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. . . ARDEN HILLS CITY COUNCIL - APRIL 26,1999 12 stricter enforcement. If the City were interested in banning all cigarette vending machines, this would require a Federal waiver that the League of Minnesota Cities would handle. The law requires that at least a 30 day notice be given to licensees prior to amending an ordinance. Formal notice was provided to the licensees the week of March 15, 1999. One vendor requested clarification whether or not vending machines could be placed in a basement or locked away from access to minors, City Attorney Filla had indicated that this would be an appropriate opportunity for establishments to maintain vending machines, Some establishments in New Brighton have apparently used this technique. With regard to the pending law suit, Attorney Filla has indicated that, until such time that the District Court rules on the lawsuit, there is no need to amend the ordinance, Should the courts make a decision that requires a change to the ordinance, staffwill provide the recommended change to the City Council. Mr. Fritsinger advised that the City Council is asked to adopt Ordinance #310, "Relating to the Sale, Possession, and Use of Tobacco Products, and Tobacco Related Devices in the City of Arden Hills," and direct the City Administrator to publish a summary of such Ordinance. Councilmember Malone asked if a store clerk at a gas station selling tobacco products must be 18 years old or older. Attorney Filla stated he was not sure since many people under the age of 18 work as store clerks. Councilmember Malone stated he could not see what the problem is with vending machines. The machines control the dispensing of the product and prevent stealing. Mr. Fritsinger indicated that the Big 10 Super C1nb has a vending machine that uses tokens, The customer brings their money to the person behind the bar and is supplied with the tokens for the machine. He indicated that this machine would no longer be allowed because it is located in an establishment where minors could have access to it. Councilmember Malone referred to the seventh line under the Purpose section of the ordinance which states, "Smoking has been shown to be the cause of several serious health problems..."He stated that he has a problem with the language as it cannot be proven that smoking causes the health problems, He suggested the sentence be stricken or changed to read, "The City believes smoking may be the cause of several serious health problems..." Without changing the sentence it would be factually incorrect. Mr. Fritsinger stated that he would have no problem changing the sentence. Councilmember Larson stated that he disagrees with Councilmember Malone. He indicated that when conducting trials in the health field and looking for cause and effect relationships, there never is a definitive answer, however, there is the weight of the evidence. When weighing the evidence of smoking, smoking appears to contribute to health etIects. The sentence being referred to was important because it indicates why the City feels the ordinance is appropriate. If the sentence is removed, it takes out a significant reason for adopting the ordinance.