3. Regulation of Cigarette salesl CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
'
Action BR DIN Qdr?n stratOr
MEMORANDUM
TO: Don Ashworth, City Manager j _
' Rejsc
FROM: Jim Chaffee, Public Safety Director
' DATE: January 17, 1990 NCO 1
SUBJ: Proposed Ordinance Regulating Cigarette Sales °
1
We have received an opinion from our City Attorney which indica-
tes that it is within the City's perview to inact ordinances that
prohibit cigarette sales except from "behind the counter" . With
' this in mind, I would suggest that the cigarette industry would
put up a tremendous fight to prevent such an ordinance from
taking effect. One of the comments the City Attorney made was
' the cost to the merchants associated with the moving of cigaret-
tes to the display area behind the counter . For the most part I
believe it is the cigarette industry itself that sets up the
displays and vies for the most advantageous location within the
retail complex for maximum exposure .
By mandating that all cigarette sales be transacted from behind
' the counter would limit the exposure sought by individual tobacco
products .
' The advantages of selling cigarettes (I would suggest all tobacco
products) from behind the counter would be greater control by
the merchants over the indiscriminate handling of a small
package . As a police officer for many years, I know from
' experience that the small cigarette package is easily concealable
and a very tempting item for Juveniles . As we tighten up the
methods of sale in other areas, i.e. vending machines, it becomes
' harder and harder for young people to legally purchase cigaret-
tes. This makes it all the more tempting for a theft to occur
given the easily obtainable small packaged 'items usually close
to the front door .
' The City Attorney pointed out that some of the cons would be the
cost to retailers of moving the displays, possible complications
in physical management of stores, and delays at checkouts.
11
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II Don Ashworth
January 17, 1990
Page Two
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CONSIDERATIONS:
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The use of tobacco products has been deemed by the United States
Surgeon General to be hazardous to your health. Some studies
I have shown that even passive smoke is hazardous to those in the
immediate area. Additional studies have shown that the greatest
impact that smoking has is not on your lungs but on your entire
I cardiovascular system. Some say that the greatest risk of
cigarette smoking is not lung cancer but cardiac disease leading
to a miocardial infarction.
I Cigarette smoking is thought to be addictive and involves nico-
tine, which the Webster dictionary defines as a poisonous
substance found in tobacco and used as an insecticide.
IAll this points out is the fact that we are not regulating the
sale of candy bars or tuna fish or apples and bananas. It would
II be an attempt to regulate a product that has been shown to be
hazardous to your health.
IRECOMMENDATION:
This office has no recommendations for Council direction. From
I an enforcement standpoint, we will handle like any other ordi-
nance should Council decide to adopt an ordinance that would pro-
hibit the sale of tobacco products except from an area "behind
I the counter not accessible to the general public" . Should
Council wish to pursue this, staff will ask the City Attorney to
draft a proposed ordinance .
I
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CAMPBELL, KNUTSON, SCOTT & FUCHS, EA. —71
Arta at Law
Thomas J.Campbell I
Roger N.Knutson
Thomas M.Scott (612)456-9539
Gary G Fuchs Facsimile(612)456-9542
James R.Walston
Elliott B.Knetsch
Dennis J.Unger
December 18. 1989
VIA FACSIMILE TRANSMISSION '
Mr. Don Ashworth
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RE: Proposed Ordinance Regulating Cigarette Sales ,
Dear Don:
We have been asked to respond to the question whether the
City may adopt an ordinance prohibiting cigarette sales except
from "behind the counter". In our opinion, the City has authority
to enact such an ordinance. t
-
The City may enact ordinances under its police powers which
protect public health, safety and welfare. Minn. Stat. § 412.221 ,
Subd. 32. The City •must have a rational basis for the ordinance
which is related to a legitimate public interest. Prevention of
crime and protecting the health and welfare of children are
certainly legitimate public interests.
The tobacco industry has challenged similar ordinances by
claiming state law preempts individual cities from regulating
sales of cigarettes: However, Minn. Stat. § 609.685, Subd. 4,
which prohibits sales to children, specifically provides that
cities may adopt more stringent regulations in this area.
Another challenge to a similar state law has been brought in
Utah. The tobacco industry has obtained a temporary restraining
order, alleging the law violates the equal protection clause of
the Constitution by discriminating against one class of products
(cigarettes). The case is pending and it is unknown when a
decision will be issued.
•
The primary benefits from such an ordinance would be
prevention of theft and making it more difficult for children to
II
obtain cigarettes. Some cons would be cost to retailers' of moving
•
Yankee Square Office III • Suite 202 • 3460'Washington Drive • Eagan, MN 3A,C 20 19d9
GAM*CHANHfSSEN"
1
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Mr. Don Ashworth
December 18, 1989
Page Two
' displays, possible complications and physical management of
stores, and delays at checkouts. This list of pros and cons is
not meant to be taken as exhaustive.
' If you have any comments, or need additional infojnation,
please give me a call. ,
•
' Very truly yours,
CAMPBELL, KNUTSON, SCOTT
' & FUCHS, P.A.
BY: •
E1 ott B. netsch
EBK:srn
' cc: Jo Ann Olsen
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RESOURCES DRUGBUSTERS QUIZ
If you would like information or assistance,contact: Learn the answers to this Drugbuster quiz. nnier, •
Californians For Drug Free Youth(CADFY) Watch Dana James'special reports on Eyewitness
(916)241-0395 News at 5:00,and you can be a Drugbuster too. _
NOV.1 Would legalizing drugs lessen the abuse F� '�' `._�,
Alcoholics Anonymous roblem'' j f�`,
Los Angeles-(213)387-8316 NOV.2 toes misinformation work to keep kids l
San Fernando Valley-(818)359-0084 off drugs'
Orange County-(714)556-4555 NOV.3 Do alcohol commercials cause kids to drink? j
Ventura County-(805)487-4865 NOV..6 What happens peens when kids are caught using drugs'
Li:.
Narcotics Anonymous NOV.7 Why do some people go through rehabilita- 4 t i 1 ! '
Los Angeles-(213)372.9666 lion more than once? t , i f/
-(213)850-1624 NOV.8 Does smoking cigarettes lead to using
,e' � e !
Orange County-(714)776-8581 harder drugs? .. . . ' M!
Ventura County•(805)483-4161 NOV.9 Do celebrities who have recovered �' "" ., 7.0.40.7.0..v""m—vr-l'or ilr 4:6).1
from drugs have a positive or negative
Mothers Against Drunk Driving(MADD) effect on youth?
Los Angeles-(213)641-5017 NOV.10 Can an athlete steer a kid away from drugs?
San Fernando Valley-(818)986-6233 NO 13 How is athletic ability affected by drugs? Si
NOV. 14 How does drug testing work in high schools? µ
Los Angeles County Drug Abuse Program NOV.15 Can kids learn substance abuse from adults? e. '
(213)624-DRUG NOV. 16 How do moms on crack pass their habits on '�Ac e so
to their babies? •'
Orange County Drug Abuse Program NOV. 17 How do drug babies grow?
(714)834-2011 NOV.20 How does neighborhood involvement make >r
a difference in the war on drugs?
Ventura County Drug Abuse Program NOV.21 What common household items can be
(805)654-3480 dangerous?
NOV.22 How do drugs cause kids to drop out of
Drug Abuse Hotlines school?
(800)Be Sober NOV.27 What are a teen's chances of staying alive
(800)Cocaine on drugs? resented by the McDonald's
NOV.28 Do drugs lead to teen suicide?
NOV.29 Does drug rehabilitation work? Association
NOV.30 What are local kids'solutions to the drug Operators'Associati�;
on
problem?
of Southern California and
117. Ni41
Channel fb Eyewitness News.
; .
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EYEWITNESS NEWS®5:OO PM
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IC A P r - T A l
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•
Dear McDonald's Customer: KIDS,DO YOU KNOW? PARENT'S,DO YOU KNOW? t
f.
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McDonald's restaurants,Channel cb Eyewitness News, Beer and wine coolers both contain exactly the same The average age kids first try drugs is 121 years oki.
and participating schools are proud to present a unique amount of alcohol as a shot of scotch,whiskey,vodka or gin.
55%of our kids start drinking alcohol before the ninth
anti-drug education program...Drugbusters! Theresa new law in California;if you're 13 to 21 years old grade.
The purpose of Drugbusters is to build a young genera- and convicted of any drug or alcohol offense,you lose
driver's license for one year or wait an extra year to Those kids who smoke cigarettes and/or drink beer at a
lion of anti drug leaders where we need them the most... your younger age are more likely to use illegal drugs•
in our schools.All through November,Eyewitness News get your first license.
at 5:00 will air special Drugbuster reports.These reports Kids 8 to 12 years old get high by sniffing commonly used
will answer questions your children may have about steroids to athletic performance can cause: household items like glue,paint polish
Using mt thinner,nail nsh
substance abuse.Then,in the classroom,teachers and •acne, yp
students will discuss the re and •hair loss, remover,or typewriter correction fluid because these
Drugbuster news quiz ' participate in a •severe depression, products are cheap and legal.
•hallucinations. 5196 of high school students have tried illegal drugs.
Finally,on November 29th,a student representative from Some special dangers of using"Crack'even one time,are: Marijuana today is 10 times stronger than it was in the
every participating 7th grade class in Southern California •rapid addiction, '60s,and it takes up to 30 days for the active ingredient,
will be invited to attend the"Kids'Summit on Drugs' •extreme depression, THC,to leave the system.
These young anti-drug leaders will join forces with other •respiratory problems,
anti-drug leaders in our community to share concerns Crack,a smokable form of cocaine,looks like shavings
and build solutions for the war on drugs in our schools. •brain seizures, scraped from a bar of soap or chunks packaged in plastic
•heart attacks
We urge you and your family to watch these valuable Some possible signs that a good friend may be using vials.
Eyewitness News reports.Learn the answers to the Drug- dru are: When kids use steroids to improve athletic performance,
buster Quiz on the back of this brochure,and you can be red eyes, some side effects include:
•a Drugbuster toa •constant cough, •stunted growth,
•weight skipping h loss, •kidney disease,
Sincerely, •ski school, •weight loss or gain,
• •sudden changes in moods. •rash,
. •increased chance of injury.
Driving performance is impaired for as long as 24 hours
a 64------ after smoking only one marijuana cigarette. The main cause of death among teenagers is drinking
Ron Piazza and driving;it accounts for 20%of all deaths of young
President Friends are using"negative peer pressure"when they say: people 15-20 years old.
McDonald's Operators'Association •"I won't be your best friend if you don't..." Kids they use drugs:
of Southern California •"You're just a nerd if you don't..." say gs:
•"Nobody will like you if you don't..." to get away from problems,
•"Everybody does it!It won't hurt you... •to see what it's like,
I e Some ways to resist negative peer pressure are: •because their friends use them.
•Be aware that it exists. Some signs of possible drug use are:
Terry Cmfoot v •"No thanks,I'm on my way to the gym" •excessive use of eye drops,breath spray
President,General Manager (have something else to do) • •and incense.
�BCgy •"No thanks,it makes me really sick:' •lower grades in school,
(give a reason) •changes in friends,
• •"No thanks.Hey,what about that English •runny nose and coughing.
assignment?" Some ways to stay a drug-free family are to:
(change the subject) •really listen when your kids talk,
•"If you were really my friend,you wouldn't ask me!" •set firm but fair home rules and be prepared to
(turn it around) enforce them,
•"No!No way!No no and again,no!" •know who your child's friends are,
(just say"no!") •create a warm and loving atmosphere for your
children.
Information provided by the Scott Newman Center; f
preventing drug abuse through education.
J.