CCP 02-10-1997 - Laserfiche WebLink

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I and dealing with problems that may arise. These training opportunities are limited but increasing . -. in popularity. Before a city decides to impose this requirement, it needs to find a program it is satisfied with that will meet the training requirements and achieve the results the city wants to see. Restrict the Age of Clerks. At least two Minnesota cities prohibit anyone under the age of I eighteen from selling tobacco, tobacco products, and tobacco related devices. Under this type of ordinance provision, a 16 or 17 year old clerk would need to request that a clerk who has reached . the age of at least 18 years assist a customer seeking to a restricted item. While there is no express statutory authority for this type of restriction, it is more likely to present logistical and not legal problems. Cities that have adopted this type of restriction base it on the similar . language used by statute for alcoholic beverages. Before adopting this type of restriction, a city should consider the potential impact on the job market for minors, as well as employee availability for merchants. . Restrict Location of Sales. This approach is very common for liquor sales, adult uses, and other . types of activities considered harmful to minors, and it should be equally defendable for tobacco licensing. Through a combination of the licensing and zoning ordinances of the city, the city can make it illegal to sell tobacco, tobacco products, and tobacco related devices within certain I districts and within certain setback distances from other uses. For example, the city could prohibit sales within SOD feet of schools, churches, residential areas, and other common areas frequented by minors. .. Signage. Licensees would be required to post signs indicating that it is illegal to sell tobacco, tobacco products, and tobacco related devices to anyone under the age of 18 years, and that the . possession and use of such items by minors is also illegal under both State law and the local ordinance. Such signs give notice to the minors and serve as reminders to clerks to check identifications when there is any doubt about a person being of legal age. Before adopting this . requirement, a city should determine the type of signs it would want, and perhaps consider providing them as a part of issuing the license (the cost could be incorporated into the license fee or billed separately). I Sponsorship of events at public locations. Some cities have adopted policies prohibiting I tobacco companies from advertising at public parks, etc. and any private group using the public facility must agree not to allow tobacco based sponsors to advertise by means of car painting, placards, billboards, clothing ,etc. There are some potential constitutional challenges . to this type of restriction based on equal protection and free speech, but if done correctly, this regulation has worked and should be defensible. I I .. . -----...---