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HomeMy WebLinkAboutUntitled CITY OF OAK PARK HEIGHTS 14168 N. 57th Street •Box 2007 •Oak Park Heights,MN 55082 •Phone: (612) 439-4439 • FAX 439-0574 May 17, 1996 To: Cigarette License Holders From: Judy Hoist, Deputy Clerk/Finance Director Re: Tobacco Ordinance On Wednesday,May 22, 1996 at 6:00 p.m.,the City of Oak Park Heights will hold a workshop for the purpose of discussing a tobacco ordinance. If you have any questions, comments or concerns, please attend the workshop. Tree City U.S.A. OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, JANUARY 13, 1998 4 :30 WORKSHOP Call to Order: The meeting was called to order at 4 :31 p.m. by Mayor Schaaf . Present : Councilmembers Beaudet, Robert, Swenson, and Turnquist . Staff Present : Interim Administrator Holst, Police Chief Swanson, Public Works Director Benson, City Engineer Anderlik, and Administrative Intern Mesko Arrived late: City Attorney Vierling. I. Department Reports 1 . Police a. Chief Swanson said that the Police Department conducted twelve tobacco compliance checks in December and had only one violator. b. Swanson also said that the first phase of the Safe and Sober program has been completed and there were eight DWI ' s issued. He said that the police have seen a higher alcohol concentration lately, but he does not know the reasons why it has recently increased. There was discussion about the steps that police departments can take to punish offenders . Swanson said that a new law that went into effect January 1 allows for the confiscation of drivers licenses and vehicles under certain circumstances . c. The Chief also reported that the State Patrol has requested Oak Park Heights ' assistance with a one day saturation project during Lumberjack Days this July. The City will be reimbursed for its overtime expenses. Swanson said that he would notify Council of the exact date when he finds out. d. Swanson requested authorization to purchase a new squad car and to connect to the Washington County computer/records system. The items are on the Consent Agenda for approval . He said that the police have been using each car for approximately three years, with 100, 000 miles on the vehicle. Swanson also said that the connection to Washington County' s system will increase the quality and efficiency of the officers. e. Mayor Schaaf had asked Swanson about the status of the Washington County radio system. Swanson said that he understands that the County will wait until 2002 at the earliest to make a decision. This is based on the assumption that information will develop which will make the project more feasible. Swanson recommended that the Council consider planning for this in their upcoming Capital Improvement Budgets. f. Schaaf also asked about the winter parking ban. Swanson said that very few tickets have been issued; the police are warning residents before ticketing them. Enclosure 3 • • December 19, 1997 Minnesota SISI Dear Mayor Schaaf: Community Action for a Tobacco Free Environment Cigarettes cause more deaths than AIDS, alcohol, car crashes,fires, illegal drugs, murders and suicides combined. And our kids are smoking more than ever. Please join us and other metro-area mayors as we make a New Year's Resolution to keep tobacco out of the hands of our youth. It's a great way to start the new year, and sends a wonderful message that by working together, we can keep our kids tobacco free. Twin Cities media will be invited to this event to garner further attention to the problem of youth smoking and how we can prevent it. Join us Monday,January 5 at 10:00 for a brief presentation on the Minnesota law restricting youth access to tobacco which went into effect August 1, 1997. This presentation will be followed by adoption of a New Year's Resolution stating our intentions to work together in our local communities to keep tobacco from the hands of our youth, and we'll sign a pledge stating the same. DATE: Monday,January 5 TIME:' 10:00 - 10:30 a.m. IR © El 1:1W13 1i l DEC 22S97 PLACE: Hennepin County Government Center Atrium i 300 South 6th Street,Minneapolis Public Service Level (Skyway Level) Here in Minnesota, it's estimated than one-third of the 40%of high school seniors who smoke will die from tobacco-related illnesses. To help raise awareness of the problem of teenage smoking, and to encourage communities to join together to keep kids tobacco free,the Minnesota Department of Health has developed a toolkit for parents, community leaders, retailers and others to address the problem of teen smoking. This toolkit will be unveiled for the first time at this media event. The toolkit provides information on several laws which can help our communities prevent tobacco sales to minors. It also includes other activities that communities can do to keep tobacco out of the hands of our kids. We must all work together, doing our part so kids don't start. Please RSVP to the Minnesota Department of Health ASSIST Project at 623-5272. Thank you for your dedication to ensuring a brighter, healthier future for our children. Sharon Sayles-Belton " : Jean Harris Coral Houle Rob Fendler Mayor, Minneapolis Mayor, Eden Prairie Mayor, Bloomington Mayor, Savage Minnesota /a1�l1ERIClAN DetmentR of parHealth SOCIETY' Minnesota Division,Inc. 612-623-5006 Minnesota ASSIST Project • Minnesota Department of Health 612-925-2772 TDD 612-623-5522 717 SE Delaware Street •PO Box 9441 • Minneapolis, MN 55440-9441 1-800-582-5152 • • Agenda Doing Our Part So Kids Don't Start Campaign Kickoff January 5, 1997 I Welcome(2 minutes) Sharon Sayles-Belton Mayor, Minneapolis II Defining the problem(5 minutes) Statistics on underage tobacco use in Minnesota, morbidity and mortality statistics on tobacco use, costs to the state for tobacco-related illnesses. A comprehensive approach is needed to reduce the problem. One key element of such an approach is to prevent youth access to tobacco. The"Doing Our Part So Kids Don't Start" campaign focuses on this one strategy. Jean Harris Mayor, Eden Prairie III Explaining the campaign(3 minutes) Doing our part so kids don't start—we all have a role when it comes to keeping tobacco out of the hands of our kids. This campaign features a free toolkit produced by the Minnesota Department of Health and the American Cancer Society, Minnesota Division which gives community members ideas on how to do their part so kids don't start using tobacco. Mayor's role—it's crucial that communities take a strong stand and that community leaders send the message that the new state law will be upheld in the community. Part of the strength in the state law is that it provides for and encourages communities to adopt local ordinances which can be tailored to the community's needs. Coral Houle Mayor, Bloomington • • IV What one community has done to provide strong measures to keep tobacco out of the hands of kids. (3 minutes) Rob Fendler Mayor, Savage V Short closing statement,thank all participants, administer the resolution to the mayors. (3 minutes) Anne Barry Commissioner, Department of Health NOTE: Commissioner Barry will administer the resolution to the mayors,mayors will repeat the resolution and then go up to sign an enlarged copy of the resolution. RESOLUTION • I resolve to lead my community in its efforts to keep tobacco out of the hands of our children,to let my community know that I take the issue of underage tobacco use seriously, and will not tolerate a casual attitude toward the problem. I invite all others in my community to join me in these efforts, so that together we can build a tobacco-free community for our children. In 1998, I resolve to do my part so kids don't start. • 7vr COCA i'Vjt ( (v\eev\-6 e 6711/1/ ,516{e ►tet yka p` - c (_ s✓\ Prs (.-. -f (f2_ 9+, c trd r(' /4141 a e c&vectiAs f fife coif et -Q o ird u5 rcFf crGts, J „ r „��P���� wCA- s Obi`v\ pvol-ed- 1 c' � �` ��vP r kokkre m 5 e _ of wou l -orf- -- tAs->e_ coC 1 PU•per- I�'ti t,&' rt c-mss ivlo, 1 b► �s COA CP/E/ 11 1`.4-0 ^^ eviy107.e.es ,ivtio o(r ` :)p'o S I; hkki-e- 04 /5"-- empires 1,4\0 ca vot sell ��'�Doc O v' t a-F-P uC f-3 6,71-\ e, 0( 11 gr) 5.7c11 t/ucc(e,- LI 5C-I'\°C) -'-r1/1( 5 C e7Cf-€.) 010 V1AC) 0(S 0410 A'IPM-LS tr 141-e 0 062Vt(‘`-55, Cet td • ____. _---- -------��� -- Gok ---- c- ja icelfiles.--- 1?%��= ------����_-� ot-e" .-- iv\ tea Ove (7 + (.4S f c'6 r`'.-� HfJd' o pykol ,ff=Ltz 1 _ • 0 6 r Ae ( 21 k`o A o Pa /6" _c1-11: 1( e� �1 CL 1, ).-c) aiV'€_ 6-e -� CaliedC 2O — / O 71-;‘,1-, esj gip- 6 �: cicy- i . ,t--1( t voictT c)-- 5v cc-icy- ct NeJ /'-f-5 v07 54 orf 7`�% v►ny C fvt� «� Pfi . •-t-ec{,,\--,_ ot,40' ;A/11- eviA, res Lit (4- 0 G7 L.11---(\4=....5 / �v-e_ C..el'i, /tt--.% c, - . LA- ot-vtok ! ('` e -I-ko_ ,ciLite,.' ( `--n 1..! c--ecov\51jew-- c-i--C\ 5 f0y-fiNbl'\ 1(4-• rA- e--- . Oral v`ot ok("---Q ckv.d A01--- efrk.7- L,tetot evck3 ,e_, I en) o/y-ees odd bock. SP/vc c , ?e. i "A- C wl-Pr-sL� Al( I CAO 'v t ' ell k'vi 5 7Ao P/4 I 1, 1C)Ir-S li q not cfv. re7 ci c'44:01( -1---c) 9 i\ ifk 04---c- I,c-_, v. i'-/-- Cse-e cA_ -filel%q:J__) - 1. ThOk(0<- VC)(1 . 'PO tr 7.0(/) { 41 * 1--`c ';.a'\i4 e'-'4 v_ 5 1.‘k -fl ( 3 mot f ` r 7 1 ji +, _ _ - - _ _b ftV\‘I om , RfVAJ' `re I. _ �_�_- _�� _ _mss it iI ii II I 1 1,11 110 ADDENDUM TO SNYDER'S CASHIER POLICY The sale of cigarettes to minors is against the law in accordance with Minnesota Statute 609.685 as follows: Whoever sells tobacco to a person under the age of 18 years is guilty of a gross misdemeanor. This individual could be fined up to $3000 and up to one year in jail. Snyder Drug requires its employees to check I.D. on any customer purchasing cigarettes who appears under 25 years of age. Any employee caught selling tobacco to a minor will receive a written warning. The second offense will result in termination. This is in addition to the penalties which could be imposed by the state. As of July 24, 1996,. it is illegal for a minor (anyone under 18) to sell cigarettes in the City of Oak Park Heights. Employee Signature Date 1-c;gaad.#75 Y ' smoking forces fought the toba Big tobacco and big corn C questitn i interests to a tie last year, Last year, Humphrey thought he have used the disclosure as evi- ran into evidence of this type of • deuce that monied interests are '"front" lobbying on both the to- creating intricate lobbying I bacco and ethanol issues. corporate role `fronts" to put a pretty face on In both cases, his nemesis was baser motives. Briant, who helped put together "It was a shock to discover that the "responsible retailers" group • • it wasn't convenience stores, drug concerned about the tobacco-sales In grass-roots stores or grocery stores,but it wasbill, and Minnesotans for a Fuel j1 really R.J. Reynolds and Philip ,,Alternative, formed to challenge Morris," Entenza said. "It's basi- the statewide requirement that • cally misleading," said Attorney ethanol be mixed into all grades of 1oIbTirigonGenertHumphrIII, 1 gasoline.whose crusades against tobacco Under current law, such coali- and in favor of ethanol ran into �� tion, must file forms and list their nearly identical lobbying tactics lobbyists, but do not have to re- JIM RAGSDALE STAFF WRITER last year. He hopes to propose I port specifically where their fund- changes in lobbyist reporting laws ! ing cpmes from. The expense of a 'n the heat of battle over restric- 1h 11TA this year to open up such relation- ! full-court'lobbying effort could ships to public scrutiny. easily be borne by a silent corpo- tions on tobacco sales to minors "Everybody has a right to peti- " last year, legislators saw their g rate partner while the "grass- tion tion their government," Humphrey roots, groups carried the message. mailboxes fill up with messages w said. "But at the same time, you That is what Humphrey suspects from retailers who did not like thehappened last year — big tobacco some- waythe new law was headed. shouldn't be trying to put thing over, to pull the wool over was leading the charge from the awmakers take such Com- ' ` sidelines on the smoking bill, and ' their eyes." plaints seriously. The Minnesota n Briant sees the lobbying efforts Coalition of Responsible Retailers, Amoco Oil, which wanted to sell one lobbying group opposing the �ii1:1 I differently. While corporate inter- an ethanol-free premium grade of bill, sounded like the sort of people ests were involved in both the to- gasoline, was doing the same on they should listen to — conve- bacco and ethanol fights, he said, the ethanol mandate. nience store-owners, grocers and VOICES the other members of the coali- Briant would not disclose where other small businesses who would tions were acting in their own self- the money was coming from for "Everybody interest. either group. He said tobacco in- Then the tobacco fax hit the has a right to have to live under any new laws. "I think these groups would ! terests and Amoco played roles in Capitol. petition their have, on their own, still supported funding each group, but both coali- Rep. Matt Entenza, DFL-St. government. legislation for ethanol-free gaso- itions included diverse groups who Paul, stood up on the House floor But at the line, or would have opposed re- happened to agree with the corpo- and read into the record a faxed same time, strictive tobacco legislation," he rate sugar daddies. memo from Thomas Briant, an You shouldn't said. "Their livelihood is at stake. At hearings on the bills, most of Edina attorney who heads the trying to Many successful lobbying ef- the testimony came from these coalition. The recipients of his P something forts involve broad coalitions, and grass-roots members of the coali- memo included tobacco companies over,to pull it is common for a coalition to put tion —retailers opposing the ciga- as well as retail groups, and Bri- the wool over forward what they believe is their rette sales restrictions, and the their eyes." most attractive interest group. snowmobilers and classic-car en- ant's description of his activities y Man lobbying andpublic rela- suggested that big tobacco was HUBERT y y g thusiasts opposing the ethanol re- using retailers to fight cigarette HUMPHREY iii tions firms go to great lengths to striction. Humphrey believes this show that their position has was misleading. sales restrictions in local communi- GEN ATTORNEY ; "grass-roots" support back home. "When the headline reads, 'Min- Despite GENERAL "Increasingly, the challenge for nesota Coalition for Fuel Choice Despite Briant's denials, the fax organizations is to demonstrate combats Minnesota corn-growers,' allowed tobacco opponents to brand how it plays in the public interest, that says one thing to the public the coalition as a wholly owned subsidiary of big not just in their self-interest," said and the reader," Humphrey said. tobacco, even though retailers who opposed the bill John Himle, a former House mem- "If it was `Amoco combats corn- said they were doing so to protect their own inter- ber who heads a media relations growers,' that says something en- ests. firm. "We counsel clients, if the tirely different. Rallying around the" fax like a battle flag, anti- issue has broad-based support, you "It's real important not only LOBBY CONTINUED ON 6B ► ought to go out and get it. We that the public knows the funding counsel clients against trying to mechanism for some of these create sham organizations that do groups, but certainly even the leg- islators,"P/Np not exist but for one company or islators," he said. He recalled talk- 1 6 one organization." ing to legislators on his tobacco PR e f r,a 1-/q—9 7 bill and hearing all the complaints about the bill by the "responsible retailers." He would respond with the list from Briant's fax. "I said, `Do you know who they . "Amoco had a Contributing are?'" Humphrey said. "They'd ro " he said. "I can't go into the flay, `Well, they're business peo- of dollars." lint the •said • ale.' I'd say, `No no, no, no, take a ., , Tub/I-regulation bill � groups wanted an_ethanol- � took at who they are. Those are free requirement, and the group makes return appearance the tobacco companies.'" expanded to include the Minnesota A bill to license all tobacco ' In the same way that charities Street Rudders Association, the retailers in the state was intro- are not allowed to wrap a corn- Midwest Marina Association, the duced Thursdayin the House. ti ercial pitch in a charitable title, Midwest Drag Racing Team and The bill, sponsored by qumphrey said he believes lobby- the Northland Snowmobile Dealers p Rep. 7=.,ig groups should "have to dis- Ann Rest, DFL-New Hope, also Association. would require cities to conduct dose who they are and where The Minnesota Coalition of Re- 9 they're coming from." His staff is sponsible Retailing is still active, mreake surer cigarettes compliance checks to e- f cusing on a requirement that and will likely figure into a new make cigarettes are not be each group fully disclose its fund- battle this year over Humph"rey's 1 ing sold to minors. Both mer- g cigarette sales restrictions. chants and clerks would be sub- Eric Johnson, Humphrey's exec- "I'm not disputing that tobacco I pro to fines. The bill also would etive assistant, said these two companies are involved," Briant prohibit most self-service tobacco goups "were designed to look like said. But he denied that this is a sales. broad-based, grass-roots groups, tobacco "front" group, saying the The Senate passed a similar but they were not broad based. .. . Minnesota Grocers Association, bill last term, but the House /be tobacco lobby and Amoco Oil the Minnesota Wholesale Market- failed to hear it. Instead it debat- atid every special interest have a ers Association, the Minnesota Li- ed an industry-backed bill that tight to lobby the gC vernment, but censed Beverage Association and would have stopped local govern- fley shouldn't have a right to de- the Minnesota Retail Merchants ments from enacting their own ,aivo *ha nnhlin by hankrnllino Association are also members of controls on cigarette sales. That the coalition. "I report to the re- measure failed. Rest's bill would phony front groups." tailers and to other companies," allow more restrictive local rules. Doug Blanke, an assistant attor- he said. "That shouldn't be used to House Speaker Phil Carruthers my general who worked on the draw conclusions that this is some- is a cosponsor, an indication that ubacco bill, said, "The m.o. of the how a front." Rest's bill will be heard. tobacco industry is to identify peo- Jeanne Weigum, president of —Conrad deFiebre lie who have some common the Association for-Nonsmokers- $ 3 round with them, and put them i --i7-4 7 tot front." He calls it "buying in Minnesota, said she has seen tAlof r mcence by association." I Briant non un at local tobacco- o Ahs/`'e_ SfAr t',b DWG! LASHIO'aruuna-me stlite. She front or coalition? has thought that while local retail- Judy Cook of the Minnesota Re- , ers were carrying the message, ail Merchants Association was ;big tobacco was pulling the strings. She thinks the leaked /Art of the coalition opposing ; 'memo makes that clear. Himphrey s tobacco bill last year. "It really was pulling off the Sie said retailers wanted a single mask for me,"she said,expressing ;atewide standard for regulation amazement that she had been mis- o, sales to minors, rather than ; led for so long. "If it happened to, tmmunity-by-community regula- me, yo 'gotta know_ that it hap-! tin On. this issue, she said, her ` pene legislators." nwnbers agreed with tobacco lob- Osts. On others, they part ways. To take a fax list of all the vople who receive information d assume that any one party is 'i;1Zing the strings' is unfair to thee of us who have responsibly refesented our interests at the Otol," she said. "The reality of the legislative pocess is all about building coali- ti thtis;" she said. "When you're doling with legislation, you look atuand and see who would share a ecomon interest with you." Briant said Minnesotans for a Flet;Alternative, the anti-ethanol pup was formed three years ago adi is no longer active, having wn an exemption from the re- girement for small-engine own- ers. ••IPs • ::. T0bOCC0 .: 1. � .. .. • our ommun The FDA regulations constitute the single most powerful tool currently available to protect our children from the health dangers of tobacco and the insidious recruitment and marketing tactics of • the tobacco companies. The FDA regulations will reduce youth access to highly addictive tobacco products and . severely restrict tobacco advertising and promotional activities targeting children and adolescents. EFFECTIVE DATES OF REGULATIONS February 28, 1997: •Prohibit retailers from selling cigarettes or smokeless tobacco to persons under age 18. •Require retailers to check photographic ID's of purchasers 26 and younger for proof of age. August 28, 1997: •Eliminate free samples, the sale of single cigarettes and packages with fewer than 20 cigarettes. •Ban vending machines and self-service displays except in facilities where only adults are permitted, such as certain nightclubs totally inaccessible to persons under 18. •Ban outdoor advertising within 1,000 feet of schools and publicly-owned playgrounds. Permit black-and-white text-only advertising for all other outdoor advertising, including billboards, signs inside and outside of buses, and all point-of-sale advertising. • Prohibit sale or giveaway of products like caps or gym bags that carry cigarette.or:smokeless tobacco product brand names or logos. August 28, 1998: • Prohibit brand-name sponsorship of sporting (including teams and entries) or entertainment events, but permit it in the corporate name. • 410 , DAVE BEAL a Minnesota has become nome to a Tobacco lobby proves small army of tobacco lobbyists. Accord- ing to an article in the American Jour- to be drag on state nal of Public Health last August. this state had more tobacco lobbyists in 1994 //�� — 25 of them — than any other state. One day back inJudy Knapp, executive director of the my time as a Smoke-Free 2000 Coalition, notes that weekly newspaper _ _ ' ; the industry has built up an immense editor in Chicago's ti I database. Through coupons and various mob-infested west /. other promotions, tobacco companies suburbs, the term ..-- . -,...r. have identified their customers by spe- "fetcher bill" sudI. cific legislative districts. Using direct denly began mak- mail and phone calls, the companies' ing the rounds. STAFF COLUMNIST agents can alert smokers and organize i This was a color- them to oppose proposals adverse to theVIIII:iiiiiii ful term that industry's interests. described a basic. time-honored legisla- And, she adds. the paper trail that tive process in a fine. upstanding state. links lobbyists and legislators through A legislator would introduce a bill, political contributions is tough to track. adverse to a particular interest group. to "The industry." she says, "is very, "fetch" a well-heeled lobbyist. The lobby- very slick." Cirli ist, armed with a white envelope packed Jeanne Weigum. president of the Asso- with money, would make a beeline for ciation for Nonsmokers-Minnesota, says Springfield to deliver the envelope to the it's sometimes hard to identify today's legislator responsible for the bill. The tobacco lobbyists. legislator would accept the envelope, "There's a ton of lobbying done by then drop the bill. people who don't wear a tobacco hat." w The process is far more sophisticated she says. "We could not pass the Min- aa. in Minnesota. Yet now, thanks to the nesota Clean Indoor Air Act today x Twins stadium bill that would boost the because of the power of that lobby." w state cigarette tax by 10 cents a pack, Imagine all of this. in Minnesota. o we could soon see one of the state's Weigum recalls that this state was the I a most effective and elusive interest birthplace of the annual national smoke- a groups — the tobacco industry lobby — out; the first to require separate areas a hauled into the spotlight. for smoking in the workplace; the first ' f'-i_ /11.11111111 Many Minnesotans consider their state where a municipality (Roseville) z a pioneer in advocating anti-smoking required single packs to be placed I c regulations. Ironically, though. the tobac- behind retail counters; the first with a co lobby seems to be transforming Min- municipality (White Bear Lake) that nesota, of all places, into its own turf. banned cigarette sales from vending mid A few measures of the industry's ris- machines; the first with a major public ing clout here: arena (the Metrodome) that banned ■ Minnesota's tax of 38 cents a pack tobacco ads. of cigarettes ranked as the highest in the Credit the Twins' stadium proposal land from 1988 until 1991. according to with igniting a long-overdue debate 0111IMIW the Minnesota Revenue Department. about how and why Minnesota is fast Since then, the state has raised this to}: becoming the Land of Tens and Tens of by only a dime, while many Others have Thousands of Smokers. boosted their cigarette taxes far more. ' Now, Minnesota's tax has fallen to 10th 'highest. Dave Beal is senior business editor. His column • State figures also show that the appears on Sundays. Mondays and Fridays. state's effective tax rate on cigarettes is lower today than it was in 1971. 17 TH • State financing of tobacco education has fallen in Minnesota. giving the indus- JANUARY 1997 try's powerful marketers a free hand to FRll);l turn more and more Minnesota youths intl., smokers 111 Page 5 - Minutes 07/09/96 Unfinished Business George Vogt Resolution - Administrator Robertson reported that he has not received any comments regarding the proposed resolution. City Attorney Vierling cautioned the Council to consider past resolutions before passing a new resolution. Mayor O'Neal suggested tabling the issue to allow City Attorney Vierling and Administrator Robertson to review the past resolutions regarding the bridge. Councilmember Swenson, seconded by Kern, moved to table the issue so the Council and City staff has opportunity to review the past bridge resolutions . Carried 5-0 . St . Croix Valley Sports Facility - Administrator Robertson reported that he has not been contacted by any Oak Park Heights resident who is interested in being on the Sports Facility Board. City Attorney Vierling reported that the facility was originally going to be operated as a 501 . C.3 non-profit organization, but there is talk now of a Joint Powers Agreement . City Attorney Vierling cautioned the Council to be careful in selecting a representative when the Council does not know what type of organization they will be representing. Mayor O'Neal recommended appointing Councilmember Swenson to attend the meetings as a liason to the Sports Facility Board from Oak Park Heights. Councilmember Swenson, seconded by Schaaf, moved to appoint Councilmember Swenson as liaison for the Sports Facility Board, with City Attorney Vierling reviewing the legal and financial implications for the City. Carried 5-0 . New Business: Proposed Tobacco License Fees - Administrator Robertson stated that he was contacted by Walmart and Snyder Drug regarding the recently approved Ordinance Relating to the Sale of Tobacco Products. Walmart stated that they will have to install a separate counter for the sale of cigarette cartons and that they weren' t certain they could be installed before the deadline. Snyder Drug stated that the new ordinance will often require an adult be called to the counter for tobacco sales because they employ a lot of high school students during the nights and weekend hours. Council requested that Police Chief Swanson provide an estimate regarding the costs of conducting compliance checks before establishing license fees . Councilmember Swenson, seconded by Kern, moved to change the City tobacco products license fee to $30 . 00 effective January 1, 1997, with reconsideration after the first year. Carried 3-2 . Councilmember Robert and Schaaf opposing. S Page 4 - Minutes 06/24/96 Bridge Computer Animation - Councilmember Robert stated that MNDOT has developed a new computer animation of the proposed bridge. Consent Agenda: Approve Minutes - June 10, 1996 Set Public Hearing - Request for Kennel License - Debra Zahler Runk - 5525 O'Brien Avenue North - July 23 , 1996 Councilmember Swenson, seconded by Kern, moved to approve the Consent Agenda as presented. Carried 5-0 . Unfinished Business Brown's Creek Joint Powers Agreement Proposed Amendments - Councilmember Schaaf, seconded by Swenson, moved to approve the amendments to the Brown' s Creek Joint Powers Agreement . Carried 5-0 . Scenic Overlook - Councilmember Robert stated that MNDOT has proposed to open up the site lines at the scenic overlook, which would involve the removal of trees and brush. MNDOT is requesting the City maintain the area once the project is completed. Councilmember Robert will prepare a memo for the Council regarding this issue. Public Hearings: Public Hearing - An Ordinance Relati g to the Sale, Possession. and Use of Tobacco Related Devices in the City and to Reduce the Illegal Sale, Possession, and Use of Such Items by and to Minors - Mayor O'Neal opened the Public Hearing at 8 : 05 p.m. Administrator Robertson reported that notices of hearing were mailed to all businesses who have current tobacco licenses. City Attorney Vierling stated that the proposed ordinance would prohibit tobacco vending machines and would require that current self-serve sales of tobacco be located behind counters where employees would control access . Representatives from Holiday, SuperAmerica, Sprint, and Applebee ' s were present . None of the representatives from the businesses stated opposition to the proposed ordinance . Mayor O'Neal noted a letter received from M.G.M. Liquor Warehouse requesting an exemption for cigars . Councilmember Kern, seconded by Swenson, moved to close the Public Hearing at 8 : 15 p.m. Councilmember Schaaf, seconded by Swenson, moved to adopt Ordinance 96-1409-04 relating to the Sale, Possession and Use of Tobacco, Tobacco Products, Tobacco Related Devices in the City and to Reduce the Illegal Sale, Possession, and Use of Such Items by and to Minors . Carried 5-0 . s CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 96-208-05 AN ORDINANCE ESTABLISHING CHAPTER 208 PROVIDING FOR SYSTEMS AND PROCEDURES FOR THE PROCESSING OF ALLEGATIONS OF VIOLATIONS REGARDING CITY-ISSUED LICENSES AND PERMITS AND PROVIDING CIVIL REMEDIAL SANCTIONS FOR VIOLATIONS THEREOF The City Council of the City of Oak Park Heights does hereby ordain as follows : Sec. 208.010 Findings and Purpose. The City of Oak Park Heights regulates many types of activities . For many of these activities, the City issues licenses or permits . Licenses or permits are issued for those activities which have the most profound effect (or potential effect) upon the health, safety and welfare of the citizens . For example, licenses and permits are issued for bars and retail liquor establishments, junkyards, the sale of cigarettes, the operation of mining pits, and other special uses of property which require the City Council to be particularly aware of the activities being conducted. From time to time, the City is also called upon to determine if the holder of a license or a permit has violated the terms of that license or permit . Similarly, there are sometimes allegations that the license or permit holder has violated a statute, ordinance or rule which also regulates the proper operation of that activity. Current City Ordinances do not adequately establish a uniform procedure for the City to determine if a violation has occurred. Ordinances also do not adequately delineate what remedies are available to the City to insure that licenses and permits are properly followed in the future so as to adequately protect the health, safety and welfare of the City' s residents . This Ordinance is designed to establish a uniform method of determining whether or not violations have occurred. It is the intent of the City Council to establish a system which would provide fair and adequate notice to the permit/license holder of the alleged violation and a hearing before the City Council . The possible penalties which are provided for are designed to protect the public from future violations . Specifically, the sanctions should deter a violator from engaging in future violations and should serve as a warning to other individuals engaged in the same types of activities that the City Council will respond appropriately to proven violations . Sec. 208.020 Licenses and Permits. The terms of this Ordinance shall apply to all licenses and permits (of any kind) issued by the City of Oak Park Heights . Sec. 208 .030 Hearing Requirements. A. All hearings as envisioned within this Ordinance shall take place before the City Council at the City Council Chambers or at such other place as is convenient and proper, given the nature of the matter under consideration. B. None of the civil sanctions authorized herein shall be imposed by the City Council until the license/permit holder has been given an opportunity for a hearing before the City Council. C. Hearings shall be conducted in accordance with the provisions found within Minnesota' s Administrative Procedure Act (M.S. §14 . 57 to §14 . 69) . D. This Ordinance does not require the City of Oak Park Heights to conduct its hearing before an employee of the Office of Administrative Hearings. Rather, it is intended that hearings will take place before the City Council . Sec. 208 .040 Civil Sanctions. If the City Council finds that a license or permit holder has failed to comply with their license or permit, or has failed to comply with any applicable statute, rule or ordinance related to the operation of the activity for which a license or permit has been granted by the City, then the City Council may revoke the license or permit, suspend the license or permit for a period of up to sixty (60) days, impose a civil penalty of up to Two Thousand ($2, 000 . 00) Dollars for each violation, or impose any combination of these sanctions . Sec. 208.050 Payment of Fines. A. If the Council imposes a civil fine, the Council shall also allow the license/permit holder a reasonable time to pay the fine. A "reasonable time to pay" means that all fines shall be paid within sixty (60) days unless the Council determines that a longer period of time is justified under the circumstances of the case. B. Failure of a license/permit holder to pay a fine within sixty (60) days (or within the time otherwise allowed by the Council) shall cause that license or permit to become immediately suspended until full payment is received by the City Clerk. Sec. 208.060 Revocation or Suspension. Any license/permit holder who has had their license or permit suspended or revoked pursuant to any of the terms of this Ordinance, shall not be allowed to operate the activity which required the license or permit until the license or permit is reinstated. Any operation during a period of suspension or revocation shall be deemed to be an additional violation of the terms of the permit or license . Sec. 208 . 070 Constitutionality. If any portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Sec. 208 . 080 Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication, according to law. c;2WHEREUPON, said Ordinance was declared passed and adopted this -2-A1-,4 day of , 1996 . CITY OF OAK PARK HEIGHTS &Q.By a. 0...4k__ -r•ara O'Neal, Mayor Attest : richae Rob- tson, City Administrator 00k- S • MEMORANDUM TO: Mark FR: Greg DT: July 26, 1996 RE: Tobacco Ordinance _ I have reviewed the comments from the League of Minnesota Cities regarding the argument that a portion of the Ordinance, specifically Section 1100, Subd. 4, may open the City up to an argument of entrapment. Basically, that section allows a minor working for the City as part of a "compliance check" to misrepresent the person' s age. It is the position of the League of Minnesota Cities that this could result in a claim of entrapment against the City resulting in dismissal of the criminal charges. I personally disagree with the analysis by the League of Cities. Specifically, in order to show entrapment, the Defendant needs to show that the Cit a dcrime met The Defendant must merelymore than show to solicit the commission o something in the nature of persuasion, badgering or pressure by the state. See State v. Olkon, 299 N.W.2d 89 (Minn. 1980) . Another way of putting it is that the Defendant must prove that the officers have "lured" the Defendant into committing a crime that the Defendant was not otherwise predisposed to commit. what I am proposing is that the officers simply have available to them the ability to have a minor go into a store and ask for the purchase of a tobacco product. If the clerk asks for some identification and the minor states, "I have no I .D. , but I promise I am over the legal age, " that clerk cannot reasonably say that they relied upon objective proof of the minor' s age. That clerkuge son would take ill t hisubject to option away from the Police rosecution. The Department. ue' s suggest Similarly, it is always a defense to the sale of tobacco products to say that a clerk "reasonably" relied upon a form of identification. Consequently, if a minor comes into a store and requests tobacco products, and if that minor has a false identification that a person could "reasonably" believe was a true identification card, then that clerk would not face any liability. What I have in mind instead is that a minor who is very young (i.e. 13 or 14 years old) would come into a store with a false I .D. claiming to be much older. A cfor a minor who is quite k could not ab " rely ob iously upon that type of identification under the legal age . 200d Lot'ON Hd0 F WbId Mel 9830NO3 Zt:dt 96/9E/L0 a Y • 411 This is something we had discussed specifically before the City Council . If the tobacco vendors in the City of Oak Park Heights know that minors working for the police are never allowed to either misrepresent their age or present a false identification, then the tobacco vendors will never be caught in a compliance check. Simply stated, they will ask every person who is close in age for their identification and then never "reasonably" scrutinize the answer they receive. They will know Automatically that the person in question cannot be an undercover person for the City. Consequently, i believe it is best to leave open the possibility that an undercover minor may misrepresent their age or may use a false identification. If you have any other questions regarding this, please let me know. GGG:dmr 200d LOT'ON Hd0 F Wald Mtn 98313A03 ZS:VT 96/92/L0 F— losure G \ '' mominiimm mMnoli 1.1 I 111? ,1UL241996 145 University Avenue West League of Minnesota Cities St. Paul, MN 55103-2044 Michael Robertson City Administrator City of Oak Park Heights P.O. Box 2007 Oak Park Heights, MN 55082 Dear Mr. Robertson: A copy of your city's recently adopted tobacco ordinance, # 96-1409-04, was recently forwarded to me. I have reviewed this ordinance for possible inclusion as a sample ordinance in both my personal file on youth access and in the League's general files of sample ordinances. This ordinance is generally an excellent example, taking a very comprehensive approach to dealing with the issue of preventing youth access to tobacco. There is, however, one provision that raised an issue of concern I wanted to alert the city to in order to prevent problems in the enforcement of an otherwise good ordinance. Under Section 1409.110, subd.4, labeled "Use of False Identification", the city provides that it would not be an offense to use a false I.D. as part of a compliance check. While the city does not want to prosecute a minor for following the orders of an authorized city agent in the performance of a compliance check, the use of false identification should never be an authorized part of a compliance check. It is the League's recommendation that if a minor participating in a compliance check is asked for proof of age, he or she should admit to his or her true age. Any attempt on behalf of the city to misrepresent the age of the minor could result in charges of entrapment against the city resulting in the charges against the alleged violator being dismissed. Further, the use of false identifications will only serve to confuse clerks as to who does or does not appear to be over the age of eighteen and anger the business community. Thus, while the exception clause is appropriate in the rest of the Section, if it is left in subdivision 4, the city needs to be sure that anyone conducting a compliance check understands that intentional misrepresentation of age is not appropriate and is actually counterproductive to the purpose of conducting compliance checks. If there are any questions on this matter, please feel free to contact me. Sincerely, Kent Sulem Codification Attorney AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)281-1200 (800)925-1122 TDD(612)281-1290 Fax(612)281-1299 S 111 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. /pJ —!7 �/ AN ORDINANCE RELATING TO THE SALE, POSSESSION AND USE OF TOBACCO, TOBACCO PRODUCTS, TOBACCO RELATED DEVICES IN THE CITY AND TO REDUCE THE ILLEGAL SALE, POSSESSION, AND USE OF SUCH ITEMS TO AND BY MINORS The City Council of the City of Oak Park Heights does hereby ordain as follows : Section 100 . Purpose. Because the City recognizes that many persons under the age of eighteen (18) years purchase or otherwise obtain, possess and use tobacco, tobacco products and tobacco related devices, and because studies, which the City hereby accepts and adoptsl, have shown that most smokers begin smoking before they have reached the age of eighteen (18) years and that those persons who reach the age of eighteen (18) years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this Ordinance shall be intended to regulate the sale, possession, and use of tobacco, tobacco. products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Stat . §144 .391 . Section 200 . Definitions and Interpretations. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions . The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term "shall" means 1The City of Oak Park Heights has relied upon the following sources : Preventing Tobacco Use Among Young People, A Report of the Surgeon General; Youth Access to Tobacco - Summary Points, Youth and Elders Against Tobacco Use; Stillwater Area School District Cigarette Use Statistics; Youth Access to Tobacco, Minnesota Assist; Tobacco Sales to Youth and Nicotine Addiction in Adolescence, both by the Centers for Disease Control and Prevention. • • mandatory and the term "may" means permissive . The following terms shall have the definitions given to them: Subd. 1 . Tobacco or Tobacco Products . "Tobacco" or "Tobacco products" shall mean any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking. Subd. 2 . Tobacco Related Devices . "Tobacco related devices" shall mean any tobacco product as well as a pipe, rolling papers, or other device used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products . Subd. 3 . Self-Service Merchandising. "Self-Service Merchandising" shall mean open displays of tobacco, tobacco products, or tobacco related devices in any way where any person shall have access to the product without the assistance or intervention of an employee of the premises maintaining the self-service merchandising. Self-service merchandising shall not include vending machines. Subd. 4 . Vending Machine. "Vending Machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco related device. Subd. 5 . Individually packaged. "Individually packaged" shall mean the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall including, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged. Subd. 6 . Loosies . "Loosies" shall mean the common term used to refer to a single or individually packaged cigarette. 2 4 • Subd. 7 . Minor. "Minor" shall mean any natural person who has not yet reached the age of eighteen (18) years . Subd. 8 . Retail Establishment . "Retail Establishment" shall mean any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall including, but not be limited to, grocery stores, convenience stores, restaurants and bars . Subd. 9 . Moveable Place of Business . "Moveable Place of Business" shall refer to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions . Subd. 10 . Sale . A "sale" shall mean any transfer of goods for money, trade, barter or other consideration. Subd. 11 . Compliance Checks . "Compliance Checks" shall mean the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products and tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks may involve the use of minors as authorized by this Ordinance. Section 300 . License. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the City. Subd. 1 . Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant' s residential and business addresses and telephone numbers, the name of the business for which the license .is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the Council for action at its next regularly scheduled Council meeting. If the Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the action complete. Subd. 2 . Action. The Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the Council shall approve the license, the Clerk shall issue the 3 • license to the applicant . If the Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant' s right to appeal the Council' s decision. Subd. 3 . Term. All licenses issued under this Ordinance shall be valid for one calendar year from the date of issue. Subd. 4 . Revocation or Suspension. Any license issued under this Ordinance may be revoked or suspended as provided in the Violations and Penalties section of this Ordinance . Subd. 5 . Transfers . All licenses issued under this Ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any licenseo another location or person shall be valid without the prior approval of the Council. Subd. 6 . Moveable Place of Business . No license shall be issued to "a moveable place of business . Only fixed location businesses shall be eligible to be licensed under this Ordinance. • Subd. 7 . Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises . Subd. 8 . Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty (30) days but no more than sixty (60) days before the expiration of the current license. The issuance of a license issued under this Ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Section 400 . Fees. No license shall be issued under this Ordinance until the appropriate license fee shall be paid in full. Fees shall be set from time to time by the City Council by Resolution. Fees shall be divided into two (2) classes. A Class "A" Tobacco License shall be required for any retail establishment which sells tobacco, tobacco products, or tobacco related devices in cartons or other packaging containing more than a single pack or other container as described in Section 200, Subd. 5 . A Class "B" Tobacco License shall be required for any retail establishment selling only individually packaged tobacco or tobacco products wrapped individually for sale. 4 ! i Section 500 . Basis for Denial of License. The following shall be grounds for denying the issuance or renewal of a license under this Ordinance, and if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section. A. The applicant is under the age of eighteen (18) years . B. The applicant has been convicted within the past five (5) years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices. C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked, in the City . or at any other place, within the preceding twelve (12) months of the date of application. D. The applicant fails to provide any information required on the application, or provides false or misleading information. E. The applicant is prohibited by Federal, State or other local law, ordinance, or other regulation, from holding such a license. Section 600 . Prohibited Sales. It shall be a violation of this Ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: A. To any person under the age of eighteen (18) years . _B. By means of any type of vending machine. C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of a licensed premises in order to receive the tobacco, tobacco product, or tobacco related device . D. By means of "loosies" as defined in Section 200, Subd. 6 of this Ordinance . E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance except nicotine and not naturally found in tobacco or tobacco products . 5 411 4 F. By any other means or to any other person, prohibited by Federal, State or other local law, ordinance provision, or other regulation. Section 700 . Vending Machines . It shall be unlawful for any person licensed under this Ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine . Section 800 . Self-Service Sales. It shall be unlawful for a licensee under this Ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee' s employee. All tobacco, tobacco products, and tobacco related devices shall be stored behind a counter or other area not freely accessible to customers . Section 900 . • Responsibility. • All licensees under this Ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such a item by an employee shall also be considered a sale by the license holder, and each can be held responsible for any criminal and/or civil penalties imposed herein. Section 1000 . Compliance Checks and Inspections. All licensed premises shall be open to inspection by the City Police or other authorized City official during regular business hours . From time to time, but at least once per year, the City shall conduct compliance checks by engaging minors to enter the licensed premises to attempt to purchase tobacco, tobacco products, or tobacco related. devices . Minors used for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained as a part of the compliance check. Retail establishments possessing a Class A License shall be subject to at least two (2) compliance checks per year. Section 1100 . Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of this Ordinance. Subd. 1. Illegal Possession. It shall be a violation of this Ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device . This 6 i 4 subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. Subd. 2 . Illeaal Use . It shall be a violation of this Ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device . Subd. 3 . Illegal Procurement . It shall be a violation of this Ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this Ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall also be a violation of this Ordinance for any person to sell or otherwise provide any tobacco, tobacco product or tobacco related device to any minor, and it shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device . This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. Subd. 4 . Use of False Identification. It shall be a violation of this Ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. This subdivision shall not applv. to minors lawfully involved in a compliance check on behalf of the City. Section 1200. Violations and Penalties. Subd. 1. Criminal Penalty. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor. Each violation and every day in which a violation occurs or continues shall constitute a separate offense. Subd. 2 . Civil Penalty. The provisions of City of Oak Park Heights Civil Penalty Ordinance, Chapter .0?" , shall apply to any and all licenses issued hereunder. If a retail establishment has its tobacco license suspended pursuant to a hearing conducted under the City' s Civil Penalty Ordinance, that retail establishment shall, during the period of suspension, remove all tobacco, tobacco products and tobacco related devices away from public view. Section 1300 . Exceptions and Defenses. Nothing in this Ordinance shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as 7 CITY OF OAK PARK HEIGHTS 14168 N. 57th Street •Box 2007 •Oak Park Heights,MN 55082 •Phone: (612) 439-4439 • FAX 439-0574 May 17, 1996 To: Cigarette License Holders From: Judy Hoist, Deputy Clerk/Finance Director Re: Tobacco Ordinance On Wednesday,May 22, 1996 at 6:00 p.m.,the City of Oak Park Heights will hold a workshop for the purpose of discussing a tobacco ordinance. If you have any questions, comments or concerns, please attend the workshop. Tree City U.S.A. OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, JANUARY 13, 1998 4 :30 WORKSHOP Call to Order: The meeting was called to order at 4 :31 p.m. by Mayor Schaaf . Present : Councilmembers Beaudet, Robert, Swenson, and Turnquist . Staff Present : Interim Administrator Holst, Police Chief Swanson, Public Works Director Benson, City Engineer Anderlik, and Administrative Intern Mesko Arrived late: City Attorney Vierling. I. Department Reports 1 . Police a. Chief Swanson said that the Police Department conducted twelve tobacco compliance checks in December and had only one violator. b. Swanson also said that the first phase of the Safe and Sober program has been completed and there were eight DWI ' s issued. He said that the police have seen a higher alcohol concentration lately, but he does not know the reasons why it has recently increased. There was discussion about the steps that police departments can take to punish offenders . Swanson said that a new law that went into effect January 1 allows for the confiscation of drivers licenses and vehicles under certain circumstances . c. The Chief also reported that the State Patrol has requested Oak Park Heights ' assistance with a one day saturation project during Lumberjack Days this July. The City will be reimbursed for its overtime expenses. Swanson said that he would notify Council of the exact date when he finds out. d. Swanson requested authorization to purchase a new squad car and to connect to the Washington County computer/records system. The items are on the Consent Agenda for approval . He said that the police have been using each car for approximately three years, with 100, 000 miles on the vehicle. Swanson also said that the connection to Washington County' s system will increase the quality and efficiency of the officers. e. Mayor Schaaf had asked Swanson about the status of the Washington County radio system. Swanson said that he understands that the County will wait until 2002 at the earliest to make a decision. This is based on the assumption that information will develop which will make the project more feasible. Swanson recommended that the Council consider planning for this in their upcoming Capital Improvement Budgets. f. Schaaf also asked about the winter parking ban. Swanson said that very few tickets have been issued; the police are warning residents before ticketing them. Enclosure 3 • • December 19, 1997 Minnesota SISI Dear Mayor Schaaf: Community Action for a Tobacco Free Environment Cigarettes cause more deaths than AIDS, alcohol, car crashes,fires, illegal drugs, murders and suicides combined. And our kids are smoking more than ever. Please join us and other metro-area mayors as we make a New Year's Resolution to keep tobacco out of the hands of our youth. It's a great way to start the new year, and sends a wonderful message that by working together, we can keep our kids tobacco free. Twin Cities media will be invited to this event to garner further attention to the problem of youth smoking and how we can prevent it. Join us Monday,January 5 at 10:00 for a brief presentation on the Minnesota law restricting youth access to tobacco which went into effect August 1, 1997. This presentation will be followed by adoption of a New Year's Resolution stating our intentions to work together in our local communities to keep tobacco from the hands of our youth, and we'll sign a pledge stating the same. DATE: Monday,January 5 TIME:' 10:00 - 10:30 a.m. IR © El 1:1W13 1i l DEC 22S97 PLACE: Hennepin County Government Center Atrium i 300 South 6th Street,Minneapolis Public Service Level (Skyway Level) Here in Minnesota, it's estimated than one-third of the 40%of high school seniors who smoke will die from tobacco-related illnesses. To help raise awareness of the problem of teenage smoking, and to encourage communities to join together to keep kids tobacco free,the Minnesota Department of Health has developed a toolkit for parents, community leaders, retailers and others to address the problem of teen smoking. This toolkit will be unveiled for the first time at this media event. The toolkit provides information on several laws which can help our communities prevent tobacco sales to minors. It also includes other activities that communities can do to keep tobacco out of the hands of our kids. We must all work together, doing our part so kids don't start. Please RSVP to the Minnesota Department of Health ASSIST Project at 623-5272. Thank you for your dedication to ensuring a brighter, healthier future for our children. Sharon Sayles-Belton " : Jean Harris Coral Houle Rob Fendler Mayor, Minneapolis Mayor, Eden Prairie Mayor, Bloomington Mayor, Savage Minnesota /a1�l1ERIClAN DetmentR of parHealth SOCIETY' Minnesota Division,Inc. 612-623-5006 Minnesota ASSIST Project • Minnesota Department of Health 612-925-2772 TDD 612-623-5522 717 SE Delaware Street •PO Box 9441 • Minneapolis, MN 55440-9441 1-800-582-5152 • • Agenda Doing Our Part So Kids Don't Start Campaign Kickoff January 5, 1997 I Welcome(2 minutes) Sharon Sayles-Belton Mayor, Minneapolis II Defining the problem(5 minutes) Statistics on underage tobacco use in Minnesota, morbidity and mortality statistics on tobacco use, costs to the state for tobacco-related illnesses. A comprehensive approach is needed to reduce the problem. One key element of such an approach is to prevent youth access to tobacco. The"Doing Our Part So Kids Don't Start" campaign focuses on this one strategy. Jean Harris Mayor, Eden Prairie III Explaining the campaign(3 minutes) Doing our part so kids don't start—we all have a role when it comes to keeping tobacco out of the hands of our kids. This campaign features a free toolkit produced by the Minnesota Department of Health and the American Cancer Society, Minnesota Division which gives community members ideas on how to do their part so kids don't start using tobacco. Mayor's role—it's crucial that communities take a strong stand and that community leaders send the message that the new state law will be upheld in the community. Part of the strength in the state law is that it provides for and encourages communities to adopt local ordinances which can be tailored to the community's needs. Coral Houle Mayor, Bloomington • • IV What one community has done to provide strong measures to keep tobacco out of the hands of kids. (3 minutes) Rob Fendler Mayor, Savage V Short closing statement,thank all participants, administer the resolution to the mayors. (3 minutes) Anne Barry Commissioner, Department of Health NOTE: Commissioner Barry will administer the resolution to the mayors,mayors will repeat the resolution and then go up to sign an enlarged copy of the resolution. RESOLUTION • I resolve to lead my community in its efforts to keep tobacco out of the hands of our children,to let my community know that I take the issue of underage tobacco use seriously, and will not tolerate a casual attitude toward the problem. I invite all others in my community to join me in these efforts, so that together we can build a tobacco-free community for our children. In 1998, I resolve to do my part so kids don't start. • 7vr COCA i'Vjt ( (v\eev\-6 e 6711/1/ ,516{e ►tet yka p` - c (_ s✓\ Prs (.-. -f (f2_ 9+, c trd r(' /4141 a e c&vectiAs f fife coif et -Q o ird u5 rcFf crGts, J „ r „��P���� wCA- s Obi`v\ pvol-ed- 1 c' � �` ��vP r kokkre m 5 e _ of wou l -orf- -- tAs->e_ coC 1 PU•per- I�'ti t,&' rt c-mss ivlo, 1 b► �s COA CP/E/ 11 1`.4-0 ^^ eviy107.e.es ,ivtio o(r ` :)p'o S I; hkki-e- 04 /5"-- empires 1,4\0 ca vot sell ��'�Doc O v' t a-F-P uC f-3 6,71-\ e, 0( 11 gr) 5.7c11 t/ucc(e,- LI 5C-I'\°C) -'-r1/1( 5 C e7Cf-€.) 010 V1AC) 0(S 0410 A'IPM-LS tr 141-e 0 062Vt(‘`-55, Cet td • ____. _---- -------��� -- Gok ---- c- ja icelfiles.--- 1?%��= ------����_-� ot-e" .-- iv\ tea Ove (7 + (.4S f c'6 r`'.-� HfJd' o pykol ,ff=Ltz 1 _ • 0 6 r Ae ( 21 k`o A o Pa /6" _c1-11: 1( e� �1 CL 1, ).-c) aiV'€_ 6-e -� CaliedC 2O — / O 71-;‘,1-, esj gip- 6 �: cicy- i . ,t--1( t voictT c)-- 5v cc-icy- ct NeJ /'-f-5 v07 54 orf 7`�% v►ny C fvt� «� Pfi . •-t-ec{,,\--,_ ot,40' ;A/11- eviA, res Lit (4- 0 G7 L.11---(\4=....5 / �v-e_ C..el'i, /tt--.% c, - . LA- ot-vtok ! ('` e -I-ko_ ,ciLite,.' ( `--n 1..! c--ecov\51jew-- c-i--C\ 5 f0y-fiNbl'\ 1(4-• rA- e--- . Oral v`ot ok("---Q ckv.d A01--- efrk.7- L,tetot evck3 ,e_, I en) o/y-ees odd bock. SP/vc c , ?e. i "A- C wl-Pr-sL� Al( I CAO 'v t ' ell k'vi 5 7Ao P/4 I 1, 1C)Ir-S li q not cfv. re7 ci c'44:01( -1---c) 9 i\ ifk 04---c- I,c-_, v. i'-/-- Cse-e cA_ -filel%q:J__) - 1. ThOk(0<- VC)(1 . 'PO tr 7.0(/) { 41 * 1--`c ';.a'\i4 e'-'4 v_ 5 1.‘k -fl ( 3 mot f ` r 7 1 ji +, _ _ - - _ _b ftV\‘I om , RfVAJ' `re I. _ �_�_- _�� _ _mss it iI ii II I 1 1,11 110 ADDENDUM TO SNYDER'S CASHIER POLICY The sale of cigarettes to minors is against the law in accordance with Minnesota Statute 609.685 as follows: Whoever sells tobacco to a person under the age of 18 years is guilty of a gross misdemeanor. This individual could be fined up to $3000 and up to one year in jail. Snyder Drug requires its employees to check I.D. on any customer purchasing cigarettes who appears under 25 years of age. Any employee caught selling tobacco to a minor will receive a written warning. The second offense will result in termination. This is in addition to the penalties which could be imposed by the state. As of July 24, 1996,. it is illegal for a minor (anyone under 18) to sell cigarettes in the City of Oak Park Heights. Employee Signature Date 1-c;gaad.#75 Y ' smoking forces fought the toba Big tobacco and big corn C questitn i interests to a tie last year, Last year, Humphrey thought he have used the disclosure as evi- ran into evidence of this type of • deuce that monied interests are '"front" lobbying on both the to- creating intricate lobbying I bacco and ethanol issues. corporate role `fronts" to put a pretty face on In both cases, his nemesis was baser motives. Briant, who helped put together "It was a shock to discover that the "responsible retailers" group • • it wasn't convenience stores, drug concerned about the tobacco-sales In grass-roots stores or grocery stores,but it wasbill, and Minnesotans for a Fuel j1 really R.J. Reynolds and Philip ,,Alternative, formed to challenge Morris," Entenza said. "It's basi- the statewide requirement that • cally misleading," said Attorney ethanol be mixed into all grades of 1oIbTirigonGenertHumphrIII, 1 gasoline.whose crusades against tobacco Under current law, such coali- and in favor of ethanol ran into �� tion, must file forms and list their nearly identical lobbying tactics lobbyists, but do not have to re- JIM RAGSDALE STAFF WRITER last year. He hopes to propose I port specifically where their fund- changes in lobbyist reporting laws ! ing cpmes from. The expense of a 'n the heat of battle over restric- 1h 11TA this year to open up such relation- ! full-court'lobbying effort could ships to public scrutiny. easily be borne by a silent corpo- tions on tobacco sales to minors "Everybody has a right to peti- " last year, legislators saw their g rate partner while the "grass- tion tion their government," Humphrey roots, groups carried the message. mailboxes fill up with messages w said. "But at the same time, you That is what Humphrey suspects from retailers who did not like thehappened last year — big tobacco some- waythe new law was headed. shouldn't be trying to put thing over, to pull the wool over was leading the charge from the awmakers take such Com- ' ` sidelines on the smoking bill, and ' their eyes." plaints seriously. The Minnesota n Briant sees the lobbying efforts Coalition of Responsible Retailers, Amoco Oil, which wanted to sell one lobbying group opposing the �ii1:1 I differently. While corporate inter- an ethanol-free premium grade of bill, sounded like the sort of people ests were involved in both the to- gasoline, was doing the same on they should listen to — conve- bacco and ethanol fights, he said, the ethanol mandate. nience store-owners, grocers and VOICES the other members of the coali- Briant would not disclose where other small businesses who would tions were acting in their own self- the money was coming from for "Everybody interest. either group. He said tobacco in- Then the tobacco fax hit the has a right to have to live under any new laws. "I think these groups would ! terests and Amoco played roles in Capitol. petition their have, on their own, still supported funding each group, but both coali- Rep. Matt Entenza, DFL-St. government. legislation for ethanol-free gaso- itions included diverse groups who Paul, stood up on the House floor But at the line, or would have opposed re- happened to agree with the corpo- and read into the record a faxed same time, strictive tobacco legislation," he rate sugar daddies. memo from Thomas Briant, an You shouldn't said. "Their livelihood is at stake. At hearings on the bills, most of Edina attorney who heads the trying to Many successful lobbying ef- the testimony came from these coalition. The recipients of his P something forts involve broad coalitions, and grass-roots members of the coali- memo included tobacco companies over,to pull it is common for a coalition to put tion —retailers opposing the ciga- as well as retail groups, and Bri- the wool over forward what they believe is their rette sales restrictions, and the their eyes." most attractive interest group. snowmobilers and classic-car en- ant's description of his activities y Man lobbying andpublic rela- suggested that big tobacco was HUBERT y y g thusiasts opposing the ethanol re- using retailers to fight cigarette HUMPHREY iii tions firms go to great lengths to striction. Humphrey believes this show that their position has was misleading. sales restrictions in local communi- GEN ATTORNEY ; "grass-roots" support back home. "When the headline reads, 'Min- Despite GENERAL "Increasingly, the challenge for nesota Coalition for Fuel Choice Despite Briant's denials, the fax organizations is to demonstrate combats Minnesota corn-growers,' allowed tobacco opponents to brand how it plays in the public interest, that says one thing to the public the coalition as a wholly owned subsidiary of big not just in their self-interest," said and the reader," Humphrey said. tobacco, even though retailers who opposed the bill John Himle, a former House mem- "If it was `Amoco combats corn- said they were doing so to protect their own inter- ber who heads a media relations growers,' that says something en- ests. firm. "We counsel clients, if the tirely different. Rallying around the" fax like a battle flag, anti- issue has broad-based support, you "It's real important not only LOBBY CONTINUED ON 6B ► ought to go out and get it. We that the public knows the funding counsel clients against trying to mechanism for some of these create sham organizations that do groups, but certainly even the leg- islators,"P/Np not exist but for one company or islators," he said. He recalled talk- 1 6 one organization." ing to legislators on his tobacco PR e f r,a 1-/q—9 7 bill and hearing all the complaints about the bill by the "responsible retailers." He would respond with the list from Briant's fax. "I said, `Do you know who they . "Amoco had a Contributing are?'" Humphrey said. "They'd ro " he said. "I can't go into the flay, `Well, they're business peo- of dollars." lint the •said • ale.' I'd say, `No no, no, no, take a ., , Tub/I-regulation bill � groups wanted an_ethanol- � took at who they are. Those are free requirement, and the group makes return appearance the tobacco companies.'" expanded to include the Minnesota A bill to license all tobacco ' In the same way that charities Street Rudders Association, the retailers in the state was intro- are not allowed to wrap a corn- Midwest Marina Association, the duced Thursdayin the House. ti ercial pitch in a charitable title, Midwest Drag Racing Team and The bill, sponsored by qumphrey said he believes lobby- the Northland Snowmobile Dealers p Rep. 7=.,ig groups should "have to dis- Ann Rest, DFL-New Hope, also Association. would require cities to conduct dose who they are and where The Minnesota Coalition of Re- 9 they're coming from." His staff is sponsible Retailing is still active, mreake surer cigarettes compliance checks to e- f cusing on a requirement that and will likely figure into a new make cigarettes are not be each group fully disclose its fund- battle this year over Humph"rey's 1 ing sold to minors. Both mer- g cigarette sales restrictions. chants and clerks would be sub- Eric Johnson, Humphrey's exec- "I'm not disputing that tobacco I pro to fines. The bill also would etive assistant, said these two companies are involved," Briant prohibit most self-service tobacco goups "were designed to look like said. But he denied that this is a sales. broad-based, grass-roots groups, tobacco "front" group, saying the The Senate passed a similar but they were not broad based. .. . Minnesota Grocers Association, bill last term, but the House /be tobacco lobby and Amoco Oil the Minnesota Wholesale Market- failed to hear it. Instead it debat- atid every special interest have a ers Association, the Minnesota Li- ed an industry-backed bill that tight to lobby the gC vernment, but censed Beverage Association and would have stopped local govern- fley shouldn't have a right to de- the Minnesota Retail Merchants ments from enacting their own ,aivo *ha nnhlin by hankrnllino Association are also members of controls on cigarette sales. That the coalition. "I report to the re- measure failed. Rest's bill would phony front groups." tailers and to other companies," allow more restrictive local rules. Doug Blanke, an assistant attor- he said. "That shouldn't be used to House Speaker Phil Carruthers my general who worked on the draw conclusions that this is some- is a cosponsor, an indication that ubacco bill, said, "The m.o. of the how a front." Rest's bill will be heard. tobacco industry is to identify peo- Jeanne Weigum, president of —Conrad deFiebre lie who have some common the Association for-Nonsmokers- $ 3 round with them, and put them i --i7-4 7 tot front." He calls it "buying in Minnesota, said she has seen tAlof r mcence by association." I Briant non un at local tobacco- o Ahs/`'e_ SfAr t',b DWG! LASHIO'aruuna-me stlite. She front or coalition? has thought that while local retail- Judy Cook of the Minnesota Re- , ers were carrying the message, ail Merchants Association was ;big tobacco was pulling the strings. She thinks the leaked /Art of the coalition opposing ; 'memo makes that clear. Himphrey s tobacco bill last year. "It really was pulling off the Sie said retailers wanted a single mask for me,"she said,expressing ;atewide standard for regulation amazement that she had been mis- o, sales to minors, rather than ; led for so long. "If it happened to, tmmunity-by-community regula- me, yo 'gotta know_ that it hap-! tin On. this issue, she said, her ` pene legislators." nwnbers agreed with tobacco lob- Osts. On others, they part ways. To take a fax list of all the vople who receive information d assume that any one party is 'i;1Zing the strings' is unfair to thee of us who have responsibly refesented our interests at the Otol," she said. "The reality of the legislative pocess is all about building coali- ti thtis;" she said. "When you're doling with legislation, you look atuand and see who would share a ecomon interest with you." Briant said Minnesotans for a Flet;Alternative, the anti-ethanol pup was formed three years ago adi is no longer active, having wn an exemption from the re- girement for small-engine own- ers. ••IPs • ::. T0bOCC0 .: 1. � .. .. • our ommun The FDA regulations constitute the single most powerful tool currently available to protect our children from the health dangers of tobacco and the insidious recruitment and marketing tactics of • the tobacco companies. The FDA regulations will reduce youth access to highly addictive tobacco products and . severely restrict tobacco advertising and promotional activities targeting children and adolescents. EFFECTIVE DATES OF REGULATIONS February 28, 1997: •Prohibit retailers from selling cigarettes or smokeless tobacco to persons under age 18. •Require retailers to check photographic ID's of purchasers 26 and younger for proof of age. August 28, 1997: •Eliminate free samples, the sale of single cigarettes and packages with fewer than 20 cigarettes. •Ban vending machines and self-service displays except in facilities where only adults are permitted, such as certain nightclubs totally inaccessible to persons under 18. •Ban outdoor advertising within 1,000 feet of schools and publicly-owned playgrounds. Permit black-and-white text-only advertising for all other outdoor advertising, including billboards, signs inside and outside of buses, and all point-of-sale advertising. • Prohibit sale or giveaway of products like caps or gym bags that carry cigarette.or:smokeless tobacco product brand names or logos. August 28, 1998: • Prohibit brand-name sponsorship of sporting (including teams and entries) or entertainment events, but permit it in the corporate name. • 410 , DAVE BEAL a Minnesota has become nome to a Tobacco lobby proves small army of tobacco lobbyists. Accord- ing to an article in the American Jour- to be drag on state nal of Public Health last August. this state had more tobacco lobbyists in 1994 //�� — 25 of them — than any other state. One day back inJudy Knapp, executive director of the my time as a Smoke-Free 2000 Coalition, notes that weekly newspaper _ _ ' ; the industry has built up an immense editor in Chicago's ti I database. Through coupons and various mob-infested west /. other promotions, tobacco companies suburbs, the term ..-- . -,...r. have identified their customers by spe- "fetcher bill" sudI. cific legislative districts. Using direct denly began mak- mail and phone calls, the companies' ing the rounds. STAFF COLUMNIST agents can alert smokers and organize i This was a color- them to oppose proposals adverse to theVIIII:iiiiiii ful term that industry's interests. described a basic. time-honored legisla- And, she adds. the paper trail that tive process in a fine. upstanding state. links lobbyists and legislators through A legislator would introduce a bill, political contributions is tough to track. adverse to a particular interest group. to "The industry." she says, "is very, "fetch" a well-heeled lobbyist. The lobby- very slick." Cirli ist, armed with a white envelope packed Jeanne Weigum. president of the Asso- with money, would make a beeline for ciation for Nonsmokers-Minnesota, says Springfield to deliver the envelope to the it's sometimes hard to identify today's legislator responsible for the bill. The tobacco lobbyists. legislator would accept the envelope, "There's a ton of lobbying done by then drop the bill. people who don't wear a tobacco hat." w The process is far more sophisticated she says. "We could not pass the Min- aa. in Minnesota. Yet now, thanks to the nesota Clean Indoor Air Act today x Twins stadium bill that would boost the because of the power of that lobby." w state cigarette tax by 10 cents a pack, Imagine all of this. in Minnesota. o we could soon see one of the state's Weigum recalls that this state was the I a most effective and elusive interest birthplace of the annual national smoke- a groups — the tobacco industry lobby — out; the first to require separate areas a hauled into the spotlight. for smoking in the workplace; the first ' f'-i_ /11.11111111 Many Minnesotans consider their state where a municipality (Roseville) z a pioneer in advocating anti-smoking required single packs to be placed I c regulations. Ironically, though. the tobac- behind retail counters; the first with a co lobby seems to be transforming Min- municipality (White Bear Lake) that nesota, of all places, into its own turf. banned cigarette sales from vending mid A few measures of the industry's ris- machines; the first with a major public ing clout here: arena (the Metrodome) that banned ■ Minnesota's tax of 38 cents a pack tobacco ads. of cigarettes ranked as the highest in the Credit the Twins' stadium proposal land from 1988 until 1991. according to with igniting a long-overdue debate 0111IMIW the Minnesota Revenue Department. about how and why Minnesota is fast Since then, the state has raised this to}: becoming the Land of Tens and Tens of by only a dime, while many Others have Thousands of Smokers. boosted their cigarette taxes far more. ' Now, Minnesota's tax has fallen to 10th 'highest. Dave Beal is senior business editor. His column • State figures also show that the appears on Sundays. Mondays and Fridays. state's effective tax rate on cigarettes is lower today than it was in 1971. 17 TH • State financing of tobacco education has fallen in Minnesota. giving the indus- JANUARY 1997 try's powerful marketers a free hand to FRll);l turn more and more Minnesota youths intl., smokers 111 Page 5 - Minutes 07/09/96 Unfinished Business George Vogt Resolution - Administrator Robertson reported that he has not received any comments regarding the proposed resolution. City Attorney Vierling cautioned the Council to consider past resolutions before passing a new resolution. Mayor O'Neal suggested tabling the issue to allow City Attorney Vierling and Administrator Robertson to review the past resolutions regarding the bridge. Councilmember Swenson, seconded by Kern, moved to table the issue so the Council and City staff has opportunity to review the past bridge resolutions . Carried 5-0 . St . Croix Valley Sports Facility - Administrator Robertson reported that he has not been contacted by any Oak Park Heights resident who is interested in being on the Sports Facility Board. City Attorney Vierling reported that the facility was originally going to be operated as a 501 . C.3 non-profit organization, but there is talk now of a Joint Powers Agreement . City Attorney Vierling cautioned the Council to be careful in selecting a representative when the Council does not know what type of organization they will be representing. Mayor O'Neal recommended appointing Councilmember Swenson to attend the meetings as a liason to the Sports Facility Board from Oak Park Heights. Councilmember Swenson, seconded by Schaaf, moved to appoint Councilmember Swenson as liaison for the Sports Facility Board, with City Attorney Vierling reviewing the legal and financial implications for the City. Carried 5-0 . New Business: Proposed Tobacco License Fees - Administrator Robertson stated that he was contacted by Walmart and Snyder Drug regarding the recently approved Ordinance Relating to the Sale of Tobacco Products. Walmart stated that they will have to install a separate counter for the sale of cigarette cartons and that they weren' t certain they could be installed before the deadline. Snyder Drug stated that the new ordinance will often require an adult be called to the counter for tobacco sales because they employ a lot of high school students during the nights and weekend hours. Council requested that Police Chief Swanson provide an estimate regarding the costs of conducting compliance checks before establishing license fees . Councilmember Swenson, seconded by Kern, moved to change the City tobacco products license fee to $30 . 00 effective January 1, 1997, with reconsideration after the first year. Carried 3-2 . Councilmember Robert and Schaaf opposing. S Page 4 - Minutes 06/24/96 Bridge Computer Animation - Councilmember Robert stated that MNDOT has developed a new computer animation of the proposed bridge. Consent Agenda: Approve Minutes - June 10, 1996 Set Public Hearing - Request for Kennel License - Debra Zahler Runk - 5525 O'Brien Avenue North - July 23 , 1996 Councilmember Swenson, seconded by Kern, moved to approve the Consent Agenda as presented. Carried 5-0 . Unfinished Business Brown's Creek Joint Powers Agreement Proposed Amendments - Councilmember Schaaf, seconded by Swenson, moved to approve the amendments to the Brown' s Creek Joint Powers Agreement . Carried 5-0 . Scenic Overlook - Councilmember Robert stated that MNDOT has proposed to open up the site lines at the scenic overlook, which would involve the removal of trees and brush. MNDOT is requesting the City maintain the area once the project is completed. Councilmember Robert will prepare a memo for the Council regarding this issue. Public Hearings: Public Hearing - An Ordinance Relati g to the Sale, Possession. and Use of Tobacco Related Devices in the City and to Reduce the Illegal Sale, Possession, and Use of Such Items by and to Minors - Mayor O'Neal opened the Public Hearing at 8 : 05 p.m. Administrator Robertson reported that notices of hearing were mailed to all businesses who have current tobacco licenses. City Attorney Vierling stated that the proposed ordinance would prohibit tobacco vending machines and would require that current self-serve sales of tobacco be located behind counters where employees would control access . Representatives from Holiday, SuperAmerica, Sprint, and Applebee ' s were present . None of the representatives from the businesses stated opposition to the proposed ordinance . Mayor O'Neal noted a letter received from M.G.M. Liquor Warehouse requesting an exemption for cigars . Councilmember Kern, seconded by Swenson, moved to close the Public Hearing at 8 : 15 p.m. Councilmember Schaaf, seconded by Swenson, moved to adopt Ordinance 96-1409-04 relating to the Sale, Possession and Use of Tobacco, Tobacco Products, Tobacco Related Devices in the City and to Reduce the Illegal Sale, Possession, and Use of Such Items by and to Minors . Carried 5-0 . s CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 96-208-05 AN ORDINANCE ESTABLISHING CHAPTER 208 PROVIDING FOR SYSTEMS AND PROCEDURES FOR THE PROCESSING OF ALLEGATIONS OF VIOLATIONS REGARDING CITY-ISSUED LICENSES AND PERMITS AND PROVIDING CIVIL REMEDIAL SANCTIONS FOR VIOLATIONS THEREOF The City Council of the City of Oak Park Heights does hereby ordain as follows : Sec. 208.010 Findings and Purpose. The City of Oak Park Heights regulates many types of activities . For many of these activities, the City issues licenses or permits . Licenses or permits are issued for those activities which have the most profound effect (or potential effect) upon the health, safety and welfare of the citizens . For example, licenses and permits are issued for bars and retail liquor establishments, junkyards, the sale of cigarettes, the operation of mining pits, and other special uses of property which require the City Council to be particularly aware of the activities being conducted. From time to time, the City is also called upon to determine if the holder of a license or a permit has violated the terms of that license or permit . Similarly, there are sometimes allegations that the license or permit holder has violated a statute, ordinance or rule which also regulates the proper operation of that activity. Current City Ordinances do not adequately establish a uniform procedure for the City to determine if a violation has occurred. Ordinances also do not adequately delineate what remedies are available to the City to insure that licenses and permits are properly followed in the future so as to adequately protect the health, safety and welfare of the City' s residents . This Ordinance is designed to establish a uniform method of determining whether or not violations have occurred. It is the intent of the City Council to establish a system which would provide fair and adequate notice to the permit/license holder of the alleged violation and a hearing before the City Council . The possible penalties which are provided for are designed to protect the public from future violations . Specifically, the sanctions should deter a violator from engaging in future violations and should serve as a warning to other individuals engaged in the same types of activities that the City Council will respond appropriately to proven violations . Sec. 208.020 Licenses and Permits. The terms of this Ordinance shall apply to all licenses and permits (of any kind) issued by the City of Oak Park Heights . Sec. 208 .030 Hearing Requirements. A. All hearings as envisioned within this Ordinance shall take place before the City Council at the City Council Chambers or at such other place as is convenient and proper, given the nature of the matter under consideration. B. None of the civil sanctions authorized herein shall be imposed by the City Council until the license/permit holder has been given an opportunity for a hearing before the City Council. C. Hearings shall be conducted in accordance with the provisions found within Minnesota' s Administrative Procedure Act (M.S. §14 . 57 to §14 . 69) . D. This Ordinance does not require the City of Oak Park Heights to conduct its hearing before an employee of the Office of Administrative Hearings. Rather, it is intended that hearings will take place before the City Council . Sec. 208 .040 Civil Sanctions. If the City Council finds that a license or permit holder has failed to comply with their license or permit, or has failed to comply with any applicable statute, rule or ordinance related to the operation of the activity for which a license or permit has been granted by the City, then the City Council may revoke the license or permit, suspend the license or permit for a period of up to sixty (60) days, impose a civil penalty of up to Two Thousand ($2, 000 . 00) Dollars for each violation, or impose any combination of these sanctions . Sec. 208.050 Payment of Fines. A. If the Council imposes a civil fine, the Council shall also allow the license/permit holder a reasonable time to pay the fine. A "reasonable time to pay" means that all fines shall be paid within sixty (60) days unless the Council determines that a longer period of time is justified under the circumstances of the case. B. Failure of a license/permit holder to pay a fine within sixty (60) days (or within the time otherwise allowed by the Council) shall cause that license or permit to become immediately suspended until full payment is received by the City Clerk. Sec. 208.060 Revocation or Suspension. Any license/permit holder who has had their license or permit suspended or revoked pursuant to any of the terms of this Ordinance, shall not be allowed to operate the activity which required the license or permit until the license or permit is reinstated. Any operation during a period of suspension or revocation shall be deemed to be an additional violation of the terms of the permit or license . Sec. 208 . 070 Constitutionality. If any portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Sec. 208 . 080 Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication, according to law. c;2WHEREUPON, said Ordinance was declared passed and adopted this -2-A1-,4 day of , 1996 . CITY OF OAK PARK HEIGHTS &Q.By a. 0...4k__ -r•ara O'Neal, Mayor Attest : richae Rob- tson, City Administrator 00k- S • MEMORANDUM TO: Mark FR: Greg DT: July 26, 1996 RE: Tobacco Ordinance _ I have reviewed the comments from the League of Minnesota Cities regarding the argument that a portion of the Ordinance, specifically Section 1100, Subd. 4, may open the City up to an argument of entrapment. Basically, that section allows a minor working for the City as part of a "compliance check" to misrepresent the person' s age. It is the position of the League of Minnesota Cities that this could result in a claim of entrapment against the City resulting in dismissal of the criminal charges. I personally disagree with the analysis by the League of Cities. Specifically, in order to show entrapment, the Defendant needs to show that the Cit a dcrime met The Defendant must merelymore than show to solicit the commission o something in the nature of persuasion, badgering or pressure by the state. See State v. Olkon, 299 N.W.2d 89 (Minn. 1980) . Another way of putting it is that the Defendant must prove that the officers have "lured" the Defendant into committing a crime that the Defendant was not otherwise predisposed to commit. what I am proposing is that the officers simply have available to them the ability to have a minor go into a store and ask for the purchase of a tobacco product. If the clerk asks for some identification and the minor states, "I have no I .D. , but I promise I am over the legal age, " that clerk cannot reasonably say that they relied upon objective proof of the minor' s age. That clerkuge son would take ill t hisubject to option away from the Police rosecution. The Department. ue' s suggest Similarly, it is always a defense to the sale of tobacco products to say that a clerk "reasonably" relied upon a form of identification. Consequently, if a minor comes into a store and requests tobacco products, and if that minor has a false identification that a person could "reasonably" believe was a true identification card, then that clerk would not face any liability. What I have in mind instead is that a minor who is very young (i.e. 13 or 14 years old) would come into a store with a false I .D. claiming to be much older. A cfor a minor who is quite k could not ab " rely ob iously upon that type of identification under the legal age . 200d Lot'ON Hd0 F WbId Mel 9830NO3 Zt:dt 96/9E/L0 a Y • 411 This is something we had discussed specifically before the City Council . If the tobacco vendors in the City of Oak Park Heights know that minors working for the police are never allowed to either misrepresent their age or present a false identification, then the tobacco vendors will never be caught in a compliance check. Simply stated, they will ask every person who is close in age for their identification and then never "reasonably" scrutinize the answer they receive. They will know Automatically that the person in question cannot be an undercover person for the City. Consequently, i believe it is best to leave open the possibility that an undercover minor may misrepresent their age or may use a false identification. If you have any other questions regarding this, please let me know. GGG:dmr 200d LOT'ON Hd0 F Wald Mtn 98313A03 ZS:VT 96/92/L0 F— losure G \ '' mominiimm mMnoli 1.1 I 111? ,1UL241996 145 University Avenue West League of Minnesota Cities St. Paul, MN 55103-2044 Michael Robertson City Administrator City of Oak Park Heights P.O. Box 2007 Oak Park Heights, MN 55082 Dear Mr. Robertson: A copy of your city's recently adopted tobacco ordinance, # 96-1409-04, was recently forwarded to me. I have reviewed this ordinance for possible inclusion as a sample ordinance in both my personal file on youth access and in the League's general files of sample ordinances. This ordinance is generally an excellent example, taking a very comprehensive approach to dealing with the issue of preventing youth access to tobacco. There is, however, one provision that raised an issue of concern I wanted to alert the city to in order to prevent problems in the enforcement of an otherwise good ordinance. Under Section 1409.110, subd.4, labeled "Use of False Identification", the city provides that it would not be an offense to use a false I.D. as part of a compliance check. While the city does not want to prosecute a minor for following the orders of an authorized city agent in the performance of a compliance check, the use of false identification should never be an authorized part of a compliance check. It is the League's recommendation that if a minor participating in a compliance check is asked for proof of age, he or she should admit to his or her true age. Any attempt on behalf of the city to misrepresent the age of the minor could result in charges of entrapment against the city resulting in the charges against the alleged violator being dismissed. Further, the use of false identifications will only serve to confuse clerks as to who does or does not appear to be over the age of eighteen and anger the business community. Thus, while the exception clause is appropriate in the rest of the Section, if it is left in subdivision 4, the city needs to be sure that anyone conducting a compliance check understands that intentional misrepresentation of age is not appropriate and is actually counterproductive to the purpose of conducting compliance checks. If there are any questions on this matter, please feel free to contact me. Sincerely, Kent Sulem Codification Attorney AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)281-1200 (800)925-1122 TDD(612)281-1290 Fax(612)281-1299 S 111 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. /pJ —!7 �/ AN ORDINANCE RELATING TO THE SALE, POSSESSION AND USE OF TOBACCO, TOBACCO PRODUCTS, TOBACCO RELATED DEVICES IN THE CITY AND TO REDUCE THE ILLEGAL SALE, POSSESSION, AND USE OF SUCH ITEMS TO AND BY MINORS The City Council of the City of Oak Park Heights does hereby ordain as follows : Section 100 . Purpose. Because the City recognizes that many persons under the age of eighteen (18) years purchase or otherwise obtain, possess and use tobacco, tobacco products and tobacco related devices, and because studies, which the City hereby accepts and adoptsl, have shown that most smokers begin smoking before they have reached the age of eighteen (18) years and that those persons who reach the age of eighteen (18) years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this Ordinance shall be intended to regulate the sale, possession, and use of tobacco, tobacco. products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Stat . §144 .391 . Section 200 . Definitions and Interpretations. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions . The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term "shall" means 1The City of Oak Park Heights has relied upon the following sources : Preventing Tobacco Use Among Young People, A Report of the Surgeon General; Youth Access to Tobacco - Summary Points, Youth and Elders Against Tobacco Use; Stillwater Area School District Cigarette Use Statistics; Youth Access to Tobacco, Minnesota Assist; Tobacco Sales to Youth and Nicotine Addiction in Adolescence, both by the Centers for Disease Control and Prevention. • • mandatory and the term "may" means permissive . The following terms shall have the definitions given to them: Subd. 1 . Tobacco or Tobacco Products . "Tobacco" or "Tobacco products" shall mean any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking. Subd. 2 . Tobacco Related Devices . "Tobacco related devices" shall mean any tobacco product as well as a pipe, rolling papers, or other device used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products . Subd. 3 . Self-Service Merchandising. "Self-Service Merchandising" shall mean open displays of tobacco, tobacco products, or tobacco related devices in any way where any person shall have access to the product without the assistance or intervention of an employee of the premises maintaining the self-service merchandising. Self-service merchandising shall not include vending machines. Subd. 4 . Vending Machine. "Vending Machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco related device. Subd. 5 . Individually packaged. "Individually packaged" shall mean the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall including, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged. Subd. 6 . Loosies . "Loosies" shall mean the common term used to refer to a single or individually packaged cigarette. 2 4 • Subd. 7 . Minor. "Minor" shall mean any natural person who has not yet reached the age of eighteen (18) years . Subd. 8 . Retail Establishment . "Retail Establishment" shall mean any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall including, but not be limited to, grocery stores, convenience stores, restaurants and bars . Subd. 9 . Moveable Place of Business . "Moveable Place of Business" shall refer to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions . Subd. 10 . Sale . A "sale" shall mean any transfer of goods for money, trade, barter or other consideration. Subd. 11 . Compliance Checks . "Compliance Checks" shall mean the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products and tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks may involve the use of minors as authorized by this Ordinance. Section 300 . License. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the City. Subd. 1 . Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant' s residential and business addresses and telephone numbers, the name of the business for which the license .is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the Council for action at its next regularly scheduled Council meeting. If the Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the action complete. Subd. 2 . Action. The Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the Council shall approve the license, the Clerk shall issue the 3 • license to the applicant . If the Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant' s right to appeal the Council' s decision. Subd. 3 . Term. All licenses issued under this Ordinance shall be valid for one calendar year from the date of issue. Subd. 4 . Revocation or Suspension. Any license issued under this Ordinance may be revoked or suspended as provided in the Violations and Penalties section of this Ordinance . Subd. 5 . Transfers . All licenses issued under this Ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any licenseo another location or person shall be valid without the prior approval of the Council. Subd. 6 . Moveable Place of Business . No license shall be issued to "a moveable place of business . Only fixed location businesses shall be eligible to be licensed under this Ordinance. • Subd. 7 . Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises . Subd. 8 . Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty (30) days but no more than sixty (60) days before the expiration of the current license. The issuance of a license issued under this Ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Section 400 . Fees. No license shall be issued under this Ordinance until the appropriate license fee shall be paid in full. Fees shall be set from time to time by the City Council by Resolution. Fees shall be divided into two (2) classes. A Class "A" Tobacco License shall be required for any retail establishment which sells tobacco, tobacco products, or tobacco related devices in cartons or other packaging containing more than a single pack or other container as described in Section 200, Subd. 5 . A Class "B" Tobacco License shall be required for any retail establishment selling only individually packaged tobacco or tobacco products wrapped individually for sale. 4 ! i Section 500 . Basis for Denial of License. The following shall be grounds for denying the issuance or renewal of a license under this Ordinance, and if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section. A. The applicant is under the age of eighteen (18) years . B. The applicant has been convicted within the past five (5) years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices. C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked, in the City . or at any other place, within the preceding twelve (12) months of the date of application. D. The applicant fails to provide any information required on the application, or provides false or misleading information. E. The applicant is prohibited by Federal, State or other local law, ordinance, or other regulation, from holding such a license. Section 600 . Prohibited Sales. It shall be a violation of this Ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: A. To any person under the age of eighteen (18) years . _B. By means of any type of vending machine. C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of a licensed premises in order to receive the tobacco, tobacco product, or tobacco related device . D. By means of "loosies" as defined in Section 200, Subd. 6 of this Ordinance . E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance except nicotine and not naturally found in tobacco or tobacco products . 5 411 4 F. By any other means or to any other person, prohibited by Federal, State or other local law, ordinance provision, or other regulation. Section 700 . Vending Machines . It shall be unlawful for any person licensed under this Ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine . Section 800 . Self-Service Sales. It shall be unlawful for a licensee under this Ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee' s employee. All tobacco, tobacco products, and tobacco related devices shall be stored behind a counter or other area not freely accessible to customers . Section 900 . • Responsibility. • All licensees under this Ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such a item by an employee shall also be considered a sale by the license holder, and each can be held responsible for any criminal and/or civil penalties imposed herein. Section 1000 . Compliance Checks and Inspections. All licensed premises shall be open to inspection by the City Police or other authorized City official during regular business hours . From time to time, but at least once per year, the City shall conduct compliance checks by engaging minors to enter the licensed premises to attempt to purchase tobacco, tobacco products, or tobacco related. devices . Minors used for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained as a part of the compliance check. Retail establishments possessing a Class A License shall be subject to at least two (2) compliance checks per year. Section 1100 . Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of this Ordinance. Subd. 1. Illegal Possession. It shall be a violation of this Ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device . This 6 i 4 subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. Subd. 2 . Illeaal Use . It shall be a violation of this Ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device . Subd. 3 . Illegal Procurement . It shall be a violation of this Ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this Ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall also be a violation of this Ordinance for any person to sell or otherwise provide any tobacco, tobacco product or tobacco related device to any minor, and it shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device . This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. Subd. 4 . Use of False Identification. It shall be a violation of this Ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. This subdivision shall not applv. to minors lawfully involved in a compliance check on behalf of the City. Section 1200. Violations and Penalties. Subd. 1. Criminal Penalty. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor. Each violation and every day in which a violation occurs or continues shall constitute a separate offense. Subd. 2 . Civil Penalty. The provisions of City of Oak Park Heights Civil Penalty Ordinance, Chapter .0?" , shall apply to any and all licenses issued hereunder. If a retail establishment has its tobacco license suspended pursuant to a hearing conducted under the City' s Civil Penalty Ordinance, that retail establishment shall, during the period of suspension, remove all tobacco, tobacco products and tobacco related devices away from public view. Section 1300 . Exceptions and Defenses. Nothing in this Ordinance shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as 7 III 411 , . , part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this Ordinance for a person to have reasonably relied on proof of age as described by State law. Section 1400 . Severability and Savings Clause. If any section or portion of this Ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a Court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity an enforceability of any other section or provisions of this Ordinance. Section 1500 . Restriction on Age of Clerks. It shall be illegal for a retail establishment to cause or permit a minor to sell tobacco, tobacco products or tobacco related devices . It shall also be illegal for any minor to sell tobacco, tobacco products, or tobacco related devices . Section 1600 . Signage. Anyone holding a tobacco license under the provisions of this Ordinance shall post and display in plain view of the general public on the licensed premises a sign indicating that it is illegal to sell tobacco, tobacco products, and tobacco related devices to anyone under the age of eighteen (18) years and that the possession and use of such items by minors is also illegal under both State law and local ordinance. Said signs shall be of a type approved by City staff and issued to a retail establishment at the time that a license is obtained. The cost of said sign shall be included within the licensing fee. Section 1700. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication, according to law. WHEREUPON, said Ordinance was declared passed and adopted this ,. ..),-/-/-4 day of SUhc' , 1996 . CITY OF OAK PARK HEIGHTS ,6 By Barbara O'Neal, Mayor Attest : A0 _ i _i /� ichael '• •ertson, City Administrator 8 III 411 , . , part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this Ordinance for a person to have reasonably relied on proof of age as described by State law. Section 1400 . Severability and Savings Clause. If any section or portion of this Ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a Court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity an enforceability of any other section or provisions of this Ordinance. Section 1500 . Restriction on Age of Clerks. It shall be illegal for a retail establishment to cause or permit a minor to sell tobacco, tobacco products or tobacco related devices . It shall also be illegal for any minor to sell tobacco, tobacco products, or tobacco related devices . Section 1600 . Signage. Anyone holding a tobacco license under the provisions of this Ordinance shall post and display in plain view of the general public on the licensed premises a sign indicating that it is illegal to sell tobacco, tobacco products, and tobacco related devices to anyone under the age of eighteen (18) years and that the possession and use of such items by minors is also illegal under both State law and local ordinance. Said signs shall be of a type approved by City staff and issued to a retail establishment at the time that a license is obtained. The cost of said sign shall be included within the licensing fee. Section 1700. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication, according to law. WHEREUPON, said Ordinance was declared passed and adopted this ,. ..),-/-/-4 day of SUhc' , 1996 . CITY OF OAK PARK HEIGHTS ,6 By Barbara O'Neal, Mayor Attest : A0 _ i _i /� ichael '• •ertson, City Administrator 8 • Enclosure 6C CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA NOTICE OF HEARING TO: FROM: Michael Robertson, City Administrator DATE: RE: City Hearing Regarding Allegations of Tobacco License Violations Against : The City has received a complaint regarding: (include specific reference to the Ordinance section alleged to be violated and a general description of the alleged violation itself. ) The City Council voted on , to conduct a hearing to determine if either the City Ordinance and/or the State Statute have been violated. Your hearing is scheduled for beginning at o' clock p.m. . Your hearing will take place in the City Council Chambers at the City Hall . You are expected to appear in person at that time and place fully prepared. The hearing will take place before the City Council. It is the intent of this Notice to provide you with clear and actual notice of the nature of the complaint which was made . Attached to this Notice are copies of ( ) pages of documents which disclose to you the names of the person (or persons) who have made allegations against you. The documents also further describe the factual basis for the complaint (s) against you. It is the intention of the City to provide you with a reasonable time and opportunity to present testimony in your defense. If you believe that you need additional time, please advise me immediately so that I might re-schedule the hearing. You also have the right to have an attorney represent you. If you desire additional time to obtain the services of an attorney, please let me know immediately so that I might re-schedule the hearing. Pursuant to City Ordinance and State Law, this hearing will be conducted pursuant to the provisions found in Minnesota Statutes §14 .57 to §14 .70 . • • Enclosure 6B MEMORANDUM TO: Chief Lindy Swanson FR: Greg Galler DT: May 24, 1996 RE: Prosecution Costs for Violations of Tobacco License =============================================================== At the request of the Mayor and several City Council Members at the special meeting regarding the Tobacco Ordinance, I was asked to put together an outline of City costs to be incurred in prosecuting a tobacco violation case. The facts of the case would, of course, dictate to a certain degree the exact costs to be incurred. However, I believe the following are likely to be incurred in most cases : 1. Review of police reports $ 25 . 00 2 . Preparation of Formal Complaint 60 . 00 3 . Attendance at Pretrial Conference 40 .00 4 . Legal research 50 . 00 TOTAL $175 .00 Keep in mind that, hopefully, we will not be prosecuting each license holder every year. However, it would be fair to assume that there will be some violations every year, and that City costs will be incurred because of the need to prosecute. While it is also possible to have the Judge order that the Defendant pay the City' s reasonable prosecution costs, this is not done very often. Consequently, I believe some amount of money needs to be factored into the licensing fees in order to help compensate the City for the costs it will incur in enforcing its Ordinance. Obviously, if a trial is held, the prosecution costs would be much higher. Trials can generate legal fees of $1, 000 . 00 to $3, 000 . 00 in most cases. It is my understanding that you will be putting together a Memorandum for the City Council outlining the costs the City will incur through the use of Police Department services to conduct the compliance checks required by the Ordinance. If anything further is required, please let me know. GGG:dmr • Enclosure 5 • MEMO Date : July 3, 1996 To: Mayor & Council From: Mike Robertson, City Administrator Re : St . Croix Valley Communities Tobacco License Fees Oak Park Heights currently has 13 locations licensed to sell tobacco products. Our current charge for a tobacco license is $15 . 00 . I have listed below the what other communities in the St . Croix Valley area charge for tobacco licenses . CITY LICENSE FEE OAK PARK HEIGHTS $ 15 . 00 BAYPORT $ 12 . 00 STILLWATER $250 . 00 FOREST LAKE $ 50 . 00 OAKDALE $ 50 . 00 NEWPORT $ 50 . 00 PER UNIT COTTAGE GROVE $ 20 . 00 WOODBURY $ 25 . 00 PER UNIT Per unit charges are assessed by treating each vending machine as a separate unit . Sales from behind a counter are counted as one unit . A motion to change our tobacco products license fee would be; "I move we change our tobacco products license fee to $ effective January 1, 1997 ." • Enclosure 5B EOM 9UOR - W HOUSE® CORPORATION LiillEMIHI V ED F.T.L. Corporation 1580 Woodlane Drive MAY 3 0 1996 Woodbury, MN 55125 (612) 739-4110 May 29 , 1996 (612) 730-0595 F OAK PARK HEIGHTS City of Oak Park Heights Judy Hoist 14168 N. 57th Street Box 2007 Oak Park Heights , MN 55082 Dear Judy, As a follow up to our phone conversation, I am writing regarding the City' s tobacco ordinance review. It is certainly a concern of ours that many young people are smoking cigarettes these days , especially since they have been indoctrinated from kindergarten thru the upper grades on the negatives of smoking and cancer related problems . We should keep in mind during discussion, that according to statistics , 85% of underage cigarette purchases are by older friends or from friends working in stores . I would ask that cigars be excepted however , from any regulations calling for a " locked up" or control environment . Cigars are not a choice for underage smokers , and at $3 .00, $4.00, $5 . 00 and up for a single cigar , the price is not attractive . Cigar smokers do need, however, to touch, feel , and roll a cigar in their fingers to be assured of freshness when spending these kinds of dollars . Customer access to cigars should therefore be maintained as a free enterprise product . Thank you for the letter regarding the hearings and I hope positive ideas are forthcoming. Sincerely,, John J. Lanners President F.T.L. Corporation Pa e 5 - Minutes 05/28/96 • Recycling Awards - Deputy Clerk/Finance Director Hoist reported that Bayport issues a $25 . 00 award monthly to a resident who participates in recycling. Councilmember Robert questioned which fund would cover the expense of the recycling awards . Hoist suggested that the funds come from the Recycling Grant which is $15, 000 per year. Council was in agreement to start recycling awards for residential users only. Every two weeks a resident will be selected randomly, City staff will go to the residence to see if they are in recycling, and a $25. 00 cash prize will be awarded if the resident is participating in recycling. Councilmember Swenson, seconded by Kern, moved to establish a $25. 00 award to residents participating in recycling, with awards given twice a month. Carried 5-0 . Set a Public Hearing - Youth Tobacco Access Ordinances and Set a Public Hearing - Administrative Procedure for Fines - Councilmember Robert, seconded by Schaaf, moved to Set a Public Hearing - Youth Tobacco Access Ordinance on Monday, June 24, 1996 at 7 : 30 p.m. and Set a Public Hearing - Administrative Procedure for Fines on Monday, June 24, 1996 at 7 : 30 p.m. Carried 5-0. New Business Washington County Comprehensive Plan - Mayor O'Neal noted that comments regarding the Washington County Comprehensive Plan are due by July 22, 1996. Mayor O'Neal requested that this item be discussed at the first City Council meeting in July. City Staff Membership in BPW - Mayor O'Neal reported that a City staff member is interested in membership to the Business Professional Women Organization for personal and professional growth. Staff member requests that the City be responsible for the initial membership fee of $56 and for a yearly membership fee of $55 thereafter. Councilmember Kern, seconded by Swenson, moved to approve paying for membership fee to the BPW. Carried 4-1 . Councilmember Schaaf opposed. Correspondence Protected Waters Permit - Mayor O'Neal noted a Protected Waters Permit received from the Minnesota DNR. City Engineer sent a note that no comment was needed regarding this issue. Minnesota Association of Small Cities - Mayor O'Neal noted an invitation to join the Minnesota Association of Small Cities . No action was taken. 4 r CITY OIC • vcis OAK PARK HEIGHTS 14168 N. 57th Street• Box 2007 •Oak Park Heights,MN 55082 •Phone: (612) 439-4439 • FAX 439-0574 May 24, 1996 Sprint 14738 60th St.N. Oak Park Heights, MN 55082 Attention: Cheryl Eder,Manager Dear Ms. Eder: The Oak Park Heights City Council extends their congratulations to you and your employees for passing the compliance check for selling tobacco to minors. On April 17, 1996,the Police Department conducted tobacco compliance checks on five businesses in Oak Park Heights and eight businesses in the surrounding area. Three of the businesses in Oak Park Heights and one in the surrounding area sold tobacco to minors. The Council held a workshop on May 22, 1996 to discuss the establishment of a tobacco ordinance. In the future we hope to have all the businesses in Oak Park Heights in compliance with current state tobacco regulations. Once again we congratulate you on passing the compliance check. ; Oak Park Height City Council Jh Tree City U.S.A. CITY Ole ‘4 * OAK PARK HEIGHTS `r 14168 N. 57th Street•Box 2007 •Oak Park Heights,MN 55082 •Phone: (612) 439-4439 • FAX 439-0574 May 24, 1996 Holiday Stationstore#237 14773 60th St. N. Oak Park Heights, MN 55082 Attention: Doug Kaufman, Manager Dear Mr. Kaufman: The Oak Park Heights City Council extends their congratulations to you and your employees for passing the compliance check for selling tobacco to minors. On April 17, 1996,the Police Department conducted tobacco compliance checks on five businesses in Oak Park Heights-and eight businesses in the surrounding area. Three of _ the businesses in Oak Park Heights and one in the surrounding area sold tobacco to minors. The Council held a workshop on May 22, 1996 to discuss the establishment of a tobacco ordinance. In the future we hope to have all the businesses in Oak Park Heights in compliance with current state tobacco regulations. Once again we congratulate you on passing the compliance check. Oak Park Height City Council Tree City U.S.A. 1111 Page 4 - Minutes 05/13/96 Consent Agenda • Approve Minutes - April 22, 1996 • Approve Board of Review Minutes - April 22, 1996 • Central St . Croix Valley Cable Minutes • Set Public Hearing, June 10, 1996 - Request for Variance from Side Yard Setback - Dale Young, 5420 Ojibway Street North • Set Public Hearing, June 10, 1996 - Request for Variance from Front Setback - Robert and Pearl Torgeson, 15225 64th Street . • Request for Payment - ADA Improvements - Nordling Construction - $21, 156 . 60 • Payment of Bills Councilmember Robert requested removal of the two Set Public Hearing Consent Agenda items for discussion. Councilmember Kern, seconded by Swenson, moved to approve the Consent Agenda with the exception of Set Public Hearing, June 10, 1996, Request for Variance from Side Yard Setback - Dale Young, 5420 Ojibway Street North and Set Public Hearing, June 10, 1996, Request for Variance From Front Yard Setback - Robert and Pearl Torgeson, 15225 64th Street . Carried 5-0 . Councilmember Robert expressed concern regarding setting public hearing dates when information is not complete. After discussion, Council directed City Staff to: 1) accept applications only if the fee has been paid, 2) applications must be completed to the best of the applicant ' s ability, and 3) City Staff must indicate the appropriate ordinance or resolution governing the proposed request . Councilmember Robert, seconded by Kern, moved to Set a Public Hearing Date of June 10 , 1996, for Request for Variance From Side Yard Setback - Dale Young, 5420 Ojibway Street North; and for Request for Variance From Front Yard Setback - Robert and Pearl Torgeson, 15225 64th Street . Carried 5-0 . Tobacco Check Results - Mayor O'Neal introduced Suzanne Stensovelo, Washington County Public Health Department, State Representative Mark Holsten, and Police Officer Joe Croft . Officer Croft presented the results from the City' s recent tobacco check. Croft stated that the tobacco check did not include liquor stores or bars. Croft reported that 60% of the establishments checked sold tobacco to an underage person. Clerks and store managers were notified of failure to comply with the tobacco ordinance and were given a verbal warning. Croft reported that they will have another tobacco check in the future and fines will be assessed at that time if they again sell to an underage person. • 41/1 Page 5 - Minutes 05/13/96 Suzanne Stensovelo presented statistics for underage tobacco use. Stensovelo reported that there has been a great increase in smoking by underage youth. Stensovelo stated that a crucial element to prevention is access to tobacco. Stensovelo presented a model ordinance put forth by the League of Minnesota Cities which would strengthen the City' s enforcement of underage tobacco use and urged its adoption. Mayor O'Neal and Councilmember Robert stated that they are in favor of moving forward with an ordinance regulating tobacco sales . Representative Mark Holsten was present to discuss youth tobacco access legislation that was considered during the recent legislative session. Representative Holsten stated that only 1/10th of the governing bodies have tobacco regulating ordinances . Mayor O'Neal thanked Officer Croft, Ms . Stensovelo, and Representative Holsten for their presentations . Mayor O'Neal stated that she would be interested in obtaining input from business owners regarding a proposed tobacco regulating ordinance. Councilmember Schaaf, seconded by Swenson, moved to set a Council Workshop date of Wednesday, May 22 at 6 :00 p.m. at City Hall to discuss proposed tobacco regulation. Carried 5-0 . Unfinished Business Computer Presentation - John Redpath and Dale Deters were present from Tautges, Redpath, Inc. to address questions from the Council on the proposed computer system. There was considerable discussion of whether the proposed system would fit the needs of the Council . Council reached agreement that its needs could be met cheaper by fax machines rather than by a computer system. Councilmember Swenson, seconded by Schaaf, moved to direct city staff to research the costs of purchasing Fax machines for the Councilmembers . Carried 5-0 . Council Compensation - Councilmember Schaaf, seconded by Swenson, moved to table discussion on this item until next meeting, Tuesday, May 28, 1996 . Carried 5-0 . . _ s- - - _ - -. _ _ . ' I41 f. i. '00_ - There was considerable discussion of this issue . No action was taken. 05-09-96 09 :46 AM FROM JANET BERT, ATTY. TO 613 4,9 05 i4 óLOSURE 1 F�J1 It's illegal to sell cigarettes to teenagers in Minnesota, but some communities enforce the Iaw strictly; others do not. When teens went undercover to try to buy cigarettes,guess where they found it easiest. Many stores in Minnesota stillselling selling cigarettes to teenagers, study finds By Conrad donative nited a long-running controversy era' Hubert Humphrey 111, the Star Tribune Staff Writer over how best to keep kids away state's most prominent crusader from cigarettes. against teen smoking. The first widespread survey of In the Minnesota communities But retail and tobacco industry compliance with Minnesota's ban with strong local penalties for representatives used the results on tobacco sales to minors has merchants who sell to minors, to argue exactly the opposite: found that underage buyers were only 21 percent of attempted that statewide controls are need- able to buy cigarettes at more buys by undercover teenagers in ed to attack underage smoking in than a third of the stores visited. the study were successful, In places lacking tough local laws. The results released Monday communities without such penal- showed similarities with national ties, the success rate was more Turn to TOBACCO on A8 for: studies showing that more than than twice as high:49 percent. --Bill failed in 1996 Legislature. •two-thirds of U.S. stores sell to- "These findings show that lo- Also on A8: bacco to children under Id. But cal ordinances can literally save —Results of compliance checks in the Minnesota findings also reig- young lives." said Attorney (len- metro area communities. At a glance: . Cities with youth Ocoee*ordinances Tobacco sales to minors Sh 39% An antismoking project led by the Plom oouth 36% Minnesota Health Department and NorthFal5t.Paul 20% the Minnesota division of the Amer'. Shore iewHei126% can Cancer Society tested whether StillShoreview 1 % stores are illegally selling tobacco New Brighton _ 14%% to minors.Under the supervision of New Brighton 9% Eden Prairie 7% adults,children under age 19 tried to buy tobacco In 914 stores in 49 Cities without ordinances communities around the state.The Prior Lake 100% tests showed that In communities Rain:,ey 100% with local ordinances regulating to- St.004 Beach 100% bacco sales,stores were less*WY Forest Lake 84% to sell tobacco to minors.Hero are Oak Park Heights 75%. the results of the compliance Wayzata 73% checks in metro area communities. Bloomington 67% Hopkins 67% Burnsville 52% South St.Paul 35% White Bear Lake _....33% Richfield ..... ...--30% Inver Grove Heights ...............»».».».12% 'Maplewood . ..... ...-_ .. ... _..._....10% Bayport ,.»».»».»........»...........__._...._._...0% Lake Elmo....»..» 0% Lakeland .... 0% 05-09-96 09: 6 All FROM JANEr Er, ATTY. TO 512 439 0 . 4 ,,PAGE A8•STAR TRIBUNE* ' TOBACCO from AI Many Minnesota stores sell tobacco to minors, study says "If we had a law that every in the spot checks, none of the retailer across the state had to 19 cities and townships with comply with, the rate could be strong local tobacco laws had even better," said Judy Cook, ! more than 49 percent noncompli- president of the Minnesota Retail ance. The spot checks were con- Ivherchants Association. ducted at 914 stores over the past ' ' In the 1996 legislative session, seven months by youths working retailers backed such a bill,which j with adult supervision.The pro- they touted as the strongest In ject was sponsored by the Minne- the nation. But it failed because sots Health Department and the of their insistence that it also bar Minnesota division of the Ameri- local governments from enacting can Cancer Society. anything tougher. Antismoking In some places. new laws pro- forces refused to accept that pro- duced startling results. In Fergus vision, called local preemption. Falls, for example. compliance ' and considered the bill's defeat a checks before passage of a local ' victory for their cause. ordinance showed 50 percent of Jeanne Weigum, president of the stores selling to minors. In the Association for Nonsmokers- the latest survey.that was cut to 3 Minnesota, said the bill was un- percent. acceptable because its penalties Noncompliance in areas with- against merchants were too weak. out local laws ranged from 0 to In addition,she said, the political 100 percent. One of the 100 per- process of enacting local tobacco Cent towns was Rush City, in the ordinances raises community district of the local preemption awareness and involvement in bill's sponsor, DFL Rep. Loren the teen smoking issue in a way Jennings. that state legislation cannot. Minneapolis and St. Paul were "These findings show why to- not included in the survey,which bacco lobbyists are pulling out all covered towns in 22 counties. the stops to try to ban local to- Prior Lake, Bloomington, Forest bacco ordinances." Humphrey Lake,Hopkins,Oak Park Heights, said. "They know that if kids Ramsey and Wayzata —all Twin dun't start smoking as minors. . . Cities suburbs without strong or- most won't start at all." • dinances—showed at least two- Under state law,selling tobac- thirds of stores selling to minors. co to a minor is a gross misde- "It was kind of weird that so nieanor. It is seldom enforced many clerks sold to me,"said one against store clerks, however,and undercover 17-year-old who got contains no penalties for propri- cigarettes at 12 of 16 stores in eters.A growing number of cities Bloomington. "1 don't think I have enacted such penalties, look like I'm 18, but they just set ranging from fines to license sus- the cigarettes on the counter and pensions and revocations, but said,'Here you go.' " many more have not.