HomeMy WebLinkAbout05/30/1995 TENTATIVE AGENDA
SHAKOPEE, MINNESOTA
COMMITTEE OF THE WHOLE MAY 30, 1995
LOCATION: City Hall, 129 Holmes Street South
Mayor Gary Laurent presiding
1] Roil Call at 7::00 P.M.
2] Approval of Minutes of April 11, 1995
3] Minnesota River Valley Tobacco Control Coalition
4] Proposed Suburban Rate Authority 1996 Budget
5] 1996 Budget
6] Adjourn
Dennis R. Kraft
City Administrator
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
COMMITTEE OF THE WHOLE SHAKOPEE, MINNESOTA APRIL 11, 1995
Mayor Laurent called the meeting to order at 7 : 00 P.M. with
Councilmembers Brekke, Beard, Sweeney, and Lynch present. Also
present were: Dennis R. Kraft, City Administrator; Barry Stock,
Assistant City Administrator; and Judith S. Cox, City Clerk.
Lynch/Beard moved to approve the minutes of March 14, 1995. Motion
carried unanimously.
Mayor Laurent stated that the purpose of the meeting is to present
the plans for the civic center that we have at this time and to
receive comments from those present in the audience.
Mr. Stock stated that the plans for the civic center are ready for
City Council review. He explained that it is important that a
decision be made on what components are to be included in the civic
center. He said that November 1st is the tentative completion date
for the ice facility portion of the civic center.
Mr. Stock reviewed the comments received from the survey included
in the Mint. He said that there was a 5% response and that some
comments were positive and some were negative. He said that many
of the comments went into the design review. He said that the
three most re-occurring comments were: 1) how can a facility be
built when there was a referendum that failed, 2) when a
consultant said not to build, why are we building a facility with
a $500, 000/year deficit operating budget, and 3) with the Chaska
and Dakota facilities, why do we need a facility?
Mayor Laurent explained that the City Council is caught in the
middle. Some citizens want more in the civic center and some want
less than what is proposed. He responded to the three issues
mentioned most on the survey. He said that the facility is
proposed to offer what the other facilities don't have. He stated
that we have incorporated information from the users and the survey
and that the facility is close to final design. New we have the
numbers to talk about for those components, tonight.
Mr. Kevin O'Brien, Construction Manager for the project, explained
that they have been meeting weekly as the design team with members
Council appointed. He said that there are several bid packages in
order to facilitate completion by November 1st for the ice
facility, but the whole facility may not be ready by that date.
Mr. Paul Dahlberg, Project Architect, explained the site plan
design for the site as well as the facility. He said that there
will be room for 200-250 cars and that additional parking can be
added. He showed where trees can be preserved and where the three
softball fields will be located. He identified the various areas
within the facility.
Official Proceedings of the April 11, 1995
Shakopee City Council (COW) Page -2-
Mr. O'Brien reviewed the estimated cost for the site development,
building construction, building options, furniture, fixtures, and
equipment.
After questions from the Councilmembers were answered, Mayor
Laurent invited comments from the audience.
Bill Anderson, 1066 Van Buren, supportes the total facility and
supportes adding a running track on the upper level.
Tom Serafin, 1041 Merritt St. , supportes a walking track on the
upper level where it is a safe place.
Mary Bender, 1029 So. Pierce, would like any walking track to be
free.
Kathy Busch, 1118 So. Monroe, CAP Agency, explained a new concept
in the making which would provide a one stop service to inform
families in need of all of the services that are available to them.
She asked Council to consider a +200 sq. ft. area family net office
within the civic center.
Pat Pass, 1040 So. Apgar, likes an area to walk and not around a
court.
Bruce Kugath, 1501 East Shakopee Avenue, supportes a walking track
on the upper area and asked Council to consider some seating in the
gym.
Neil Johnson, 2146 Norton Drive, agreed with Bruce and also asked
that the wooden floor surface be kept for the gym for injury sake.
Steve O'Neill, 332 West 128th Street, supports having room to watch
for tournaments and also would like Council to consider one full
size baseball field.
Rick Allex, 2119 Norton Drive, asked Council to consider a pole
vault area to the left of the basketball court.
George Krtek, 1709 Presidential Lane, expressed concern about a
curtain separating the two courts appearing to be the out of bound
lines. He also suggested including batting cages, which are in
high demand. He also suggested looking into shuffle board for
senior citizens.
Tom Lacina, 631 Monroe St. , congratulated the Council for what they
are doing for the community and expressed his support for a
walking/running track on the upper level .
Official Proceedings of the April 11, 1995
Shakopee City Council (COW) Page -3-
Mark Neu, 933 Goldenrod Lane, asked that the facility have a place
to store the wrestling mattes so they aren't damaged; and, supports
the running/walking track above the gym.
Kathy Duklet, 16826 Grommesch Circle, asked if there will be
seating in the gym and asked if the Matte Club for wrestling
could have a wrestling tournament in the ice arena one week-end a
year. Mayor Laurent responded that it wouldn't be possible if
there was ice in the ice arena.
Dan Barber, 648 Hillwood Drive, asked if sockets could be installed
in the floor of the gym/ice arena to accommodate indoor nets for
tennis practice.
Discussion ensued by City Council .
Brekke/Lynch moved to recommend to the City Council to include an
overhead walking track for the facility.
Mr. Voxland identified the funds from tax increment financing from
1995 to 1999 and the possible options for its use. Discussion
followed.
Cncl. Sweeney asked what the additional operation costs are for the
facility as now presented? Mr. Stock responded that staff has not
updated the operation costs but that they would not be significant
and that they would be offset by additional fees.
Motion carried unanimously.
Discussion ensued on an amount to allocate for the civic center.
Beard/Lynch moved to recommend to the City Council to amend the TIF
Plan to allocate $5, 500, 000. 00 for the civic center. (Includes a
building permit fee and a contingency; and, that the civic
associations provide as much as possible for furniture, fixtures,
and equipment. ) Motion carried unanimously.
Cncl . Sweeney stated that he would like to ultimately address the
issue of affordable housing relative to the comprehensive plan.
From a strategic standpoint he suggested that Council consider
allocating MUSA expansion to whatever development project would
assure us of a percentage of scattered site affordable housing
within that project. By doing so, Met Council should look
favorably on approving MUSA expansion because we would have met the
criteria for providing affordable housing. Discussion followed.
Sweeney/Lynch moved to direct staff to prepare appropriate language
for City Council consideration addressing affordable housing.
Motion carried unanimously.
Official Proceedings of the April 11, 1995
Shakopee City Council (COW) Page -4-
Mayor Laurent adjourned the meeting at 9 : 55 P.M.
8 . (1/4_
Ju ith S. Co
ty Clerk
Recording Secretary
USE OF CIGARETTES, ALCOHOL AND MARIJUANA
reported by a 1992 survey of 9th grade students
METRO COUNTY
$
AUFMENERNESSMIESMEM
17.9%
Anoka NEVISKOMMEMBEIRMEMENEMananal 20.0%
4.1%
Tiffar.. ..211.11111111111•1•1 13.9%
Carver MUISUNKUUSEMSENSIESINEVEN 23.0%
' 2.3%
BEESEKUMBEESSIM 10.8% SUBSTANCE
Dakota MENSVOMMIENEREMBREMESE 16.6% USED
3.3% [Range in Minnesota]
EigiiiiiiiMISMIBMINIIIMEM 13.8%
BEESSESEIRESEMBEEMUSEEN 15.5% CIGARETTES
Hennepin
4.2% [5.6%-29.5%]
i ALCOHOL
ESTIESEMENINEMEHRECE13.1% [7.4%-36.4%]
Ramsey EIBESSESEMEIREEMESSEMEREI 16.7%
4.6% MARIJUANA
[0.0%-7.8%]
EMEMOMPOMMINOMMON 14.8%
Scott EREMENEMEMBENEENUIVEINENUMENEE 19.2%
2.2%
tainNEREMBERNIMER 11.4%
Washington EMNIEURSSZEMMEMBEE 13.6%
3.1%
I I I I I 1 I I I I I I I I 1 I I I I I I I I I
0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0%
Percent of 9th Graders Reporting Use
1994 Minnesota Health Profiles
Leading Causes of Death by Age Group, 1993**
Scott
Under 5 Years 5 - 14 Years
Cause Number Percent Cause Number Percent
Congenital Anom 7 63.6 Nervous System 1 50.0
Heart Disease 1 9.1 Mental Disorders 1 50.0
Infect-Parasitic 1 9.1
Ill Defined 1 9.1
Pneu/influenza 1 9.1
TOTAL 11 100.0 TOTAL 2 100.0
15 - 24 Years 25 - 44 Years
Cause Number Percent Cause Number Percent
Malig.Neoplasms 1 33.3 Malig.Neoplasms 6 30.0
Unintent. Injury 1 33.3 Suicide 5 25.0
Suicide 1 33.3 Unintent. Injury 3 15.0
Ill Defined 1 5.0
Other Respiratory 1 5.0
All Other Causes 4 20.0
TOTAL 3 100.0 TOTAL 20 100.0
45 - 64 Years 65 - 74 Years
Cause Number Percent Cause Number Percent
Malig.Neoplasms 29 59.2 Heart Disease 27 41.5
Heart Disease 8 16.3 Malig.Neoplasms 18 27.7
Ill Defined 3 6.1 Cerebrovascular 7 10.8
Cerebrovascular 2 4.1 Chr.obst.pulmon 2 3.1
Chr.obst.pulmon 2 4.1 Suicide 2 3.1
All Other Causes 5 10.2 All Other Causes 9 13.8
TOTAL 49 100.0 TOTAL 65 100.0
75+ Years All Ages
Cause Number Percent Cause Number Percent
Heart Disease 64 36.6 Heart Disease 100 30.8
Malig.Neoplasms 27 15.4 Malig.Neoplasms 81 24.9
Cerebrovascular 22 12.6 Cerebrovascular 31 9.5
Chr.obst.pulmon 10 5.7 Chr.obst.pulmon 15 4.6
Pneu/influenza 8 4.6 Unintent. Injury 11 3.4
All Other Causes 44 25.1 All Other Causes 87 26.8
TOTAL 175 100.0 TOTAL 325 100.0
**Note: Some age groups may contain no observations
Page 16
3
Minnesota
51ST
Community Action for a Tobacco-Free Environment
May 20 , 1995
Dear Mayor Laurent and Members of the Shakopee City Council :
Thank you for this opportunity to collaborate on a tobacco
ordinance for Shakopee. The purpose behind the ordinance is to
reduce the accessibility of tobacco products to minors , and to
hold the tobacco retailers (not the clerks) accountable for their
tobacco license.
In the attached packet entitled, "Preventing Youth Access , "
there are materials prepared by Minnesota ASSIST ( left pocket) , as
well as additional information from our local coalition' s tobacco
control efforts (right pocket) . Some of those materials include :
the results from compliance checks conducted in Shakopee; the
recently adopted tobacco ordinance from Savage; newspaper articles
regarding the Savage ordinance; and the Chanhassen tobacco
ordinance.
I have also included a copy of Falcon Heights ' tobacco
ordinance, which contains a graduated penalty system for
noncompliance that combines administrative fines and license
suspensions/revocation. According to the Association for
Nonsmokers - Minnesota (ANSR) , this combination has been more
successful over time than penalty systems requiring only license
suspension or revocation ( like in the Savage ordinance) for
noncompliance. Jeanne Weigum, President of ANSR, has stated that ,
"although heavy license suspensions are good in theory , some city
councils have ' backed down' when faced with enforcing such strict
penalties on retailers who may be their friends . " I ask that you
weigh the advantages and disadvantages of both systems as you
prepare the ordinance for Shakopee.
I also ask you to consider the following provisions as being
important elements of a meaningful tobacco ordinance:
1 . Definitions of tobacco products, tobacco-related devices ,
self-service merchandising and vending machines .
2 . A description of the license application and issuance
process .
3 . A license fee to cover ongoing compliance checks and
enforcement costs .
4 . A requirement to display the tobacco license.
CANCER
Minnesota ASSIST•c%o Minnesota Department of Health ipAAERICAN
SOCIETY"'
612/925-2772
612/623-5350 717 S.E.Delaware St.•P.O.Box 9441 •Minneapolis,MN 55440 1-800-582-5152
Minnesota
51ST
Community Action for a Tobacco-Free Environment
5 . A statement regarding license restrictions .
6 . A statement addressing which government agency will conduct
compliance checks , and how often those checks should be done, i . e .
twice a year .
7 . A request for an annual report from the agency conducting
compliance checks and enforcing the results , i . e . the police
department , to the city council .
8 . A statement which prohibits the sale of tobacco to minors .
9 . A provision that eliminates tobacco vending machines . These
machines make tobacco - the #1 cause of death, very accessible to
minors . Adult-oriented magazines and liquor are not in vending
machines , so why tobacco?
10 . Prohibit self-service of tobacco products - require behind
(not in front of , or on top of ) the counter sales . This may
increase compliance with ID checks and decrease the incidence of
shoplifting.
11 . Prohibit minors from selling tobacco products - this will
eliminate the peer pressure of clerks having to sell to their
school friends .
12 . A graduated penalty system for noncompliance.
13 . A description of the appeal process .
14 . A statement that addresses the responsibility for the license
holder and employees .
If you have any questions regarding these provisions , or need
additional resources , please call me at 445-9423 . We look forward
to attending the upcoming city council meeting/public hearing that
will address this issue. Thank you for protecting the present and
future health of our children and adolescents in Shakopee and
Scott county .
Sincerely, ,
/://.4.;2Z-645177-4,Julie Woodruff l oordinator
and
Members of the Minnesota River Valley Tobacco Control Coalition -
MN. ASSIST
AMERICAN
SOCIETY
Minnesota ASSIST•c/o Minnesota
Minnesota Department of Health 612/925-2772
612/623-5350 717 S.E.Delaware St.•P.O.Box 9441 •Minneapolis,MN 55440 1-800-582-5152
CHAPTER 10
ORDINANCE NO. 397
AN ORDINANCE RELATING TO THE SALE AND DISPENSING
OF CIGARETTES AND TOBACCO RELATED PRODUCTS
WITHIN THE CITY OF SAVAGE
BE IT ORDAINED by the Mayor and Council of the City of
Savage, Scott County, Minnesota, as follows:
Section 1. That a new Chapter 9 shall be added to Title
3 of the Savage City Code, as follows :
CHAPTER 10
CIGARETTES AND TOBACCO
SECTION 3-10-1: Definitions
SECTION 3-10-2 : License Required
SECTION 3-10-3: Display of License and Admonition
SECTION 3-10-4: License Restrictions
SECTION 3-10-5 : Prohibited Sales
SECTION 3-10-6 : Sale of Tobacco Products by Minors Prohibited
SECTION 3-10-7 : Self-Service Merchandising Prohibited
SECTION 3-10-8: Vending Machine Restrictions
SECTION 3-10-9 : Penalties
SECTION 3-10-10 : Appeal
SECTION 3-10-11: Responsibility for Agents and Employees
3-10-1: DEFINITIONS
A. "Tobacco" means cigarettes; cigars; cheroots; stogies;
perique; granulated, plug cut, crimp cut, ready rubbed, or
other smoking tobacco; snuff, snuff flour, cavendish; plug and
twist tobacco; fine cut and other chewing tobaccos; shorts;
refuse scraps, clippings, cuttings and sweepings of tobacco;
and other kinds and forms of tobacco, prepared in such manner
as to be suitable for chewing or smoking in a pipe or other
tobacco-related devices .
B. "Tobacco related device" means cigarette papers or pipes for
smoking.
C. "Self-serving merchandising" means open display of tobacco
related products which are accessible to the public without
the intervention of an employee. Included are single packs,
multiple packs, half cartons, full cartons, individual or
multiple bags of tobacco for rolling, and individual or
multiple containers of tobacco for chewing, smoking, sniffing
and other tobacco-related activities .
D. "Vending machine" means any mechanical, electrical or
electronic device, appliance or any other medium or object
designated or used for vending purposes which upon insertion
of money, tokens or any other form of payment, dispenses
tobacco products .
3-10-2: LICENSE REQUIRED: No persons shall keep for retail
sale, sell at retail or otherwise dispose of any
tobacco product as defined in this chapter at any place in the city
without a license issued hereunder.
A. Application and issuance: Application for such license shall
be made to the City Clerk on a form supplied by the City,
which form shall disclose the name and address of the
applicant and such other information as shall be required.
The application shall be presented to the Council and, if
approved, a license shall be issued by the City Clerk upon
payment of the license fee.
B. License Fees : The fee for a tobacco license shall be set, and
from time to time amended, by resolution of the City Council.
Such fee shall cover each vending machines and each over-the-
counter sales area contained within the establishment. If a
license is purchased subsequent to October 1, the fees
established herein shall be one-half the annual fee.
C. Term of License: Each license shall expire on April 1
following its issuance. Each license not renewed on or before
April 1 of each year shall be subject to a $10 . 00 late fee.
Licenses are not transferable from one person to another.
3-10-3: DISPLAY OF LICENSE AND ADMONITION
A. Display of License: Every such license shall be conspicuously
displayed to the general public or inspecting authority at the
place for which the license is issued and shall be exhibited
to any person upon request.
B. Admonition: Every licensee shall conspicuously display in the
licensed premises, and upon any vending machine used to
dispense a tobacco product within a licensed premise, a
written statement that the sale of a tobacco product to a
person under the age of 18 is unlawful and may be punished by
fine or imprisonment, or both; that furnishing a tobacco
product to a person under the age of 18 is unlawful, and may
be punished by fine or imprisonment, or both; that the use of
a tobacco product by a person under the age of 18 is unlawful
and may be punished by the imposition of a fine.
3-10-4: LICENSE RESTRICTIONS: No license shall be issued
except to a person of good moral character. No
license shall be issued for the sale of tobacco related products at
a moveable place of business . A license may not be issued to a
person having three or more violations of this chapter for one
twelve ( 12) month period preceding the most recent violation.
3-10-5: PROHIBITED SALES: No person shall sell or give away
any tobacco related product to any person under the
age of eighteen ( 18) years . Any tobacco product except pipe
tobacco offered for sale must be wrapped in a sealed package
provided by the manufacturer and must contain the Surgeon General's
health warning.
3-10-6: SALE OF TOBACCO PRODUCTS BY MINORS PROHIBITED: No
person under the age of eighteen ( 18) shall sell
tobacco products .
3-10-7: SELF-SERVICE MERCHANDISING PROHIBITED: It shall be
unlawful for any person to offer for sale any
tobacco product by means of self-service merchandising.
3-10-8: VENDING MACHINE RESTRICTIONS: Cigarettes and
tobacco related products may be offered for sale or
sold in the City by or from a vending machine only at the following
locations:
A. In an area within a factory, business, office or other place
not open to the general public or to which persons under 18
years of age are not generally permitted access;
B. In an on-sale alcoholic beverage establishment or an off-sale
liquor store if:
1. The cigarette vending machine is located within the
immediate vicinity, plain view and control of a
responsible employee, so that all tobacco product
purchases will be readily observable by that employee.
2 . The tobacco product vending machine is not located in a
coatroom, restroom, unmonitored hallway, outer waiting
area or similar unmonitored area.
3 . The tobacco product vending machine is unaccessible to
the public when the establishment is closed.
C. In other establishments under the following conditions
1. The tobacco product vending machine must be located
within the immediate vicinity, plain view and control of
a responsible employee, so that all tobacco product
purchases will be readily observable by that employee; it
must not be located in a coatroom, restroom, unmonitored
hallway, outer waiting area, or similar unmonitored area;
it must be inaccessible to the public when the
establishment is closed;
2 . The tobacco product vending machine must be operable only
by activation of an electronic switch, the location of
which is fixed and not within the view of the potential
purchaser, operated by the employee of the establishment
before each sale, or by insertion of tokens provided by
an employee of the establishment before each sale; and
3-10-9: PENALTIES:
A. Any person in violation of Section 3-10-7, upon conviction and
order of the court, may have their vending machine removed
from the premises for a minimum of 30 days . The offending
person shall pay all costs associated with the removal,
storage and relocation of the vending machine. The offending
person may not place the same or another vending machine at
this location until the removal time has expired and the
machine is certified to be in compliance with this section.
B. Revocation or suspension of license. Any license granted
hereunder may be revoked or suspended by the Council,
following a hearing, if a licensee or any employee or agent of
a licensee is determined to have violated any provision of
this chapter. A single violation at the same location may
result in a suspension of not more than thirty ( 30) days . A
second violation at the same location may result in a
suspension of not more than six ( 6) months . Three or more
violations at the same location may result in a suspension of
not more than twelve ( 12) months .
C. Whoever sells tobacco to a person under the age of 18 years is
guilty of a gross misdemeanor, MSA 609 . 685, Subd. la.
D. Whoever furnishes tobacco or tobacco-related devices to a
person under the age of 18 years is guilty of a misdemeanor,
MSA 609 . 685, Subd. 2 .
3-10-10: APPEAL:
A. Notice: If the City Council suspends or revokes a license,
the City 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
within ten ( 10) days of receiving notice of the City's action.
The filing of the appeal stays the action 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 on its behalf. At the conclusion of the hearing, the
City Council shall make a final decision.
3-10-11: RESPONSIBILITY FOR AGENTS AND EMPLOYEES: Every act
or omission constituting a violation of any of the
provision of this chapter by an officer, director, manager or other
agent or employee of any licensee shall be deemed and held
punishable in the same manner as if the licensee personally
committed the act or omission.
Section 2 . This ordinance shall become effective upon
its passage and publication.
Adopted by the City Council of the City of Savage, Scott
County, Minnesota this firstday of .fav , 1995 .
1(AY2) e41,(Vn_-
Don
Egan, Mayor
Attest:
Stephen-King
City Administrator
Minnesota
\a:4
51ST
Community Action for a Tobacco-Free Environment
May 20 , 1995
TOBACCO COMPLIANCE CHECK RESULTS - SHAKOPEE , MINNESOTA
3/24/94 --- 10 out of 17 stores (58 . 82%) sold tobacco to a minor .
2/16/95 Police Chief Steininger and Julie Woodruff , Coordinator
of the Minnesota River Valley Tobacco Control Coalition-MN . ASSIST
visited all but five of the licensed tobacco retailers in
Shakopee . (The five places not visited were either not open to
the general public or closed for the season. ) They explained the
ASSIST project to each manager or the person in charge, and gave
them a letter of intent regarding upcoming compliance checks , a
copy of the law regarding vending machines , and materials to train
their employees .
3/10/95 --- 5 out of 12 stores (42%) sold to a minor. Three of
the successful buys were from vending machines . All of these
places had been part of the earlier informational visit by Chief
Steininger and Mrs . Woodruff .
Julie Woodruff contacted the managers of the stores and informed
them of the successful or unsuccessful tobacco purchases .
3/30/95 --- 7 out of 13 stores (54%) sold to a minor. Four of the
successful buys were from vending machines . Two of these places
had just sold to the minor three weeks before.
L1En1c1
Minnesota ASSIST•c%Minnesota Department of Health so i�ETYR
612/623-5304 717 S.E.Delaware St.• P.O.Box 9441 .Minneapolis,MN 55440 612/925-2772
Tobacco Compliance Check Project
Purchase Outcome Form
Community:
Date: Time: ❑ A.M. 0 P.M.
Buyer ID: Age: Sex: ❑ Female
0 Male
Name of adult driver/officer:
Type of vendor: (Check all that apply. See reverse side for definitions.)
❑ Grocery Store 0 Pharmacy/Drug Store
0 Liquor Store 0 Restaurant
O Convenience Store ❑ Gas Station
O Bar 0 Private Club (VFW,Legion, etc.)
❑ Other (Golf Club, Bowling Alley,etc.):
Was a tobacco purchase attempted?
•
❑ Yes
O No—If no, please explain why not:
Was a sale made?
❑ Yes Type of tobacco product purchased:
❑ No •
How was the tobacco sold?
O Over-the-counter
If over-the-counter,was it ❑ self-service 0 customer assisted
❑ Vending machine
If a vending machine,was there a locking device? ❑ Yes 0 No
Was ID requested? 0 Yes ❑ No
Sex of clerk: 0 Female❑ Male Approximate age:
Were any of the following signs notices in/outside the store?
O It's the Law ❑ JAYS / Support the Law
❑ Other:
❑ Please note additional comments/observations on the reverse side.
Minnesota ASSIST Project
February 1995
PACKET MATERIALS
PreventingYouth Access 7t it
From the General Information Feighery E,Altman DG,Shaffer G.
The Minnesota ASSIST Position on "The Effects of Combining
Minnesota Preventing Youth Access.An overview Education and Enforcement to
of ASSIST's philosophy on youth Reduce Tobacco Sales to Minors."
ASSISTaccess. Includes comments on how the Journal of the American Medical
tobacco industry covers up the issues Association, 1991;266(22):3168-3171.
Project around youth access to tobacco and
attempts to confuse the public as well Sample Ordinances/Minnesota
as merchants by offering programs Statutes
that do not work. Reducing Children's Access to
Tobacco.Sample ordinances on self-
Fact Sheets/Articles service,vending machines,and
Youth Access to Tobacco. Fact sheet on licensing. From Community Tobacco
youth smoking rates and youth access Control:A Handbook for Community
to tobacco. Action,Association for Nonsmokers
-Minnesota (ANSR), 1994. pp.41-46.
Smokeless Tobacco and Youth.Fact To request a complete copy of the
sheet on how common smokeless manual,call ANSR at 612/646-3005
tobacco use is among youth,especially or call ASSIST at 612/623-5304.
males.
Minnesota Statutes Restricting
Trends in Tobacco Use Among Youth. Youth Access to Tobacco Products.
Fact sheet on national youth smoking
rates and their relationship to the use Resources/Citizen Action
of alcohol and other drugs. From the Citizen Action:What You Can Do to
Centers for Disease Control and Prevent Youth Access. Suggested
Prevention. activities for coalitions and
community members.
Questions and Answers on Preventing
Youth Access and the Tobacco Resources on Preventing Youth
Industry's Initiatives. Responses to Access. A list of local and national
common questions about youth access resources to contact for more
and information about tobacco information.
industry sponsored programs.
Quotable Quotes and Media Bites on
Preventing Youth Access.These are
sample quotes and key phrases you
may choose to use when presenting
,..�.COMM k. information about youth access.
612/623-5304
Assisting Community Actio Minnesota
for a Tobacco-Free En SISI
he Minnesota ASSIST Positio rr
Preventing Youth Access
youth have easy access to tobacco. In many locales, there is continued apathy
among community members about flagrant violations of the tobacco age-of-
sale law. It is critical that the community send the message, especially to
merchants, that tobacco use by minors and sales to minors are totally unacceptable.
Parents, merchants, and all community members must ensure that the issue of
tobacco sales to youth is taken seriously. Most minors who smoke purchase their
own tobacco.'Therefore, if we are ever to make a dent in the youth rates of tobacco
use,we must stop the supply of tobacco to youth.
The most effective way to reduce youth access to tobacco is to institute on-going
monitoring of merchant compliance with the age-of-sale law by conducting youth
purchase attempts.This is accomplished through city ordinances which require=
licensing and establish licensing fees and fines to provide funding for compliance
checks. Merchant education, signs, pledges, and pamphlets help with a comprehen-
sive approach, but are woefully inadequate as a program by themselves if compliance
checks are absent. Routine compliance checks are a crucial component of any
community's tobacco licensing program.Without them, there is no way to monitor
whether licensing laws are being followed.'
Tobacco vending machines are another point of easy access of tobacco for youth.
Minnesota ASSIST supports communities to implement a total ban on tobacco
vending machines. Placing machines where they are supposedly under supervision
or providing them with locking devices is not effective. Policies banning tobacco
vending machines can reduce youth access to tobacco, and adults will find little
inconvenience by purchasing tobacco over the counter.
Minnesota ASSIST coalitions must educate the community that health advocates
are at issue with the tobacco industry; not people who smoke.The ASSIST approach
to youth access is consistent with a core principle of the project: people who smoke
are never blamed or attacked. It is the tobacco industry that encourages weak poli-
cies, ineffective training for clerks, unmonitored merchant pledges, and so forth. It is
the tobacco industry that continues to cloud the real issue by shifting the responsi-
bility of youth access to tobacco onto youth rather than the adults who sell the
tobacco. Each day, 3,000 young people begin using tobacco.3 Preventing youth
access to tobacco is an essential strategy in preventing lifetime addiction to tobacco.
REFERENCES
1. Cummings MK,et al. For the COMMIT Research Group."Where Teenagers Get Their Cigarettes:A Survey of the Purchasing
Habits of 13-16 Year Olds in 12 U.S.Communities." Tobacco Control 1992;1:264-267.
2. Association for Nonsmokers-Minnesota. Community Tobacco Control:A Handbook for Community Action.Association for
Nonsmokers-Minnesota, 1994.
3. Pierce J,et al."Trends in Cigarette Smoking in the United States:Projections to the Year 2000."Journal of the American Medical
Association 1989;261(1):61-65.
January 1995
Assisting Community Act'' Minnesota
for a Tobacco-Free En SISI
outh Access to ToDacco
> Each day, the tobacco industry must recruit over 3,000 youth to begin
using tobacco to replace those people who either die or quit smoking.'
> State and national smoking rates suggest that the tobacco industry is
succeeding in recruiting our nation's youth. Since 1980, daily tobacco use
among U.S. high school students has not declined.2 According to the
1992 Minnesota Student Survey, 22% of high school seniors use tobacco
daily, a percentage unchanged from 1989.3
> Boys are at a particularly high risk for using smokeless tobacco. In a
University of Minnesota study, 44% of 8th, 9th and 10th grade boys
reported using smokeless tobacco.'
> Although it is now illegal in all states to sell tobacco to minors, children
and adolescents have easy access to tobacco products. Studies in Minne-
sota have shown that 84% of girls and 59% of boys can easily purchase
tobacco over the counter.'Vending machines are an even easier source:
89% of girls and 75% of boys successfully bought cigarettes.6
> Youth are well aware of the easy availability of tobacco. 88% of 16-17
year-olds who do not smoke believe it would be easy for them to get
cigarettes.'
Most people who smoke begin smoking during childhood or adolescence.
The average age people first try smoking is 14.5 years, and 88% of persons
who have ever tried a cigarette have done so by age 18. 71% of those
adults who currently smoke every day started smoking by age 18.8
> The powerful effects of nicotine take hold very quickly. 63% of teenagers
who smoke consider themselves to be addicted.9
> 70% of teenagers who smoke regret that they ever started, 64% have tried
to quit, and 49% have tried to quit within the last six months.9
> Although all states prohibit the sale of tobacco to minors, the Inspector
General found in 1992 that only two states were enforcing their access
laws statewide.10 Minnesota is not one of those two states.
Page 1 of 2-Youth Access to Tobacco
REFERENCES
1. Pierce J,et al. "Trends in Cigarette Smoking in the United States: Projections to
the Year 2000."Journal of the American Medical Association 1989;261(1):61-65.
2. Broder S. "Cigarette Advertising and Corporate Responsibility."Journal of the
American Medical Association 1992;268(6):782-783.
3. Minnesota Department of Education.Minnesota Student Survey, 1989-1992:
Reflections of Social Change. St. Paul,MN: Minnesota Department of Education,
1992.
4. Boyle R, Forster JL,Murray D. "Assessing Teenage Access to Smokeless Tobacco."
Paper presented at the American Public Health Association annual meeting,
Washington, DC,November 1994.
5. Forster JL, Hourigan M,McGovern P. "Availability of Cigarettes to Underage
Youth in Three Communities."Preventive Medicine 1992;21:320-328.
6. Forster JL, Hourigan ME, Kelder S. "Evaluation of a City Ordinance Requiring
Locking Devices on Cigarette Vending Machines."American Journal of Public
Health 1992;82(9):1217-1219.
7. Centers for Disease Control. "Accessibility of Cigarettes to Youth Ages 12-17 Years
-United States,1989."Morbidity and Mortality Weekly Review 1992;41:485-488.
8. US Department of Health and Human Services. Preventing Tobacco Use Among
Young People:A Report of the Surgeon General. US Department of Health and
Human Services, 1994.
9. Centers for Disease Control. "Reasons for Tobacco Use and Symptoms of Nico-
tine Withdrawal Among Adolescent and Young Adult Tobacco Users,"Morbidity
and Mortality Weekly Review 10/21/94.
10. Office of the Inspector General. Youth Access to Cigarettes. US Department of
Health and Human Services, 1992.
Page 2 of 2-Youth Access to Tobacco January 1995
Assisting Community Actin, Minnesota
for a Tobacco-Free En ; SIST
Smokeless Tobacco and Youth
> It has been estimated that minors consume 26 million containers of smoke-
less tobacco annually.'
> 12% of 12th-grade males in Minnesota use smokeless tobacco daily.2 In a
University of Minnesota study, 44% of 8th, 9th and 10th grade boys
reported having used smokeless tobacco more than five times.'
> In 1986, the Surgeon General concluded that smokeless tobacco is not a
safe substitute for cigarette smoking, can cause oral cancers, and can lead to
nicotine addiction and dependence.4
> 52% of Minnesota students surveyed who use smokeless tobacco said that it
was not difficult to purchase smokeless tobacco.'
> 81% of youth regard smokeless tobacco to be "much safer than cigarettes."5
The inaccurate perception of smokeless tobacco as "safe" may lead adoles-
cents to start using tobacco products and parents to allow this behavior.6
Of adolescent males who use smokeless tobacco:
93% said their parents knew of their smokeless tobacco use;
68% said their fathers either approved of or were neutral toward their
smokeless tobacco use;
87% listed their home as a setting where they regularly used smokeless
tobacco;
43%whose dentist knew of their use were not advised by him/her to
quit.?
> The tobacco industry has targeted male adolescents with its smokeless
tobacco advertising. Following a major advertising and promotional cam-
paign in the 1970s which targeted "beginners," there was a major increase
in smokeless tobacco use among young males.'
> According to two chemists, the United States Tobacco Company has added
chemicals to increase the level of nicotine that is released in its snuff?This
company produces Copenhagen and Skoal, the most popular brands among
adolescents who use smokeless tobacco.10
Page 1 of 2-Smokeless Tobacco and Youth
REFERENCES
1. DiFranza JR,Tye JB. "Who Profits from Tobacco Sales to Children?"Journal
of the American Medical Association 1990;263(20):2784-2787.
2. Minnesota Department of Education.Minnesota Student Survey, 1989-1992:
Reflections of Social Change.St. Paul,MN: Minnesota Department of Educa-
tion, 1992.
3. Boyle R, Forster JL, Murray D. "Assessing Teenage Access to Smokeless
Tobacco." Paper presented at the American Public Health Association annual
meeting,Washington, DC,November 1994.
4. US Department of Health and Human Services. The Health Consequences of
Using Smokeless Tobacco.A Report of the Advisory Committee to the Surgeon
General.National Institutes of Health, 1986.
5. Lynch BS, Bonnie RJ, eds. Growing Up Tobacco Free:Preventing Nicotine
Addiction in Children and Youths.Washington, DC: National Academy Press,
1994.
6. US Department of Health and Human Services. Youth Use of Smokekss
Tobacco:More than a Pinch of Trouble. US Department of Health and Human
Services, Office of Inspector General, 1986.
7. Tye JB,Warner KE, Glantz SA. "Tobacco Advertising and Consumption:
Evidence of a Causal Relationship."Journal of Public Health Policy
1987;8(4):492-508.
8. Freedman,A. "How a Tobacco Giant Doctors Snuff Brands to Boost Their
`Kick."' Wall Street Journal, 10/26/94.
9. US Department of Health and Human Services. Preventing Tobacco Use
Among Young People:A Report of the Surgeon General. US Department of
Health and Human Services, 1994.
Page 2 of 2-Smokeless Tobacco and Youth January 1995
Marketing Kit • Information Sheet
TRENDS IN TOBACCO USE AMONG YOUTH
• Each day, more than 3,000 young people begin to smoke—or more than 1 million each year.
Most of the new smokers who replace the smokers who quit or die prematurely from smoking-
related disease are children or teens.'
• The prevalence of cigarette smoking among high school seniors remained virtually unchanged
from 1981 through 1990. In 1992, 17%of both male and female high school seniors were daily
cigarette smokers.2
• Almost 75%of daily smokers in high school still smoke 7 to 9 years later,even though only 5%had
thought they would definitely be smoking 5 years later.'
• In 1989,about 64% of teenagers who are current smokers had made at least one serious attempt to
quit.4
• About 90%of smokers born since 1935 started smoking before age 21 and almost 50%started before
age 18.5
• Use of smokeless tobacco among youth is a growing problem. Between 1970 and 1986,the
use of snuff increased 15 times and the use of chewing tobacco 4 times among males aged 17-19
years.'
• Many factors interact to encourage cigarette smoking among youth,including smoking by peers and
family members,tobacco advertising and promotion,and easy availability of cigarettes.'
• The most consistent influence on cigarette use among adolescents is having friends who smoke.About
80%of adolescent smokers report having at least one dose friend who smokes.About 20%of adoles-
cent who don't smoke report having at least one dose friend who smokes.4
• About half of adolescent smokers have parents who smoke.Teenagers are three times more likely to
smoke if their parents and at least one older sibling smoke.6
• About 85%of adolescent smokers who buy their own cigarettes usually buy Marlboro,Newport, or
Camel cigarettes,the most heavily marketed brands?
• White high school seniors are on average five times more likely to smoke than black high school
seniors. Smoking prevalence among Hispanics falls in between.2
• Among male high school seniors,the prevalence of smoking half a pack of cigarettes or more a day is
18%among Native Americans,compared with 12%among whites, 5%among Mexican-Americans,
4%among Asian-Americans,and 2%among African-Americans.'
USE OF TOBACCO, ALCOHOL, AND OTHER ILLICIT DRUGS AMONG YOUTH
• Illegal drug use is rare among those who have never smoked.Cigarette smoking is likely to precede use
of alcohol or illegal drugs.'
• Virtually no use of alcohol,tobacco,or illicit drugs(except cocaine) begins after age 25.10
• More than 3.5 million 12-through 17-year-olds have tried marijuana,and one-third of these are
regular users; over half a million adolescents have tried cocaine,and half of these are regular users."
CDC
CENTERS FOR DISEASE CONTROL
AND PREVENTION
• In 1989,over 3 million U.S. teenagers (16%)were current cigarette smokers.Approximately 7 million
more teenagers (29%) had at least tried smoking.'
• Among students who had drunk alcohol,the average age at first use was 12.5 years.Among students
who had used marijuana,the average age at first use was 13.7 years.12
• About 1.7 million youths aged 12-18 have smoked a whole cigarette before their 12th birthday.'
REFERENCES
1. Pierce JP,Fiore MC,Novotny TE,et al.Trends in Cigarette Smoking in the United States.Projections to the Year
2000.JAMA 1989;261:61-65.
2. National Institute on Drug Abuse.National Survey Results on Drug Use from Monitoring the Future Survey, 1975-
1992,Vol.1.Bethesda,MD:U.S.Department of Health and Human Services,Public Health Service,National
Institutes of Health, 1993;NIH publication no.93-3597.
3. National Institute on Drug Abuse.National Survey Results on Drug Use from Monitoring the Future Survey, 1975-
1992,Vol.2.Bethesda,MD:U.S.Department of Health and Human Services,Public Health Service,National Institutes
of Health, 1993;NIH publication no.93-3598.
4. Allen KF,Moss AJ,Giovino GA,Shopland DR,Pierce JP.Teenage Tobacco Use:Data Estimates from Teenage Attitudes
and Practices Survey,United States, 1989.Hyattsville,MD:U.S.Department of Health and Human Services,Public
Health Service,National Center for Health Statistics, 1993.(Advance Data from Vital and Health Statistics, no.224).
5. U.S.Department of Health and Human Services.Reducing the Health Consequences of Smoking:25 Years of Progress.A
Report of the Surgeon General, 1989.Rockville,MD:U.S.Department of Health and Human Services,Public Health
Service,Centers for Disease Control,1989;DHHS publication no.(CDC)89-8411.
6. Moss AJ,Allan KF,Giovino GA,Mills SL Recent Trends in Adolescent Smoking,Smoking-Uptake Correlates and
Expectations About the Future.Hyattsville,MD:U.S.Department of Health and Human Services,Public Health Service,
National Center for Health Statistics, 1992.(Advance Data from Vital and Health Statistics,no.221).
7. Centers for Disease Control.Comparison of Cigarette Brand Preference of Adult and Teenage Smokers,United States,
1989 and 10 U.S.Communities, 1988 and 1990.MMWR 1992;41:169-73,179-.81.
8. National Institute on Drug Abuse.Smoking,Drinking and Illicit Drug Use Among American Secondary School Students,
College Students and Young Adults 1975-1991,Vol.I.Bethesda,MD:U.S.Department of Health and Human Services,
Public Health Service,National Institutes of Health,1992;NIH publication no.93-3480.
9. U.S.Department of Health and Human Services.The Health Consequences of Smoking:Nicotine Addiction.A Report of
the Surgeon General,1988.Rockville,MD:U.S.Department of Health and Human Services,Public Health Service,
Centers for Disease Control,1988;DHHS publication no.(CDC)88-8406.
10.National Center for Health Statistics.Health Promotion and Disease Prevention,United States,1985.Hyattsville,
MD:U.S.Department of Health and Human Services,Public Health Service,National Center for Health Statistics, 1988;
DHHS publication no.(PHS)88-1598.(Vital and Health Statistics,vol.10,no. 163).
11.The National Commission on the Role of the School and the Community in Improving Adolescent Health.C'ie
Blue:Uniting for Healthier Youth.Alexandria,VA:National Association of State Boards of Education,1990.
12.U.S.Department of Health and Human Services,Public Health Service.Results from the National School-Based
1991 Youth Risk Behavior Survey and Progress Toward Achieving Related Health Objectives for the Nation.Public
Health Reports 1993;108(supplement 1).
December 1993
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES•Public Health ServiceSs,
+A.riz
®KERS FOR DISEASE CCN RCA
AND PREVENTIDN
Assisting Community Act ' Minnesota
for a Tobacco Free En SISI
and Answers on Questions Preventing
Youth Access and the Tobacco
Industry's Initiatives
QThe tobacco industry seems to be concerned A This program delivers a message designed to
about youth gaining access to tobacco and shift the burden of responsibility away from the
they provide training programs to merchants. retailers, placing it on underage purchasers.
Doesn't the industry also propose legislation to Unlike the best state and municipal laws, there
address youth access?Why don't we just work is no enforcement mechanism; violators run no
together and implement the programs they risk of punishment.
offer?
Q The Jaycees in our community have a program
AThe tobacco industry has a history of introduc- called JAYS that will address youth access.
ing ineffective or weak initiatives and cam- Should we support their program?
paigns designed to improve its image.These
initiatives serve two major purposes: A The U.S.Junior Chamber of Commerce
(Jaycees) has introduced a program called JAYS
1) To improve the tobacco industry's disrepu- (Jaycees Against Youth Smoking) which, on the
table image. Growing criticism of the surface, appears to address the issue of youth
industry's marketing efforts, especially those access to tobacco. However, a closer look at the
which target youth, has resulted in public JAYS program reveals that it is simply the "Its
support for effective restrictions on minors' the Law" program, funded by the R.J. Reynolds
access to tobacco. The tobacco industry Company (RJR), and repackaged and reprinted
seeks to build its credibility, and to deflect by the Jaycees. While the Jaycees should be
attention from more serious positions advo- applauded for their efforts to take on the issues
cared by state and local authorities. around youth access to tobacco, the ineffective
2) To serve as a front for the industry's lobbying components of signs, pledges, and pamphlets
efforts.The tobacco industry's legislative combined with the RJR sponsorship has lead
proposals are substantially weaker than many the Jaycees' good intentions down a dead-end.
now pending in states and cities. Industry- Through this program, members of local
sponsored bills at the state level also invari- Jaycees chapters conduct visits to individual
ably include preemption provisions that retail establishments and ask the merchants to:
prohibit local efforts to enact stronger
legislation. • maintain a store policy of checking IDs for all
age-restricted products;
QWhat about the Tobacco Institute's national
program to provide retailers with signs, decals, • post one or more signs to promote awareness
stickers and lapel buttons carrying the slogan, of age restriction laws;
"It's the Law. We do not sell tobacco products to • ensure that all employees understand the
persons under 18?" importance of these laws;
Page 1 of 3- Questions and Answers on Preventing Youth Access
•
• and sign a pledge stating their commitment to the industry provides itself an opportunity to
help reduce youth access to tobacco. lobby for a preemption clause that would
prevent any locality from adopting a higher age
The critical component that will lead to signifi- limit, or appropriate enforcement measures.
cant reductions in tobacco sales to children—
monitoring sales—is absent. Q Don't tobacco companies support supervision
of vending machines in areas frequented by
QThe tobacco industry has nationally distrib- minors? Doesn't that keep kids from buying
uted a free 18-page brochure titled "Tobacco: cigarettes?
Helping Youth Say No." Isn't this intended for
parents to help their children resist peer A This is another attempt to obscure the real
pressure to use tobacco? issue: vending machines should not be in
locations frequented by minors. Cities across
AThis booklet serves to shift the responsibility of
preventing youth tobacco use onto children and the country are enacting complete bans on
vending machines because it is unreasonable to
away from the industry and its $3.3 billion expect that vending machines can be super-
yearly investment in advertising and promotion. wised. If someone is able to "supervise" a vend-
The brochure fails to address why children ing machine, then that person should instead be
shouldn't use tobacco, referring only to tobacco able to sell cigarettes and ask for ID.
use as an "adult habit" that is illegal for minors.
Parents are told to tell children that they are not Why can't we believe that the tobacco industry
old enough to make an informed decision about Q has good intentions? Don't they get enough
tobacco use. profits from adults who smoke?
RJR offers another pamphlet, "Right Decisions, A Although children may represent a small market
Right Now,"which is provided for parents who 1`"� share for the tobacco industry, they are none-
wish to speak to their kids about not smoking. theless significant.The tobacco industry earns
While health detriments due to smoking are $221 million in profits each year from its illegal
briefly mentioned, there is no information at all sales to children. More importantly, today's
about the addictive nature of tobacco products. young people who smoke are tomorrow's adult
Parents who smoke are encouraged to explain to addicts; 88% of persons who have ever tried a
their children that they do so because it is an cigarette have done so by age 18. Seventy-one
enjoyable behavior.Tobacco control organiza- percent of those adults who currently smoke
tions are not listed in the additional resources every day started smoking by age 18.' In this
section of the pamphlet (such as the American sense, they are perhaps the cigarette industry's
Cancer Society, the American Lung Association
most important customers.
and the American Heart Association).
oWe need to educate youth about the dangers
QSometimes tobacco companies support state of tobacco use and that it is illegal for them to
laws prohibiting the sale of tobacco to those buy tobacco.Why punish the merchants?
under 18. How can you say that that isn't
positive? A There are many good education programs
available today for youth about tobacco, and
ABy expressing an interest in setting a legal age substantial expenditures on these programs have
limit, the industry attempts to gain public been made. Unfortunately,youth tobacco use
support by aligning itself with an already rates remain high.The 1992 Minnesota Student
accepted policy. By taking a proactive position, Survey found that 22% of high school seniors
Page 2 of 3- Questions and Answers on Preventing Youth Access
use tobacco on a daily basis.2 Through the
implementation of a licensing system which
supports compliance checks and provides for
fines to those who make illegal sales to children,
all merchants are operating on an equal playing
field.This type of system will ensure that those
who make the illegal sales to children will be
identified and punished.
QWhy don't we arrest the kids who are buying
tobacco? Isn't it illegal for them to even possess
tobacco?
AIndeed it is illegal in Minnesota for minors to
purchase and to possess tobacco. However, in
light of the fact that the law enforcement and
criminal justice systems are already overbur-
dened, it is much more effective, and saves time
and dollar resources, to eliminate the source of
the tobacco.Administrative penalties and fines
should be imposed on merchants who sell to
minors.This method is less time consuming
and less costly than imposing criminal penalties
on youth.
REFERENCES
1. US Department of Health and Human Services.Preventing Tobacco Use Among Young People:A Report of the Surgeon
General US Department of Health and Human Services, 1994.
2. Minnesota Department of Education.Minnesota Student Survey 1989-1992:Reflections of Social Change.St. Paul,MN:
Minnesota Department of Education, 1992.
Page 3 of 3- Questions and Answers on Preventing Youth Access January 1995
Assisting Community Actit Minnesota
for a Tobacco-Free En % SI ST
Quotable Quotes and Media B
on Preventing Youth Access
"If it was legal to sell to 'em,we'd be glad to."
—Walker Merryman of the Tobacco Institute, on
selling cigarettes to children,WHCS-TV,
Portland, Maine,August 5, 1992.
"Sincerity is rarely a trait ascribed to the tobacco industry."
—New York Times, October 26, 1993.
"The very premise that smoking is something youths should be
deciding about must be condemned. Each day, approximately 3,000
American adolescents become regular smokers. Of these, about 30
will eventually die in traffic accidents, 20 will be murdered, and
nearly 750 will be killed by tobacco. Who would tell a child that he
must decide whether or not to run in front of a car or pack a gun to
school?We certainly should not be telling children they must decide
about smoking."
—Joseph DiFranza and Tim McAfee, "The Tobacco
Institute: Helping Youth Say'Yes' to Tobacco,"
Journal of Family Practice 1992;34(6).
"The pharmacist is a professional. He or she may also be an
entrepreneur and sell other things besides prescription drugs, but
something as dangerous to the public health as tobacco should not be
sold in a store accredited as a pharmacy."
—William Wensley on the efforts of the Ontario
College of Pharmacists to stop the sale of cigarettes
in the Canadian province's drug stores,
"Pharmacists to Ban Cigarette Sales," by Rod
Mickleburgh, Globe and Mail, October 18, 1990.
"Vending machines allow children to have easy access to cigarettes,
and are a primary source of their supply.They also constitute a
powerful symbol that society does not take seriously the problem of
cigarette sales to minors."
—former New York Governor Mario Cuomo,Albany
New York Times Union, September 2, 1992.
Page 1 of 2- Quotable Quotes on Preventing Youth Access
"[The] reason you don't see vending machines for wine and beer is the same
reason you shouldn't have vending machines for cigarettes. Why should you
dispense something linked to cancer, to death in a machine that a child
can—and will—operate?"
—Hank Prensky, City Council member in Takoma
Park, Maryland, "Cigarette Machines Facing Ban," by
Jo-Ann Armao, Washington Post,July 8, 1990.
"You can't buy beer from a vending machine. Why should you be able to
purchase cigarettes there?"
—Dr. Louis Sullivan, former Secretary of Health and
Human Services, "Smoking Foes Target Vending
Machines," by Carol Memmott, USA TODAY,July
23, 1990.
"Think about this issue. Cigarettes kill 400,000 Americans a year—more
than illicit drugs, more than alcohol, yet we sell them in vending machines
that literally a nine-year-old could operate. It's crazy."
—Mark Pertschuk, general Counsel for Americans
for Nonsmokers' Rights, "Cigarette Machines Facing
Ban," by Jo-Ann Armao, Washington Post,July 8, 1990.
"One purpose of government is to protect those who are unable to protect
themselves from danger. Certainly the protection of 12- to 13-year-old
children from easy access to large quantities of a cancer causing, addicting
drug, should be a responsibility of government."
—Officer Bruce Talbot, in testimony before the US
Senate Committee on Labor and Human Resources,
regarding the Tobacco Product Education and Health
Protection Act of 1990, S. 1883,April 3, 1990.
"Many people view smoking as a freedom of informed adult choice. Few
would argue that 13-year old students possess the knowledge or emotional
maturity to make an informed decision on smoking... The current 13 year-
old smoker will have his adult choice [to smoke or not to smoke] taken
away by nicotine addiction."
—Officer Bruce R.Talbot, in his testimony before the
US Senate Committee on Labor and Human
Resources,April 3, 1990.
Media Bites
Kids will get access to tobacco until the law effectively bites the hands that
feed them cigarettes.
Pharmacists who sell drugs that heal are licensed to make sure that drugs
don't get into the wrong hands; shouldn't vendors who sell cigarettes that
kill be licensed to make sure that they don't get sold to kids?
Page 2 of 2- Quotable Quotes on Preventing Youth Access January 1995
The Effects of Combining Education
and Enforcement to Reduce
Tobacco Sales to Minors
A Study of Four Northern California Communities
Ellen Feighery, MS; David G. Altman, PhD; Gregory Shaffer, MA
Objective.—To examine the effects of a community education and law en- olds, .i5%1 in
and any d 5--year-odd
forcement intervention on illegal tobacco sales to minors. for 19.1%16- and and 17-yds-o just The rateless
Design.—A 2-year,before and after trial with retail stores as the unit of anal-- n that of the overall California adult
ysis. population.This study also identified ex-
Setting.—Implementation occurred in four suburban California communities pewenters. 12.9% of 12- and 13-year-
with populations of 25 000 to 100 000. olds, 29.4%of 14-and 15-year-olds, and
Participants.—All the retail stores in one intervention community and half the 40.8%of 16-and 17-year-olds.Nationally,
retail stores, randomly selected, in the other three intervention communities in 1988, more than 3 million Americans
(n=169)were visited by minors aged 14 to 16 years with the intent to purchase under
e1 e ageion of par18 8 years cottes consumed
and al-
tobacco. most
6
Intervention.—Ongoing community and merchant education and four law million
liont containers
ntainormokeltobacco,
enforcement operations were conducted. accounbaccoindustryprofit approximately 3%sedata
Main Outcome Measures.—Over-the-counter and vending machine sales offfiustrate that minors are obtaining to-
tobacco to minors were the primary outcomes. bacco readily.
Results.—Among a cohort of stores.visited by minors at the pretest(n=104)
in June 1988,71%sold tobacco over the counter and 92%sold tobacco through See also3159 and 3186.
vending machines.At posttest 2 in May 1990,24%sold tobacco over the counter pp
and 93% sold tobacco through vending machines. Of the 31 stores issued ci-
tations, 16 were followed into the courts where the fines were dismissed or re- Indeed,in field trials around the coun-
duced. try,minors have purchased tobacco suc-
Conclusions.—Education alone had a limited effect on reducing illegal cessfully from stores and vending ma-
tobacco sales to minors.It did promote community support for more aggressive chines 70%to 100%of the time(E.F.,
enforcement strategies. Education plus enforcement decreased significantly unpublished data,1991).&10 In May 1990,
Louis Sullivan, MD, Secretary of the
over-the-counter sales;vending machine sales were unaffected by these inter- Department of HeD, and Human Ser-
ventions.The lack of support at the judicial level may temper the effectiveness vices, wrote: "Access of minors to Sett.-
of enforcement. Legislative remedies addressing judicial obstacles and vend- bacco is a major problem in every state
ing machine sales are needed. of the nation. About three-fourths of
(JAMA.1991;266:3168-3171) the million outlets which sell cigarettes
to adults also sell cigarettes to minors.
EASY access to tobacco products by smokers become addicted to tobacco by These stores ignore the laws of their
adolescents is a major public health prob- the age of 18 years,generally before it states because enforcement is almost
lem. Approximately 75% of current is legal for them to purchase tobacco nonexistent.""The Inspector General's
products.' The importance of prevent- Office of the Department of Health and
ing early tobacco use is reinforced by Human Services found blatant disregard
From the Center for Research in Disease Prevention, data illustrating that tobacco is the irxi- of the laws that prohibit the sale of to-
Stantord University School of Medicine.Palo Alto,Calif tial drug of preference for young people bacco to minors by merchants, law en-
(Ms Feighery and Dr Altman)and the North Bay Health
Resources Center.Petaluma.Calif(Mr Shaffer). and that its use is associated with other drugforcemeent axgfiecnccies,n communities
only 11
at
Reprint requests to the Center for Research in Dis- use. large. y
A 1990 report of tobacco use
ease Prevention,Stanford University School of Medi- in Californias found that current smok- active state and local jurisdictions where
cine.1000 Welch Rd.Palo Alto,CA 94303(Ms Feigh ing status was 3.3%in 12-and 13-year- these laws were enforced.12 In one of
try).
3168 JAMA. December 11 1991—Vol 266. No 22 Education and Enforcement to Reduce Tobacco Sales—Feighery et al
these jurisdictions, Woodridge, Ill, il- generated from the telephone company names of violators and stores.
legal sales to minors in the 26 stores yellow pages and the county health de- In May 1990,following police enforce-
licensed to sell tobacco were eliminated partment's listing of eating establish- ment activities and continued education,
due to a tobacco retailer licensing ordi- ments. The outlets included grocery,li- 15 male and female minors aged 14 to 16
nance and active law enforcement.This quor and convenience stores, restau- years who had not participated previ-
impressive finding should be interpreted rants, pharmacies, and gas stations. ously in the project visited 145 stores in
in light of the fact that in the four vil- In September 1988,a comprehensive the four cities with the intent to pur-
lages contiguous to Woodridge,tobacco educational intervention directed at mer- chase tobacco(posttest 2). Of the orig-
sales to minors occurred in 94% of the chants, law enforcement agencies, and inal 169 outlets visited in June through
stores. Thus, tobacco is still readily ac- the community at large was begun.The August 1988, 104 were revisited in May
cessible to Woodridge minors. The cur- intervention included widely publiciz- 1990. The 65 stores not visited in May
rent study evaluates an intervention, ing the results of the pretest through 1990 either went out of business,did not
also cited in the Inspector General's re- the local media; making presentations sell tobacco products, or could not be
port, that combined merchant and corn- to city councils, the county board of su- located by project staff members. At
munity education with active enforce- pervisors,and community organizations; posttest 2, 41 of the 145 stores visited
ment of the California law by local police and mailing educational packets to all had not been visited previously. To ex-
departments. The goal was.to reduce tobacco retailers in the four cities. The amine the representatives of the 104
tobacco sales to minors by 50%. packets included a cover letter that de- stores that were visited at the pretest
Laws regulating sales of tobacco prod- scribed the results of the first survey and posttest 2, two analyses were con-
ucts to minors differ from state to state. and why it was important to comply ducted.The first,an analysis of pretest
California law prohibits the sale and pur- with the law,a copy of the law,warning data,compared stores with pretest data
chase of tobacco products to and by any- stickers for cash registers,employee ed- only(n=65)to stores with pretest and
one under the age of 18 years. Retailers ucation materials, and a list of individ- posttest 2 data(n=104).The second,an
who break this law are subject to a mis- uals and community organizations sup- analysis of posttest 2 data, compared
demeanor with a first-offense fine of porting the project. stores with posttest 2 data only(n=41)
$200, a second-offense fine of$500, and In December 1988, half of the stores to stores with pretest and posttest 2
a third-offense fine of$1000. As of Jan- visited at the pretest were selected ran- data(n=104).Neither of these analyses
uary 1, 1989, minors caught purchasing domly and visited by eight of the orig- was significant,suggesting that the 104
tobacco are subject to a fine of$50 or 25 inal 20 minors(posttest 1). A total of 83 stores visited at the pretest and post-
hours of community service work. stores were visited.Because the results test 2 were representative of the entire
METHODS of this visit fell short of project expec- sample of 210 different stores visited
tations to In 1988, the Solano County Cancer ace-to-faceenterviews wuce sales ere coat nducted at thover e pretee st, 41 at posttest 2).e of the (169
Prevention Program embarked on a com- with 17 merchants to discover why the Because the California law was not
munity-wide effort to reduce the illegal educational effort did not achieve the enforced prior to the intervention, we
sale of tobacco to minors. The four tar- results of a similar study in Santa Clara wanted to document how judges inter-
geted cities in Solano County, California County, California." Merchants re- preted it. In the summer of 1990, staff
(Benicia,Fairfield,Vacaville,and Vallejo), ported the following:(1)frustration that members followed half of the store clerks
with populations ranging from 25 000 to minors could purchase tobacco products cited for selling tobacco to minors
100000, account for approximately 85% easily from other local sources, making through the county court system and
of the county's 340000 residents. These it a disincentive to change their prac- interviewed each judge after court ses-
are suburban communities separated tices; (2) knowledge that the law was sions to obtain explanations of their
from each other by 8 to 24 km. not enforced and a belief that without decisions.
Tobacco sales to minors (yes or no) the sanctions of active enforcement,.
was the primary outcome variable of business as usual was acceptable; and RESULTS
the study. Data were collected at the (3)belief that the most effective method Overall, 73% (n=169) of stores sold
pretest (June through August 1988); to stop sales to minors was by active en- tobacco to minors at the pretest, 68%
posttest 1, after an education-only in- forcement. The results of the store sur- (n=83) sold tobacco at posttest 1, and
tervention (December 1988); and post- veys and the merchant interviews were 31%(n=145)sold tobacco at posttest 2.
test 2, after an education plus law en- communicated to local police departments Over-the-counter sales dropped from
forcement intervention(May 1990).Data with requests to enforce the law.
were analyzed using the McNemar non- In November 1989,a law enforcement 72%=69)at posttest pretest (n=144), to 62 )
parametric test. intervention was added to the on in at t. Vending,and to 21%c (n=ales
In June through August ongoing posttest 2. machine sales
g 1988 (pre- educational intervention.Four police de- were 84%at the pretest(n=25),93%at
test), 20 youths ranging in age from 14 partment enforcement operations (ie, posttest 1 (n=14), and 83% (n=23) at
to 16 years were recruited through local "stings") were conducted by three po- posttest 2. Table 1 presents data from
community agency contacts and escorted lice departments. Upcoming police vis- the cohort sample of stores visited at
to 169 stores in the four intervention its to stores were announced in local both the pretest and posttest 1,and Ta-
cities to purchase tobacco. The 14- to newspapers. A total of 90 stores were ble 2 presents data from the cohort of
16-year-old age group was selected be- visited by underage police cadets;34% stores visited at both the pretest and
cause this is generally when experimen- of the stores sold tobacco products and posttest 2.
tation and adoption of smoking behavior received citations.Each enforcement ef- Following•the issuance of citations,
occurs. The stores comprised approxi- fort required about 8 hours of each po- 16 of the 31 merchants who received
mately half of all the retail outlets in lice department's time,half of which was citations were followed through the ju-
each city with the exception of Benicia spent visiting the stores and the dicial system by Solano County Cancer
where all tobacco retailers were sur- other half on paperwork. The results Prevention Program staff members to
veyed. The outlets in the other three of this police activity were reported track the disposition of the cases. In
cities were selected randomly from lists in the local media, including the seven cases, the judges suspended the
,;AMA Decemoer '1 1991—Vol 266. No. 22 Education and Enforcement to Reduce Tobacco Sales—Fegnery et al 3169
Table 1.—Cohort of Stores Visited at Pretest and Posttest 1 to Determine Percentage of Stores Selling County study, one of which was San
Tobacco to Minors Jose,the 11th largest city in the United
%Change Prete
st States, were primarily urban. Second,
June 1N$ December 1988 to Posttest it while we used local print and radio me-
Pretest, Posttest 1, (55%Confidence dia extensively, we were generally un-
al storesVariable No. ores(%) No.of Stores(%) P interval,%):table to capture the attention of the larger
(77) 77 (65) NS —12 (1,-24) g
Over-the-counter sales 64 (73) 64 (59) NS —14 (o,—28) San Francisco Bay area television me-
Vending machines sales 13 (92) 13 (92) NS —0 (21,-21) dia market as was accomplished in the
Santa Clara study.We did,however,get
'NS indicates a significance level>.05. some television coverage when police de-
tPercent in pretest—percent in posttest 2. partments started issuing citations.
#95%confidence interval calculated for change using sample with data at pretest and posttest 1. There are several disappointing out-
comes of the intervention to date.First,
Table 2.—Cohort of Stores Visited at Pretest and Posttest 2 to Determine Percentage of Stores Selling vending machine sales were unaffected.
Tobacco to Minors This provides support for the elimina-
x Change Finest tion of all tobacco vending machines,an
June 1988 wtay 19110 to Posttest 2t action called for by Department of
Variable No.of Stores(x)• No.ooffSores(%) pt ( f Interval, a Health and Human Services Secretary
All stores 104 (75) 104 (35) ‹.0001 —40 (-26—55) Louis Sullivan and several prohealth
Over-the-counter sales 87 (71) 87 (24) <.0001 —47 (-31,-64) groups. Community experiences with
Vending machines sales 14 (93) 14 (93) NS ' 0 (20,—20) P vending machine bans (eg, vol-
untary surveillance of machines by re-
'The numbers for over-the-counter sales(87)and vending machine sales(14)do not add up to the number for tailers, the use of locking devices or to-
all stores(104)because three stores were dropped from the analysis since tobacco was purchased differently kens, or limiting machines to adult loca-
between tests(eg,one time by over-the-counter and one time by vending machine).
tNS indicates a significance level>.05. tions)in limiting vending machine sales of
Percent in pretest—percent in posttest 2. tobacco to minors are not encouraging.
§95%confidence interval calculated for change using sample with data at pretest and posttest 2.
The second outcome was the judges'
dismissals of charges and reductions of
sentences, placed those cited on infor- nity and merchant education alone. fines when store clerks who received
mal probation,and imposed$50 fines as Given the small amount of time spent by citations appeared in court. This was
a condition of probation.One judge sus- each police department to implement particularly disappointing in light of the
pended the sentences of all nine persons the intervention, our findings suggest broad community support and police
issued citations and although they were that enforcement is a feasible way to commitment to enforcement.Continued
found guilty, the individuals were not reduce tobacco sales to minors. lack of punishment would eventually act
required to pay a fine. While education alone yielded a rel- as a deterrent to police involvement and
Interviews were conducted with two atively small reduction in illegal sales of would weaken the effectiveness of po-
judges to learn why these decisions were tobacco products to minors, it did gar- lice enforcement efforts in the commu-
made. Three primary reasons were ner broad community support and set nity. Additionally, merchants would
given. First, the judges were reluctant the stage for the more punitive action of again flaunt the law knowing that cita-
to establish criminal records for citizens police department enforcement. Edu- tions would not be upheld in court. Fol-
with no prior criminal history. Since it eating merchants and the community at lowing this study, however, when new
is a misdemeanor.in California to sell large about the law demonstrated to the citations were processed through the
tobacco to a minor, convicted violators police departments that a serious effort same courts, the judges were far less
will have lifetime criminal records.Sec- was made to obtain voluntary compli- lenient than they were when first con-
ond,the judges believed that a$200 fine ante with the law. When educational fronted with this type of case.This sug-
placed an unfair burden on store em- efforts fell short of project goals,police gests that the court system can be stim
ployees,many of whom worked for min- departments were willing to take ac- ulated to respond when repetitive vio-
irnum wage. California law states that tion.Additionally,because police depart- lations occur.
the clerk who sold tobacco illegally, ments are public servants and therefore Third, although it is clear that mer-
rather than the manager or store owner, sensitive to community pressure, pre- chant behavior can be affected signifi-
is cited. Third,judges believed that vi- senting evidence of the problem and sup- cantly by active enforcement of the law
olations of the law on tobacco sales to port from the local media and commu- by police departments, multiple prob-
minors were far less serious than most nity leaders influenced their decisions lems with access laws exist. Given that
of the other cases they face daily. As a to enforce a law that is largely ignored the dockets of criminal courts are gen-
result,judges treated violators leniently, throughout the state and nation. erally overloaded, these courts are in-
particularly first-time offenders.Unlike Since this project modeled its educa- appropriate vehicles for the disposition
the California law regulating sales of tional intervention on the Santa Clara of access violations.Also,judges'reluc-
alcohol to minors, judges interpreted County project,9 we expected to achieve tante to establish criminal records for
the tobacco sales law as providing them similar reductions in over-the-counter citizens with no prior convictions must
with discretion in determining the pen- sales due to education alone. In retro- be recognized. Both of these problems
alties, if any, imposed. spect,there were two major differences lend support for access laws to be con-
in program implementation that may ac- sidered as civil rather than criminal of-
COMMENTcount for our educational intervention fenses and processed administratively
This study illustrated that enforce- not reducing tobacco sales significantly. rather than through the criminal justice
ment of laws regulating sales of tobacco The first difference is the type of corn- system.
products to minors had a significant ef- munity. The four intervention cities in Fourth,the responsibility for enforce-
feet on over-the-counter sales above and Solano County are small and suburban, ment has implications for the success of
beyond that obtained through commu- whereas the cities in the Santa Clara access laws. To increase enforcement,
3170 JAMA. December 11, 1991-Vol 266, No.22 Education and Enforcement to Reduce Tobacco Sales-Feighery et al
authority should rest with both law en- this study should be considered in light ing use of tobacco or are already in the
forcement agencies and with local or of several potential design limitations. early stages of use.Unfortunately,there
state government agencies such as pub- First, the design did not allow a test of are virtually no data on the relationship
lic health departments. Secretary Sul- the independent effects of education and between reductions in tobacco access
livan and other tobacco control activists enforcement.Thus,it is unclear whether and youth smoking prevalence. In the
propose the establishment of a licensing enforcement alone would have achieved case of alcohol,however,there is a mod-
system that would fund enforcement and the same outcomes.Second,a truer cross erate amount of literature on the effects
tie compliance with laws to selling to- section of merchants would have been of raising the minimum age of purchase,
bacco products. obtained if sampling occurred on sev- alcohol availability, and prohibition of
Fifth,there is the issue of who should eral different days and times.Third,the consumption.'18 Although this study
be culpable and for what. Some have absence of data from some stores at the demonstrated that active enforcement
argued that the owner or manager of a three data collection points may limit of sales-to-minors laws is an effective
store selling tobacco products should be the conclusions derived, although sta- and viable way to reduce sales of to-
fined for not setting and enforcing pol- tistical analysis of potential differences bacco products to minors,the most fun-
icies. The establishment of a licensing was not significant. damental question has yet to be an-
system would address this issue because The results of this study illustrate the swered-what effect does decreased ac-
stores would be punished for violations, complexity of the problem regarding ac- cess by underage youth have on their
including the loss of their license to sell cess to tobacco products by underage use of tobacco?
any tobacco.Others have suggested that youth. An over-the-counter sales rate
minors should be held accountable by of 21%still provides minors with access
making possession and use of tobacco to tobacco, although it is possible that This project was sponsored by the Solano County
illegal.The effects of these different op- this level of sales mayserve as an ef- Can Prevention Program of the North Bay
b Health Resources Center, Petaluma, Calif, and
tions need further evaluation. fective impediment to minors who are was supported by a grant from the Henry J. Kai-
The interpretation of the findings of not yet addicted or who are contemplat- ser Family Foundation,Menlo Park,Calif.
References
1. Surgeon General. The Health Consequences of 7. DiFranzaJR,TyeJB.Who profits from tobacco Health. 1991;81:891-893.
Smoking:Nicotine Addiction:A Report of the Sur- sales to children?JAMA. 1990263:2784-2787. 14. Ashley MJ, Rankin JG. A public health ap-
geon General.Washington.DC:US Dept of Health 8. Kirn TF.Laws ban minors'tobacco purchases, proach to the prevention of alcohol-related health
and Human Services:1988.US Dept of Health and but enforcement is another matter. JAMA. problems. Annu Rev Public Health. 1988;9:233-
Human Services publication 88-8406. 1987257:33234324. 271.
2. Fleming R, Levanthal H.Glynn K, Ershler J. 9. Altman D, Foster V, Rasenick-Douss L, Tye 15. US Department of Health and Human Ser-
The role of cigarettes in the initiation and progres- JB.Reducing the illegal sale of tobacco to minors. vices.Surgeon General's Workshop on Drunk Driv-
sion of early substance abuse. Addict Behay. JAMA. 1989261:80-83. ing: Proceedings. Washington, DC: US Dept of
1989:14:261-272. 10. DiFranza JR.Norwood BD,Garner DW,Tye Health and Human Services; 1989.
3. Greydanus DE.Routing the modern Pied Piper JB. Legislative efforts to protect children from 16. Holder HD. Environmental restrictions and
of Hamelin.JAMA. 1989261:99-100. tobacco.JAMA. 1987257:3387-3389. effective prevention policy. Adv Subst Abuse.
4. Yamaguchi K.Kandel DB.Patterns of drug use 11. Model Sale of Tobacco Products to Minors Con- 1987;1(suppl 1):405-432.
from adolescence to young adulthood,II:sequences trol Act:A Model Law Recommended for Adoption 17. Holder HD,Saltz RF.Research opportunities
of progression.Am J Public Health. 1984;74:668- by States or Localities to Prevent the Sale of To- in environmental and community prevention strat-
672. bacco Products to Minors. Washington, DC: US egies.Presented at the Institute of Medicine Panel
5. Yamaguchi K.Kandel DB.Patterns of drug use Department of Health and Human Services;May on Opportunities for Research on Prevention of
from adolescence to young adulthood. III:predic- 24, 1990. Alcohol-Related Problems;January 20,1988;Wash-
tors of progression. Am J Public Health. 12. Youth Access to Cigarettes:A Report of the ington,DC.
1984;74:673-681. Office of the Inspector General, New York. New 18. Milgram GG, Nathan PE. Efforts to prevent
6. University of California(San Diego),California York,NY:Office of the Inspector General;1990. alcohol abuse.In:Edelstein BA,Michelson L.eds.
Department of Health Services. Tobacco Use in 13. Altman DG,Rasenick-Douse L,Foster V,Tye Handbook of Prevention.New York,NY:Plenum
California, 1990. Sacramento, Calif: Department JB.Sustained effects of an educational program to Press;1986:243-262.
of Health Services;1990. reduce sales of cigarettes to minors.Am J Public
JAMA. December 11. 1991-Vol 266. No. 22 Education and Enforcement to Reduce Tobacco Sales-Feighery et al 3171
Community Action Book: Appendix B ❖ 41
REDUCING Appendix B
CHILDREN 'S ACCESS
TO TOBACCO
Sample Ordinances on ❖
Self-Service, Vending Machines,
and Licensing
Findings
The City Council of XYZ finds and declares that:
• The Surgeon General has determined that cigarette smoking is
dangerous to human health;
• The National Institute on Drug Abuse has found that cigarette
smoking precedes and may be predictive of adolescent illicit
drug use;
• It is in the best interests of the children of this community to
protect them from becoming addicted to a life-threatening drug;
and
• Open display makes tobacco products easier to shoplift and
therefore more accessible to persons under age 18 (eighteen).
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 18 (eighteen) years
of age.
From Community Tobacco Control:
A Handbook for Community Action,
Association for Nonsmokers -
Minnesota, 1994.
Reprinted with permission.
42 ❖ Community Action Book: Appendix B
Definitions
For purposes of this ordinance the following words and phrases
shall have the meanings ascribed to them in this section:
Tobacco product means any substance containing tobacco leaf,
including but not limited to, cigarettes; cigars; pipe tobacco; snuff
and chewing tobacco; cheroots; stogies; perique; granulated, plug
cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff;
snuff flour; refuse scraps, clippings, cuttings, and sweepings of
tobacco; and other kinds and forms of tobacco prepared in such
manner as to be suitable for chewing, sniffing, or smoking in a pipe,
rolling paper or other tobacco-related devices.
Tobacco-related product means any tobacco product as well as a
pipe, rolling papers or any other device used in such manner as to
enable chewing, sniffing or smoking of tobacco products.
Self-service merchandising means openly displaying products to
which the public has access without the intervention of an
employee.
Individually packaged tobacco products means packages containing
only one individually wrapped tobacco item. Included are single
packs of cigarettes, single bags of tobacco for rolling, and individual
cans of tobacco for chewing or sniffing. Not included are cartons
containing two or more individually packaged packs of cigarettes or
similar packages containing multiple cans or containers of tobacco
suitable for smoking, chewing, or sniffing.
Vending machine means any mechanical, electric or electronic
device which, upon insertion of money, tokens, or any other form of
payment, dispenses tobacco products.
❖ License Required to Sell Tobacco-
Related Products
No person shall keep for retail sale or sell at retail or otherwise
dispose of any tobacco-related product at any place in the city
without first obtaining a license, therefore paying a fee. A separate
license is required for each location at which such products are sold.
Community Action Book: Appendix B ❖ 43
Conditions of tobacco license
A license shall be issued only to an adult of good moral character. No
license shall be issued_to an applicant for sale of tobacco-related
products at any place other than his or her established place of
business. No license shall be issued for the sale of tobacco-related
products at a movable place of business. No license shall be issued for
the sale of tobacco-related products at more than one place of business,
but a license holder may purchase more than one license. No licensee
shall sell, furnish, or give away any tobacco-related product to any
person below the age of 18 years or the license holder will be in
violation of the laws of the State of Minnesota.
Fee for tobacco license
The fee for a license to sell tobacco-related product shall be $250 for a
year or part thereof; all such licenses shall be renewed on April 1.
Alternate graduated fee
The license fee shall be $500 per calendar year or part thereof, all
tobacco-related product licenses being renewed annually on April 1.
A license holder who has only customer-assisted tobacco sales and no
self-service merchandising shall be eligible for a discount of$250. A
license holder who provides individually packaged items through
customer-assisted service but has self-service merchandising of carton
products shall be eligible for a discount of$100. Any vendor who
demonstrates that all employees who sell tobacco products have been
trained, regarding legal requirements related to tobacco sales, and
maintains records of employee training shall be eligible to receive a
discount of$150. Any sale by 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.
License inspection established
License inspectors or persons as designated by the city manager shall
conduct periodic inspections of the premises of all holders of licenses
for tobacco-related products. These inspections may include,but shall
not be limited to, surveillance including minors under the age of
eighteen (18) who attempt to purchase tobacco products.
The inspector shall issue a license violation citation to any licensee
found violating any provision of this code or the laws of the State of
Minnesota. License revocation may be instituted following the
issuance of a citation or criminal conviction of any officer, director,
manager, or other agent or employee of any licensee.
44 ❖ Community Action Book: Appendix B
Version 1: All License suspension (version 1)
Tobacco Behind the A licensee's authority to sell cigarettes at a specific location shall be
Counter suspended by the city manager for 30 days if the licensee is found to
have sold cigarettes to a person under the age of 18 years at that
location. A six-month suspension shall be imposed for a second
Version 2: Single
violation at the same location occurring within a 12 month period.
Packs Behind the
Counter License suspension (version 2)
A licensee's authority to sell cigarettes at a specific location may be
suspended, denied or not renewed if the licensee is found to have
sold cigarettes to a person under the age of 18 years at that address.
In the case of a suspension, there shall be no license fee refund.
Appeals
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 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.
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 provide 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.
Self-service merchandising of tobacco products prohibited
It shall be unlawful for any person to offer for sale any tobacco
product by means of self-service merchandising.
Self-service merchandising of individually packaged
tobacco products prohibited
It shall be unlawful for any person to offer for sale any individually
packaged tobacco product by means of self-service merchandising.
Community Action Book: Appendix B ❖ 45
Model Ordinance Relating to Use ❖
of False Identification by Minors
Use of false identification by minors is prohibited. No person under
the age of eighteen (18) years shall purchase tobacco or tobacco-
related devices, as those terms are defined by Minn. Stat. sec 609.685,
subds. 1 (a) and 1 (b), using a driver's license, a Minnesota
identification card, or other form of identification, which is false,
fictitious, altered or counterfeited as to age or any other material fact
of identification. A violation of this ordinance is a petty misdemeanor.
46 ❖ Community Action Book: Appendix B
❖ Vending Machine Ordinance
Modelled After the Ordinance Passed by
Bloomington
Purpose
The city council finds that substantial scientific evidence exists that
the use of tobacco products causes cancer, heart disease, and various
other medical disorders. The city council adopts the conclusions of
the Director of the National Institute on Drug Abuse that the
majority of the four hundred-seventeen thousand (417,000)
Americans who die each year from cigarette smoking become
addicted to nicotine as adolescents before the age of legal consent
and that cigarette smoking precedes and may be predictive of
adolescent illicit drug use. It is the further finding of the city
council that the present legislative scheme of prohibiting sales of
tobacco products to persons under the age of eighteen (18) has
proven ineffective in preventing such persons from using tobacco
products. The city council has concluded that minors have ready
access to vending machines selling tobacco products and that the
prohibition of the sale or dispensing of tobacco products through
vending machines will thereby promote the health, safety and
welfare of the residents of the city, particularly those residents under
eighteen (18) years of age.
Definitions
Tobacco products means any substance containing tobacco leaf,
including, but not limited to cigarettes, cigars, pipe tobacco, snuff,
chewing tobacco or dipping tobacco.
Prohibited Sales
No person shall sell, offer for sale, give away or deliver any tobacco
product to any person under the age or eighteen (18) years. No
person shall sell or dispense any tobacco product though the use of a
vending machine.
Penalty
Violation of any provision of this division shall be a misdemeanor.
Minnesota Statutes Restricting Youth Access To
Tobacco Products
609.685 SALE OF TOBACCO TO CHILDREN
Subdivision 1. Definitions. For the purposes of this section, the following terms shall
have the meanings respectively ascribed to them in this section.
(a) "Tobacco" means cigarettes; cigars; cheroots; stogies; perique; granulated,
plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour;
cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse
scraps, clippings, cuttings and sweeping of tobacco; and other kinds and forms of
tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or
other tobacco-related devices.
(b) "Tobacco related devices" means cigarette papers or pipes for smoking.
Subd. la. Gross misdemeanor. (a) Whoever sells tobacco to a person under
the age of 18 years is guilty of a gross misdemeanor.
(b) It is an affirmative defense to a charge under this subdivision if the defendant
proves by a preponderance of the evidence that the defendant reasonably and in good
faith relied on proof of age as described in section 340A.503, subdivision 6.
Subd. 2. Misdemeanor. Whoever smokes, furnishes tobacco or tobacco-related
devices to a person under the age of 18 years is guilty of a misdemeanor.
Subd. 3. Petty misdemeanor. Whoever uses, purchases, or attempts to purchase
tobacco or tobacco related devices and is under the age of 18 years is guilty of a petty
misdemeanor. This subdivision does not apply to a person under the age of 18 years
who purchases or attempts to purchase tobacco or tobacco related devices while under
the direct supervision of a responsible adult for training, education, research, or
enforcement purposes.
Subd. 4. Effect on local ordinances. Nothing in subdivision 1 to 3 shall
supersede or preclude the continuation or adoption of any local ordinance which
provides for more stringent regulation of the subject matter in subdivision 1 to 3.
Subd. 5. Exception. Notwithstanding subdivision 2, an Indian may furnish
tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a
traditional Indian spiritual or cultural ceremony. For purposes of this subdivision, an
Indian is a person who is a member of an Indian tribe as defined in section 257.351,
subdivision 9.
History: 1963 c 753 art 1 s 609.685; 1981 c 218 s 1,2; 1986 c 352 s 4; 1989 c 290
art 3 s 33,34; 1992 c 588 s 1; 1993 c 224 art 9 s 44,45
The law makes it a petty misdemeanor for a minor to possess tobacco.
Previously, only minors who smoke or chew tobacco, or who purchase or attempt to
purchase tobacco, could be found guilty of a petty misdemeanor. The maximum fine for
a petty misdemeanor is $200.
The provision is effective Aug. 1, 1994. (HF2351*/SFnone/CH636, Art. 2, Sec. 44)
1
325E.075. SALE OF TOBACCO BY VENDING MACHINE
Subdivision 1. Definition. For purposes of this section, "tobacco" has the
meaning given the term in section 609.685.
Subd. 2. Prohibition. Tobacco may be offered for sale or sold in this state by or
from a vending machine or appliance or any other medium, device, or object, designated
or used for vending purposes only in the following locations:
(1) in an area within a factory, business, office, or other place not open to the
general public or to which persons under 18 years of age are not generally permitted
access;
(2)in an on-sale alcoholic beverage establishment or an off-sale liquor store, if:
(i) the tobacco vending machine is located within the immediate vicinity,
plain view and control of a responsible employee, so that all tobacco purchases will be
readily observable by that employee;
(ii) the tobacco vending machine is not located in a coatroom, restroom,
unmonitored hallway, outer waiting area, or similar unmonitored area; and
(iii) the tobacco vending machine is inaccessible to the public when the
establishment is closed.
(3) in other establishments, upon the following conditions:
(i) it must be located within the immediate vicinity,plain view and control
of a responsible employee, so that all tobacco purchases will be readily observable by
that employee; it must not be located in a coatroom, restroom, unmonitored hallway,
outer waiting area, or similar unmonitored area; and it must be inaccessible to the public
when the establishment is closed; and
(ii) it must be operable only by activation of an electronic switch operated
by an employee of the establishment before each sale, or by insertion of tokens provided
by an employee of the establishment before each sale.
Subd. 3. Local regulation. The governing body of a local unit of government
may adopt rules or ordinances relating to vending machine sale of tobacco that are more
restrictive than the restrictions imposed by this section.
NOTES ON DECISIONS
1. Validity
The police power of the legislature, as exercised through statutes like 617.64 (repealed;
see, now, this section) relating to use of tobacco by minors, have never been successfully
questioned; both the state and its municipalities have a wide discretion in resorting to
that power for the purpose of preserving public health, safety, and morals, or abating
public nuisances. State v Crabtree Co., 1944. 218 Mimi 36, 15 N.W.2d 98.
2. Sale to minors
Proprietor of establishment accepts the responsibility under subd. 2 of this section when
he places or permits cigarette vending machines in his establishment regardless of
whether the person was aware that minors might purchase by and through the machine.
Op.Atty.Gen., 829c-2 Dec. 13, 1966.
2
325.E07. CIGARETTE VENDING MACHINES,NOTICE RELATING TO SALES
Subdivision 1. In a conspicuous place on each cigarette vending machine in use
within the state, there shall be posted, and kept in easily legible form and repair, by the
owner, lessee, or person having control thereof, a warning to persons under 18 years of
age which shall be printed in bold type letters each of which shall be at least one-half
inch high and which shall read as follows:
"Any Person Under 18 Years of Age is Forbidden By Law To Purchase
Cigarettes From This Machine."
Subd. 2. Any owner, any lessee, and any person having control of any cigarette
vending machine which does not bear the warning required by this section shall be
guilty of a misdemeanor.
History: 1963 c 545 s 1
DISTRIBUTION OF TOBACCO PRODUCTS
325F.76 Definitions.
Subdivision 1. Terms. For the purposes of section 325F.76 to 325F.78, the terms
defined in this section have the meanings given them.
Subd. 2. Chewing tobacco. "Chewing tobacco" means loose tobacco or a flat
compressed cake of tobacco that is inserted into the mouth.
Subd. 3. Distribute. "Distribute" means to give products to the general public
at no cost or at nominal cost for product promotional purposes.
Subd. 4. Package. "Package" means a pack, box, or container of any kind in
which a smokeless tobacco product is offered for sale, sold, or otherwise distributed.
Subd. 5. Person. "Person" means any individual, partnership, corporation, or
other business or legal entity.
Subd. 6. Smokeless tobacco. "Smokeless tobacco" means chewing tobacco or
tobacco snuff.
Subd. 7. Tobacco snuff. "Tobacco snuff" means a small amount of shredded,
powdered, or pulverized tobacco that may be inhaled through the nostrils, chewed, or
held in the mouth of an individual user.
History: 1986 c 352 s 1
325F.77 PROMOTIONAL DISTRIBUTION
Subdivision 1. [Repealed, 1987 c 399 s 5]
Subd.2. [Repealed, 1987 c 399 s 5]
Subd.3. Legislative intent. Because the state prohibits both the use of tobacco
products by minors and the furnishing of tobacco products to minors, and because the
enforcement of an age-related restriction on the promotional distribution of tobacco
products is impractical and ineffective, it is the intent of the legislature to control the
distribution of these products and discourage illegal activity by prohibiting all
promotional distribution, except as allowed in this section.
Subd. 4. Prohibition. No person shall distribute smokeless tobacco products or
cigarettes, cigars, pipe tobacco, or other tobacco products suitable for smoking, except
that single serving samples of tobacco may be distributed in tobacco stores. 3
609.681 UNLAWFUL SMOKING
A person is guilty of a misdemeanor if the person intentionally smokes in a
building, area, or common carrier in which "no smoking" notices have been prominently
posted, or when requested not to by the operator of the common carrier.
Laws 1989,c 5, 10, eff. Aug 1, 1989
Sec.44. Minnesota Statutes 1993 Supplement, section 609.685, subd.3 is
amended to read:
Subd.3 [Petty Misdemeanor.] Whoever possesses, smokes, chews, or otherwise
ingests, purchases, or attempts to purchase tobacco or tobacco related devices and is
under the age of 18 years is guilty of a petty misdemeanor. This subdivision does not
apply to a person under the age of 18 years who purchases or attempts to purchase
tobacco or tobacco related devices while under the direct supervision of a responsible
adult for training, education, research, or enforcement purposes.
340A.503 PROOF OF AGE
Subdivision 6. Proof of age; defense. (a) Proof of age for purchasing or
consuming alcoholic beverages may be established only by one of the following:
(1) a valid driver's license or identification card issued by Minnesota, another
state, or a province of Canada, and including the photograph and date of birth of the
licensed person;
(2) a valid military identification card issued by the United States Department of
Defense; or
(3) in the case of a foreign national, from a nation other than Canada, by a valid
passport.
(b) In a prosecution under subdivision 2, clause (1), it is a defense for the
defendant to prove by a preponderance of the evidence that the defendant reasonably
and in good faith relied upon representations of proof of age authorized in paragraph (a)
in selling, bartering, furnishing, or giving the alcoholic beverage.
History: 1993 c 347 s 21; 1993 c 350 s 13
4
Assisting Community Act's Minnesota
for a Tobacco-Free En 0%
ir Sl sr
Citizen Action: What you can : .
prevent youth access
The following activities may be used as ways to educate and organize the
community.These are not stand-alone activities, but they can be used as a
component to a larger tobacco policy change project. Specific policy
actions are listed below, in the second section of this handout.
Activities
Monitor tobacco sales to minors.
This is done by conducting youth purchase attempts, or "compliance checks."This
is a good community organizing project which helps to identify the problem in
local terms. It can be done in a positive manner so that neither the clerk who sold
nor the merchant is identified (For information about compliance checks, contact
the Minnesota ASSIST Project at 612/623-5356).
Testify at city council meetings.
Youth and adults can participate by offering testimony to city councils about youth
access.Young people can bring an especially powerful message by explaining their
participation and the results of local compliance checks.
Conduct a youth campaign to ask merchants not to sell to minors and post
youth designed signs.
This is another potential community organizing activity. Youth are attractive to
local media and can be used to help deliver a message to the community about the
urgency to stop merchants from selling tobacco to children.
Encourage merchants to eliminate tobacco from their stores.
While we would encourage all merchants to eliminate addictive, deadly products
from their stores, it is an especially positive move for pharmacies. Pharmacists are
in the health care profession and to sell a product that kills when used as directed is
in direct conflict with the basic tenets of the profession.
Educate merchants about youth access and age-of-sale laws.
Merchant education alone is ineffective and must be accompanied by regular
monitoring of compliance with the tobacco age-of-sale law.This activity can be
useful to inform merchants about the gravity of youth access to tobacco, provide
information about the age-of-sale law, and encourage merchants to join the
community in supporting stricter enforcement. While initially merchants may
show some interest in addressing youth access issues, typically they become
organized by the tobacco industry and work against the very policy that would
reduce access and deal with the merchants who do sell.
Page 1 of 2- Citizen Action to Prevent Youth Access
Provide positive PR for those merchants who don't sell tobacco to minors.
By recognizing those merchants who don't sell tobacco to children, you show that
you are interested in working with them. In addition, most merchants are
appreciative of some positive, free advertising!This strategy may also serve as an
organizing theme by alerting the community that there are other merchants who
do sell tobacco to children.
Policy Actions
Coalitions and community members may work toward implementing the following
policies through local ordinances.
Eliminate self-service of tobacco. Restrict tobacco sales to behind-the-counter
only.
By requiring clerk-assisted sales of tobacco, theft may be reduced.This policy may
also serve as a reminder to the clerk to check IDs and discourage youth from
attempting to buy tobacco.
Eliminate vending machines.
Younger children are most likely to use vending machines as a source of tobacco
because it is a less intimidating way to purchase the product than by facing a clerk.'
Alternatives, such as locking devices and requiring the machines to be placed in the
view of an employee, do not work. Restrictions on vending machines are widely
supported, and adults should not feel any inconvenience by purchasing tobacco
from a clerk.
Increase (or implement) tobacco license fees to support routine compliance
checks of all tobacco vendors.
The only way to ensure compliance with the age-of-sale law is to implement an on-
going compliance check program. Education alone does not work. Communities
should charge tobacco license fees in amounts that will fund compliance checks.
Civil penalties, including fines and tobacco license suspension or revocation,
should be imposed upon merchants who sell tobacco to minors.'
Restrict tobacco sales to carton-only.
This policy is a good way to help reduce youth access to tobacco because youth
generally do not have the disposable income available to pay for a whole carton of
cigarettes.
Restrict types of outlets and reduce numbers.
Communities can more easily monitor compliance with the tobacco age-of-sale law
by restricting the types and the numbers of tobacco outlets.
REFERENCES
1. Response Research,Inc.Study of Teenage Cigarette Smoking and Purchase Behavior.Chicago,IL,June/July 1989.
2. Lynch BS, Bonnie RJ,eds. Growing Up Tobacco Free:Preventing Nicotine Addiction in Children and Youths.Washington, DC:
National Academy Press, 1994.
Page 2 of 2- Citizen Action to Prevent Youth Access January 1995
Assisting Community Acti,, a `� Minnesota
for a Tobacco-Free En
51ST
Resources on Preventing Youth Access
Minnesota ASSIST Project Stop Teenage Addiction to Tobacco (STAT)
Contact: Beth Ronning, Field Director Contact:Jim Bergland, Executive Director
Minnesota Department of Health 121 Lyman Street, Suite 210
717 S.E. Delaware Street Springfield, MA 01103
P.O. Box 9441 Phone: 413/732-7828 Fax: 413/732-4219
Minneapolis, MN 55440 SCAT (Student Coalition Against Tobacco)
Phone: 612/623-5356 Fax: 612/623-5775 Contact: David P. Dubner, Chairman
Association for Nonsmokers- Minnesota (ANSR) P.O. Box 5995
Contact:Jeanne Weigum Washington, D.C. 20016
2395 University Avenue West, Suite 310 Phone: 202/828-3093 or 413/732-7828 (at the
St. Paul, MN 55114-1512 STAT office)
Phone: 612/646-3005 Fax: 612/646-0142 SCAT, through its youth membership, promotes
ANSR has many years of experience in public tobacco-free generations and counteracts the
policy related to tobacco.The organization focuses immoral actions of the tobacco industry.
on youth access and clean indoor air. Tobacco Access Law News
KICK BUTTS Program Contact:Joseph R. DiFranza
Contact: Carrie Olson 47 Ashby State Road
420 North 5th Street, Suite 525 Fitchburg, MA 01420
Minneapolis, MN 55401 Phone: 508/343-3041 Fax: 508/348-0786
Phone: 612/338-8193 Fax: 612/338-8382 Up-to-date summary of legislative efforts around
KICK BUTTS is a coalition of Minnesota teens youth access at the national, state and local level.
united to work on tobacco issues that effect youth. Published every 2 to 3 months and is free of
Teens and leaders involved in the program attend charge.
the day-long training session, hold regular
meetings to implement their local policy strategies,
do media campaigns and gather support to protect
kids from tobacco.
Minnesota
\--1Z
51ST
Community Action for a Tobacco-Free Environment
Page 4,April 29, 1995, Savage PACER
0 11111 11-111-1
..„4„,:,.. „,,,,,.,, .,,....,:,,. .:,:::,,,g,..:.:.. -:.!':;*::.2.1`',,4''''.1.''''''' :-W34:,.:z;'. :,.; ;,;.0.totw,,e,;,:t,"-o.Km
Editorial
City's proactive
positions appreciated
Keeping tobacco-related products out of the hands (and mouths) of minors
and preventing sexually-oriented businesses from locating near residential neigh-
borhoods,churches,schools and parks are noble goals,and the City of Savage is
showing foresight in designing ordinances to help achieve them.
Monday night the City Council is expected to approve an ordinance that will
make it more difficult for minors to purchase tobacco-related products within
this community. Although cigarette vending machines will not be banned, the
ordinance is very explicit about where they can be located and who can operate
them. In addition, the ordinance calls for the licensing of businesses that sell
cigarettes, and holds business owners and/or managers, not just employees,
responsible if cigarettes are illegally sold to minors. Even though that provision
in the ordinance may seem harsh,it will certainly provide incentive to business
owners and managers to require employees to"card"customers who want to buy
tobacco-related products.
Statistics indicate that 71 percent of those adults who currently smoke every
day started smoking by age 18, during the years when they were easily influ-
enced by peer and advertising pressures. Most of those same adults wish now
that they had never started.
The powerful effects of nicotine take hold very quickly.Approximately 63 per-
cent of teenagers who smoke consider themselves to be addicted. Statistics pro-
vided by Minnesota Assist, a group which is working for a tobacco-free environ-
ment, indicate that 70 percent of teenagers who smoke regret that they ever
started, 64 percent have tried to quit, and 49 percent have tried to quit within
the last six months.
Now they are locked in that struggle, a struggle we as a community can help
other youth avoid if we make tobacco products inaccessible to kids. The City of
Savage is on the right track with its proposed ordinance.
It is also being proactive in amending the Savage Zoning Ordinance to make
it less desirable for sexually-oriented businesses to locate here. While it may be
constitutionally impossible to ban them altogether,as many people would like to
do, it is appropriate to establish zoning regulations that will prevent them from
moving into areas near residential neighborhoods,churches,schools,parks,and
even other commercial businesses.
We recently heard about the sexually-oriented business that moved into a
m commercial location, near a church and school, in Hopkins. That city's((77y11 ordi-
nance,which was already on the books when the business moved in,aided local AMERICAN
officials in their efforts to shut it down.
6 12/623-5304 Savage needs a similar ordinance on the books, before it is faced with a sim- 612/925-2772
ilar case.The proposed ordinances could prevent a lot of problems in the future.
Claire Robling
�a.va9 e. Pam c
Uhci1 ado is stricter
Minneso tobacco -ordinance
51ST p
An ordinance designed to hibits anyone under 18 from
make it more difficult for any- selling tobacco products and
one under age 18 to purchase holds business owners and
Community Acton for a Tobacco-Free Environment one
products in Savage was managers, not just employees,
unanimously approved Monday accountable if illegal sales are
night by the Savage City Coun- made to minors.Access to vend-
cil. ing machines, which are a corn-
The ordinance expands on a . mon source of cigarettes for mi-
state statute which makes it il- nors, will also be restricted.
legal to sell or furnish a minor Julie Woodruff, who coordi-
with tobacco products. nates the Minnesota River Val-
The ordinance, which will ley Tobacco Compliance Coali-
take effect upon publication in tion, a group that strongly sup-
the city's legal newspaper, re- ported the proposed ordinance,
quires any business which sells said she was pleased the City
cigarettes, including those that Council adopted an ordinance
have vending machines,to be li- that her group believes will make
censed by the city. The license it extremely difficult for minors
fee will be$100 to cover the cost to purchase tobacco products in
of enforcing the new ordinance. Savage.
The new ordinance also pro-
PC1a, 1485- 60-tick.ge- P0.ce.c'
Ordinance applauded
To the Editor: ful health effects from tobacco are well
Congratulations'to the Savage City documented.It is also well known that
Council on the action it took on April the majority of those who choose to
17 to protect the current and future smoke began to do so as a minor. The
health of our children.Thanks to Coun- Savage ordinance says that the com-
cilmembers,the City will soon strength- munity is willing to take additional
en the application in Savage of a state steps to ensure that the intent of the
law which makes it illegal to sell tobac- law is realized - that the current and
co to minors.In spite of the current law, future health of our children is a prior-
the youth of the area do not find it dif- ity.
ficult to purchase tobacco in Savage. Last weeks Savage Pacer featured
The City ordinance the council plans activities being conducted in the Prior
to adopt will require vendors of tobac- Lake-Savage School District with regard
co products to obtain a license to do to Values Week.One of the values which
so, similar to what is required of ven- was being highlighted in the district is
dors of alcohol products. that of courage. Many students ex-
Alcohol vendors who are found guilty pressed their views on the importance
of illegally selling products to minors of courage as a value;that courage in-
are subject to consequences for their volves standing up for what you believe.
actions. The message behind having a Thankfully, the Savage City Council
similar ordinance for tobacco vendors displayed its courage by taking a stand
is that the Savage community believes in support of the health and well-being
in the state law,that minors should not of the community's children.
be using tobacco products. The harm- Patrick Stieg
Savage
iliMERICAN
Minnesota ASSIST•c/o Minnesota Department of Health
SOCIETY
612/623-5304 717 S.E.Delaware St.. P.O.Box 9441 .Minneapolis,MN 55440 6I2/925-2772
ANSR MINN FAX 612-646-0142 FACE �G
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 10 OF THE
CEANHA88EN CITY CODE BY ADDING PROVISIONS
REGULATING THE BALE OF TOBACCO PRODUCTS
The City Council of the City of Chzzhassen ordains:
Section 1. chapter 10, Article III of the Chanhassen City
Code is amended by adding Section 10-128 to read as follows:
Sac. 10-128. Self-service Merchandising of Tobacco
Products Prohibited.
(a) Le islative Findin s and Intent. The Chanhassen City
Council finds and declares that:
(1) The Surgeon General has determined that cigarette
smoking is dangerous to human health;
(2) The National Institute on Drug Abuse found that
cigarette smoking precedes and may be predictive of
adolescent illicit drug use;
(3) Open display makes tobacco products easier to
shoplift and therefore more accessible to persons under age
eighteen (18) .
(4) The enactment of this ordinance directly pertains
to and is in furtherance of the health, safet
welfare of the residents of the City, y• lyd hoseral
particularl
residents under eighteen (18 y those
years of age.
III, (b) fDefinitions.worFord thehPurpose of Chapter 10, Article
lloascribed to them in this Section; es shall have the meanings
"Tobacco Products" means any substance containing tobacco
leaf, including but not limited to, cigarettes, cigars, pipe
tobacco, snuff, chewing tobacco, and cigarette
wrappers. papers or
ata "Self-service Merchandising" means a method of dis 1
tobacco
products P eying
intervention of an employee,p�blic has access to without the-
(c) Self-Service Merchandising Prohibited. It shall be
unlawful for any person to offer for sale any tobacco product by
means of self-service merchandising.
(d) Sale of Tobacco Products by Minors Prohibited. It
shall be unlawful for any person under eighteen (18) years of age
to sell tobacco products.
(e) 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_
(f) Appeal .
(1) 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.
(2) 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.
(g) 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 2. This ordinance shall be effective upon its
passage and publication on , 1990.
PASSED AND ADOPTED by the City Council of the City of
Chanhassen this day of , 1991.
-2-
Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
(published in the Chanhassen Villager on , 1991. )
i
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FINER MINN FAX 612-646-0142 PAGE 05
No. 0- 94 -09
CITY OF FALCON HEIGHTS
ORDINANCE
Date : 8/3/9_
lei ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER S
OP THE CITY CODE RELATING TO TOBACCO PRODUCTS
D. Tobacco t'elatec: 'rc_c` s
1 . L_ccrse Required . No person shall keep for
retail sale, sell at retail or otherwise dispose
of any tobacco product as defined in this
ordinance at any place in the city without a
license . Application for a license should be
made to the city clerk on a form supplied by the
city . upon filing of thc2 application and oay:nent
of the required fe- ar ..tipulated in Section 5-
5 . 01
-
5 . 01 of this code, the application shall be
presented to the city council for consideration .
2 . DefiniUi.o s :
a. "Tobacco related Product" means
cigarettes, cigars, cheroots, stogies ,
perique, granulated, plug cut , crimp cut ,
ready, rubbed and other E.noking tobacco;
snuff , snuff flower, cavendish, plug and
twist tobacco, fine cut and other chewing
tobaccos ; shorts, refuse scrips, clippings,
cuttings, and sweepings of tobacco prepared
in such manner as to be suitable for
chewing, sniffing or smoking in a pipe,
rolling paper or other tobacco related
devices .
b . "Self service merchandising" means open
display of tobacco products that the public
has acce5:: a to, without the' intervention of an
employee .
c . "Individually packaged" means any
package conta ii ina only one individually
wrapped item. Included are single packs of
cigarette:. , s_nyie bags of tobacco for •
rolling, individual cans of tobacco for
chewing or sz iffing, Not packaged packs of
cigarettes or similar packages containing
RIVER MINN FAX 612-646-0142 PAGE ar
Page 2
multiple cans or rout-a.ir,ers of tobacco suitable
for smoking, chewing or sniffing.
3 . License Shall Pe Ci:-?1-
p avid. Every license
shall
be kept conspicuously posted in the
pl
for which the license is issued and shall be6ce
exhibited to any person upon request .
4 . License Rf.stri c`.ions . A license shall be
issued subject to t T,,:• following restrictions :
a . No license shal i be issued to any a lca
tor the sale of tobacco related products att
a
place other than her/his established place of y
business .
b. No license shall be issued for the sale of
tobacco related produ::ts ,.,t a movable place of
business .
c . No License shall be issued for the sale of
tobacco related pro(.uc-s at more than one place
of business.
d. No person shal.l seal or. dispense any tobacco
pT'oduct through the use of a vending machine .
e . person shall offer for sale any
individually packaged tobacco product by means of
self-service merchandising. •
f . Every licensee shall be responsible for the
conduct of its employees while on the licensed
premises and any sale or other disposition of
tobacco products by an employee to a person under
18 years of ace shall be considered an act of the
licensee for purpose;; of .;.mposing an
administrative fine, license suspension, or
revocation.
5 . 'Tobacco Related P,:oducts
Noperson shall Sales to Minors .
cel]. a tobacco related product to
any person under eight cen years of age . Any
person convicted of violating this section shall
pay a fine of $25 fol- the first violation payable
to the court . Any person convicted of violating
this section twice within a 12 month period shall
pay a fine not to exceed $100 payable to the
court . Any person convicted of violating this
section more than twi - within a 12 month period
shall he guilty of a rr.isdeweanor.
ANSR MINN FAX 612-646-0142 PAGE 06
H<_IL,-Lr=it:.4 1=..L,_ rr.Lri'i r-HL.._u ' nC,un. , . ., --`- _
;, Page 3
A6 .1. Administrative hFinestruoenons ont, torchRdevotco aat
ion.
-10
.�
tobacco product -license shall becaause
for a
�, suspension or revocation of such license pursuant to
the provisions of Section 5-1 . 02B of the Falcon
HeighLs Municipal Code. The first violation shall
result in a fine of $200 tQ J e. license holder payable
to the city. Failure tc; pay within thirty days from
the date of the invoice shall result in a two day
license suspension . A second violation within 12
months shall result in a fine of $500 payable to the
city and result in a 5 day liven:=e suspension .
Failure to pay the fine within 30 days from the date
of the invoice shall result in a 10 day license
suspension . A third violation within 12 months or for
II sales during a license suspension or reN.'ccatio- shall
C result in a license r.evoc:ation. Licensees whose
licenses have been revoked mz,y not be eligible for •
another tobacco product license for up to one year
from the date of license revocation . The city council
may attach reasonable conditions to the reinstatement
of a suspended or revoked license including the
condition that the licensee and/or the licensee ' s
employees complete , at licensee' s expense, a training
is program, approved by the city administrator, which
includes instruction on appropriate procedures for
determining the age of customers and the effects of
tobacco usage .
7 . Exception . A person under. eighteen (18) years of
age who purchases or attempts to purchase tobacco-
related products while under the direct supervision of
a responsible adult for L:r.ai nine, education, research
or enforcement purposes shall not be subject to the
penalties imposed by Subdivision 1 . 03 (D) of this code .
Moved by: Jacobs Approv :.i by : /4.173-47 , -C._%!-Z___
Mayor.
BALDWIN 4 In Favor _ August 3 , 1994
GEHRZ Date .
GIBSON TALBOT (absent)
HUSTAD 0 Against
JACOBS . Attest c-.6 by : CLK.Q---O-) C)-2a-D- --O-Th''Th
Ass' t Administrator.
AuQuEt 3 , 1994
Date
LA
HOLMES & GRAVEN
CHARTERED
Attorneys at Law
470 Pillsbury Center,Minneapolis,Minnesota 53402
ROBERT A.ALSOP (612)337.9300 JAMES M.STROMMEN
RONALD H.BATTY JAMES J.THOMSON,JR.
STEPHEN J.BUBUL Facsimile(612)337-9310 LARRY M.WERTHEIM
JOHN B.DEAN BONNIE L.WQ.KINS
MARY G.DOBBINS GARY P.WINTER
STEFANIE N.GALEY JOE Y.YANG
Comm A.HEINE
JAMES S.HOLMES WRITER'S DIRECT DIAL DAVID L.GRAVEN(1929-1991)
DAVID J.KENNEDY
JOHN R.LARSON OF COUNSENSEL
CHARLES L.LEFEVERE ROBERT C. LEON
JOHN M.I EFEYRE JR 337-9233 ROBERT L.DAVIDSON
ROBERT J.LINDALL WELLINGTON H.LAW
ROBERT C.LONG T.JAY SALMEN
MEMORANDUM
TO: SRA City Managers/Administrators,
Delegates and Alternates
FROM: Holmes & Graven, Chartered
SRA Counsel
DATE: May 1, 1995
RE: Proposed SRA 1996 Budget
Attached is the proposed 1996 SRA Budget recommended by the SRA
Board for approval by the City Council of each SRA Member. This
process will be completed at the July 19, 1995 SRA Quarterly
Meeting when the SRA Board votes to finally approve an SRA 1996
Budget .
We urge you to review this information carefully and discuss it
with your Mayor and Council . We intend that the material attached
to the budget will answer some of the questions the Council may
have regarding recent activities of the SRA and the anticipated
issues underlying the budget items .
Thank you for your attention to this matter .
JMS :cam
Attachments
JMS3%295
SU160-3
April 19, 1995
1996 Suburban Rate Authority Proposed Budget
1995
Assets:
Cash and Investments (12/31/94) $25,076
Receivables (1995 assessments) 64,800
Interest Income (estimate as of 12/31/95) 2,000
TOTAL $91-
Anticipated 1995 Expenses:
1994 and 1995 Minnegasco Cases
legal $4,000
expert 1,000
1995 NSP Electric and Gas Matters
legal 6,000
expert 3,000
Legislative Matters 10,000
Local Calling Area Investigation 4,000
Electric and Gas Franchise Matters 5,000
Legislative Study of Franchises 14,000
General (fees and disbursements) 18,000
TOTAL ($65,000)
Reserve at December 31, 1995: $26_
1996
Assets:
Carryover from 1995 $26,876
Membership Assessment ($400 per vote) 64,800
Interest Income (estimate as of 12/31/95) 2,000
TOTAL $9_
Anticipated 1996 Expenses:
Minnegasco legal $ 7,000
expert 3,000
NSP legal 10,000
expert 4,000
Telephone- legal 8,000
expert 1,000
Legislative Matters 9,000
General Matters (fees and disbursements) 18,000
($60,000).
Reserve at December 31, 1996: $3_
JMS68238
SU160-3
SUBURBAN RATE AUTHORITY ANNUAL REVIEW 1994
The following is a brief summary intended for the city councils of Suburban Rate Authority("SRA")member
cities. It highlights the major activities and achievements of the SRA during 1994. The SRA is a joint
powers association of 32 Twin Cities suburban municipalities that monitors rates and rate design issues of
electric, gas, telephone utilities and Metropolitan Council Wastewater Services. The SRA was very active
and successful in several far-reaching issues affecting member city ratepayers and Minnesota cities generally.
Telecommunications Legislation
In the fall of 1994, the SRA Board authorized counsel to participate in legislative issues affecting cities
relating to the alternative telephone regulation bill (local service de-regulation) then expected to be offered
in the 1995 legislative session. The SRA assisted the lobbying efforts of the League of Minnesota Cities in
two important issues relating to that legislation: clarifying and broadening the police power of cities in the
new competitive environment for a local telephone service and addressing cities rights to compensation for
telecommunications utility use of public property. As of the date of this report, those SRA supported issues
have been incorporated into the bill which passed out of both the Senate and House Committees and is being
debated in the legislature at the time of this Review. The Department of Public Service will be authorized
by this bill to issue a comprehensive report by February 15, 1996 recommending a uniform state policy on
franchise fees for use of public property by utilities. Currently no telecommunications companies to pay
franchise fees to Minnesota cities and the law is unclear regarding the rights of cities to require fees over and
above regulatory cost. The SRA advocated a clarification on this issue and actively assisted in the inclusion
of this study, in lieu of the right to require franchise fees in the current bill. The SRA will be actively
involved in the DPS study if this bill passes.
Model Telecommunications Permit Ordinance
The SRA also drafted a model telecommunications permit ordinance to establish uniform requirements
regarding important issues to cities in the new competitive telecommunications environment: permit fees,
location and relocation requirements, repair requirements,performance bonds,Gopher State One information
and other provisions. The telephone deregulation bill language broadening city police power would further
ensure the enforceability of these telecommunications permit ordinances. The Minnesota League of Cities
has requested that the model permit ordinance be used as a basis for the League's model ordinance for
distribution to its members.
Minnegasco 1994 Rate Case
The SRA won a significant victory for residential ratepayers served by Minnegasco in limiting
increases in the fixed customer service charge Minnegasco sought. In 1993 Minnegasco won a 67% increase
(from $3 to $5) in a fixed non-usage based customer charge for its residential customers. This increase was
augmented by the elimination of a credit for gas usage. In the 1994 filing, Minnegasco sought again to
increase its $5 charge to $6, stating that it intended to continue these increases in subsequent rate filings.
The SRA was the sole party to criticize this increase as contrary to conservation goals established by the
legislature and otherwise unsupported by evidence in the record. The DPS supported the increase. The PUC
agreed with the SRA and denied Minnegasco's increase, citing conservation concerns and lack of customer
acceptance. This PUC decision has ramifications for both gas and electric utilities and places a greater burden
on the utilities in future rate filings to justify an increase in non-usage based charges.
JMS87296
SU160-3
1995-96 SRA Projects & Anticipated Projects
To assist in the 1996 SRA Budget review process,the following is information describing the types of issues
the SRA is currently addressing and those in which we believe the SRA will be involved to protect residential
business, and city government ratepayers of SRA members. Given the quantity of important issues, it is
possible that the SRA will be required to focus only on two of three of these issues to stay within its budget
constraints. These matters are in addition to the General budget item that usually carries the largest
component of any SRA annual budget. The General category includes quarterly meetings,member and non-
member communications and on-going identification of new issues that may arise.
1. UTILITY FRANCHISE FEE LEGISLATIVE STUDY. Assuming passage of the telephone
deregulation bill as it currently reads, the SRA will play an active and important role in the DPS study of
franchise fees in gas, electric, telephone and cable services in Minnesota. This issue is clearly of great
importance to SRA members and to all Minnesota cities. It will provide a forum for cities to make their case
for the discretionary right to charge franchise fees for use of public property by telecommunication utilities.
2. GAS - ELECTRIC RATE INCREASES. It is anticipated that Minnegasco will file for a
general rate increase later in 1995. The SRA will intervene and monitor issues that may affect SRA cities,
specifically including the residential customer service charge which the SRA succeeded in limiting in the
1994 Minnegasco case. It is not known at this time whether NSP will seek a general rate increase in 1995.
Historically, NSP has sought general rate increases every two years and has not filed since 1993.
3. LOCAL TELEPHONE CALLING AREA INVESTIGATION. The 1994 legislature
authorized a PUC investigation of local telephone calling area policy in Minnesota. The PUC commenced
this investigation in 1994 and hearings will be held in the fall of 1995. The SRA's dual interest in these
proceedings is to maintain the existing uniform calling rate across the metro area and to ensure the scope of
toll free metro calling, which is the largest in the United States. There is no proposal thus far presented that
would jeopardize either of those SRA concerns. The primary focus of this proceeding is to establish the size
of out-state toll-free calling area and policies.
4. GAS-ELECTRIC MODEL FRANCHISE. Several SRA cities are negotiating with NSP for
new franchise agreements. The increasingly deregulated gas and electric service environment creates a need
for review of the previously approved SRA model franchises. The SRA will review the need for revisions
to its model ordinance to better assist SRA members in negotiating new franchise agreements.
5. LONG-TERM ELECTRIC SERVICE CONTRACTS. Cities collectively comprise a
significant electric load for municipal services such as street lighting and municipal pumping. The
increasingly deregulated environment raises new issues regarding the source of energy and city ability to
negotiate discounted long-term rates in exchange for commitment to electric energy. The SRA is exploring
this issue as it may benefit SRA cities.
JMS87296
SU160-3
MINUTES OF THE QUARTERLY
MEETING OF THE
SUBURBAN RATE AUTHORITY
May 1, 1995
Pursuant to due call and notice, the quarterly meeting of the
Suburban Rate Authority was held at Benchwarmer Bob' s in the City
of Burnsville, Minnesota, on Wednesday, April 19, 1995, commencing
at 6 : 30 p.m.
1. CALL TO ORDER: The meeting was called to order by Vice
Chair Bill Craig.
2. ROLL CALL:
Bloomington Jim Gates
Alisa Heintzman
Burnsville Craig Ebeling
Charlie Krichton
Circle Pines Jim Keinath
Edina John Wallin
Fridley John Flora
Hastings Dave Osberg
Hopkins Jim Gessele
Lauderdale Paul Robinson
Minnetonka Geralyn Barone
Minnetrista Todd Bennett
Osseo Vern Dehmer
St . Louis Park Mark Felton
Shakopee Mike Beard
West St . Paul Bill Craig
Also present were SRA legal counsel James Strommen and Dave
Kennedy of Holmes & Graven. It was determined that a quorum of the
votes of the Suburban Rate Authority was represented at the
meeting.
3 . APPROVAL OF MINUTES: Upon motion by Mr. Krichton and
seconded by Mr. Gates, the minutes from the January 18, 1995 annual
meeting were approved.
4. REPORT OF TREASURER: Mr. Wallin distributed the SRA
financial statement as of March 31, 1995 . (Report attached) . Mr.
Beard moved that the Treasurer' s report be accepted and Mr. Gates
seconded the motion, which carried unanimously.
5. MINNEGASCO RATE CASE: Mr. Strommen reported that the PUC
had formally affirmed its decision in the 1994 Minnegasco rate
case. This included affirming the SRA position regarding limita-
tions on the residential customer service charge of $5 per month.
The overall increase granted to Minnegasco was 1 . 1% . This will
result in a modest credit for most Minnegasco customers because the
PUC had allowed an interim rate increase of 2 . 3% pending its final
JMS87408 1
SU160-3
decision. Individual rate classes and service areas may vary
slightly because of previous rate differences . Minnegasco is
expected to petition the PUC for another rate increase later in
1995 .
6. LOCAL TELEPHONE CALLING AREA INVESTIGATION: Mr. Strommen
reported that the PUC investigation regarding local telephone
calling areas in Minnesota is proceeding. Hearings are scheduled
to begin in the fall of 1995 for plans that have been proposed by
the various telephone companies . There is no indication at this
point that either the uniform rates paid by SRA city residential
and business customers of US West or the size of the toll free
calling area is being challenged.
7 . TELECOMMUNICATIONS PERMIT ORDINANCE: Mr. Strommen
reported that the League of Minnesota Cities has received the SRA
model permit ordinance and was intending to use it as a basis for
distribution to Minnesota cities . The Board suggested that the
communication by the League acknowledge the SRA efforts in
preparation of the ordinance and describe the purpose of the SRA to
cities . A member of the Board noted that his city had been
contacted by representatives of the cable television regulators and
urged to wait for a permit that was in the process of being
prepared by the cable television regulators . SRA counsel was
directed to obtain information on it . Mr. Strommen reported that
the telephone de-regulation bill is likely to be passed by the
legislature and will broaden police powers of cities .
8. TELEPHONE DEREGULATION LEGISLATION: Mr. Strommen
reported that the two SRA provisions sought by the SRA have been
included in the telephone deregulation bill and appear to be headed
for passage: broadened police power language and the legislative
study on franchise fees for report to the legislature by February
15, 1996 . The SRA worked through the League of Minnesota Cities
and with the sponsoring Department of Public Service on these
issues . Mr. Strommen reported that a bill in this session
including the right to compensation (franchise fees) from telephone
companies would not have passed and would not have been signed by
the governor if it had passed. The study allows the cities (and
utilities) to make their cases regarding franchise fees . Municipal
cable regulators also advanced a number of related issues on
compensation and use of the public right-of-way. The new issues
created by telephone deregulation and convergence of telephone and
cable technology create a number of important issues for cities to
address . The legislative study, if it becomes law, will afford
opportunity for such review.
To assist in the above process, it was moved by Mr. Keinath
and seconded by Mr. Wallin that the following resolutions be
passed:
RESOLVED, that it is in the best interest of SRA members
to provide information regarding and to advocate the right of
cities to continue franchise agreements or negotiate new
franchise agreements, with the right to charge fees, for gas,
JMS87408
SU160-3 2
electric and telecommunications utilities . Accordingly, each
SRA city public works director and city manager should provide
information to SRA counsel information regarding current and
anticipated use of public property by such utilities, fran-
chise fee requirements, if any, use of such franchise reve-
nues, if any; and potential use of franchise fee revenues in
city development .
RESOLVED, such information should be provided by Mav 31
to SRA counsel, or as soon thereafter as possible, to allow
for maximum impact on the DPS legislative study.
The motion carried unanimously.
9 . GAS AND ELECTRIC FRANCHISE RENEGOTIATION - SRA MODEL
FRANCHISES: Mr. Strommen reported that four SRA cities were in the
process of negotiating new electric franchises with NSP. NSP has
proposed a number of additional provisions relating to NSP' s
concern for an increasingly deregulated electric energy environ-
ment . Provisions included are, e.g. , limits on franchise fee
percentages by class, franchise fee waivers when large customers
threaten to leave and uniform franchise fee provisions regarding
alternative energy providers . It was agreed that the SRA model
franchise in both gas and electric should be reviewed and possibly
modified to address issues developing in these regulatory environ-
ments .
Mr. Osberg brought the following motion which was seconded by
Mr. Robinson:
RESOLVED, that the SRA review and modify its model gas
and electric franchises to address issues affected by the
increasingly deregulated environment in the delivery of gas
and electric power to SRA member end users .
RESOLVED, that in the interest of providing maximum
assistance to SRA cities, some of which have franchises
expiring in 1995, the proposed modifications should be
promptly prepared, considered and approved at the July 19,
1995 Board meeting, if possible.
RESOLVED, that to assist SRA staff in this process,
counsel is authorized and directed to retain such expert (s) as
counsel deems reasonably necessary to advise the SRA on
concerns relating to franchise fee formulas, or other issues
as necessary. Such expert fees shall not exceed $2 , 500 . 00 .
RESOLVED, that SRA counsel is authorized to provide
assistance to SRA members negotiating new franchises to the
extent such assistance relates to SRA model franchise provi-
sions and issues arising from those provisions .
JMS87408
SU160-3
10 . LONG-TERM ELECTRIC CONTRACTS: Mr. Craig reported on a
financing company that has approached West St . Paul and other
cities regarding the possibility of financing long-term energy
contracts with NSP. The contracts would involve the municipal
electric load (street lighting, municipal pumping, city buildings)
and involve prepayment of the municipal obligation to NSP, at a
discount . The cities would repay the financing entity over time
and commit to obtain electricity from NSP over a long term. The
financing group is in the process of obtaining an opinion of
counsel regarding the feasibility of such a transaction, including
among other issues, the tax exempt status of the bonds that would
be sold by the financing company to raise capital . Mr. Strommen
reported that he had contacted the Department of Public Service on
the general concept of such long term contracts . The DPS reported
that such contracts were subject to PUC approval where the issue of
discriminatory rates, among others, would be explored. Mr. Kennedy
noted that there were also issues regarding the statutory authority
of cities to enter into such loans and the potential applicability
of competitive bidding requirements for the energy sources .
The Board agreed that this concept had significant potential
for reducing rates and should be investigated further. Ms .
Heintzman moved that the following resolutions be adopted, Mr.
Beard seconded the motion:
RESOLVED, that the Board authorizes the formation of a
committee for the purpose of studying the feasibility and
benefit to SRA cities of negotiating long-term electric supply
contracts with NSP for the municipal electric load; and that
the committee report its findings to the Board at the July 19
meeting;
RESOLVED, that if such contracts are feasible, it may be
in the best interest of SRA cities to negotiate such a long-
term contracts collectively; accordingly, the Board recommends
that each SRA city refrain from individual negotiation during
the time the SRA committee is studying the matter; and that
the SRA delegates communicate this recommendation to SRA
member city councils;
The motion carried unanimously. The committee was formed to
review the feasibility of the described contracts . The members are
Mr. Craig, Mr. Keinath, Mr. Bennett and Gary Brown of Brooklyn
Park.
11. 1996 PROPOSED BUDGET: Mr. Strommen discussed the
anticipated 1995 expenses and 1996 budget based on current and
projected expenses . He pointed out that the anticipated expenses
and proposed budget may be conservative in light of the many issues
of importance currently being considered. Mr. Dehmer moved that
the Board recommend the proposed 1996 budget, as modified by
adjustments in the receivables, the motion was seconded by Mr.
Wallin and passed unanimously. (Proposed Budget attached) .
JMS87408
SU160-3 4
The Board is now directed to take this budget to the SRA
member city councils for their review. Final approval of the 1996
budget will be at the July 19 meeting. The proposed 1996 budget
will be accompanied by a summary of SRA activities and accomplish-
ments of 1994 and anticipated 1995 and 1996 projects to be
distributed to city council members . (See summaries) .
12. LOCATION OF NEXT MEETING: Mr. Beard offered to arrange
for the July meeting to be held in Shakopee.
13 . CLAIMS: Mr. Wallin circulated the bill from Holmes &
Graven totalling $15, 019 . 51, plus a carryover of $1, 587 . 63 from the
final three months of 1994, unpaid at the January meeting. Mr.
Keinath moved to accept the claims and Mr. Flora seconded the
motion which passed unanimously.
14. ADJOURNMENT: At 8 :45 p.m. the meeting adjourned.
Attest :
Chairman Secretary
Attachments:
Proposed 1996 Budget and SRA Annual Review
Statement of Financial Condition - March 31, 1995
JMS87408
SU160-3 5
SUBURBAN RATE AUTHORITY
ANALYSIS OF CHANGE IN CASH BALANCE
FOR THE THREE MONTHS ENDED MARCH 31, 1995
1995 1994
Balance at January 1 $ 25,075.69 $ 12,785.64
Additions:
Interest income $ 39.31 $ 20.29
Insurance rebate 0.00 88.00
Special Assessments -See
attached schedule 0.00 32,812.50
Total Additions $ 39.31 $ 32,920.79
$ 25,115.00 $ 45,706.43
Deductions:
Holmes & Graven - services $ 14,988.25 $ 6,862.00
Holmes & Graven - costs 1,099.38 802.74
Amount not paid in January (1,587.63) 0.00
Chesapeake Regulatory - services 1,430.00 1,210.00
Chesapeake Regulatory - costs 4.00 113.30
Dinner-guests 38.00 52.50
Total Deductions $ 15,972.00 $ 9,040.54
Balance at December 31 $ 9,143.00 $ 36,665.89
Note A:
The breakdown of legal and expert fees and costs:
General $ 3,125.31 $ 3,750.38
Northwestern Bell 0.00 0.00
U S West 580.35 2,163.05
NSP -Gas & Electric 0.00 2,082.96
Minnegasco 3,497.99 991.65
Legislative telecommunication 9,159.48 0.00
Franchises 256.50 0.00
Telecommunications permits 902.00
NSP Resource Plan 0.00 0.00
Total Legal and Expert $ 17,521.63 $ 8,988.04
SUBURBAN RATE AUTHORITY
STATUS OF ASSESSMENTS RECEIVABLE
As of March 31, 1995
BALANCE
VOTES ASSESSMENT PAID DUE
Bloomington 18 $ 7200.00 $ 0.00 $ 7200.00
Brooklyn Park 12 4800.00 0.00 4800.00
Burnsville 11 4400.00 0.00 4400.00
Circle Pines 1 400.00 0.00 400.00
Columbia Heights 4 1600.00 0.00 1600.00
Deephaven 1 400.00 0.00 400.00
Eden Prairie 8 3200.00 0.00 3200.00
Edina 10 4000.00 0.00 4000.00
Fridley 6 2400.00 0.00 2400.00
Greenwood 1 400.00 0.00 400.00
Hastings 4 1600.00 0.00 1600.00
Hopkins 4 1600.00 0.00 1600.00
Lauderdale 1 400.00 0.00 400.00
Maple Plain 1 400.00 0.00 400.00
Maplewood 7 2800.00 0.00 2800.00
Minnetonka 10 4000.00 0.00 4000.00
Minnetrista 1 400.00 0.00 400.00
New Brighton 5 2000.00 0.00 2000.00
North St. Paul 3 1200.00 0.00 1200.00
Orono 2 800.00 0.00 800.00
Osseo 1 400.00 0.00 400.00
Plymouth 11 4400.00 0.00 4400.00
Robbinsdale 3 1200.00 0.00 1200.00
Roseville 7 2800.00 0.00 2800.00
Savage 2 800.00 0.00 800.00
Shakopee 3 1200.00 0.00 1200.00
Shoreview 5 2000.00 0.00 2000.00
Spring Park 1 400.00 0.00 400.00
St. Louis Park 9 3600.00 0.00 3600.00
Wayzata 1 400.00 0.00 400.00
West St. Paul 4 1600.00 0.00 1600.00
Woodbury 5 2000.00 0.00 2000.00
0.00
162 $ 64800.00 $ 0.00 $ 64800.00
5'
MEMO TO: Honorable Mayor and Council
FROM: Dennis R. Kraft, City Administrator
RE: 1996 Budget Discussion
DATE: May 24, 1995
The City Council has scheduled the first budget discussion for this Committee of the
Whole meeting. As of the date of writing this letter we still do not have information as to
what the Legislature has done relative to levy freezes, levy limits or other constraints that
might be placed on the City for 1996. We do know that residential property values will
be increased across the board 6%for tax year 1996.
I would like to suggest that the City Council discuss service levels that they would like to
see provided in 1996, including whether current service levels are adequate or whether
they should be increased or decreased. With the anticipated completion of the new Civic
Center by the beginning of 1996 there will be financial implications related to the
operation of this facility.
As Council members are aware,the 1995 Legislature discussed a possible levy freeze for
1996 and a levy limit in the amount of 3%for 1997. At this time we do not know
whether that will become law,however it is quite apparent that there are a number of
Legislators who would like to place additional financial constraints on cities. I believe it
would be relevant for the City Council to determine whether they want to take any
actions in an attempt to minimize the impact of the imposition of levy limits or tax levy
freezes.
We anticipate that the Capital Improvement Program will be sent to the City Council
during later half of June. There will also most likely be general fund operating
implications related to projects in the Capital Improvement Program.
If any Council member would like other items brought up for this discussion please
contact me prior to the Committee of the Whole meeting on Tuesday the 30th. A
reminder, Monday, May 29th is a City holiday.