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3790 <br />TO:Mayor and City Council <br />FROM: Mark E. Bernhacdson, City Administratoiy <br />10 O'DATE: March 9, 1990 <br />SUBJECT: Cigac<*tte Vending Machine* Sales <br />Attachment: A. Draft Language to Ordinance 5.24 <br />B. Orono Ordinance 5.24 <br />C. Memo to Vending Machine Licensees Dated 2/28/90 <br />D. Star Tribune Article Dated 3/7/90 <br />E. Cigarette Machine Memo Dated 2/20/90 <br />ISSUE - Consideration for adoption of ordinance language <br />restricting vending machine sales to places where minors are <br />prohibited. <br />INTRODUCTION - At the Council's Febraury 26, 1990 meeting they <br />directed' thTt staff draft language related to allowing cigarette <br />vending machines where minors are prohibited. Dorothy Hallin has <br />indicated to license holders that this issue would be on the <br />March 12 agenda. <br />DISCUSSION - In a review of ordinance language with an associate <br />of Tom Barrett's it was felt ordinance language to the effect <br />that its allowed only where those under 18 years of age are <br />prohibited (unless accompained by at least one parent or <br />guardian) could be vague and cha 1 lengable. As a result, the <br />draft language relates it to the existing class of licensee <br />holders of on sale intoxicating liquor, which seems to get at the <br />same age group. Of the current licensees in the City of Orono <br />this would allow machines at Jimmies and the Wayzata Country <br />Club. (It should be remembered that under State law and local <br />ordinance regarding intoxicating liquor persons under 18 can be <br />at even these establishments as busboys, dishwashers or <br />musicians.) <br />Licenses with on sale non-intoxicating malt liquor are prohibited <br />from allowing minors in the same room where non intoxicating malt <br />liquor is served by local ordinance but not the State law. <br />(Current cigarette vending license holders in this category are <br />Navarre Lanes and Lakeview Golf Course.) <br />The second section of the ordinance amendment specifically limits <br />the purchase by those under 18 in local ordinance. <br />As noted in the attachroen a proposed State law would allow it <br />not only in bars, but al. . liquor stores and workplaces. For <br />Orono current licensees which would be permitted under tne <br />proposed State Statute ^staff has not seen a copy) would be WSI <br />as a work place. (This bill which was towas tabled in the Senate Committee which IS expected to kill it <br />for the session.)