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4. Ordinance Amendment Prohibiting Cigarette Sales vis Vending Machine i ' 4 i 1 -1 C I TY OF ,.. .., . , ..,_ _ ...1 . 1 1, • CHANHASSEN .„:: I :. 'ilk.: 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 Action by qty Administrator Endorsed I MEMORANDUM Modified Rejected TO: Don Ashworth, City Manager pate //—IS 47 I Date Submitted to Commission FROM: Jim Chaffee, Public Safety Director ` Date Submitted to Council IDATE: October 31, 1989 //-20-F7 SUBJ: Ordinance Amendment To Chanhassen City Code Pertaining IITo Cigarette Dealers After talking to Councilmember Workman, it was decided to publish I a public hearing regarding the restricting of cigarette dispensing vending machines within the City. The Public Notice will be published at least 10 days prior to the public hearing I which is scheduled to be heard on November 20, 1989 . In addition, letters will be going out to all of the business owners in the City that have cigarette licenses. I This was decided in an effort to streamline the process and get the ordinance amendment passed by City Council. I have attached a copy of the Public Hearing Notice of the ordinance amendment I for your information. Please let me know if you have any comments or concerns regarding this matter. I PUBLIC SAFETY COMMIS4JON ACTION: Please be advised that the Public Safety Commission looked at this ordinance amendment at their regularly scheduled monthly meeting on November 9, 1989. A lively discussion was had :concerning the Abridgment of individual 1 rights, especially in areas where minors are not allowed to go anyway. The Public Safety commission roved to"support -the ordi- nance amendment but limiting it to areas accessible,to minors. I The motion specifically excluded industrial businesses with cigarette vending machines provided for ,employee use. ANCILLARY NOTES: I received word that an attorney, Tom Bryant, 1 may possibly be in attendance at 'the Public Hearing considering this matter . Mr. Bryant is a representative of the State of Minnesota Association of Vendors. I I 1 t r I 1 1 I I 1 I I 1 I I I I I I I 1 I ' FINDINGS STUDY OF TEENAGE CIGARETTE SMOKING AND PURCHASING BEHAVIOR June/July 1989 ' Introduction This study was conducted to determine how and where teenagers who smoke currently obtain their cigarettes. More specifically, this study was done to measure the following: the extent to which teenagers obtain cigarettes by purchasing them, and the portion of the cigarette purchasing that is done through vending machines. Methodology This was a mall intercept study which surveyed 1015 males and females between ' the ages of 13 and 17 who smoke cigarettes. The number of teens interviewed from each age group mirrored the 1987 Census Data of the teenage population. Additionally, half of the interviews were conducted with females and half were ' conducted with males. In order to obtain a geographically dispersed sample of teens, the study was conducted in twenty cities throughout the U.S. Two different mall locations were used in each city. One mall was located in an average to above average income area and the other was in an average to below average area. This was done to get the best possible representation of different socioeconomic areas. Overall Findings This study found that vending machines are not a primary source of cigarettes for teenagers. When teens first start smoking, they rely heavily on their friends for cigarettes. After this initial phase, the main source of cigarettes for teens is an over-the-counter location. I I I I 1 1 1 1 I 1 1 I 1 1 1 1 I I 1 I I • . • - Current Source Of Cigarettes • While friends were initially the primary y p mar y source of cigarettes, this is not the case beyond the first phase of smoking. The most frequently used source of. t cigarettes is to purchase them. Nearly three-quarters of the teens (72%) reported that they bought cigarettes more often than they used other methods of obtaining cigarettes. Furthermore, there was little variation on ' this measure between males and females. However, the older teens were more likely than the younger ones to buy cigarettes frequently (60% of 13 ' year olds vs. 85% of 17 year olds). And, very few of the 17 year olds (5%) never buy cigarettes. • While friends are not the primarily source of cigarettes once teens have roy established their smoking habit, they are an important secondary source.. Almost half of the teens (45%) rely on friends occasionally for cigarettes. ' Friends are of particular importance to the younger teens. Almost four out of five 13 year olds (79%) go to their friends often or occasionally for cigarettes. ' • Family members are not a significant source of cigarettes for teens regardless of their age. Cigarette Purchasing Behavior • Frequent Purchasers, those who buy cigarettes often or occasionally, rely much more on over-the-counter sources than on vending machines. Almost two-thirds of the Frequent Purchasers (64%) buy over-the-counter often whereas only one in eleven (9%) buys from a vending machine often. • Over-the-counter sources are used more by the older teens than by the ' younger teens. Over three-quarters of the 17 year olds (78%) buy over- the-counter frequently whereas only half (46%) of the 13 year olds do. • Those who purchase over-the-counter often or occasionally cited four locations as the ones they go to most frequently: convenience stores (43%), gas stations (29%), grocery stores (11%) and drug stores (6%). • As mentioned, less than one in eleven Frequent Purchaser uses a vending machine often. In fact, over three-quarters of the Frequent Purchasers (78%) seldom or never buy from a vending machine. Of course, this varies by age. The 13 year olds are the most likely to use vending machines (22% do so often) and the 17 year olds are the least likely (2% do so often). ' The primary location of the vending machines used by teens is a restaurant or other eating establishment. Almost half (47%) of those who buy from a ' 3 _Tr • I vending machine often or occasionally go to a restaurant most often. Bowling alleys (11%) and gas stations (11%) are also popular locations. 1 • • Those who use over-the-counter locations often or occasionally gave their reasons for this usage. There were three main reasons: ' they are convenient (31%), they will sell them to the teens (18%), and they prefer these locations because they dislike vending machines. , • Those who seldom or never bought over-the-counter did not buy from this source more frequently primarily because they were underage and felt they would be asked for an ID or hassled in some other way (59%). • Teens who bought from vending machines often or occasionally found this source to be attractive because no one will stop them from buying cigarettes this way (56%). • The teens who seldom or never bought from vending machines did not buy there because they felt that these machines were not conveniently located (48%) and cigarettes in machines were more expensive than those sold in stores (35%). Difficulties Encountered When Trying To Buy Cigarettes ' • The teens who buy cigarettes (often, occasionally or seldom) were asked if they had ever been prevented from buying cigarettes. Three in five of them had, with more 13 year olds having been refused (71%) than 17 year olds (50%). , • Those who had been refused were asked if they had been refused when buying over-the-counter and/or from a vending machine. Virtually all of these teens (98%) had been refused when buying over-the-counter, while about one in nine (11%) had been prevented from buying from a vending machine for a reason other than that the vending machine was broken. ' Teen Awareness Of Cigarette Purchasing Laws • Three-quarters of the teens (76%) were aware of a state law which prohibited certain kinds of people from buying cigarettes. When asked what the law said almost everyone (95%) indicated that it required the residents to be a certain age in order to buy cigarettes. 4 1 bri'Pe'ttehs'fihi nee cu'flciis in' low�n B James smoke Y Walsh anyway.1 Staff Writer It won't make any Frankly,they said,they don't teen smoking leads to a lifetime of vending machine.In a study in difference, understand what all the noise is addiction and how a proposed ban which teens went out to buy "• about. On a day when two Twin Cities city John Cooper, 17,said,"If you really on cigarette vending machines will cigarettes in three Twin Cities meta help cut the chances of kids getting area communities,kids were council members announced their want to,you can get them "If you want.to smoke,I think you hooked. intent to ban cigarette vending anywhere.", should be able to smoke,"said machines buying cigarettes from machines as pan of the war against machines more than 70 percent of Cooper,who has been lighting up for "Cigarette machines make up a small the time. teenage smoking,some local high Cooper and Christensen were just two years."They shouldn't put some percentage of overall cigarette sales • schoolers said officials are simply two of several high school students age limit on it." to adults,but I don't think it is for That was after a new law went into blowing smoke. sitting outside on a glorious Monday kids,"said Jean Forster,a University effect in Jul afternoon,soaking up some rays and About a mile away,Bob Long of the of Minnesota researcher. Y July providing up to a year "I just get'em at the store,"said May casually doing exactly what the St.Paul City Council,Joan Niemiec in ja tes to mi convicted of selling Christensen,a I 6-year-old student at council members want them to stop of the Minneapolis City Council and Forster's research has shown that for cigarettes to mnors. Central High School in St.Paul. —smoking. several antismoking activists called a 13-and 14-year-old boys,the "Machines are too expensive, press conference to talk about how cigarette source of choice is a Cigarettes continued on page 7B t fq (S (0_ 2,y._...6;2 Cigarettes Continued from page 1B That is the kind of ammunition that much less likely to smoke. White Bear Lake used to pass a ciga- rette vending machine ban two weeks The kids who were sitting outside a ago. Long and Niemiec hope to push local high school Monday have heard through similar bans in Minneapolis that one before, and it just doesn't and St.Paul. wash,they say. . Those proposed ordinances could get Christensen said she started smoking their first hearings before the two city in the fifth grade, stealing cigarettes councils this week. from her mother. They have been easy to get ever since,she said. Long said a ban is a symbolic, and practical, step in the war against Shahid Omerzai, 17, said it doesn't smoking. Most smokers start young, really matter what the city does. He he said. Take away the source for seldom has to use vending machines young people and you decrease the because he is seldom asked for iden- number of smokers. "We can't do a tification when he buys cigarettes very good job of enforcing the law on over the counter. the books if we have vending sales • which are virtually unregulated," he "If they do, I just go somewhere said. "This is a turning point in the else,"he said. way society views illegal cigarette sales to minors." "More people are checking IDs since the new law," he said, "but if you're Forster said kids who are forced to real slick about it, there's no prob- buy their cigarettes over the counter lem." are much less likely to get them and I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I Mr. Donald Chmiel Mr. Thomas Workman Ms. Ursula Dimler Mr. Jay Johnson Mr. William Boyt November 15, 1989 Page 3 Please feel free to contact me if you have any questions. ' Very truly yours, OLSEN, SNELLING i CHRISTENSEN, P.A. Thomas A. Briant Attorney at Law ' TAB/dm Enclosure cc: Coalition for Responsible Vending Sales Donald Ashworth, Chanhassen City Manager 1 .,- 1 Detailed Findings 1 Initial Smoking Behavior • On average, the teens included in this study started smoking at the age of thirteen. There was not a lot of difference between the males and females as to when they started smoking. ' • The teens were asked to express in their own words the reasons why they started smoking. They indicated that the primary motivator was knowing 1 someone else who smoked (58%). This other person was usually a friend (42%). Social pressure also played a role in the teens' trial of cigarettes (30%). , • Friends who smoked were both the main reasons why others started and the main source of cigarettes for these new initiates. Almost three in five of the teens (57%) said that their main source of cigarettes when they first started smoking was their friends. Unlike the others, the teens who started smoking before they were ten years old were equally likely to rely on their friends and on family members for cigarettes. • Most of the teens who primarily got their cigarettes by purchasing them when they first started smoking bought them over-the-counter (84%) and not from a vending machine (only 16%). Current Cigarette Consumption • The teens were asked about their daily and weekly cigarette consumption. ' On average, these teens smoked half a pack of cigarettes the day before the interview. Additionally, the average male smoked more (11 cigarettes) than the average female (9 cigarettes). • As can be expected, the younger teens smoked less than the older teens. In fact, the 17 year olds smoked twice as many cigarettes as the 13 year olds (14 cigarettes vs. 7 cigarettes on average). • The number of cigarettes that the teens reported smoking in the week before the interview was slightly less than seven times their reported daily consumption. On average, the males smoked just over 3 and a half packs (73 cigarettes) and the females had smoked just over two and a half packs (56 cigarettes); while the youngest teens smoked about half as much as the oldest teens (13 year olds--45 cigarettes and 17 year olds--88 cigarettes). , • 2 1 I Parental Awareness and Approval Of Their Teenager's Smoking • The teens were asked who else in their family smoked. Only 15% said that ' no one else did. Almost half of the teens had a father and/or mother who smoked (49% and 45%, respectively). ' • As a way of determining whether or not their parents were aware of their smoking and approved of it, the teens were asked if they were permitted to smoke at home. Almost two in five teens (38%) were allowed to. The portion of teens who could smoke at home varied by age. Less than a quarter of the 13 year olds (22%) were able to while over half of the '17 year olds (54%) could. Additionally, almost half (45%) of the teens were permitted by their parents to purchase cigarettes. This too, varied by the age of the teen. Almost two- thirds (64%) of the 17 year olds were permitted to while only a quarter of the youngest teens could. • When asked where they got the money for their cigarettes, three main sources came up: a job (63%), from parents/mom/dad (26%), and from one's allowance (26%). Since the older teens are the most likely to hold jobs, this was their primary source of cigarette money, wheras the younger teens relied more on their allowance and their parents. I The complete study including the questionnaire and methodology used and a description of the pretest is available upon request at a price of $20 from the National Automatic Merchandising Association, 20 North Wacker Drive, Chicago, Illinois 60606. • I 1 5 . 1 • RESPONSE RESEARCH STUDY ' of 1 TEENAGE CIGARETTE SMOKING AND PURCHASING BEHAVIOR , The 1980's have witnessed a substantial change in the American Public's ' attitude toward smoking cigarettes. Along with this attitude switch have come new laws regulating smoking. This has had an impact on the companies and organizations which are associated with the selling of cigarettes. N A M A, which is the national trade association of the merchandise vending machine industry, is one such organization which has been affected by this attitude change. It is specifically concerned about proposals to ban the sale of cigarettes through vending machines. The rationale for such a ban is the allegation that many teenagers purchase cigarettes from vending machines. As a result, N A M A commissioned Response Research, an outside, independent marketing firm located at 500 North Michigan Avenue in Chicago, Illinois 60611, to conduct a survey to I determine how and where teenagers ages 13 through 17 who smoke currently obtain cigarettes. The study also makes findings about what influences teenagers to begin smoking. ' It is hoped that the findings presented here will assist interested organizations and lawmakers in getting factual and current data regarding I the involvement of vending machines in the smoking habits of teenagers. 1 1 Coalition For Responsible Vending Sales 5101 Vernon Avenue South I Suite 400 Minneapolis, Minnesota 55436 (612)927-8855 IINovember 15, 1989 I I Mr. Donald Chmiel Mr. Jay Johnson Mayor, City of Chanhassen Councilmember, City of Chanhassen 7100 Tecumseh Lane 7496 Saratoga Drive Chanhassen, MN 55317 Chanhassen, MN 55317 IMr. Thomas Workman Mr. William Boyt Councilmember, City of Chanhassen Councilmember, City of Chanhassen I 7233 Pontiac Circle 7204 Kiowa Circle Chanhassen, MN 55317 Chanhassen, MN 55317 I Ms. Ursula Dimler Councilmember, City of Chanhassen 7203 Kiowa Circle Chanhassen, MN 55317 1 Re: Proposed Cigarette Vending Machine Ordinance II Dear Mayor Chmiel and Councilmembers Workman, Dimler, Johnson and Boyt: This letter is being written to you on behalf of the Coalition I for Responsible Vending Sales. The Coalition is a group of organizations involved in or interested in vending machine sales throughout the State of Minnesota. It is our understanding that the I City of Chanhassen is considering a proposed ordinance that would ban the sale of cigarettes through vending machines. I In the past month, you have no doubt read articles or heard news programs regarding the cigarette vending machine issue. However, the newspaper articles and the news programs do not provide the whole story behind the issue of minors and cigarette smoking. I During June and July of 1989, a nationwide study was conducted by an independent research company to determine the cigarette smoking and purchasing behavior of teenagers. I have enclosed a copy of the I study findings and encourage you to take a few minutes to review the information. Overall, the study found that vending machines are not a primary source of cigarettes for minors. Rather, most minors rely I on over-the-counter locations such as convenience stores and gas stations as their main source of cigarettes. - IMember Organizations NOV 16 19e9 • Minnesota Automatic Merchandising Council • Minnesota Operators of Music&IAYnQie! S I • Minnesota Candy&Tobacco Distributors Association • Minnesota Licensed Beverage Association,Inc. • Greater Minneapolis Hospitality Council Mr. Donald Chmiel Mr. Thomas Workman 11 Ms. Ursula Dimler Mr. Jay Johnson Mr. William Boyt November 15, 1989 Page 2 The member organizations of the Coalition for Responsible Vending Sales wholeheartedly support the idea that minors should not II be purchasing or smoking cigarettes. At the present time, certain Minnesota Legislators have expressed an interest in sponsoring legislation that would resolve the issue of minors purchasing 11 cigarettes from vending machines on a statewide basis. Further information regarding this legislation should be available in ' several weeks. In addition, a new law went into effect this past summer thaty • increases the penalty for selling cigarettes to minors. The new` penalty makes the sale of cigarettes to minors a gross misdemeanor which requires a jail term of up to one year and/or a fine of up to $3,000.00. The Coalition believes that this increased penalty in addition to requiring supervision of cigarette vending machines should minimize the possibility that minors purchase cigarettes through vending machines. Also, it is a common misconception that it is unlawful for a minor to purchase cigarettes in Minnesota. To clarify this issue, it is unlawful for minors to smoke cigarettes and illegal to sell cigarettes to minors. However, it is not unlawful for a person under the age of 18 to buy cigarettes. Given this situation, you may want to consider establishing a penalty in the form of a fine for minors that purchase cigarettes. This kind of penalty should deter minors from purchasing cigarettes by making them accountable for their own actions. Since the City of White Bear Lake passed a ban on the sale of I cigarettes through vending machines in early October, 1989, no other city to our knowledge has implemented a similar total ban ordinance. In fact, the City of Hastings decided on November 6, 1989 to table any action on an ordinance restricting the sale of cigarettes through vending machines because the legislature should be acting this winter on legislation that would resolve the matter on a statewide basis. ' We plan to attend the Chanhassen City Council meeting scheduled for November 20, 1989 to testify regarding the proposed ordinance. II I would like to thank you for your time and consideration regarding this important matter. 11 Y Statement sent 11-22=,.,, to be returned with signs tapplication and state notice and payment no later than December 19, 1988. I1988 Cigarette Licenses 11 I LICENSE # NAME DATE PAID/ ' CEIPT NO. 1-89 Chanhassen Bait and Tackle /R-7 IS ' Z-81 II2-89 Chanhassen American Legion Post #580 02-40--.S gaP72Z, 3-89 Chanhassen Pharmacy /,/ -.,, / 1 4-89 Kenny' s Market ** fob 1 AASA-14 I 5-89 Millie's Deli P--(5--.0 6-89 Chanhassen Dinner Theatre __ -,a , 3s1 a- II7-89 Brown' s Standard Station / -y -01.51/221' 8-89 Pony Express 1_9-h G /� I9-89 Pauly' s Inc. , _R4- .55i 9 10-89 Riviera Club C` /ate'� ��� �1-89 Empak Company ** P Y aZ_, 0-, , i y f2-89 Ivan' s Sinclair _Yr G 5 13-89 SuperAmerica #4239 -1 was 1[4-89 Chanhassen Taco Shop /1-30-J/ ',PgSi'/� 15-89 Holiday Station Store ** //-36"-SIC aS8O• 1.6-89 Chanhassen Inn Motel /4b,16-9e,i7-89 I * ideJ ** ,i,,,.v - —c.Gl 8-89 Prairie House Retaurant -q- 5) : t . 119-89 Victory Envelope ** ____/,_.-.: N `99e" 20-89 Chanhassen Bowl ** - if It 25- 93 11-89 Total Mart ** /42-.2/- i -919'q Jp3_, Jt,,d,4,„„:,,,--5(Atlaz Sit, 2-89 Brooks Superette ** 4 /...:49.1e avAi ' I ' ** send application to another address (see labels) II II i 1 1 I I I I 1 I I I I I I I 1 I I U White Bear Lake Tobacco-Free Youth Project Fact Sheet The Issue: Youth Access to Tobacco. - • Results From A Recent University of Minnesota Survey:Actual Purchase Attempts By ' Youth In White Bear Lake. March, 1989. Purchase Attempts Were Made At Each Outlet 4 Times By Youth Ages 13- 15,. • Overall success: 60% ' • Success rate for vending machine: 65% • Success rate for over the counter purchases:54% ' July, 1989. Purchase Attempts Were Made By A 15 Year Old Girl And 14 Year Old Boy. (After the law increasing the penalty went into effect.) ' • Overall success:46% • Success rate for vending machines: 82% • Success rate for over the counter purchases:37% • Ina niver U sity of Minnesota study,over 25% of all tenth graders surveyed reported having purchased cigarettes at least once from vending machines. • In the same survey,over half of tenth graders who smoked named vending machines as a primary source of cigarettes. • The great majority of teenagers obtain their cigarettes by purchasing them. Only 19% of the tenth graders in the same study reported getting them at home. • Convenience store managers,police,and city officials say that as long as cigarettes are ' available through vending machines minors cannot be prevented from purchasing cigarettes. • Almost 60%of people who smoke start by the age of 14;90%begin smoking by the age of 21. ' •More than 6 million Americans under the age of 18 use tobacco it is estimated that 81,000 Minnesotans 14-18 years old smoke on a daily basis. •The earlier a child starts using tobacco,the more likely it is that h g y he or she will be unable to quit, and to subsequently die of a tobacco-indused disease. (Over) 1 - • 1 •A child who smokes just one pack of cigarettes will develop a substantial tolerance t 8 p to the drug effects of nicotine,which is the critical first step in the addiction process. • Nicotine,an addictive substance found ce fo d ut cigarettes,may be harder to quit using than heroin.More than one-half of high school seniors who smoke daily have tried to quit without success. • Tobacco vendors have said that a ban on vending machine sales would not have a significant impact on their business since cigarettes play a minor and decreasing role in their sales. • According to Census Bureau data from 1982,vending machine sales of cigarettes represents only 6.2% of all cigarette sales,suggesting that the absence of vending machines would result in little inconvenience to adults who smoke. ' •Many Minnesota businesses are removing cigarette vending machines from the premises voluntarily to support their restrictive smoking policies,and their employees who are trying to quit. • A recent California project showed that a massive community education program reduced the number of stores selling cigarettes to youth,but had no effect on illegal vending machine sales. After the program youth could still buy cigarettes in 100% of attempts from vending machines. • Currently Maine,Massachusetts,Alaska,and Utah all have restrictions on the sale of cigarettes in vending machines. • A 1988 survey of residents of six Minnesota cities revealed that more than half of all 111 respondents favored a law prohibiting the sale of cigarettes in vending machines. •U.S.Surgeon General E.Everett Koop has recently called for an end to the availability of , cigarettes to youth through vending machines. 1 1 • 1 i I I CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA 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 of the Chanhassen City Code is amended by adding Section 10-127 to read as follows: Sec. 10-127 Tobacco Products: Prohibited Sales No person shall sell or give away any cigarette or any tobacco ' product, cigarette paper or cigarette wrapper to any person under the age of eighteen (18) years. No person shall sell or dispense any cigarettes or tobacco product, cigarette paper or cigarette wrapper through the use of a vending machine or similar automated ' dispensing device . Section 2. This ordinance shall be effective on January 1, 1990. ADOPTED by the City Council of the City of Chanhassen this day of , 1989 . ATTEST: Don Ashworth, City Manager Donald J. Chmiel, Mayor I I i 1 CITY OF Wh4feBearLake te 1 - ..,..�.t. E "j...ti's a.1ft ., _�ie, ' '' sue'X}a =' r— - `V I October 24, 1989 ? r , x 1 I I Mr. Workman, As you have requested, enclosed is a copy of the ordinance passed by the White I Bear Lake City Council on October 10, 1989, prohibiting the sale of cigarettes in vending machines. I S' erely, Off ce of th-di Manager 1 1 I 1 4701 Highway 61 • White Bear Lake, Minnesota 55110 • Phone (612) 429-8526 1 11:///7 ORDINANCE NO. 10-89-793 AN ORDINANCE AMENDING THE CITY OF WHITE BEAR LAKE MUNICIPAL CODE DISALLOWING THE SALE OF CIGARETTES THROUGH VENDING MACHINES ' AND INCREASING THE FEE FOR SAID LICENSE The Council of the City of White Bear Lake does ordain as ' follows : SECTION I . That Section 1104 .010 CIGARETTES ; LICENSE REQUIRED, APPLICATION , ISSUANCE. is hereby repealed and replaced with the ' following: 1104 . 010 CIGARETTES ; LICENSE REQUIRED, APPLICATION, ISSUANCE. No person shall keep for retail sale, sell at retail or otherwise dispose of any cigarette or any tobacco product or cigarette paper or cigarette wrapper at any place in the City without a license. Application for a license shall be made to the City Clerk on a form supplied by the City. The application shall state the full name and address of the applicant, the location of the building and part intended to be used by the applicant under the license, the kind of business conducted at such location and such other information as shall be required by the application form. Upon the filing of an application with the City Clerk, it shall be presented to the City Council for its consideration. If granted by the Council , a license shall be issued by the City Clerk upon payment of the required fee. SECTION II . That Section 1104 .020 CIGARETTES; LICENSE FEE is hereby changed to increase the license fee from twelve ( $12 ) dollars per year to twenty two ( $22 ) per year. ' SECTION III . That Section 1104 .060 CIGARETTES; PROHIBITED SALES. is hereby repealed and replaced with the following: 1104 . 060 CIGARETTES ; PROHIBITED SALES. No person shall sell or give away any cigarette or any tobacco product, cigarette paper ' or cigarette wrapper to any person under the age of eighteen ( 18 ) years . No person shall sell or dispense any cigarettes or tobacco product, cigarette paper or cigarette wrapper through the use of a vending machine. No person shall keep for sale, sell or dispose of any cigarette or tobacco product containing opium, morphine , jimson weed, belle donna, strychnia, cocaine, marijuana or any other deleterious or poisonous drug except nicotine. • I I ' I I I This Ordinance becomes effective a en--eppro-vai--snd I SECTION IV. P pa 14eat4ew. ninety days after the date of its adoption. Passed by the City Council of White Bear Lake, Minnesota, this I 10th day of October 1989 . I First Reading September 12, 1989 Second Reading October 10, 1989 I ,,,o0." , ... Ap.. ..,........... I J, Bres, ay• , ATTEST: ,/,- '..,-,-....d.- /e...9 /. ..., <....-..1-.. _ L '!, ' ebenaler, City Clerk I IR and R. , Y I I I I I I I 1 I . . Page 4—Chaska Herald—Thursday,November 16,1989 I ' ° , rn-. Pers pe I Government should stay out of • personal decisions I Beware of benevolent tyranny. It's as oppressive as its harsher cousin.Beware of small tyrannies--benevolent or malevolent—for they breed larger'tyrannies.When government begins to meddle in day-to- day personal decisions of its citizens,it begins to flirt with tyranny. That said,despite the good intentions of both the Chanhassen City, I Council and the District 112 School Board,their actions regarding cigarette vending machines were a major case of overkill.Furthermore, the fact that they got the idea from White Bear Lake offers no validity. A thousand lemmings parading to into the sea does not make the parade a good idea t . The City of Chanhassen is seriously eying an ordinance—it just 1 needs a formal hearing and final council action—that would prohibit cigarette vending machines anywhere in the city.The city's case was ti taken to the school board for its support.The school board,after some I commendable debate,came down on the side of the proposed ordi- nance,offering Chanhassen its moral support in the matter.It#a decision with which we roundly disagree. No,we do not smoke.Never have.Never plan to start.This is not I a smoker's last gasp,folks.We're talking precepts here. In view of a state law that now makes it a criminal offense to sell cigarettes to minors,we have no complaint with city ordinances that prohibit vending machines in areas frequented by and granting unsu- pervised access to minors. We can see why a city would pass an ordinance prohibiting a cigarette vending machine in the hallway of a shopping mall,for instance. But Chanhassen's proposed ordinance goes further than that.It would ban cigarette vending machines anywhere in the city.It would I ban them in bars where the clientele must be at least age 21. If the ordinance were designed to keep "children" away from cigarettes,then bars and liquor stores or any other place that should have a strictly adult clientele would not be subjected to this prohibition. I Since this ordinance goes beyond the point of dealing with sites where there is the real possibility of illegal action to the point where there is merely the unlikely possibility, we must assume another intent— ultimate smoking prohibition. . Where have we heard this approach before? • I This is where we start talking benevolent tyranny. Cigarette smoking will clearly lead to death for some people. Discouraging people from smoking is commendable,as long as that discouragement does not become overbearing.(Here we might point to I the Had Krishna movement's one-time airport beggars as an example of overbearing.) But cigarette smoking is not the only behavioral cause of death.So are obesity and anorexia.So was running a marathon for recent Twin I Cities entrant.So has skydiving been for some.So is boxing for some. And recent medical surveys suggest so is football.And we might go on. If you think the issue stops with banning.cigarette vending ma- chines,you're wrong.Over She hart decade there has been at least one I prominent anti-smoking leader,a would-be benevolent tyrant,who has said he would be willing to withhold employment,insurance and other "givens"of life from people who smoke.Furthermore,he would be , willing to extend the censure to people who otherwise fail tomaintain society's concept of optimal health maintenance practices. I As we said,beware of benevolent tyranny.It's as oppressive as its harsher cousin.Beware of small tyrannies—benevolent or malevolent- for they breed larger tyrannies.When government begins to meddle in day-to-day personal decisions of its citizens,it begins to flirt with • . tyranny. Banc ' I I 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 I • I I MN — N = E M I I M I 11011 M I II III IIU M = so Ban on cigarette vending machines to be considered By Christopher Burns after people's smoking habits," he said. "People can smoke ; Cigarettes "vending machines their brains out. It's merely an may become extinct in attempt to keep packs out of the Chanhassen. hands of minors." The Chanhassen City Council In a study conducted by the will hold a public hearing Mon- University of Minnesota in July . day, Nov. 20, on an ordinance 1989,researchers sent a 15-year- - r change banning cigarette sales old girl and a 14-year-old boy to • by vending machines. The pro- buy cigarettes from vending ._ ----.-- --._ posal has been suggested by machines. The study found they F ( • Councilmember Tom Workman. were able to buy cigarettes 82 0 Cigarettes Workman s proposal .is percent of the time. A separate similar to an ordinance that was university survey of 10th �° action on cigarettes by voting to passed Oct. 10 by White Bear graders found that more than From previous page ban smoking entirely« from Lake. Workman said the or- half who smoked named ven- district grounds. "We've r—'' ' ban. Support of the measure by already made a stand by going dinance change is an attempt to ding machines as a primary �, prevent sale of cigarettes to source for getting cigarettes. the School Board was also mix- smoke-free Jan.WhiPidtner:ey haps that minors. The ro to ban ci arette ed. The board approved the should be it,"he) resolution Nov.9 by a vote of 3-2.A state law went into effect vending machines g in l .�I do have information that as Marco and Midge i this summer that increases the Chanhassen has encountered t i 1 ou remove cigarette vending allot the measure+ •penalties for retailers who sell some opposition. The o9 Y theft of cartons [at Main, Jce Betz and Marjory cigarettes to minors. Workman Chanhassen Public Safety Cosa- �P ; martnnes, „ said board Adams voted for it;Pat Donnay said the new law, which makes mission discussed the proposal stores] increases, abstained; and Kay Prate was it a gross misdemeanor to sell Nov. 9. Several commissioners • Chair David Marso. absent. in ChanhasseSn cigarettes to minors, does not expressed opposition to remov- g ardmember Fred Whitney Businesses address the problem of youths , ing all cigarette vending j said his initial reaction was to that have vending machines who buy cigarettes from ven- machines. Public Safety Direc- l approve the resolutioma must acquire a$12 permit from _- ding machines. tor Jim Chaffee said commis- on cigarette vending apse,+ the city.There are 22 such per- "There's a gaping hole in • sinners were concerned about t are] all very good+ pe in the city. Whitney said.But he noted that legislation we've already got at restricting the access to cigaret- taken the state level,"he said. • tes by adults, and they voted to A the district had already Workman said the Legislature endorse the vending ban only in may address the,problem, but locations easily accessible to , • until it does,the city should act. minors. .- "It's good for us as a city to Workman had requested that • move ahead on it,"he said. the District 112 School Board . Workman said the vending- adopt a resolution endorsing the - machine ban is aimed at youths, - ' 4 f; not adults. . "I'm not going CIGARETTES:To next page y r i I II 1 1 1 I I 1 1 1 1 1 1 I I 1 1 1 I 1 . I ' Chaska school board split . • on support for ban on Chan :: I - cigarette vending machines By Ann Schwartz reasons for their "no"votes. Whit- On a split vote,the Chaska School ney said he is an ex-smoker who Board passed a resolution Thursday favors tobacco-free environments,tut' evening supporting a restriction on he said that the school district is cigarette vending machines in the already taking a strong stand against I city of Chanhassen. tobacco use by declaring all district The Chanhassen council will hold buildings smoke-free as of January a public hearing next Monday on an 1,1990. ordinance prohibiting the sale of Mars() had the long-standithg I tobacco products through vending argument"you can't legislate health �school board sutpport the citty's or Board the ember Joe Betz suggested action through passage of a resolu- that the resolution be made generic, I tion. with"Chanhassen"removed and the The White Bear Lake school board document rewritten so it could apply has recently passed such a resolu- to any city in the school district area tion, according to Carol Ericson; that may restrict cigarette machines I Chaska superintendent of schools. in the future,However,he voted-in The local school board had mixed favor of the resolution. ' feelings on the resolution and it. "It's(the resolution)idealistic and,, squeaked through,passing on a 4-2 I hope it doesn't backfire on us,"slid I vote,with one abstention. • board member Pat Donnay, who In part, the resolution abstained. "Sometimes when you reads—"School District 112 goes on restrict things it makes people want record as supporting the passage of a to get at them that much more." - I Chanhassen City ordinance which ' ,Board members Midge Main and prohibits the sale of,tobacco prod- Marjory Adams were in favor;of acts through vending machines,and passing the resolution. be it further resolved that the District "It's true that children will some- 112 School Board feels that selling times turn to stealing cigarettes out , I tobacco'products to persons under of carton boxes and the merchants . the age of 18 is prohibited by law and may lose the money,but where chit- ' it is very difficult to restrict vending .dren are concerned restricting the .machine sales to legal buyers only. access to the product may be a deter- I Those who voted down the mo- rent,"Adams said, and then moved lion, Chairman'David Marso and the resolution,which was seconded Director Fred Whitney,had differing by Main. 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W"...„ ,.,t ,.:=-717.:: :-;''' W7,";--'7111 1111 I 1 I ,... , .. * ' ' Al§Z.Z.3.-. 'i5, 01'`'.;X'Y', ..S.'"2--41'.-7,-\4g........ . , I 1I1P 11611 - , '.:„ p..„ A I l 11 11 . --__ _ I I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I _ - - _ _ . Schools support cigarette • State Cigarette Tax Rates vending machine ban State Cents I ByAnn Schwartz I hope it doesn't backfire on us," Connecticut 40 On a split vote,the School District saidboardmemberPayDonnay,who Hawaii 40 112 Board of Education passed a abstained. "Sometimes when you Minnesota 38 resolution Thursday evening support- restrict things it makes people want 'Rhode Island 37 I ing the restriction on cigarette vend- to get at them that much more." California 35 ing machines in the city of Chanhas- Board members Midge Main and Nevada 35 sen. Marjory Adams were in favor of Washington 34 The city council will hold a public passing the resolution. • • . New York 33 I ' hearing on a proposed ordinance "It's true that children will some- Iowa 31 prohibiting the sale of tobacco prod- times turn to stealing cigarettes out Illinois 30 ucts through the use of vending of carton boxes and the merchants -North Dakota 30 machines and the city requested that may lose the money,but where chil- Wisconsin 30 I the school board support the city's dren are concerned restricting the Alaska 29 action through passage of a resolu- access to the product may be a deter- Maine 28 tion. rent,"Adams said,and then moved Oregon 27 The White Bear Lake school board the resolution,which was seconded Nebraska 27 I has recently passed such a resolu- by Main. New Jersey 27 tion, according to Carol Ericson, In other.business: Massachusetts 26 District 112 superintendent of schools. *It was announced that Kim Han- Texas 26 The local school board had mixed son of the Hawk's Girls'Volleyball Michigan 25 I feelings on the resolution and it Team was featured on an ESPN pro- Florida 24 squeaked through,passing on a 4-2 gram on Sunday, Nov. 12 and that Kansas 24 vote,and one abstention. three high school girls'soccer play Oklahoma 23 In part, the resolution ers won state and conference awards. South Dakota 23 I reads...' School District 112 goes on *Among personnel actions, the Utah 23 record as supporting the passage of a board hired Julie Marso as head Arkansas 21 Chanhassen City ordinance which gymnastics roach at a salary of 52,814 ,New Hampshire 21 prohibits the sale of tobacco prod- per month,Chairman David Marso, •Colorado 20 ucts through vending machines,and her father,abstained from voting on Idaho I be it further resolved that the District the action:"'•' "•-i- "..".' ` ' • "'Mississippi' 4' .' 4't .� "'`-!1$` 112 School Board feels that selling *It was announcedthatdistrictstaff 1,Ohio " 18 tobacco products to persons under and faculty are working with the Tecuisylvania 18 the age of 18 is prohibited by law and Special Education Department of St. D 17 I it is very difficult to restrict vending Cloud State University to develop a Vermont 17 machine sales to legal buyers only." study of exceptional learning pro- West Virginia 17 Those who voteddownthe motion, grams, both for special education Alabama 16.5 I Chairman David Marso and Director and gifted learners in the Chaska Louisiana 16 Fred Whitney,had differing reasons school system. Montana 16 for their"no" votes.Whitney said *The Board accepted$3,000 from Indiana 15.5 he is an ex-smoker who favors to- Ronald McDonald Charities for the Arizona 15 I bacco free environments,but he said Roads Scholar Program.In this pro- - New Mexico 15 that the school district is already taking gram a handicapped student is paired Delaware 14 a strong stand against tobacco use by with a non-handreappedperson to go Maryland 13 declaring all district buildings smoke- into the community and for shop- Missouri • 13 free as of January 1,1990. ping,errands andleisure-tune activi- , Tennessee . 13 I Marso had the long standing argu- ties. •- I Georgia 12 ment "you can't legislate health or *If the high school Hawks Girls' Wyoming 12 morality." Volleyball team goes to the state South Carolina 07 I Board member Joe Betz suggested tournament the game is likely to be Kentucky 03 that the resolution be made generic, on a Friday.District policy is to dis- Virginia 02.5 with"Chanhassen"removed and the miss high school students two hours North Carolina 02 document rewritten so it could apply before state tournament games.Ele- . to any city in the school district area mentary and secondary students can sowc.: State Tex Revere, Commerce I that may restrict cigarette machines be dismissed before the game as well Giver House in the future,However, he voted in with parental permission.Faculty also ' _ favor of the resolution. can be excused. ■ "It's(the resolution)idealistic and . .a..... ... 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 84���� S��gg �.-.� a �a� I g ' < " I !lid: iIJi!1IIi1IHhiI I! hU . 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