9. Ordinance regulating cigarette sales - 9
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
December 18, 1989
' Note: Councilman Johnson asked for the
VIA FACSIMILE TRANSMISSION following opinion. Direction is
' requested as to whether an ordinance
Mr. Don Ashworth should be prepared/survey sent out/
Chanhassen City Hall other?
690 Coulter Drive, Box 147
' Chanhassen, Minnesota 55317 DWA (12-21-89)
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.
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
obtain cigarettes'. Some cons would be cost to retailers of moving
Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 5C 20 .W6 4
U i Y OF CHANHASSEN
•
r
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 information,
please give me a call. '
Very truly yours,
CAMPBELL, KNUTSON, SCOTT '
& FUCHS, P.A.
BY: ,
Elliott B. netsch
EBK:srn
cc: Jo Ann Olsen
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