05-22-1996 Council Agenda - Laserfiche WebLink

Home Browse Search

Regulating tobacco sales KENT SULEM tudies indicate that a vast majority of smokers start smoking by the time they are 18. Studies also show that if individuals can make it to 18 without starting to smoke, they will likely never become smokers. Minnesota Statute 609.685 makes it illegal to sell tobacco and tobacco related products and devices to anyone under the age of 18 years. The statute also makes it a misdemeanor for any person under the age of 18 to possess tobacco or tobacco related products and devices. Despite these legal prohibitions, it is a common sight to see groups of teenagers smoking outside of school buildings, fast food restaurants and other popular teen hangouts. Cities frequently ask two questions when faced with the issue of smoking by minors. The first question is, "Why should cities worry about this prob- lem?" There are several reasons why cities should be interested in curbing illegal smoking by minors. First, smoking by minors is a violation of the law. Cities should always be interested in reducing the amount of illegal activities occurring within their limits. Second, and related to the first reason, a city's overall image is enhanced by creating a cleaner and healthier environment for its youth and adults. Finally, smoking related health care costs drain federal and state budgets of millions of dollars per year. Tightly enforcing the law and reducing the number of underage smokers will help reduce government spending for smoking related health care costs, thus freeing up funds to be used for other city interests. The second question cities ask when confronted with the problem of smoking by minors is, "What can we do about it ?" This question is answered by state law authorizing cities to adopt an ordinance at least as restrictive as the requirements of M.S. 609.685. Such an ordinance would allow a city to take responsibility for enforcing the prohibition of the sale to and the possession by minors of tobacco and tobacco related products and devices. Several cities across Minnesota. and nationwide. have already adopted very strong ordinances regulating the sale and possession of tobacco and tobacco products and devices. Some cities in the United States are also adopting new and innovative ways to combat the problem. The courts appear to be allowing increasingly restrictive regulations as long as the primary purpose of the ordinances is to prohibit unlawful access by youth to tobacco and tobacco related products and devices. Restric- tions on the advertising of cigarettes and other tobacco products and related devices are also becoming increasingly popular. Several decided and current cases will determine the extent that such advertisements can be restricted. A city interested in regulating the sale of tobacco and tobacco related products and devices to minors, should consider adopting the following types of provisions: Require all vendors of tobacco and tobacco related products and devices to obtain a license to sell such items. Treat the license like any other license, but set the fee high enough to help cover minimal inspections of licensed premises. Fees of $200 to $500 per year are common. Some cities are finding success with a graduated fee schedule that sets the initial fee at an amount, such as $500, and provides discounts if the store owner agrees not to have vending machines, prohibits or restricts self - access, or trains the store's clerks in checking for age identification and in spotting false identification cards. A pro -rated fee schedule provides an incentive for the vendor to take some action, rather than relying solely on city regulations and involvement. The Page 120 ordinance should also provide that the illegal sale of tobacco or tobacco related products and devices shall be grounds for the suspension and /or revocation of the license. A graduated penalty scale is advisable with increas- ing suspensions for initial violations and revocation after multiple viola- tions. A penalty scale will encourage store owners to require their clerks to ask for proof of age before selling tobacco or tobacco related products and devices 10 anyone who appears to be under the age of 18 years. Regulate cigarette vending machines. Since vending machines offer minors easy access to tobacco products, the courts have been receptive to tight restrictions on such machines. Some cities completely ban vending ma- chines, while others require that machines have restricted access and be in the plain view of employees so that only persons who are at least 18 can obtain cigarettes. Prohibit self - service stations of tobacco and tobacco products and devices. This provision would make it illegal for stores to have open racks of cigarettes. Tobacco and tobacco related products and devices would be kept behind the counter and would only be accessible to employees, thus reducing access by minors as well as cutting down on the risk of shoplifting. At the very least, a city should prohibit the self - service display of individual packages of cigarettes. Make it a misdemeanor for minors to possess tobacco or tobacco related products and • devices. The ordinance should also make it a misdemeanor to alter one's age by use of false identification, or by use of another person's identification. This is the current law, but such a provision allows for easier local enforcement. In addition, the ordinance should define all major terms and specify enforcement procedures, such as the right of the city to perform random ...- MINNESGTA C;T:ES AUGUS -'^-: .3