6. Tabacco Sales Amendment CITYOF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
C!!y As?Tlrisi.�`oi
TO: Don Chmiel , Mayor
City Council
1 Don Ashworth, City Manager
FROM: Scott Harr , Public Safety Directo
' DATE: September 6 , 1991
-a3
SUBJ: Tobacco Sales Amendment
1 Attached please find a copy of a -Tobacco Sales Ordinance Amendment .
The purpose of this amendment is to provide controls over the sales
of tobacco products . It is the recommendation of staff that this
ordinance be passed.
1
1
1
1
1
1
1
1
t4, PRINTED ON RECYCLED PAPER
1
I
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
IProducts 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
I 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 packaged in three or fewer individually
wrapped containers that the public has access to without the '
intervention of an employee. Self-service merchandising does
' not include the sale of cigarette cartons.
r08/30/91
I
•
1
(c) Self-Service Merchandising Prohibited. It shall be 1
unlawful for any person to offer for sale any tobacco product by
means of self-service merchandising.
(d) Sale of Tobacco Products by Minors Prohibited. It 1
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) 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
1
-2-
I
PASSED AND ADOPTED by the City Council of the City of
Chanhassen this day of , 1991.
ATTEST:
' Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
' (Published in the Chanhassen Villager on , 1991. )
I
1
I
i
I
I
1
1
I
1
-3-
I