1.1 City Code Limiting the sale of Tobacco from behind the Counter Only II 1 • )
CITY OF. 4 CHANHASSEN
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11 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX(612) 937-5739
MEMORANDUM
ITO: Mayor and City Council
IFROM: Don Ashworth, City Manager
DATE: February 26 , 1990
ISUBJ: Ordinance Amendment Regarding Limiting the Sale of Tobacco
to Behind the Counter Only
I I had not anticipated having this item on the agenda (see
attached letter) . Both the Mayor and Councilman Workman are
correct in noting that we did publicly state that this item would
1 be on the next agenda and, accordingly, we may have a number of
people present anticipating that it would be. Don did ask that I
place this item on the agenda in case persons were present and/or
I to allow the Council an opportunity to decide whether action
should occur Monday evening or not.
I do not recall which Councilmember brought out the point that we
I should be prepared to defend ourselves if we move ahead with this
ordinance. The point was excellent. . Based on initial feedback,
I am convinced that the City will be involved in a suit regarding
I the proposed ordinance. The primary basis of the City' s position
will be state law, protection of minors and health/safety/welfare
of the community. Those opposing the City will look to the
Constitution as a basis for repealing the ordinance. The issue,
I in all likelihood, will not stop at the county, circuit or the
state courts.
I I apologize to the Council for the dilemma confronting you as
to whether to act Monday evening or wait until March 12th.
Recognizing that -any procedural error will only provide ammuni-
II tion for opposition, delaying such to March 12th is recommended.
I do not see such as being all bad. 2 think that the City needs
to and should take every opportunity possible to alert our citi-
zens/support groups of the fight which will be imminent and
the recognition that we cannot fight the battle alone. I do not
know if the Council wishes to select $2,000, $4,000, etc. , as the
cut-off point, but some maximum needs to be established. Our
II viewers, the media, and support groups need to know that we can-
not carry out this challenge alone and that we need their dollars
if we are to be successful. Accordingly, the more times that
II this item appears on to a City Council agenda, the better.
Tabling to March 12, 1990 is recommended.
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February r 16 , 1990
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1 Re: 1990 Cigarette Licenses
11 Dear v:
Your application for a 1990 cigarette license was processed and
' recently forwarded to you. The notice sent to you with the
application included warnings that the City would be enacting an
ordinance prohibiting sales of cigarettes via vending machines .
Those types of sales were to have ceased on or before January 1,
1990.
This letter is to inform you that the City is additionally con-
sidering further restricting cigarette sales to "behind the
counter" locations. In essence, there is to be no "self-service"
of tobacco products including cigars, packages of cigarettes,
' cartons of cigarettes, or other tobacco products.
In light of the fact that the City may be further restricting
sales and that such action has occurred after your making appli-
cation, this notice is to provide you an opportunity to request a
refund of your application fee if such restrictions cannot
reasonably be met by your establishment. A refund will be paid
for all applicants requesting such on or before March 15, 1990.
A copy of the proposed ordinance, which was unanimously supported
during first reading, will be finally heard on March 12, 1990.
' Sincerely,
Don Ashworth
City Manager
DA:k
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CAMPBELL KNUTSON SCOTT & FUCHS P.A.
Attorneys at Law
Thomas J. Campbell
Roger N. Knutson (612)456-9539
Thomas M. Scott Facsimile(612)456-9542
Gary G. Fuchs
James R. Walston
Elliott B. Knetsch
Dennis J. Unger I
February 20, 1990
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Mr. Don Ashworth
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RE: Tobacco Products Ordinance
Dear Don: I
Enclosed is a revised tobacco products ordinance. The
changes requested by the City Council at the meeting on February
12, 1990, have been made. In addition, the definition of self-
service merchandising has been changed by striking the last
sentence. That sentence is unnecessary since remotely controlled
devices of any kind will not be allowed.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
BY: 4l�II Al‘/ AA.
Elliott B. ..t7 sch
EBK:srn
Enclosure
FEB 2 21990
;Ai y of CHANHASSEM
Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122
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 10-127 to read as follows:
Sec. 10-127.1 Legislative Findings and Intent.
The Chanhassen City Council finds and declares that:
' (a) The Surgeon General has determined that cigarette
smoking is dangerous to human health;
(b) The National Institute on Drug Abuse found that
' cigarette smoking precedes and may be predictive of adolescent
illicit drug use;
' (c) Open display makes tobacco products easier to shoplift
and therefore more accessible to persons under age eighteen (18) .
(d) 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.
' Sec. 10-127.2 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 open display of tobacco
products that the public has access to without the intervention
of an employee.
Section 2. Chapter 10, Article III of the Chanhassen City
' Code is amended by adding Section 10-128 to read:
r02/20/90
Sec. 10-128. Self-Service Merchandising: Prohibited Sales. I
It shall be unlawful for any person to offer for sale any
tobacco product by means of self-service merchandising. ,
Section 3. Chapter 10, Section III of the Chanhassen City
Code is amended by adding Section 10-130 to read: '
Sec. 10-130.1 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.
Sec. 10-130.2 Appeal.
(a) 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.
(b) 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.
Section 4. Chapter 10, Article III of the Chanhassen City t
Code is amended by adding Section 10-131 to read:
Sec. 10-131. 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 5. Chapter 10, Article III of the Chanhassen City
Code is amended by adding Section 10-132 to read:
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Sec. 10-132. Penalty.
A person convicted of any violation of this Article shall be
' guilty of a misdemeanor.
Section 6. This ordinance shall be effective immediately on
May 1, 1990.
PASSED AND ADOPTED by the City Council of the City of
Chanhassen this day of , 1990.
ATTEST:
' Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1990. )
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CITY OF cam- 1
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I
• (612) 937-1900
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MEMORANDUM I
TO: MAYOR, COUNCILMEMBERS, DON ASHWORTH I
FROM: TOM WORKMAN 9�� I 1
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DATE: FEBRUARY 20, `11990
SUBJ: NEW SMOKING ORDINANCE I
This ordinance remains a great idea. I have enclosed a very
recent article from the Star Tribune which I wanted to make sure
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you would see. The marketing of cigarettes (a controlled
substance) is an abused privelege we can do something about and I
hope we will. Thanks! ! !
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RECEIVED I
FEB 211990
CITY OF CHANHASSEN
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1 18A• Saturday/February 17/1990/Star Tribune •
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Plan recommends marketing
i1 cigarette to young white women
Washington Post •With no education beyond high different categories of consumers,"
school; the statement said. "Dakota is no
I Washington,D.C. different. It is not a male brand or a
The R.J. Reynolds Tobacco Co. •Whose favorite television roles are female brand"
plans soon to introduce a brand of "Roseanne" and "evening soap op-
cigarette that targets young, poorly era(bitches)"; Reynolds officials would not elabo-
educated,white women—whom the rate, and it could not be determined
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company calls"virile females." •Whose chief aspiration is "to get whether the detailed marketing suat-
married in her early 20s" and spend egy prepared for the company by
The goal is to capture the lucrative her free time "with her boyfriend Promotional Marketing Inc., had
market among 18- to 24-year-old doing whatever he is doing." been accepted by the company.
I women,the only group of Americans -
whose rate of smoking continues to The marketing study for Dakota Dr. Louis W. Sullivan, Secretary of
increase. The competition for that shows how the cigarette was designed Health and Human Services, said
group has become intense. to"replace Marlboro as the brand of yesterday, "It is especially reprehen-
1 choice among female smokers 18- sable to lure young people into smok-
The ad campaign focuses on a certain 24." ing and potential lifelong nicotine
group of women whose favorite pas- addiction."
times, according to the marketing Reynolds acknowledged plans to
plan, include "cruising," "partying" market Dakota yesterday. "And the risk that smoking specifi-
I and attending "hot-rod shows" and cally poses for women adds another
"tractor pulls"with their boyfriends. But of the marketing study,the corn- tawdry dimension to any cigarette-
pany said in a statement, "Reynolds marketing effort aimed at younger'
Disclosure of the marketing recom- does not know what these documents women." Sullivan led the fight
I mendations comes just three weeks contain. Reynolds does not know if against Uptown.
after Reynolds was forced by strong they are authentic or fabricated . ...
opposition to cancel plans to test- If they are authentic, they represent Tobacco use has become the largest
market "Uptown," a brand of ciga- stolen, proprietary information be- preventable cause of death and dis-
• rette aimed at blacks. longing to R.J. Reynolds, and which ease among U.S. women, killing
would be of great value to our corn- more than 125,000 each year,accord-
Reynolds plans to test the"Dakota" . petitors" ing to health statistics. Studies have
in Houston in April. The extensive shown that women who smoke one
proposals for"Project V.F,"for virile Reynolds said that Dakota is not to four cigarettes a day have two to
I female,describe the preferred"Dako- aimed solely at women. "Different three times the risk of heart attack as
ta"smoker as a woman: products are designed to (appeal to) women who don't smoke.
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