~ ^f �' 1. ) "1. el a• ..4 62 ,y 4* Daylight Savings Time begins at . ay 0 - 0 • 4 4.4 44 2: OOAM April 1st. Please contact
�, �0 o 4 ry o ° 0 4 . , 4 j . all employees to ensure they are on
,� 4 time for their scheduled shifts. 4. 4 Cr . Vii ti° ~ .c o d y :
o ti�i �4
04o hy pip,
I h '4. p % ti °
N a 4' o -c•
' 7 ,
"fi ��` ,✓ •' , •
t
` -. f - ice'
V S
SPOTLIGHT ON CLEANING
TOBACCO SALES
As the weath r u f 1
e t rns co der the sales o fresh
I/ coffee increase. In order to maximize your coffee
In recent months Tobacco Sales to Minors has sales, please make sure the following procedures 1
become a very important issue. Several Cities have are being followed:
been setting up "sting" operations at various stores • Keep the coffee maker and surrounding area
throughout their cities to try and "catch" stores that clean and appealing.
are not complying with the laws.
In the City of Shoreview, about 38 percent of • The coffee pot (stainless steel dispenser) MUST
businesses tested sold cigarettes to a 15- year -old be emptied and cleaned daily. 1
girl during a sting operation by an advocacy group
last month. Two of the stores that refused to sell the • Periodically check the coffee for freshness.
girl cigarettes were our Brooks' stores #30 and #40. 1
The City of Shoreview has adopted an ordinance • Frequently check the levels of coffee in the
which allows the City to suspend the Cigarette brewer. Make new coffee as needed to ensure that
License of a store that sells tobacco products to we do not run out of the product. 1
minors. • If u have an y problems with the equipment.
In the City of Eagan, an underage girl was able call the eli k
Express Hotline (937 7 - 9440) annd ask
to purchase cigarettes in 19 of 21 stores she visited. for customer service. 1
These sting operations are becoming more
frequent throughout the metropolitan area. We
cannot express enough the importance of checking
I.D.'s when selling tobacco products. ? ? WHAT'S NEW ?? 1
Clerks convicted of selling tobacco to minors in
Minnesota can face up to one year in jail, a $3,000 The installation of new gasoline 1
fine or both. Managers and owners can also face equipment is underway at Brooks' Food
major legal difficulties as well. Market *31 in Moundsview. By the time this
. Please be sure that you understand the laws newsletter goes to press Jane Salmon, 1
regarding these sales. If you have any questions store manager, should be pumping gas
please contact the Store Manager or Area through the new equipment from the tanks
Supervisor. to the pumps. A complete face lift of the 1
1i exterior of the building as well as a new
A �„ canopy over the gas island comes next.
Brooks' Food Market °16 in St. Paul is
being converted from Mobil to Fina. Along
with a remodel outside and inside, the
I
"ANY THOUGHTS ?" store and the gasoline canopy will be wrapped
If you would like to contribute an in a backlit awning. It should be quite a
idea or an article to the "Food For transformation! 1
Thought" newsletter please contact f
your Supervisor.
, ki,.: , _., ;it,:.. 1
. ! ,. ..
.. 0s•- •1i 1
1
3
4
4 :"--
M vJ E([
IY M w F \ .''*
�'*'r-�i -0 Praek � V � ti �
Alp-,3*-„-22--- , -, , 4re It : ' , ' ''''. 4t
i is 77 - ' • - ' 4 ' %)'' •,' \ 4 ,.*, , * ----
t= ' , t , , . \ Iit. ' 1 ,,, : : :::: 1 i
� Gr��d a� � ,/ is . �,
1 - : ^ .
Diane Schaefer #33 Lilydale
REMINDER
3 -
- �,`�` _
.„ fF
IT'S THE LAW �� -`
You cannot sell liquor 3.2 beer I q ( bee ) to anyone
under the age of 21 and you cannot sell cigarettes Mike Weight #46 Ramsey
I or.lottery tickets to anyone under the age of 18. .
Don't try to guess the customer's age if you EYE CATCHERS ( ik -
aren't sure -- there's too much at stake. Ask for an
I ID. The ID must be a valid picture ID. If the customer Pictured above and to the left are just two
cannot (or will not) provide you with proper ID, DO of the eye catching, creative displays that have
NOT MAKE THE SALE. been popping up in our stores.
I Most customers above the legal age will comply Mike Weight at store #46 in
g sto e 6 Ramsey has
with a request for ID. Customers who aren't old been using neon posterboard to attract attention to
I enough to buy these products will often be the ones his displays and also to advertise everyday
who attempt to make a scene or intimidate a clerk merchandise such as produce.
into making a sale.
I Diane Schaefer at store #33 in Lilydale
Don't be threatened or intimidated. Clerks incorporated all the products needed for a successful
convicted of selling tobacco to minors in Minnesota Bar -b-que to create a unique fireplace setting,
I can face up to one year in jail, a $3000 fine or both. including artificial hot dogs and hamburgers!
State law also has penalties for clerks selling
alcoholic beverages to minors. Managers and/ Great work Mike and Diane keep those
I owners can also face major legal difficulties as well. creative juices flowing!
1