4. Request for sale of cigarette by vending machine through the use of a remote control coin box LL
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CITYOF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
' Amen hY Li#Y A.rtrriin ;Traar
MEMORANDUM
frdo-ser.;.-_�
TO: Don Ashworth, City Manager;;;_
FROM: Jim Chaffee, Public Safety Director
Date Subre ed to Commission
DATE: January 17, 1990 _
Data Subrn;tted tc Ccuncfj
SUBJ: Cigarette Machine Sales/Chanhassen Bowl
BACKGROUND:
You may recall that as a result of the City Council 's action
banning cigarette sales from vending machines, a Mr. Dan Dahlin
' came in to speak to us on several concerns he had regarding the
ordinance . Mr . Dahlin apparently at one time was connected to
the Chanhassen Bowl by his Dad, Mr. Dahlin Senior, who was a
business partner of the present owner John Dorek .
' Mr . Dahlin came in to explain to us that he had installed a auto-
matic electronic device on his machines in the bowling alley. He
' assured us that at the present time he was not dispensing
cigarettes from these machines but had in fact installed these
electronic devices in an effort to comply with the spirit of the
law if not the letter .
' We in the enforcement arm of government oftentimes find ourselves
having to walk that delicate line between the spirit and letter
' of the law. An example of the letter of the law type enforcement
would be citing a motorist for going 31 in a 30 mile per hour
zone. The law states that anything over 30 miles per hour is
' illegal and consequently 31 is illegal.
The spirit of the law suggests that there are parameters in which
to judge a persons violation. Just as anything over 30 miles per
hour may be illegal, it is not realistic to believe that speedo-
meters are that exact or for that matter human judgment is that
precise. The spirit of the law says that the basic premise that
' the law was founded on is still intact and yet it allows some
grey area in enforcement. Case in point are tolerance levels by
police officers when issuing a speeding citation.
1
11 +Don Ashworth
January 17, 1990
Page Two
I differentiate these two because it is my belief that Mr. Dahlin
has complied with the spirit of the vending machine ordinance,
' but nonetheless he would be in violation of the ordinance if
allowed to sell cigarettes from these vending machines.
Mr . Dahlin suggests four hardships imposed on him by this new
ordinance. His first hardship or premise is that his customers
request cigarettes . I can not, nor would I endeavor to, dispute
that notion. In fact, however, the ordinance does not prevent
' the sale of cigarettes . It only prevents the sale of cigarettes
from automated dispensing devices.
' Mr . Dahlin's second difficulty as he states in his letter is
inventory control, management, and security, particularly with
young people. It is my guess from this statement that he is
' referring to the fact that he would be forced to sell cigarettes
from behind the counter to satisfy his customers demands. In
this case I believe he is stating that as a result of keeping a
larger inventory, the management and security would be difficult.
' Again, I am not disputing this but would suggest that it is only
difficult and not impossible.
' In point #3, Mr . Dahlin states that space limitations would pre-
sent a problem as far as stalking the cigarettes is concerned.
Again, it may be a problem but not impossible.
' Mr . Dahlin's point #4, thedoss of revenues produced by selling
these cigarettes jeopardizes the continuing viability of our
business . I would like to think that the operating expenses of
' Filley's and the Chanhassen Bowl are not dependent upon the sale
of cigarettes from vending machines. Once again, we are not
restricting their right to sell cigarettes, but only the method
' by which these cigarettes can be sold.
ANALYSIS:
' Mr. Dahlin is requesting that the Filley's and Chanhassen Bowl
establishment be allowed to sell cigarettes by the use of auto-
mated vending machines and with the installation of a remote
' control electronic device . They would operate two machines, -both
outfitted with these electronic remote control devices. Finally,
Mr . Dahlin is stating that he would have documents signed by all
' of their employees stating that they are aware of the laws
governing the sale of cigarettes to minors.
It would appear that Mr . Dahlin and Mr . Dorek have complied with
' the spirit of the law but unfortunately not the letter of the
law. A question may come to mind concerning enforcement efforts-
should these electronic remote control devices be allowed. While
' not as clean as a total ban of the sale of all tobacco products
through the use of automated dispensing devices, it would, in my
r
s
Don Ashworth x II
January 17, 1990
Page Three I
opinion, not pose a tremendous enforcement problem. Vending
I
machines outfitted with these remote control devices would act as
an extension of the clerks arm. Mr . Dahlin does not state how
the money will be changed during the initial sale and transaction.
I
Would the potential customer pay the bartender or would he just
go to the clerk or bartender, advise him of his desire to buy the
cigarettes, (and of course the bartender would check his ID) , then '
the bartender would throw the switch and allow the patron to
deposit the money himself or herself into the cigarette machine,
thereby culminating the purchase . From an enforcement stand-
point, it is easier to enforce the total ban on vending machine
I
sales of tobacco products.
Enforcing the total ban on automated dispensing devices for
I
cigarettes would be relatively simple, i .e. if the machine is
used for sale it's illegal. A more physical enforcement problem
occurs, i .e . one must see the transaction take place to a minor,
Iif exceptions are made such as Mr . Dahlin's request.
RECOMMENDATION:
I
It would be staff 's recommendation to seek Council guidance con-
cerning the issue of electronic remote control devices allowing I
the sale of tobacco products to identified patrons. If the
Council should decide to allow this procedure then an amendment
to the ordinance would be in order . A simple addition to the
ordinance itself could be made indicating the allowance of these
I
types of remote control devices in the sale of tobacco products
through vending machines. It would boil down to, I believe, what
the Council 's desire is concerning the letter of the law versus I
the spirit of the law, and if in fact Mr . Dahlin and Mr . Dorek
have complied with the spirit of the law.
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Attachments
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11 January 8, 1990
' Chanhassen Bowl , Inc.
581 West 78th Street
Chanhassen , Minnesota 55317
Don Ashworth , City Manager
The City of Chanhassen
' 690 Coulter Drive
Post Office Box 147
Chanhassen , Minnesota 55317
Dear Don ,
I am writing in regards to the action taken by The Chanhassen
' City Council on November 20 , 1989 regarding Automatic Cigarette
Vending Machines located within The City of Chanhassen .Whereas we
have not received a copy of the ordinance or specific instructions ,
we have , nonetheless stopped using our 'Automatic Cigarette Vend-
ing Machines as of January 01 , 1990 . We face a difficult set of
problems regarding the selling of cigarettes within our facility
as a result of this action ; 1 ) our customers request cigarettes ,
2 ) Inventory control , management and security is very difficult ,
particularly with young people working in the facility , 3) Space
' limitatioNs present a problem with stocking these items , and 4 )
The loss of revenues produced by selling these legal products
' jeopordize the continuing viability of our business .
' In attempting to deal with these problems and with the problem
of "minors" buying cigarettes from Automatic Cigarette Vending
Machines we have installed a "Utah" type remote control device
on these machines . I have included a schematic diagram of this
device and the name of the Police Officer in Woodbridge, Illinois
' who is knowledgeable in the operation and functioning of this
device. It is my contention that this device eliminates objections
' and legitimate concerns regarding the indiscriminate selling of
cigarettes to minors from Automatic Cigarette Vending Machines .
11
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page two I
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Specifically , what this devices does is render the machine inopera-
ble until the remote switch is activated by a responsible person '
who has verified that the potential customer is of the proper legal
age to purchase cigarettes . Once this fact is determined the
machine is activated and the customer may purchase one package
of cigarettes . Any subsequent sale must follow the same proced-
ural scrutiny.
Therefore , I am requesting that you allow us to dispense cigarettes '
in our business as follows ;
1 ) Automatic Cigarette Vending Machines (2) in our ' bar ' areas '
only , not the Bowling Alley Concourse or unattended hall-
ways .
2 ) Both machines to have these control devices installed.
3 ) Signed documents from all of our employees that they
are aware of the proper legal age ( 18) for selling
cigarettes , and that they are also aware of the legal
consequences (Gross-Misdemeanor) for selling cigarettes
to anyone under this age.
Thank you for your thoughtfulness , empathy and consideration .
Very truly yours i)110
442
Daniel F. Dahlin
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THE VILLAGE OF WOODRIDGE , ILLINOIS
I 1900 West 75th Street
Woodridge , Illinois 60517-2699
(312) 862-7000
i
Sergeant Talbot
I (708) 719-4740
IREMOTE CONTROL COIN BOX UNIT
"THE UTAH REMOTE"
1 1 ) One hour installation time .
2 ) Approximately $100.00 cost for parts .
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DEC-2971989 12:50 FROM V I LLAGE OF WOODR I DGE TO 16128875656 P.02 --.
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