HomeMy WebLinkAbout1995-06-06 CC Packet
REVISED AGENDA **
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 95-20
JUNE 6,1995
.
REGULAR MEETING
RECESSED MEETING
4:30 P.M.
7:00 P.M.
4:30 P.M. AGENDA
CALL TO ORDER
ROLL CALL
1. Chuck Thell, McGladdrey & Pullen - 1994 Financial Report
2. Peter Smith, BWBR Architects - Update on Public Facilities feasibility study
3. Update on new armory - Ed Cain
4. Request for city assistance for treatment of Lily Lake - Ed Cain
STAFF REPORTS
1. Finance Director
2. Police Chief
3. Public Works Director
4. Community Dev. Director
5. Parks & Recreation
6. City Engineer
7. Consulting Engineer
8. City Clerk
9. Fire Chief
10. Building Official
11. City Attorney
12. City Coordinator
7:00 P.M. AGENDA
CALL TO ORDER
INVOCATION
ROLL CALL
APPROVAL OF MINUTES - March 7, 1995, April 4, 1995, and May 2, 1995 - Executive Sessions;
May 2, 1995 - Regular and Recessed Meetings; May 9, 1995 - Special Meeting; May 16, 1995 -
Special and Regular Meetings; May 30, 1995- Special Meeting.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Suzanne Schilling, Hope House - Request to block street for auction
OPEN FORUM
The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the
meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff
regarding investigation of the concerns expressed.
.
CONSENT AGENDA *
1. Resolution 95-124: Directing Payment of Bills.
2. Contractors Licenses - New and Renewal
3. Submit Claims against the City to insurance carrier
4. Approving Request for Exemption from Lawful Gambling License - Church of St. Michael
5. Approving City Clerk attendance at Municipal Clerks Institute
6. Deferral of assessment for permanently disabled property owner
7. Temporary on-sale license for non-intoxicating liquor - Camp Courage fundraiser
8. Vacation of existing and establishment of new drainage easement for Calibre Ridge
Subdivision, Paul Schaefer, applicant. Resolution: Approving vacation of easement.
9. Purchase of mowers - Parks Department
10. Resolution: Approving employment of lifeguards for Lily Lake Beach
11. Purchase of turnout gear - Fire Department
City Council Agenda No. 95-20
June 6, 1995
12. Purchase of office equipment - Engineering
13. Resolution: Approving employment of part-time workers - Public Works
14. Pedestrianlbike trail construction in Benson Park
PUBLIC HEARINGS
1. Case No. BM/95-37. This is the day and time for the public hearing to consider a building
moving permit request to move a building to 619 West Anderson Street, David Harvieux,
applicant. Notice of the hearing was placed in the Stillwater Gazette on May 26, 1995, and
notices mailed to affected property owners.
.
UNFINISHED BUSINESS
1. a. Possible second reading of ordinance permitting NSP to erect gas distribution system
b. Possible second reading of ordinance permitting NSP to erect electric distribution system
2. Autumn Wood, L.I. 314
a. Resolution: Approving Development Agreement, Autumn Wood, L.I. 314
b. Final Plat approval for 20-lot townhouse subdivision located east of CR 5 at Croixwood
Boulevard in the RB Duplex Residential District, John Roettger, Applicant. Case No.
SUB/PUD/94-63. Resolution: Approving Final Plat (Continued from May 16 meeting)
c. Request to construct two 2-unit townhouse structures in advance of public improvements at
Autumn Wood project (Case SUB/PUD/94-63) John Roettger, applicant. (Continued from
May 16 meeting
3. Schedule for continued consideration of Comprehensive Plan
4. Possible second reading of ordinance restricting sale and use of tobacco products by minors
NEW BUSINESS
1. Possible first reading of ordinance establishing permit fees for tank removal
2. Request for street light extension - Andrew Kass, Thomas O'Brien
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued)
COMMUNICA TIONS/REQUESTS
COUNCIL REQUEST ITEMS
STAFF REPORTS (continued)
ADJOURNMENT
Possible adjournment to Executive Session to discuss special assessment appeals -
L.I. 301, Stillwater Market Place Project and L.I. 284, Myrtle Street Drainage Project
* All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one .
motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which
event, the items will be removed from the consent agenda and considered separately.
** Change in order of agenda items only
2
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MEMORANDUM
TO:
Mayor and Council
FROM:
City Clerk
DATE:
June 6, 1995
SUBJECT:
Additions/Changes to Council Packet and Agenda
CHANGES TO AGENDA
The order of items under Old Business has been changed. No items were added or deleted.
ADDITIONS TO COUNCIL PACKET
1. Revised Agenda
2. Item 3, 4:30 Agenda: Ed Cain - Resolution re: armory
3. Staff Reports
Police Chief: Resolution approving employment of Patrol Officer
4. Consent Agenda
Item No.1: List of Bills
Item No. 13: Resolution approving employment of part-time workers - Public
Works
5.
Old Business:
Item No.4:
Updated lists of requests to address Council re: Tobacco
Ordinance
6. Resubmitted: Communication from Charter Commission re: invitation to attend
June 19 Charter Commission meeting
\Council\dad
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RESOLUTION NO.
D,'; .~Fr
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THE CITY OF STILLWATER, MINNESOTA
WHEREAS, the history of the Minnesota National Guard at
Stillwater began with the organization of the Minnesota
Enrolled Militia at Stillwater on 29 April 1861 at Fort
Snelling, Minnesota as Company B, 1 st Regiment, Minnesota
Volunteers; and
WHEREAS, the Unit served gallantly in twelve campaigns
of the Civil War, and was called to National service for
every major United States conflict through World War II, and
was honored with the French Croix de Guerre with Palm, and
the Streamer HBelvedereu in World War II; and
Whereas, members of the Stillwater Headquarters Company,
1st Brigade served in Korea, Viet Nam, and Dessert Storm; and
WHEREAS, the Headquarters and Headquarters Company of
the 1st Brigade at Stillwater has served in numerous State
civil emergencies and natural disasters since its'
organization 134 years ago; and .
WHEREAS, the Stillwater Unit continues to provide civil
defense services to the St. Croix Valley and the State of
Minnesota; and
WHEREAS, Stillwater Unit takes an active role in the
community, making its' facilities available for Boy Scout
Troops, community antique shows, and recreational activities.
Whereas, the existing facility is 73 years old, it can
not accommodate the military vehicles assigned to their
command, and is too small to adequately provide the needed
serve the others to units within the 1st Brigade; and
WHEREAS, the City of Stillwater, in 1991, donated eight
acres of land in the industrial park area at a market price
of $250,000 for the purpose of constructing a new National
Guard facility;
WHEREAS, such a facility would be so constructed to
accommodate the addition of other community facilities,
either before, simultaneously, or after the new armory was
built; and
WHEREAS, the newly constructed armory would be available
for use within the community when not being used for National
Guard functions; and
WHEREAS, the construction of a new armory is the first
priority of the State.
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NOW, THEREFORE, BE IT RESOLVED:
That the City of Stillwater urgently requests the
United States Congress to authorize and appropriate $ 2.695
million for 75% of the cost of constructing a new National
Guard Armo~ in Stillwater, Minnesota on the land donated by
the City.
THEREFORE, the Clerk of the City of Stillwater shall be,
and is hereby directed, to transmit three copies of this
resolution to the Chairman and Ranking Member of the Milita~
Construction Subcommittees of the House and Senate
Appropriations Committees, and others specified.
'.
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IaJ 001
06/01/95 14:25 F.~ 612 222 8961
BWBR ARCHITECTS
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BWBR ARCHITECTS June 1, 1995
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Mr. Nile Kriesel
City Administrator
Stillwater aty Hall
216 North Fourth Street
Stillwater, MN 55082
RE: Stillwater Public W orks/ParkslPolicelFire
r\r~hilcclll"c - [nicolilll f>t:si!',n Feasibility Study
BWBR Commission No. 95045
Dear Nile:
We are submitting this letter to indicate our interest in meeting briefly with the
City Council at the June 6, 1995 Work Session to update them on the above
Feasibility Study. We have met with both Police, rlI'C, and Public Work.~, and
toured each of the facilities as part of our infonnation gathering phase of the
Feasibility Study. We are now in the process of analyzing that information and
identifying specific space needs for pricing by OWO. Our goal is to have
conceptual pricing to accormnodate these facilities in time for the June 20, 1995
City Council meeting. At present, we still anticipate that thic; is a realistic goal.
Our need for the June 6, 199~ Council Work Session would be approximately
10 to 20 minuteS where we would explain the status of the Feasibility Study as
well as explain what the end result of this Study will be to give the Council
some comfort level with the direction we are heading. If you have any
questions with regard to the status of this study, please feel free to give me a
call
Sincerely,
BWBR ARCHITECTS~ INC.
~~
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400 Sibky SlrecH Suil.: 500
$1, f'i".I. Minnesuta S~l()l
Project Manager
cc: Jay Sleiter, BWBR
Dennis Vonasek, BWBR
oJ:! 222,70]
t".~x td.2 21':~ X'}41/
.
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MEMORANDUM
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TO:
Mayor and City Council
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FROM:
Diane Deblon, Finance Director
DATE: June 6, 1995
SUBJECT: Fiscal Analysis for Comprehensive Plan
I have received a verbal quote from Tautges, Redpath and Co. (recommended by Ron Langness
from Springsted as an independent company with expertise in this area) for providing the City
with financial projections, etc. relating to the proposed annexation in the Comprehensive Plan.
The scope of the project would include a presentation of financial tables and notes, projections
including graphs with an estimated total hours of time at 280 hours and an estimated cost of
$15,000. (A detailed, comprehensive engagement letter would be presented for City Council
consideration at your next meeting.)
Inasmuch as the financial aspect of the annexation issues are a major concern and the fact that I
do not have the staff and time to do the evaluation in-house, I would highly recommend to the
City Council that it is in the City's best interest to approve the additional expenditures for
financial section of the Comprehensive Plan.
.
e.
~il~ate~
THE "'''''''' Of ."HESO~
MEMO
TO: Mayor and City Council ~
FROM: Diane Deblon, Finance Director
DATE: June 2, 1995
SUBJECT: 1996 Budget Calendar
Attached is the proposed 1996 Budget Calendar. Budget worksheets will be distributed to
departments by June 9. Additional information to departments will be any direction from the
City Council as to the level of expenditure increase. Also, departments will be required to
submit separately capital outlay schedules and personnel increases.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
1996 BUDGET CALENDAR
re
June 9
Budget worksheets distributed to all departments.
June 30
Budget worksheets due back to finance department. A separate capital outlay schedule is
also required from each department.
July 3 - July 21
Finance department assembles preliminary budget.
July 25 - 28
Council holds meetings with department heads.
August 1 - September 1
Finance department makes budget revisions and Council holds additional meetings, as
needed.
St(ptember 5
Adopt proposed budget @regular city council meeting.
Prior to September 15
Initial certification to the county of proposed levy and proposed budget.
e
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1-
MEMORANDUM
TO:
Mayor and Council
FROM:
City Coordinator
SUBJECT:
1996 Budget
DATE:
June 2, 1995
Finance Director Deblon will be providing Department Heads with the 1996 budget worksheets next
week and it is anticipated that the Council will begin meeting with staff on the budget on July 25th
(hopefully/). It would be helpful if the City Council could establish some guidelines for the 1996
budget-especially regarding the level of tax increase the council will be comfortable with. 1bis is
necessary because the history of the City's budgetary process shows that the budget requests
submitted by the Department Heads almost always exceeds the fmal adopted budget. It usually
requires several meetings with staff and council to pare the budget down to an acceptable level.
Therefore, I would recommend that the Council indicate a level of taxation increase that will be
acceptable to the council such as 0%,3%,5%, etc. For your information the predicted increase in the
Consumer Price Index for 1996 is about 2.5-3%. Washington County staff have not yet discussed their
budget situation with the COl.mty Board so I cannot tell you what the County will be using as a guide.
Mayor Kimble previously recommended adopting a Mission Directed Budget similar to what
Washington County is using. Basically, as Mayor Kimble previously explained, a portion of the
"savings" incurred at year end is given back to a department to be used for one-time expenditures
such as equipment, additional training, or a pilot project. Savings cannot be used for increased
staffmg, supporting operating costs, or items that will cause increased operating costs.
It is possible to adopt such a program for any savings that will be incurred at the end of 1995.
However, it would probably be best to do so for the end of the 1996 fiscal year. In any event staff will
present the Council with additional information and recommendations during the budget process.
Diane and I can discuss this further with you at the meeting Tuesday.
~
1#
MEMORANDUM
-
TO: Mayor and City Council
FROM:
Klayton Eckles, City Engineer \L..'t-.v'
DATE: June 1, 1995
SUBJECT: Update on Engineering and Public Works Operations
Discussion:
The purpose of this memo is to update the Council on the current activities of the Engineering
and Public Works staff. Below is a list of the tasks currently underway and future tasks listed in
a rough order of priority:
City Engineer Activities:
1. Reviewing consultant proposals for study of Stillwater Dump Site.
2. Review Trunk Hwy. 36 and Stillwater River Crossing Plans.
3. Engineering and Public Works office improvements.
4. Coordinate and work with developer on the Roettger development.
5. Assist in preparation of the Public Works facility study.
6. Continue coordination of the levee project.
7. Coordinate completion of environmental studies at North Third, 203 North Main, and
Deerpath.
8. Address street light request for Industrial Park.
Future City Engineer Projects:
1. Complete a capital improvements program.
2. Complete the 1996 Budget.
3. Update work rules for Public Works employees.
4. Conduct annual reviews of all employees.
5. Complete plans and specs for the Brick Pond project.
6. 1996 Street and Sidewalk Improvements.
7. Complete a storm water utility program.
Engineering Technician Activities:
1. Plans and specifications for a 1995 sealcoat.
2. Plans and specifications for a 1995 sidewalk project.
3. Oversee construction of 1995 projects.
4. Assist residents with grading and drainage issues.
5. Begin field work on Brick Pond plans and specs.
e
Construction Activities Currently Underway:
1. 1995 Street Project - scheduled to begin mid-June.
2. Kutz Addition and Pine Hill Estates - scheduled to begin mid-June.
3. Myrtle Street concrete rehabilitation - scheduled for completion in mid-June.
4. Punch lists for all 1994 projects - scheduled for completion in June.
5. 1995 Sidewalk Project - estimated start late August.
6. Wildwood Pines 5th Addition - scheduled start date mid-August.
7. Brick Pond improvements - scheduled start date September 1.
-
Public Works Activities:
1. Street sweeping - entire City completed first time in May; additional sweeping ongoing.
2. Hot mix matching of potholes - started May 15; ongoing another 4 to 6 weeks.
3. Crack filling - estimated start date mid-June, completion mid-July.
4. Sewer jetting - on-going throughout the summer.
5. Laurel Street step repair - completed June 1.
Parks Activities:
1. Park maintenance and clean-up - ongoing entire summer.
2. Pioneer Park improvements - starting mid-June.
3. Benson Park improvements - ongoing throughout summer.
4. Lowell Park grading and sod repair - to be completed in June.
These are the main items on which Engineering and Public Works staff are currently expending
time and resources. Some activities such as street sweeping and pothole and street repair are
ongoing activities and Public Works staff attempts to complete these repairs in the most efficient
manner. Council may at times receive calls from residents requesting their particular streets be
given special consideration. I believe the best response is to direct these calls to the Public
Works Department and we can work with the residents to address their concerns and/or educate
them as to our procedures. If the City Council desires a change in priorities Council should give
direction to me.
ei
tt MEMORANDUM
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TO: Mayor and City Council
FROM: Allen O. Zepper, Building Official
SUBJECT: Request for Purchase of New Truck
DATE: June 5, 1995
With the hiring of an additional person in the Public Works and with the replacement of Ann
Terwedo in Planning, we are short adequate vehicles in the Inspection Department, as Public Works
will be using the brown Mercury and Planning has requested the return of the gray Topaz.
With the anticipated hiring of a person in the Inspection Department, we had planned on purchasing
a new vehicle next year. We have now hired Cindy. I believe I have mentioned it at budget time
that we would be needing another vehicle. What I am requesting is to purchase that vehicle
approximately 6 months early. As you can see by the monthly reports, we have taken in sufficient
funds to pay for the entire year's operating budget for the department already and there are several
proposed projects in the works, so the revenues to purchase a vehicle will be there.
Attached are quotes from various vendors, you will note that one of Stillwater Ford's quotes is
basically what we are looking for in that it is a 4-wheel drive, straight stick with overdrive, 6-
cylinder, with air conditioning and radio. It is a vehicle that is in stock. Their other bid is basically
the same vehicle, except it is 2 wheel drive. Both are grey, which will match the other Inspection
Department vehicle for consistency. Superior Ford's bid is a 2-wheel drive with a much lower ratio
axle, automatic, but is School Bus Yellow in color. Stillwater Motors' quote is basically what we
need, but $3,000 more expensive than the Stillwater Ford quote as it is also a 2 wheel drive. I have
requested quotes from Brookman Motors and as of yet have not received them.
I.
.
.
Superior Ford Automatic 4x2 $12,865.00 Yellow In Stock
Stillwater Ford 5 Speed D.D. 4x2 $13,058.10 Grey 30 days Delivery
Stillwater Ford 5 speed D.D. 4x4 $14,759.10 Grey In Stock
Stillwater Motors Auto w/OD. 4x4 $16,729.00 Green In Stock
Stillwater Motors 5 speed O.D. 4x2 $13,245.00 Grey ?
Brookman Motors waiting for quote
Routson Motors Auto w/OD. 4x2 $15,681.0~ Gray ?
Routson Motors 5 speed OD 4x4 $16,107.53 Gray ?
What we have asked them to quote is Grey to match the existing vehicle, 6 cylinder, Air
Conditioning, Radio, two and four wheel drive and Automatic if possible, however I have no
problem with a straight stick. I prefer rubber floor mats but again, no real preference.
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Model & Factorynptions
LIST
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, TC10903
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'-~52<;
C5t1
C60
E63*
FE9
GU4
L84
t130
R9S
UM7
VK3
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2WD Regular Cab, 8 Ft~ Box. 131.5" WB
Mar ketingOptioi), package.)..
Front Be'hch'seat>
6100 Ibs. Gross Vehicle Weight Rating
Air Conditioning
Wideside Body
~ederal €missions
3.08 Rear Axle Ratio
4.3L (262 CID) Vb EFI Gas Engine
4-Speed Automatic Trans w/Overdrive
SL Decor ~
AM/FM. w/Seek-Scanand Clock
Front License Plate Bracket
Painted Rear Bumper w/Step Pad
'.F r ont P235/75R15 i~ 11
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~~: ~~~':f~1f::;';'\~-f;~<:5<':y'~ _..r....:~;j',;,),;~~$f< . ':--i'-~'"
15,197.00
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Page 2 of
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.".PREPAREDFOR: fAX 439-0456
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TotrilModel and options
Destination Charge
17,062.00
610.00
Total
17,672.00
Includes ~1anufacturer's Recommended Pre-Deliven' Se,-\): ..~::-.
Does not include dealer installed options and
. local taxes or licens8 fees.
~ Denotes an upgradable option.
** Denotes an upgraded option.
'95 Light Duty - Revised
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1995
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4WD Regular Cab. 8 Ft. Box, 131.5" we
"Special" Marketing Package 1
ont8enchS~at _
6100 Ibs. Gross Vehicie Weight Rating
Air Conditionins
Wideside Body
Federal Emissions
3.73 Rear Axle Ratio
4.3L (262 CID) V6 EFI Gas Engi~e
5-Speed Manual Trans w/Overdrive
SL Decor .
AM/FM, w/Seek-Scan and Clock
Front License Plate C,acKet
Painted Rear Bumper w/Step Pad
..,Front L T225/75R16/C All Season
;.::,.>.X81 Sieer ial"
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16,999.00
TK10903
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C60
E63
FE9
GT4
LB4
MGS
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17,S4-'t..OCi
Includes Manufacturer's Recommended Pre-Delivery Servics.
Does not include dealer installed options and accessories,
- 106al taxes orYicense f~es.
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** Denotes an upgraded option.
'95 Light Duty - _Revised 05-01-95
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May 30, 1995
CITY OF STILLWATER
A'l'TN: ZEPPER
1995 FORD F150 4x4
.
498A Package
587A."fI1 & "F"fI1 .Stereo jClock
99Y 6 Cy1 Engine
44M 5.SPD Manual OjD Trans
T7Q P235j75RX15XL
X19 3.55 Ratio Reg.Ax1e
21M Manual Locking Hubs
572 Air Conditioning
64C Chrome Styled Steel Wheels
C Cloth and Vinyl Bench Seat
Destination and Delivery
Special Added Discounts
National Man Trans-Air
Stripe Pkg.
No Trade
and Tax and License
Lloyd Potter
Sales Representative
.
Hwy. 36@ 5 . 12969 North 60th Street
Stillwater. Minnesota 55082
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FORD · LINCOLN · MERCURY. Inc.
$16,435.00
474.00
N/C
N/C
N/C
126.00
44.00
(60.00)
806.00
177.00
100.00
600.00
(250.00)
(806.00)
$17,520.00
254.00
$17,774.00
$141759.10
.
.
t:illlll'ater
June 5, 1995
CITY OF STILLWATER
1995 FORD F150 4x2
507A Package
52N Speed Control and Tilt
572 Air Conditioning
589 AM and FM Stereo/Cass/C1ock
593 Interior Enhancement/Light Grp.
64C Chrome Sty1er Steel Wheels
903 Power Door Locks/Windows
99Y 4.9 8FI 6 Cy1 Engine
44N 5 Speed Manual OlD Trans
X19 3.55 Ratio Reg.Ax1e
152 Tachometer
433 Sliding Rear Window
683 H.D. Rear Suspension Pkg.
768 Chrome Rear Step Bumper
Destination and Delivery
Special Added Discount
FORD · LINCOLN · MERCURY, Inc.
$14,530.00
3,517.00
44.00
59.00
113.00
94.00
..1Sn.nO
$18,507.00
. 615.00
$19,122.00
1,600.00
Bonus/Manual 1,306.00
TOTAL $16)216.00
No trade and Tax and License $13,058.10
Hwy. 36 @ 5 . 12969 North 60th Street
Stillwater, Minnesota 55082 Lloyd Potter
612-430-2400 Sales Representative
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ORDER ~: 575QAF/TRS STOCK NOi "
VIN SZ143701 5:' 5 ~. ..,.
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MODEL & FACTORY OPTIONS MSRP
CK10903 FLEETSIDE PICKUP-WIT 4WD 16879.00
e52 FRONT BENCH SEAT N/C
5M 6,100 LB GVW RATING N/C
E9 FEDERAL/MASSACHUSETTS EMISSIONS N/C
GT4 REAR AXLE - 3.73 RATIO N/C
LB4 4.3 LITER EFI V6 GAS ENGINE 0.00
M30 4 SPEED ELECTRONIC AUTOMATIC 930.00
TRANSMISSION WITH OVERDRIVE
P06 WHEEL TRIM RINGS
UM6 AM/FM STEREO W/CASSETTE & CLOCK
ViO COLD-CLIMATE PACKAGE
XHJ LT225/75R 16C OOR BW FRT TIRES
YHJ LT225/75R 16C OOR BW REAR TIRES
ZHJ LT225/75R 16C OOR BW SPARE TIRE
1SW PREFERRED EQUIPMENT GROUP 1SWX
13C GRAY CLOTH TRIM
38U TEAL GREEN METALLIC
60.00
147.00
33.00
22.00
22.00
11 .00
N/C
0.00
0.00
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SDwvATEi MOTOR COMPAN\'
. . FAMlLY OWNED SINCE 1922 ·
5900 Stillwater Boulevard North' P.O. Box 337
Stillwater, MN 55082
Bus: 439-4333
Fax: 439-4425
WiSe, RES.1-800-544-3592
Chet Orr
Sales & Leasing Consultant
TOTAL MODEL & OPTIONS
DESTINATION CHARGE
DEALER ADVERTISING
18104.00
610.00
(
TOTAL
18714.00
MEMO: TOTAL LESS HOLDBACK AND
APPROX WHOLESALE FINANCE CREDIT,
.
no "5/6 pr{~
nD d-'~D P '{ I ~
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MAY-31~1995 13:48 FROM SUPERIOR FORD
TO
4390456 P.01
". .:',':: :.,1 ,
I J T J1
'SUPERIOR
e: AX FLEET & GOVERNMENT SALES DEPARTMENT
TO: a~~
# OF PAGES SENT /
I
~
9700 56TH AVE. NO.
PLYMOUTH, MN 55442
PHONE 612-559-9111
FAX 612-559-5950
TO:
~ 0; JfiU0~
DATE
ATTN
PHONE
FAX
sf~( iq~
~-1~
YEAR MODEL COLOR-EXT INT
I
..
- F155 4X2 SPECIAL PICKUP/133 13272 00
SPCL. DLR. ACCT. ADJ. CR.
TOTAL BASE VEHICLE 13272 00
1023-221S11/15/94MN
1995 MODEL YEAR
~ SPECIAL PAINT
MOCHA CLOTH AND VINYL
PREFERRED EQUIPMENT PKG.498A '30 00
.AM/FM ELECTRONIC STEREO/CLOCK I
.ARGENT STYLED STEEL WHEELS I
I
99Y 4.9L EFt 1-' ENGINE NC'
44E ELECTRONIC 4-SPD AUTO TRANS 971:00
T77 .P235/75RX1SXL BSW ALL-SEASON I
XH8 3.08 RATIO LIMITED SLIP AXLE 252:00
205 .2 P/L 22'5/GVWR 6250 LBS :NC,
153 FRONT LICENSE PLATE BRACKET ,NC
41H ENGINE BLOCK HEATER 33100
572 AIR CONDITIONING -- CFC FREE ,e06:00
624 SUPER ENGINE COOLING 101:00 '
FLEET FUEL FILL DELETE NCt
7'C ARGENT REAR STEP BUMPER 100:00
C CLOTH AND VINYL BENCH 100.00
SPECIAL ORDER 58 503'
SPL PT SCHOOL BUS YELLOW
PT CODE M6284 YELLOW
SPCL. DLR. ACCT. ADJ. CR. 1>4*
TOTAL VEHICLE & OPTIONS 162'5 00 ;
DESTINATION & DELIVERY 600 00 : ,.
TOTAL BEFORE DISCOUNTS 1'8'5 00 .
..SPECXAL ADDED DISCOUNTS. 350 00"':
SCHEDULE A (MEMO) .00
I
TOTAL FOR VEHICLE 1'515:00
'T"r
TOTAL j
TRADE ALLOWANCE - UNIT# YR MAKE/MODEL
----.-
, ~ MILEAGE
~K YOU FOR THE OPP~RTUNITY TO ~T THIS QUOTATION.
PLEASE ~OU E5TI0N5.
BIll StUART OR tAROI HFNORTtKSON ~I ~FT MANAr.~RS
TOTAL NET
$
",~
~J::~CM
IMl.llED
.ne
..~'J~'!t co~
.
Ch.e-vy Tru.c:;::Jc.s
STILLWATER IIO'l"OR COIIPAMY
5900 STXLLWATBll BLVD
STILLWATER 101 55082
612 439 4333 FAX: 612 439 4425
PIU:PARBD BY: KRUSH
W~NDOW STICRER REPORT
Model
Pactory options
--------...------~-------------_.-_........------
CCI090J
lSW
lSZ
2WO Reg Cab 8' Box Work Truck
Preferred Equipment Group lSW
Preferred Equipment Group Discount
Tire Weight Tax - Model
Work Truck Package
Fleetside Body
6100 lbS GVWR
Federal Eaissions Requirements
Ho E$issions Override Desired
4.3 Liter V6 (262 eu In) EFI
s-Speed Manual with Overdrive LD
special Manual Transmission Discount
3.08 Rear Axle Ratio
P235/75R-15 All seasons Blackwall
Tire Weight Tax - Front Tires
P235/75R-15 All Seasons Blackwall
Tire weight Tax - Rear Tires
P235/75R-1S All seasons Blackwall
Tire Weight Tax - spare Tire
Cloth Bench Seat
Air conditioning
special Discount
AM/PM stereo ETR w/S&S, Digital Clock
Painted Rear step Bumper
Front License Plate Bracket
SOlid Paint
Quicksilver (Met)
Ho Lower Color Available
No stripe Available
Light Gray Cloth
No stripe color Available
X81
E63
C5M
.FE9
LB4
MG5
GU4
XFL
YFL
ZFL
A52
C60
V43
VJ(3
ZYl
96U
lJC
StJB'1'(1rAL
. . . . . . . . . . . . . . . . . . . . A . . . . . . . . . . · ,. . · . .. . . . .
i ~. mJtJS'l'llDTS .............. IIr .. . · . . · · · · . . . · . . · . . . . . . · .
DBSTIIIATIOII CIIAJl(JB ..................................
'J.I()"!.AI., RICE ...............................,.,.... - . - .
,. .
~ (In l)Ue r- lo..') LJ 0 L (, e
Vott r Cost
+ Ira rY) (.'heJ- 01...- r .
-
---
Page 1 of 2
06/01/1995
KSRP
_.......--_.......--
$ 13,937.00
$ 0.00
Hie
HIe
Package
H/C'
H/C
Hie
H/C
H/C
Hie
$ "500.00
H/C
H/C
Hie
!fIe
Hie
Hie
N/e
Hie
$ 805.00
$ -500.00
H/C
$ 130.00
Hie
N/C
H/C
Hie
H/e
Hie
Hie
---_.......-.----
$ 13,772.00
~'--- -",- - ---- -.
$ 0.00
$ 610.00
I j,~ ~
...
>
INSPECTION DATA
.
PERMITS ISSUED 1993 1994 1995 INSPECTIONS 1993 1994 1995
JANUARY 35 45 40 JANUARY 180 269 172
FEBRUARY 36 47 46 FEBRUARY 188 295 89
MARCH 81 75 67 MARCH 192 211 111
APRIL 106. 72 120 APRIL 205 281 205
MAY 97 83 111 MAY 289 201 213
JUNE 105 83 JUNE 264 186
JULY 113 109 JULY 281 201
AUGUST 118 165 AUGUST 265 292
SEPTEMBER 104 145 SEPTEMBER 212 303
OCTOBER 129 89 OCTOBER 323 188
I
NOVEMBER 65 91 NOVEMBER 319 276
!
DECEMBER 80 48 DECEMBER 265 112
TOTAL 1,069 1052 384 TOTAL 3,083 2,815 790
LIVING UNITS CONST UCTEO
1993 SLOGS UNITS 1994 SLOGS UNITS 1995 SLOGS UNITS
SINGLE FAMILY 109 109 129 129 29 29
TOWNHOUSE 4 18 4 8
TWIN HOMES 10 2.0 2 2 .3 2
TOTALS 123 147 135 139 32 35
TOTAL RESIDENTIAL UNITS DURING THE !(( 1991, 1992, 1993 Code Cycles = 508
.
.
Page 1
....
INCOME TO DATE
.
MONTH BUILDING PLAN REV. PLBG. MECH. TOTAL
JANUARY $2,233.50 $668.86 $329.00 $1,070.00 $4,301.36
FEBRUARY $13,733.00 $7,407.42 $595.00 $894.55 $22,629.97
MARCH $13,518.00 $6,985.26 $540.00 $395.00 $21,438.26
APRIL $27,894.50 $13,820.13 $2,289.75 $1,173.00 $45,177.38
MAY $10,353.00 $3,720.78 $3,115.00 $983.00 $18,171.78
JUNE $0.00
JULY $0.00
AUGUST $0.00
SEPTEMBER $0.00
OCTOBER $0.00
NOVEMBER $0.00
"'
DECEMBER $0.00
TOTAL $67,732.00 $32,602.45 $6,868.75 $4,515.55 "":'
.
.
Page 1
. ~
VALUE OF CONSTRUCTION TO DATE
.
MONTH BUILDING PLUMBING MECHANICAL ACCUMULATION
JANUARY $242,800.00 $96,349.00 $27,850.00 $366,999.00
FEBRUARY $2,692,716.00 $35,400.00 $80,455.00 $2,808,571.00
MARCH $2,179,300.00 $32,020.00 $29,000.00 $2,240,320.00
APRIL $6,361,070.00 $114,775.00 $97,830.00 $6,573,675.00
MAY $814,803.00 $227,300.00 $99,350.00 $1,141,453.00
JUNE $0.00
JULY $0.00
AUGUST $0.00
SEPTEMBER $0.00
OCTOBER $0.00
NOVEMBER $0.00
DECEMBER $0.00
TOTALS $12,290,689.00 $505,844.00 $334,485.00 $13,131,018.00
TOTAL VALUATION FOR 1994 = $22,009,572.00
TOTAL VALUATION FOR 1993 = $39,394,302.00
I.
I.
Page 1
,,"~
· lwa er
TIMOTHY J. BELL
CAPTAIN
DONALD L. BEBERG
. CHIEF OF POLICE
~
,
THE BIRTHPLACE OF MINNESOTA
POLICE DEPARTMENT
M E M 0 RAN DUM
FROM:
D.L. BEBERG, CHIEF OF POLICE
TO:
MAYOR KIMBLE AND THE CITY COUNCIL
RE:
JUNE 2, 1995
POLICE OFFICER REPLACEMENT/HIRING
DATE:
--------------------------------------------------------------------
IN THE LAST MEMO I SENT TO THE COUNCIL, I MADE MENTION OF THE FACT
THAT DOUGLAS SWANSON, OUR ADULT INVESTIGATOR, WAS GRANTED A FULL
MEDICAL DISABILITY THRU P.E.R.A.. DUE TO THE FACT THAT HE HAS BEEN ON
THE DEPARTMENT FOR 21 YEARS HE HAS A LOT OF SICK LEAVE AND VACATION
TIME COMING. THE COMBINATION OF THOSE TWO, MEANS THAT HE WILL BE ON
~ FULL PAY ON THE CITY PAYROLL THROUGH FEBRUARY 22, 1996.
NEEDLESS TO SAY, THIS IS AN UNKNOWN EXPENDITURE WHICH IS NOT IN
THE 1995 POLICE BUDGET. THE TOTAL COST FOR A NEW POLICE OFFICER FOR
6.5 MONTHS OF 1995, INCLUDING UNIFORMS, WILL BE $23,350.00 WHICH IS AT
THE 1995 CONTRACT RATE.
ATTACHED IS A COpy OF THE P.E.R.A. LETTER TO MR. SWANSON.
I AM ASKING FOR A REPLACEMENT PERSON FOR HIM AT THIS TIME, WHICH
IS THE NEXT CANDIDATE ON OUR LIST, TO BE EFFECTIVE JUNE 16, 1995. WE
WILL BE HIRING:
CARLA MARIE CINCOTTA
602 WEST OLIVE STREET
STILLWATER, MN.
D.O.B. 100370 (24)
SHE WOULD BE .SUBJECT TO PHYSICAL AND PSYCHOLOGICAL EXAMS, A
THOROUGH BACKGROUND CHECK AND THEN A 12 MONTH PROBATIONARY PERIOD.
95-43
.
212 North Fourth Street, Stillwater, Minnesota 55082
Business Phone: (612) 439-1314 · 439-1336 · FAX: 439-0456
Police Response I Assistance: 911
"'''~\'lo''r. .;''ii''''''
~ . ,;. '.,,:.,' c
r
..
'.
Public Employees Retirement Association of Minnesota
Suite 200 - Skyway Level
514 St. Peter Street
St. Paul, Minnesota 55102
(OFFICE) 612~296-7460
(TOLL FREE) 1-800-652-9026
(FAX) 612-297-2547
tlember No. 806489
May 22, 1995
Mr. Douglas A. Swanson
811 W ANDERSON ST
STILLWATER MN 55082
Dear Mr. Swanson:
This is to inform you that your application for total and permanent
disability benefits has beon approved. Your patience in bearing with
us until all paper work is completed will be appreciated.
We acknowledge receipt of your Release of Information.
We acknowledge receipt of your certificates of birth and marriage. A
copy has been placed in your file and you will find your original(s)
enclosed. '
.
If you have any questions, please do not hesitate to contact me.
Sincerely,
PUBLIC EMPLOYEES RETIREtlENT ASSOCIATION
~it:.:is:~
(612) 296-7496
PC/sk5
.
Equal Opportunity EmployN
Regular Meeting
STILL WATER CITY COUNCIL
MINUTES
May 2, 1995
e
4:30 p.m.
The meeting was called to order by Mayor Kimble.
Present:
Councilmembers Bealka, Cummings (arrived at 5:05 p.m.), Thole, Zoller
and Mayor Kimble
Absent:
None
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Fire Chief Ness
Police Chief Beberg
City Engineer Eckles
Public Works Director Junker
Parks Supervisor Thomsen
City Clerk Weldon
Others:
Barry Staberg, Washington County Assessor's Officer
Press:
Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
1. Board of Review.
Barry Staberg, Washington County Assessors Department, recommended a reduction in
valuation of Timothy Howard's property at 2001 Oak Glen Lane, to $209,600.
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the
recommendation of the County Assessor and reduce the valuation of one parcel of property. All
in favor.
2. Tim Schmolke. Solid Waste Advisory Committee
Tim Schmolke, Chairman of the Solid Waste Advisory Committee updated Council on
waste disposition forms and the County recycling grant.
Mayor Kimble reported that Gary Funke and Bill Fierke have resigned from the Dispute
Resolution Committee, and Craig Wallin has resigned from the Solid Waste Advisory
Committee.
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e
Stillwater City C01;1ncil Minutes
Regular Meeting
May 2, 1995
Mayor Kimble reported on the sale of Junker Sanitation. Mayor Kimble, City Attorney
Magnuson, and City Coordinator Kriesel will be meeting with the new owners next week.
Tim Schmolke requested to attend the meeting as a representative of the Solid Waste
Advisory Committee.
STAFF REPORTS
1. Police Chief -
Chief Beberg updated Council on the possible lease/purchase of a building at 2nd and
Olive. He also recommended Anthony Spencer be hired as Parking Enforcement
Officer (Consent Agenda item).
2. Public Works Director-
Public Works Director Junker reported that the street light on Main Street will be up on
Thursday, May 4.
3. Parks and Recreation -
Parks Director Thomsen requested employment of Robert Hamble for park security
(Consent Agenda item). He also requested the repair of the steps at Pioneer Park
(Consent Agenda item).
4. City Engineer -
City Engineer Eckles updated Council on the levee wall project. He also reported that a
meeting will be held May 3 at 7:00 p.m. regarding the Hoffbeck drainage issue.
5. City Clerk-
City Clerk Weldon discussed a possible ordinance regulating adult entertainment
businesses. (First Reading under New Business)
6. Fire Chief -
Fire Chief Ness reported that a new fire truck built by Custom Fire Apparatus will be
available for viewing.
e
2
STILL WATER CITY COUNCIL
MINUTES
Recessed Meeting May 2, 1995
The Meeting was called to order by Mayor Kimble.
e
7:00 p.m.
Present: Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Absent: None
Also Present: City Coordinator Kriesel
City Attorney Magnuson
City Engineer Eckles
Consulting Engineer Moore
Planning Commission Chairman Fontaine
City Clerk Weldon
Press: Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
APPROVAL OF MINUTES
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the minutes
of the Regular and Recessed Meetings of April 4; the Special Meeting of April 11; the Special
Meeting of April 17, and the Regular Meeting of April 18; amending the April 4 minutes
indicating Councilmember Cummings absent at the 4:30 meeting. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Proclamation - 50th Anniversary V -E Day
Mayor Kimble read a proclamation commemorating the 50th anniversary ofV-E Day on
May 8, 1995.
2. Judy Gulden. Friends of Stillwater Parks
Judy Gulden, Friends of Stillwater Parks, informed Council of a children's art exhibit on
May 4 at Lakeview Hospital, from 4:30 to 7:00 p.m.
3. Paul Lacy. 713 South 2nd Street
Paul Lacy addressed Council regarding the Kennel ordinance. He stated his concern that
"breeders" might not be included. City Attorney Magnuson amended the language for the
second reading to include the business of breeding dogs.
e
-
Stillwater City Council Minutes
Recessed Meeting
May 2, 1995
CONSENT AGENDA
Councilmember Cummings requested deletion of Item 6 because of possible forthcoming
gift of funds for parks.
Motion by Councilmember Cuminings, seconded by Councilmember Zoller to approve the
Consent Agenda of May 5, 1995, including the following, with the deletion ofItem No.6:
All in favor.
1. Resolution 95-106 Directing Payment of Bills.
2. Contractors Licenses.
3. Resolution 95-107 Approving site for gambling operation, Stillwater Knights of Columbus
Hall.
4. Resolution 95-108 Approving employment of Downtown Parking Enforcement Officer.
5. Resolution 95-109 Approving contract with Robert Hamble, park security.
6. Approving expenditures for Pioneer Pttrk improvements.
7. Resolution 95-110 Awarding Bids L.I. 305, Pine Hill Estates.
8. Resolution 95-111 Awarding Bid, L.I. 308, Kutz Addition.
9. Approving request to host softball tournament at Lily Lake.
10. Resolution 95-112 Approving site for gambling operation, Eagles Aerie 94 Stillwater.
Motion by Councilmember Cummings, seconded by Councilmember Thole to direct staff (Parks
and Recreation Board) to start the process of a park plan. All in favor.
PUBLIC HEARlNGS
1. Case No. SUBN/95-22. This is the day and time for the public hearing to consider a
subdivision and variance for a condominium conversion of an existing 5-unit apartment
building into a 4-unit condominium. The property is located at 320 South Fourth Street in
the RB, Two-Family Residential District. Ed Simonet, III, applicant.
Notice of the hearing was placed in the Stillwater Gazette on April 21, 1995, and notices
mailed to affected property owners.
Motion by Councilmember Cummings, seconded by Councilmember Thole to approve Case No.
SUBN/95-22, as conditioned. All in favor.
2. Case No. SUB/95-21. This is the day and time for the public hearing to consider a minor
subdivision of a 37,609 sq. ft. lot into two lots of 12,048 sq. ft. and 25,561 sq. ft. The
property is located at 1281 West Orleans in the RA, Single-Family Residential District. Don
Nolde, applicant.
Notice of the hearing was placed in the Stillwater Gazette on April 21, 1995, and notices
mailed to affected property owners.
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2
Stillwater City Council Minutes
Recessed Meeting
May 2, 1995
e
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve Case No.
SUB/95-21, amending the conditions of approval: A shall connect to city services, and B shall
connect to water. All in favor.
UNFINISHED BUSINESS
1. Update: Sealcoat Issues
City Engineer Eckles updated Council on the Eagle Ridge Court sealcoat issue. Council
heard from residents Carl Baglio, 1027 Eagle Ridge Court; Ross Reed, 1003 Eagle Ridge
Court; Grant Laforce, 1024 Eagle Ridge Court; and Teri Brodbek, 825 Eagle Ridge Lane.
Motion by Councilmember Zoller, seconded by Councilmember Thole to direct the City
Engineer and Consulting Engineer to mitigate the situation at Eagle Ridge Court as apriority.
All in favor.
(Council recessed at 8:20 p.m. and reconvened at 8:35 p.m.)
2. Possible Second Readinfi of Ordinance No. 812 - Peddlers' Licensinfi.
Motion by Councilmember Bealka, seconded by Councilmember Thole to have a second reading
of Ordinance No. 812, regulating peddler's licenses.
Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays - None
3. Possible second readinfi of Ordinance No. 813 - Refiulatinfi Kennels.
Motion by Councilmember Thole, seconded by Councilmember Bealka to have a second reading
of Ordinance No. 813 - Regulating Kennels, as amended.
Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble.
Nays - None
4. Update: EIS Comments to MN/DOT.
Council directed staff to submit a copy of the City's comments to Council prior to the May
16 submission.
3
e
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Stillwater City Council Minutes
Recessed Meeting
May 2, 1995
5. Update: Washington County Comprehensive Plan.
Motion by Councilmember Cummings, seconded by Councilmember Zoller to approve the
comment letter to Washington County, with one correction as noted, and to direct the Mayor to
sign the letter. Ayes - 4; Nays - 0; Abstain - 1, Councilmember Bealka.
NEW BUSINESS
1. First Reading of Ordinance by Title: Regulating Adult Entertainment Businesses.
Motion by Councilmember Cummings, seconded by Councilmember Thole to have a first
reading by title of an ordinance amending the City Code by adding a section regulating adult
entertainment businesses. All in favor.
2. Ordering improvement and preparation of plans. Calibre Ridge. L.I. 313.
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate
Resolution ordering the improvement and preparation of plans, Calibre Ridge, L.I. 313,
contingent upon signing of the development agreement. (Resolution 95-113)
Ayes - Councilmembers Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays - None
COMMUNICA TIONS/REQUESTS
1. Letter: Brian Bates. Restrictions on tobacco advertising.
Brian Bates will appear at the May 16 Council meeting.
2. Stillwater Area Chamber of Commerce - Rivertown Art Festival.
Discussed under Staff Reports - City Coordinator.
COUNCIL REQUEST ITEMS
Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt the
appropriate Resolution supporting the Workers' Compensation Reform. (Resolution No. 95-114)
e
4
Stillwater City Council Minutes
Recessed Meeting
May 2, 1995
It
Ayes - Councilmember Bealka, Cummings, Thole, Zoller and Mayor Kimble
Nays - None
STAFF REPORTS (continued)
1. City Coordinator -
City Coordinator Kriesel noted that the Stillwater Township Board has submitted a position
statement on the draft comprehensive plan for the record.
ADJOURNMENT
Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn the meeting to
Executive Session at 9: 10 p.m. to discuss Quarry Lane assessment issues. All in favor.
MAYOR
ATTEST:
CITY CLERK
Resolutions:
No. 95-106 - Directing Payment of Bills
No. 95-107 - Approving site for gambling, Stillwater Knights of Columbus Hall
No. 95-108 - Employment of Downtown Parking Enforcement Officer
No. 95-109 - Approving contract with Robert Hamble, park security
No. 95-110 - Awarding Bid, L.I. 305, Pine Hill Estates
No. 95-111 - Awarding Bid, L.I. 308, Kutz Addition
No. 95-112 - Approving site for gambling, Eagles Aerie 94 Stillwater
No. 95-113 - Ordering improvement and preparation of plans, Calibre Ridge, L.I. 313
No. 95-114 - Supporting Workers' Compensation Reform
5
e
e
Special Meeting
STILL WATER CITY COUNCIL
MINUTES
May 9, 1995
7:30 p.m.
The Meeting was convened jointly by Mayor Kimble and Mayor O'Neal.
Present: Stillwater City Councilmembers Bealka, Cummings, Thole, Zoller and Mayor
Kimble
Oak Park Heights City Councilmembers Kern, Robert, Schaaf, Swenson and
Mayor O'Neal
Absent: None
Also Present: Stillwater City Coordinator Kriesel
Stillwater City Attorney Magnuson
Stillwater Community Development Director Russell
Stillwater City Clerk Weldon
Oak Park Heights City Administrator Robertson
Press: Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
Others: Richard Kilty
1. Joint meeting with City Council of Oak Park Heights to discuss issues related to new
interstate bridge.
Council met with the Oak Park Heights City Council to discuss each City's views on the
interstate bridge. The two Councils agreed to another joint meeting on May 30 at 7:00
p.m.
2. Other Business.
No other business was discussed.
ADJOURNMENT
Motion by Councilmember Thole, seconded by Councilmember Zoller to adjourn the meeting at
9:40 p.m. All in favor.
MAYOR
e
ATTEST:
CITY CLERK
Special Meeting
STILL WATER CITY COUNCIL
MINUTES
May 16, 1995
e
4:30 p.m.
The Meeting was called to order by Acting Mayor Zoller
Present:
Councilmembers Bealka, Thole, and Zoller
Absent:
Councilmembers Cummings and Mayor Kimble
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Finance Director Deblon
Police Chief Beberg
Community Development Director Russell
City Engineer Eckles
Fire Chief Ness
Consulting Engineer Moore
City Clerk Weldon
Press:
Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
1. Workshop: Public Facilities Projects.
Council met with Dick Olsen, GWO Construction and Pete Smith, BWBR Architects, to
discuss the public facilities projects.
Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt the appropriate
resolution accepting the proposal from BWBR Architects for a feasibility study for public works
facility, with the inclusion in the study of fire and police facilities. (Resolution 95-123)
Ayes - Councilmembers Bealka, Thole, and Zoller
Nays - None
Absent - Councilmember Cummings and Mayor Kimble
STAFF REPORTS
1. City Engineer -
City Engineer Eckles reported on Short Elliott Hendrickson's schedule of rates. He also
reported that the Laurel Street steps will be worked on during the next two weeks.
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e
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Stillwater City Council Minutes
Special Meeting
May 16, 1995
2. Consulting Engineer -
Consulting Engineer Moore reported on cost overrun on materials needed for Myrtle
Street Rehabilitation.
3. City Coordinator -
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the motion
picture production permit for Patchett Kaufman Entertainment. All in favor.
RECESS
Motion by Councilmember Thole, seconded by Councilmember Bealka to recess the meeting at
5:40 p.m. All in favor.
MAYOR
ATTEST:
CITY CLERK
Resolutions:
No. 95-123 - Accepting proposal from BWBR for feasibility study for public works facility
2
Regular Meeting
STILL WATER CITY COUNCIL
MINUTES
May 16, 1995
e
7:00 p.m.
The Meeting was called to order by Mayor Kimble.
Present: Councilmembers Bealka, Thole, Zoller and Mayor Kimble
Absent:
Cummings
Also Present:
City Coordinator Kriesel
City Attorney Magnuson
Community Development Director Russell
City Engineer Eckles
Police Chief Beberg
Fire Chief Ness
Consulting Engineer Peters
City Clerk Weldon
Press:
Julia Kink, The Courier
Mike Marsnik, Stillwater Gazette
APPROVAL OF MINUTES
Motion by Councilmember Thole, seconded by Councilmember Bealka to approve the minutes
of April 25, 1995 Special Meeting, as submitted. All in favor.
PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS
1. Proclamation: Honoring Older Americans and Senior Citizens.
Mayor Kimble summarized the proclamation. The original was presented and read at the
Senior Center at noon on May 16.
2. Commending James Stevensen. Retiring Firefighter.
Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt the appropriate
resolution commending James Stevensen, Retiring Firefighter. (Resolution 95-116)
Ayes - Councilmembers Bealka, Thole, Zoller and Mayor Kimble
Nays - None
Absent - Councilmember Cummings
el
e
Stillwater City Council Minutes
Regular Meeting
May 16, 1995
3. Commending Larry Buberl. Retiring Police Officer.
Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt the appropriate
resolution commending Larry Buberl, Retiring Police Officer.(Resolution 95-117)
yes - Councilmember Bealka, Thole, Zoller, and Mayor Kimble
- Co . .
4. Bradley Allen. Police Officer - Oath.
The City Clerk administered the Oath of Office to Bradley Allen, Police Officer.
5. Anthony Spencer. Parking Enforcement Officer - Oath.
The City Clerk administered the Oath of Office to Anthony Spencer, Parking
Enforcement Officer. Chief Beberg introduced Mr. Spencer to the Council.
6. Historic Preservation Awards.
Historic Preservation Commission Chairperson Jeff Johnson presented Historic
Preservation Awards to:
a. J.P. Laskin, 308 East Chestnut, for Restoration and Signage, (accepted by Debbie
Asch)
b. Mike McGuire, Commander Elevator, for Renovation.
c. David Paradeau, Minnesota Zephyr, for New Construction, (accepted by Jelle de Boef)
CONSENT AGENDA
Councilmember Bealka requested removal of No. 9 for discussion.
Motion by Councilmember Thole, seconded by Councilmember Zoller to approve the consent
agenda of May 16, 1995, deleting No.9, and including the following:
1. Directing Payment of Bills (Resolution 95-115).
2. Contractor's Licenses.
3. Approving request for refund of planning permit application fee - Deanne and Jon Stratte.
4. Submit claim against the City to insurance carrier.
5. Approving exemption from Lawful gambling license - Stillwater Wrestling Booster Club.
6. Request to host ball tournament at Lily Lake ballfields.
7. Approving Memorandum of Continuance for Goodwill Drop Off Center (Resolution 95-118)
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Stillwater City Council Minutes
Regular Meeting
May 16, 1995
e
8. Approving Change Order No.1, L.I. 300, Mulberry Street Reconstruction (Resolution 95-
119)
9. .c\l'l'roving employment of City Plmmcr.
Motion by Councilmember Zoller, seconded by Councilmember Thole to adopt the appropriate
resolution approving the employment of Sue Fitzgerald as City Planner. (Resolution 95-120)
Ayes - Councilmembers Thole, Zoller and Mayor Kimble
Nays - Councilmember Bealka
Absent - Councilmember Cummings
PUBLIC HEARINGS
1. Case No. V/95-36. Consideration of a variance to the rear yard setback requirements for
construction of a 32 x 32 foot carriage house with 2-foot setback, 25 feet required, at 602
North Main in the RB Duplex Residential District, Washington County Historical Society,
Applicant.
Notice of the hearing was placed in the Stillwater Gazette on May 10, 1995, and notices
mailed to affected property owners.
Motion by Councilmember Zoller, seconded by Councilmember Bealka to approve the variance
request and waive the building permit fees, for construction of a 32 x 32 foot carriage house at
602 North Main Street, Case No. V /95-36. All in favor.
UNFINISHED BUSINESS
1. Final Plat approval for 20-1ot townhouse subdivision located east of CR5 at Croixwood
Boulevard in the RB Duplex Residential District, John Roettger, Applicant, Case No.
SUB/PUD/94-63.
Motion by Councilmember Zoller, seconded by Councilmember Thole to continue Case No.
SUB/PUD/94-63 to the June 6 meeting. Ayes - 3; Nays - 0; Abstain - Bealka.
2. Request to construct two 2-unit townhouse structures in advance of public improvements at
Autumn Wood project, John Roettger, Applicant, Case No. SUB/PUD/94-63.
Motion by Councilmember Thole, seconded by Councilmember Zoller to continue Case No.
SUB/PUD/94-63 to the June 6 meeting. All in favor.
3
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Stillwater City Council Minutes
Regular Meeting
May 16, 1995
3. Receiving Report, Ordering Improvement and Preparation of Plans, 1.1. 309, Wildwood
Pines 5th Addition.
Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt the appropriate
resolution receiving report, ordering improvement and preparation of plans, 1.1. 309, Wildwood
Pines 5th Addition. (Resolution 95-121)
Ayes - Councilmember Bealka, Thole, Zoller and Mayor Kimble
Nays - None
Absent - Councilmember Cummings
4. Comments: Final Environmental Impact Statement (FEIS) for new St. Croix River crossing.
Motion by Councilmember Thole, seconded by Councilmember Zoller to direct the Mayor to
sign a letter to Minnesota Department of Transportation regarding the Final Environmental
Impact Statement for the new St. Croix River Crossing. All in favor.
(Council recessed at 8:20 p.m. and reconvened at 8:30 p.m.)
NEW BUSINESS
1. Request for septic, driveway, and building permit, North First Street.
Kevin LaCasse, representing Stacy Jo Thompson, agreed to the conditions of approval.
Motion by Councilmember Bealka, seconded by Councilmember Thole to approve the request by
Stacy Jo Thompson for a septic, driveway, and building permit, as conditioned. All in favor.
2. Accepting Bid, 1.1. 312, 1995 Street Projects.
Motion by Councilmember Thole, seconded by Councilmember Zoller to accept the Bid and
Award the Contract to Tower Asphalt, Inc., L.I. 312, for 1995 Street Projects. (Resolution No.
95-122)
Ayes - Councilmembers Bealka, Thole, Zoller and Mayor Kimble
Nays - None
Absent - Councilmember Cummings.
3. Approving Motion Picture Production Permit.
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Stillwater City Council Minutes
Regular Meeting
May 16, 1995
e
See Staff Report, City Coordinator (4:30 meeting).
COMMUNICA TIONS/REQUESTS
1. Metropolitan Council: Request for recommendations for appointments to Metropolitan Parks
and Open Space Commission.
No action taken.
COUNCIL REQUEST ITEMS
Councilmember Thole stated that City ordinance requires all dogs to be on a leash when off
the premises of the owner.
Council and City Engineer Eckles discussed the repair of City streets.
Motion by Councilmember Zoller, seconded by Councilmember Thole to authorize payment to
Burlington Northern to lay ballast in the tracks from the Minnesota Zephyr to the Andiamo area.
All in favor.
STAFF REPORTS
City Coordinator -
City Coordinator Kriesel reminded Council of grand openings/open houses:
Readex, May 18 at 4:30 p.m.
Simonet's, May 31 at 8:00 a.m.
Andersen Windows, June 17, 12 to 5 p.m.
Mr. Kriesel noted a request from the Memorial Day Association. Council directed the Parks
Department and Police Department to assist the Memorial Day Association as requested.
Mr. Kriesel also noted for Mark Benson, MN/DOT and Glen Van Wormer, City Traffic
Engineer will attend the joint meeting with Oak Park Heights on May 30.
Community Development Director Russell reported that he hopes to have a summary of
public comments on the Comprehensive Plan at the June 6 Council meeting. He suggested
that Council hold a workshop and give direction to the Planning Commission, and then hold
public hearings in July and August.
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Stillwater City Council Minutes
Regular Meeting
May 16, 1995
ADJOURNMENT
Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn the meeting at
9:00 p.m. All in favor.
MAYOR
ATTEST:
CITY CLERK
Resolutions:
No. 95-115 - Directing Payment of Bills
No. 95-116 - Commending James Stevensen, Retiring Firefighter
No. 95-117 - Commending Larry Buberl, Retiring Police Officer
No. 95-120 - Approving employment of Sue Fitzgerald as City Planner
No. 95-121 - Receiving Report, Ordering Improvement and Preparation of Plans, 1.1. 309,
Wildwood Pines 5th Addn.
No. 95-122 - Accepting Bid & Awarding Contract to Tower Asphalt, Inc., 1.1. 312, 1995 Street
Projects.
6
Special Meeting
STILL WATER CITY COUNCIL
MINUTES
May 30, 1995
e
7:30 p.m.
The Meeting was convened jointly by Mayor Kimble and Mayor O'Neal in the Council
Chambers of Oak Park Heights City Hall.
Present: Stillwater City Councilmembers Bealka, Cummings, Thole, Zoller and Mayor
Kimble
Oak Park Heights City Councilmembers Kern, Robert, Schaaf, Swenson and
Mayor O'Neal
Absent: None
Also Present: Stillwater City Coordinator Kriesel
Stillwater City Attorney Magnuson
Stillwater Community Development Director Russell
Oak Park Heights City Administrator Robertson
Oak Park Heights City Attorney Vierling
Glen Van Wormer, Consulting Traffic Engineer
Press: Julie Kink, The Courier
Mike Marsnik, Stillwater Gazette
Dennis Cassano, Starffribune
Others: Charles Siggerud and Mark Benson, MN/DOT
1. Joint meeting with City Council of Oak Park Heights to continue discussion of issues related
to new interstate bridge.
Council met with the Oak Park Heights City Council to continue discussion of each
City's views on the interstate bridge.
Glen Van Wormer, City of Stillwater Traffic Engineer, Chuck Siggerud, MN/DOT
engineer, and Mark Benson, MN/DOT engineer presented background information on the
proposed interstate bridge.
Each Council indicated that they would need to pursue their own interests because a
common position was not determined by the joint Councils.
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Stillwater City C~uncil Minutes
Special Meeting
May 30, 1995
2. Other Business.
Permit for Antique and Book Festival
Motion by Councilmember Cummings, seconded by Councilmember Thole to approve the
request for a permit for the Antique and Book Festival to be held June 2-4, 1995 on Main Street.
All in favor.
ADJOURNMENT
Motion by Councilmember Thole, seconded by Councilmember Zoller to adjourn the meeting at
9:12 p.m. All in favor.
MAYOR
ATTEST:
CITY CLERK
2
HOPE HOUSE
Of STCROIX VALLEY
451 North Everett Street
Stillwater, MN 55082
(612) 351-0907
Teresa vanderBent
Executive Director
Board of Directors
Chris Carriero
President
Mary Kay Kernan
Vice President
Kathleen Lock
Treasurer
Resa Silha
Secretary
Carol Bani ster
Ruth Beck
Greg Doyle
Chrys Gross
Todd Hesselink
Ron Kiel
Suzanne Schilling
etrickSheehan
5-26-95
Mayor Kimble
stillwater city Council
216 N 4th st
stillwater, Minnesota 55082
Dear Mayor Kimble and city Council,
Hope House of the st eroix Valley is host.in:J a live
Auction at the house on 6-24-95. Preview will begin at
9: OOam and the Auction at 11: OOam. We hope to have up
to 200 items to sell as well as baked goods from local
Church Auxiliaries and a food concession harxlled by the
stillwater !Dins or Jaycees.
Because of the size of this event, we feel that it would
be advantageous to spill this event over onto Everett
street, with tents on our driveway to cover the
Auctioneer and items for sale. Consequently, we would
like to block Everett street at our property line on the
south side and about 100 feet from our property line on
the north.
We have spoken with public works and Captain Bell at the
stillwater Police Deparbnent and neither feel that
public safety would be jeopardized since Everett is an
reasonable unpopulated street. '!hey have specified
moveable barricades for emergency vehicles.
In addition we have contacted all of the surrourrli.ng
neighbors, and they are supportive and will.in:J to acx::ept
the incolWenience that this event may cause them.
'Ihere, we respectively request that we be given
pennission to block Everett on 6-24-95 from 9: OOam rmtil
approximately 2:00pm.
.,
S~y, - ,.
~~
Board of Directors
/;>- ~~-g?7'i
SS/lw
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LIST OF BILLS
EXHIBIT "A" TO RESOLUTION NO. 95-124
A B M Equipment & Supply
AT&T
A-I Rootmaster
Amdahl, Chris
Ancom Communications
Bailey, Chuck
Bayport, City of
Blichfeldt Builders
Brookman Motors
Bryan Rock
Business Equipment Bokerage
Camiros
Carrot-Top Industries
CATCO
Cellular One
Century Labs
Copy Cat Printing
Courier
Croixland Excavating
Cy's Uniforms
DARE
Deblon, Diane
Del's Outdoor
Desch, Mark & Gloria
Earl F Anderson
Ecolab
Emergency Apparatus
Emergency Equipment Refurbishing
Fenna Construction
Fire Guard
First Trust
Franklin Quest
Friden Alcatel
Gagnon Printing
Gannon's Auto Body
George W Olsen Construction
Glaser, Paul
Gopher State One-Call
Gordon Iron & Metal
Greeder Electric
Harvest States Co-Op
Int'l Personnel Mgmt Assn
Junker Sanitation
Kangaroo Self Storage
Keyland Homes
Kriesel, Nile
Lake Country Door
League of MN Cities
Legislative Associates
Lind, Leslie & Gladys
Magnuson, David
Hose
Long Distance
Sewer Jetting-Broadway
Locksmith Services
Charger
Stair Repair-Laurel St
Perro Creek Participation
Grading Deposit Refund
Dodge 1 Ton Dump Truck
Crushed Rock
Recorders
Comp Plan
Flag-Lowell Park
Hydraulic Hose
Mobile Phone
Graffiti Remover
Business Cards-Allen
Legal Publications/Newsletter
Ditches-Storm Sewer
Uniform Supplies
DARE Supplies
Health Insurance
Chains
Parking Lease/Maintenance
Sign Blanks/Sheeting
Pest Elimination Services
Truck Maintenance
Repaint Ladder
Grading Deposit Reund
Sign Posts
Paying Agent Fees
Planner/Refills
Postage Meter Tapes
Business Cards-Fitzgerald
Paint Vactor Truck
UBC Building
Boiler Engineer
Utility Locates
Acetelyne
Service Calls
Live Trap
Memebership-Kriesel
Garbage Bags Sold
Storage Space Rental
Grading Deposit Refunds
Sign/Meals
Repair Door
Directories
Monthly Retainer
Land Purchase
Legal Services
36.97
50.10
40.00
122.00
342.42
7,500.00 .
1,072.50
1,500.00
21,812.45
76.31
73.18
37.50
144.25
41.71
114.46
76.42
161.02
1,185.41
240.00
12.67
64.70
354.31
41.49
742.30
699.60
218.33
2,310.43
5,000.00
1,500.00
378.08
462.50
276.74
65.70
29.02
376.20
21,511.57
200.00
12.00
34.08
932.00
72.55
95.00
181.25
176.00
10,500.00
93.50
48.00
368.10
500.00
927.00
12,957.90
McGladrey & Pullen
Metro Athletic Supply
Metro Fire
Midwest Machinery
Miller Excavating Inc
MN Blueprint
MN City/County Management Assn
MN Dept of Public Safety
MN Dept of Transportation
MN Sex Crimes Investigators Assn
MN Society of CPA's
Moore, Timothy
Motorola
Nardini Fire
North Star Int'l Trucks
Northern States Power
Northwestern Tire
On-Site Sanitation
Park Nursery
Quill Corporation
Reedsburg Hardware
Reliable
Russell, Stephen
Safety-Kleen Corp
SelectAccount
Smith Office Equipment
Southam Business Corp
Southwestern Tech College
St Croix Office Supplies
St Croix Recreation
Stack, Barrett
Stat Medical Inc
Steenberg-Watrud Construction inc
Stefan/Larson Associates
Stillwater Gazette
Swift Construction
T A Schifsky
T H T Inc
Thompson Hardware
Thompson Publishing
Tower Asphalt
Tri-Sate Pump & Control
United Building Center
University of MN
Valley Agency
Viking Safety Products
Village Brass
Warning Lites
Washington County HRA
Washington County Surveyor
Weldon, Morli
Wybrite
Yocum Oil
1994 Audit
Park Supplies
Foam Aeration Tube
Sweeper Repair
UBC Building
Blueprint Paper
Membership
Training-Wardell
Material Testing/Inspection
Membership-Wardell
Membership-Deblon
Mileage
Pager Service/Maint Agreement
Fire Extinguisher Maintenance
Generator
Street Lighting
Tire Dis posal
Portable Restrooms
Plant Trees-McKusick Rd
Office Supplies
Handling Chains
Office Supplies
Mileage
Parts Washer Service
Participant Fee
Printer Ribbons
Ad-LI 312
Training-Volunteer Fire
Office Supplies
Drinking Fountain Hoses
Easement Calculations-Levee Wall
First Aid Kit
UBC Building
Comp Plan Graphics
Ad - Employmen t
Grading Deposit Refund
Aspahlt
Transmission Repair-Sewer Truck
Brush/Glass
FLSA Updates
UPM
Lift Station Repair
Lumber/Nails
Registration -Weldon
Public Employee Bond
Repair Trolley Wheels
Plaq ues- Perservation Commission
Barricades-Market Place
Grant Application Preparation
Plats
Postage/Mileage/Books/Tapes
Computer Maintenance
Diesel Fuel
12,225.00
278.92
225.00
210.15
32,400.00
60.18
60.00
120.00
272.13
18.00
95.00
91.50
224.52
42.84
250.03
10,971.65
7.00
514.65
670.00
92.38
53.23
71.18
51.00
125.14
210.00
449.11
243.75
500.00
180.04
120.71
918.00
83.89
18,000.00
550.00
70.00
3,000.00
147.66
4,465.90
6.30
238.00
168.22
581.26
63.44
310.00
116.10
33.28
116.93
21.03
1,454.73
5.33
107.94
334.00
65.23
(
l
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~
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.-
MANUAL CHECKS-MAY 1995
Blue Cross/Blue Shield of MN
Bruce, Darlene
Junker Sanitation
Leonard, Street and Deinard
Sensible Land Use Coalition
Snowplow Productions
Stillwater, City of
U S Postmaster
Washington County Recorder
ADDENDUM TO BILLS
Metropolitan Waste Control Com
Northern States Power
U S West
Weldon, Morli
May 1995 Payment
Earnest Money-1004 S Holcombe
May 1995 Payment
Seminar-Deblon
S eminar- Russell
Refund of Deposit
Replenish Petty Cash
Postage- Billin g/Meter /N ewsletter
Plat Maps/Recording Fees
SAC
Electric/Gas
Telephone
Compu ter Classes
Adopted by the City Council this 6th day of June, 1995.
APPROVED FOR PAYMENT
6,016.33
5,000.00
90,718.56
30.00
25.00
17,000.00
129.12
2,408.22
52.00
3,737.25
7,000.20
1,043.07
99.98
320,717.80
--------------
--------------
..
LIST OF BILLS
EXHIBIT "A" TO RESOLUTION NO. 95-124
-
A B M Equipment & Supply
A T & T
A-1 Rootmaster
Amdahl, Chris
Ancom Communications
Bailey, Chuck
Bayport, City of
Blichfeldt Builders
Brookman Motors
Bryan Rock
Business Equipment Bokerage
Camiros
Carrot-Top Industries
CATCO
Cellular One
Century Labs
Copy Cat Printing
Courier
Croixland Excavating
Cy's Uniforms
DARE
Deblon, Diane
Del's Outdoor
Desch, Mark & Gloria
Earl F Anderson
Ecolab
Emergency Apparatus
Emergency Equipment Refurbishing
Fenna Construction
Fire Guard
First Trust
Franklin Quest
Friden Alcatel
Gagnon Printing
Gannon's Auto Body
George W Olsen Construction
Glaser, Paul
Gopher State One-Call
Gordon Iron & Metal
Greeder Electric
Harvest States Co-Op
Int'l Personnel Mgmt Assn
Junker Sanitation
Kangaroo Self Storage
Keyland Homes
Kriesel, Nile
Lake Country Door
League of MN Cities
Legislative Associates
Lind, Leslie & Gladys
Magnuson, David
McGladrey & Pullen
Metro Athletic Supply
Metro Fire
e
Hose
Long Distance
Sewer Jetting-Broadway
Locksmith Services
Charger
Stair Repair-Laurel St
Perro Creek Participation
Grading Deposit Refund
Dodge 1 Ton Dump Truck
Crushed Rock
Recorders
Comp Plan
Flag-Lowell Park
Hydraulic Hose
Mobile Phone
Graffiti Remover
Business Cards-Allen
Legal Pu blications/N ewsletter
Ditches-Storm Sewer
Uniform Supplies
DARE Supplies
Health Insurance
Chains
Parking Lease/Maintenance
Sign Blanks/Sheeting
Pest Elimination Services
Truck Maintenance
Repaint Ladder
Grading Deposit Reund
Sign Posts
Paying Agent Fees
Planner/Refills
Postage Meter Tapes
Business Cards-Fitzgerald
Paint Vactor Truck
UBC Building
Boiler Engineer
Utility Locates
Acetelyne
Service Calls
Live Trap
Memebership-Kriesel
Garbage Bags Sold
Storage Space Rental
Grading Deposit Refunds
Sign/Meals
Repair Door
Directories
Monthly Retainer
Land Purchase
Legal Services
1994 Audit
Park Supplies
Foam Aeration Tube
36.97
50.10
40.00
122.00
342.42
7,500.00
1,072.50
1,500.00
21,812.45
76.31
73.18
37.50
144.25
41. 71
114.46
76.42
161.02
1,185.41
240.00
12.67
64.70
354.31
41.49
742.30
699.60
218.33
2,310.43
5,000.00
1,500.00
378.08
462.50
276.74
. 65.70
29.02
376.20
21,511.57
200.00
12.00
34.08
932.00
72.55
95.00
181.25
176.00
10,500.00
93.50
48.00
368.10
500.00
927.00
12,957.90
12,225.00
278.92
225.00
Midwest Machinery
Miller Excavating Inc
MN Blueprint
MN City/County Management Assn
MN Dept of Public Safety
MN Dept of Transportation
MN Sex Crimes Investigators Assn
MN Society of CPA's
Moore, Timothy
Motorola
Nardini Fire
North Star Int'l Trucks
Northern States Power
Northwestern Tire
On-Site Sanitation
Park Nursery
Quill Corporation
Reedsburg Hardware
Reliable
Russell, Stephen
Safety-Kleen Corp
S electAccou n t
Smith Office Equipment
Southam Business Corp
Southwestern Tech College
St Croix Office Supplies
St Croix Recreation
Stack, Barrett
Stat Medical Inc
Steenberg-Watrud Construction inc
Stefan/Larson Associates
Stillwater Gazette
Swift Construction
T A Schifsky
T H T Inc
Thompson Hardware
Thompson Publishing
Tower Asphalt
Tri-Sate Pump & Control
United Building Center
University of MN
Valley Agency
Viking Safety Products
Village Brass
Warning Lites
Washington County HRA
Washington County Surveyor
Weldon, Morli
Wybrite
Yocum Oil
MANUAL CHECKS-MAY 1995
Blue Cross/Blue Shield of MN
Bruce, Darlene
Junker Sanitation
Leonard, Street and Deinard
Sweeper Repair
UBC Building
Blueprint Paper
Membership
Training-Wardell
Material Testing/Inspection
Membership-Wardell
Members hip-De blon
Mileage
Pager Service/Maint Agreement
Fire Extinguisher Maintenance
Generator
Street Lighting
Tire Dis posal
Portable Restrooms
Plant Trees-McKusick Rd
Office Supplies
Handling Chains
Office Supplies
Mileage
Parts Washer Service
Participant Fee
Printer Ribbons
Ad-LI 312
Training-Volunteer Fire
Office Supplies
Drinking Fountain Hoses
Easement Calculations-Levee Wall
First Aid Kit
UBC Building
Comp Plan Graphics
Ad-Employment
Grading Deposit Refund
Aspahlt
Transmission Repair-Sewer Truck
Brush/Glass
FLSA Updates
UPM
Lift Station Repair
Lumber/Nails
Registration-Weldon
Public Employee Bond
Repair Trolley Wheels
Plaques-perservation Commission
Barricades-Market Place
Grant Application Preparation
Plats
Postage/Mileage/Books/Tapes
Computer Maintenance
Diesel Fuel
May 1995 Payment
Earnest Money-1004 S Holcombe
May 1995 Paymen t
Seminar-Deblon
~
210.15
32,400.00
60.18
60.00
120.00
272.13
18.00
95.00
91.50
224.52
42.84
250.03
10,971.65
7.00
514.65
670.00
92.38
53.23
71.18
51.00
125 .14
210.00
449.11
243.75
500.00
180.04
120.71
918.00
83.89
18,000.00
550.00
70.00
3,000.00
147.66
4,465.90
6.30
238.00
168.22
581.26
63.44
310.00
116.10
33.28
116.93
21.03
1,454.73
5.33
107.94
334.00
65.23
e
6,016.33
5,000.00
90,718.56
30.00
~
e
e
Sensible Land Use Coalition
Snowplow Productions
Stillwater, City of
U S Postmaster
Washington County Recorder
Seminar- Russell
Refund of Deposit
Replenish Petty Cash
Postage-Billing/Meter /N ewsletter
Plat Maps/Recording Fees
25.00
17,000.00
129.12
2,408.22
52.00
Contractor's Licenses
Council Approval June 6, 1995
e
Rivard Stone Inc. Masonry New
318 Hwy 35/64
Somerset, WI 54025
Wallmaster Home Improvements General Renewal
1197 Payne Ave
St. Paul, MN 55101
Construction Labor Force Inc Waterproofing New
448 Liliac Street
Lino Lakes, MN 55014
M & S Roofing, Inc Roofing New
1615 99th Lane
Blaine, MN 55449
e
M E MaR AND U M
TO:
MAYOR KIMBLE AND THE CITY COUNCIL
FROM:
D.L. BEBERG, CHIEF OF POLICE
DATE:
MAY 26, 1995
RE:
SQUAD CAR PURCHASE
ON MAY 18th THERE WAS A CHASE WITH A VEHICLE THAT STARTED IN
MOUNDS VIEW AND ENDED IN STILLWATER IN THE AREA OF HIGHWAY 36 AND
WASHINGTON AVENUE. THE REASON THE CHASE ENDED AT THAT LOCATION WAS
THAT TWO OF OUR SQUAD CARS WERE INVOLVED WITH A "ROLLING ROAD BLOCK"
TO STOP THE VEHICLE BEING CHASED AS IT WAS 12=30 AM AND THERE WAS
STILL A LOT OF PEDESTRIAN TRAFFIC IN OUR DOWNTOWN AREA AND WE COULD
NOT TAKE THE CHANCE OF THE VEHICLE BEING CHASED GETTING TO THE
DOWNTOWN AREA.
THE RESULTS OF THIS ROAD BLOCK, THO NECESSARY, WERE NOT FAVORABLE
TO THE CITY. WE ENDED UP WITH ONE SQUAD CAR (1993 CHEVROLET CAPRICE)
TOTALED OUT IN AN ACCIDENT AND ANOTHER OF OUR CARS (1994 CHEVROLET
CAPRICE) RECEIVING $3,500.00 DAMAGE. OFFICER SCOTT PARKER OF THIS
DEPARTMENT RECEIVED MINOR INJURIES, BUT IS BACK TO WORK. HE WAS OFF
THE SCHEDULE FOR 3 DAYS WITH A STIFF NECK.
WE WILL RECEIVE $8,000.00 FOR THE "TOTALED OUT" SQUAD FROM THE
INSURANCE AND ADDITIONAL MONEY TO REPLACE SOME EQUIPMENT THAT WAS
DAMAGED IN THE SQUAD CAR AS WELL AS THE $3,500.00 FOR THE OTHER
DAMAGED SQUAD. WE DO, HOWEVER, HAVE $500.00 DEDUCTIBLE PER ACCIDENT
AND I DON'T KNOW AT THIS TIME IF WE WILL HAVE TO PAY $500 OR
$1,000.00. (I UNDERSTAND THAT THE PARTY BEING CHASED WAS DRIVING
SOMEONE ELSES VEHICLE AND THAT VEHICLE WAS INSURED).
AT THIS TIME I AM ASKING PERMISSION TO PURCHASE A REPLACEMENT
TO REPLACE THE ONE THAT WAS "TOTALED'OUT" AT A COST OF
D TO
CARS I WOULD BE SUBMITTING TO YOU
BUDGET PROPOSAL).
Continued on the back of this sheet!
e
e
e
CITY OF DELANO
ORDINANCE 0-94-11
ORDINANCE AMENDING CITY CODE CHAPTER 4, SECTION 402.01, SUBD. 5,
RELATING TO RESTRICTIONS FOR KEEPING AND DISPLAYING TOBACCO
PRODUCTS
THE CITY COUNCIL OF DELANO ORDAINS:
section 1. The Delano City Code shall be amended by amending
Chapter 4, section 402.01, Subd. S.C as follows:
1. A licensee shall keep or display tobacco products only in
the following manner:
, \
(i) In' \ a place or manner which allows access only by
th~ licensee and employees of the licensee and
which requires the licensee or employees of
licensee to physically hand the tobacco product to
the customer at the time of sale; or
(ii) By means of an open display that the public has
access to without the intervention of an employee
only if the open display is located within the
immediate vicinity, plain view and control of a
1994. ADOPTED Byr::o:~:~e =lC:;;I~ER'
~~C~
C-9wi ht . Poss, Mayor
Motion By:
Second By:
Poss:
Jaunich:
Nagel:
Mueller:
Bartels:
Poss
Bartels
Aye
Aye
Nay
Aye (with prejudice)
Aye
"
.
.
.
f't~
STILLWATER RETAILER TOBACCO ORDINANCE PROPOSALS
1. Cigarette cartons shall be sold from display racks equipped with clear shields that
allow the removal by an adult customer of a single carton of cigarettes and an
audible alarm or chime which is activated each time that a carton of cigarettes is
removed from the self-service display rack or sold from display racks equipped
with clear doors that an adult customer can access for a carton of cigarettes.
2. Single and multiple packs of cigarettes, chewing tobacco and cigars shall be
displayed in the following two manners:
A. On top of or in front of the check out counter so that a responsible
employee can see the single or multiple packs on display at all times
and directly supervise the accessibility of the display to customers;
or
B.
In a display rack equipped with clear doors and is located in the
immediate vicinity arid plain view of a responsible employee who
can directly supervise the accessibility of the display rack by
customers.
3. Require that each retailer post signs on all tobacco displays (cartons, packs,
chewing tobacco and cigars) that all shoplifters will be prosecuted. The Stillwater
Police Department could assist in developing the language for the signs.
4. Each retailer and the Stillwater Police Department would defme a display area
within each licensed retail location to place self-service tobacco displays that would
be under direct supervision by a responsible employee at all times during store
hours.
5. Require that each retailer certify on the annual tobacco license application that all
clerks have been trained regarding the state law prohibiting sales to minors and
how to request identification of persons attempting to buy tobacco products. This
proposal was also contained in legislation that was considered by the Minnesota
legislature this past legislative session.
6.
Allow tobacco advertising by retailers to continue since tobacco is a legal product
and federal law prohibits a state or a city from banning tobacco advertising.
CIGARETTE ID PRACTICES (For Employee File)
I agree to ask for an ID from any customer appearing to be under 25
years of age.
I also understand that if I fail a company initiated ID check
sting, the following will occur:
First sting failure - Written performance warning.
- Second sting failure * - Severe write up with one day
suspension without pay.
Third sting failure - Automatic termination.
* If an associate fails a second sting, the store manager will
receive a performance write up.
Associate name
Associate signature
Manager signature
Date:
.,.
'..
"',,.
.
.
.
1/ '
'<
.ORE
WATEffIME
NAME
Your store has been shopped for tobacco identification compliance. The result of this check was
that you sold tobacco to a minor under eighteen years of age. This is very serious in that you must
comply with SuperAmerica policy which emphasizes all persons under the age of25 years must be asked
for picture identification before any sale of tobacco is made.
What will you do in the future to ensure SuperAmerica policy is followed?
-
(Signature)
~
e
2.
3.
4.
5 .
e
e
~
TOBACCO ADVERTISING STUDIES. ARTICLES & COURT CASES
1. EXHIBIT 1: Cigarette Labeling and Advertising Act,
Sections 1331 through 1334.
EXHIBIT 2:
Session, p.
Senate Report No.
1 {1969}.
566,
91st Congress,
1st
EXHIBIT 3: Memorandum from Minnesota Attorney General,
April 23, 1987.
EXHIBIT 4: Central Hudson Gas & Electric Corp. v. PSC,
447 U.S. 557 {1980}.
EXHIBIT 5: Aaro, Wold, Kannas & Rimpela, "Health
Behavior in Schoolchildren," A WHO Cross-National Survey,
{May, 1986} Vol. 1, p. 1, Health Promotion, Page 32.
A major cross-country survey by researchers for the
World Health Organization recently found II no
systematic differencesll between the smoking habits
of young people in countries where tobacco
advertising is completely banned and in countries
where it is not.
6.
EXHIBIT 6: Rahkonen, 0., et. al., "The Development of
Smoking in Finland from 1978 to 1990," British Journal
of Addiction, Vol. 87 {1}, pp. 103-110, {1992}.
While ,a total tobacco advertising ban was adopted
in Fin'land in 1978, "it has been found that both
smoking and drinking have increased among teenagers
in Finland since the mid-1960's.1I
7.
EXHIBIT 7:
{1987} .
Economic Report of the President, p. 186
The President's Council of Economic Advisors
stated: IIThere is little evidence that advertising
results in additional smoking. As with many
products, [cigarette] advertising mainly shifts
consumers among brands."
1337.
1338.
1339.
1340.
"
CHAPTER 36-CIGAREITE LABELING AND
ADVERTISING
Sec.
1331.
1332.
1333.
1334.
1335.
1336.
Congressional declaration of policy and purpose.
Definitions.
Labeling; requirement; conspicuous statement.
Preemption.
Unlawful advertisements on medium of electronic communication.
Authority of Federal Trade Commission. '
(a) Action prior to and after July I, 1971.
(b) Unfair or deceptive acts or practices.
(c) Issuance of trade regulation rules or requirements for
affirmative statements in advertising.
Reports to Congress.
Criminal penalty.
Injunction proceedings.
Cigarettes for export.
~ 1331. Congressional declaration of policy and purpose
It is the policy of the Congress, and the purpose of this chapter, to estalr
lish a comprehensive Federal program to deal with cigarette labeling and
advertising with respect to any relationship between smoking and health,
whereby-
(1) the public may be adequately informed that cigarette smoking
may be hazardous to health by inclusion of a warning to that effect on
each package of cigarettes; and
(2) commerce and the national economy may be (A) protected to the
maximum extent consistent with this declared policy and (B) not im-
peded by diverse, nonuniform, and confusing cigarette labeling and ad-
vertising regulations with respect to any relationship between smoking
and health.
(Pub.I.. 89-92. ~ 2, July 27, 1965, 79 Stat. 282; Pub.L. 91-222, ~ 2, Apr. I, 1970,
84' Stat. 87.)
Historical Note
1970 Ameadme.at. Pub.L. 91-222 reenact- EffectiYe Date. Section 11 of Pub.L.
ed section without change. 89-92 provided that: "TIlis Act [this chapter)
shall take effect on January I, '1966."
Short TItle ot 1973 Amendment. Section 1
of Pub.L 93-109 provided: '"That this Act'
[which enacted subscc. (7) of section 1332 of
this title and amended section 1335 of this ti-
tle) may be cited as the 'Little Cigar Act of
1973....
Short Title ot 1970 Amendment. Section 1
of Pub.L 91-222 provided: '"That this Act
[enacting section 1340 of this title, amending
578
Elfectiye Date ot 1970 Amendment. Sec-
tion 3 of Pub.L 91-222 provided in part that:
"All other provisions of the amendment made
by this Act (enacting section 1340 of this title,
amending this section and sections 1332 and
1335 to 1339 of this title, and enacting provi-
sions set out as notes under this section] ex.
cept where otherwise specified shall take ef.
fect on January I, 1970."
.
.
-..
I
f
this section. and sections 1332 to 1339 of this
title, and enacting provisions set out as notes
under this section and sections 1333 and 1334
of this title] may be cited as the 'Public
Health Ogarette Smoking Act of 1969....
Short Title. Section 1 of Pub.L 89-92
provided that Pub.L. 89-92. which enacted
this chapter, may be cited as the "Federal
Cigarette Labeling and Advertising Act".
Separability ot Prorisions. Section 12 of
Pub.L 89-92, as added by section 2 of Pub.L
91-222, provided that: "If any provision of
this Act (this chapter] or the application
thereof to any pe~n or c:ircumstanca is held
invalid. the other provisions of this Act (this
chapter] and the application of such provision
to other persons or circumstances shall not be
affected thereby."
Legl.slatin History. For legislative history
and purpose of Pub.L 89-92, see 196.5 U.S.
Code Cong. and Adm.N~ p. 2349. See,
also, Pub. I.. 91-222. 1970 U.S.Code Cong.
and Adm.News, p. 2652.
Ltllrary References
Health and Environment ~31, 33.
CJ.S. Health and Environment, U 37, 38.
47.
1. Danger to public health
Cigarette tobacco is recognized as sub-
stance dangerous to public health and. as in
Notes of Decisions
case of alcohol, this justifies greater legislative
controL People v. Cook. 1974, 356 N.Y.S.2d
259, 34 N.Y.2d 100. 312 N.E.2d 4.52.
~ 1332. Defimtions
As used in this chapter-
(1) The term "cigarette" means--
(A) any roll of tobacco wrapped in paper or in any substance
not containing tobacco, and
(B) any roll of tobacco wrapped in any substance containing t?"
bacco which, because of its appearance, the type of tobacco used in
the filler, or its packaging and labeling, is like~y to .be offered to, or
purchased by, consumers as a cigarette descn~ m subparagraph
(A).
(2) The term "commerce" means (A) commerce betwee~ any State,
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
the Virgin Islands, American Samoa, Wake Island, ~idway Islands,
Kingman Reef, or Johnston Island and any pl~ce. outsIde ther~f; (B)
commerce between points in any State, the D!stz;tctof Columbia,. the
Commonwealth of Puerto Rico, Guam, the VlI'gtn Islands, Amencan
Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston Is-
land, but through any place outside thereof; o~ (9 commerce w~olly
within tbe District of Columbia, Guam, the VlI"gtn Islands, Amencan
Samoa, Wake Island, Midway Islan~, ~gman Reef, or Johnston Is-
land.
(3) The term "United States", when used in a geographical sense,
. includes the several States, the District of Columbia, the Common-
wealth of Puerto Rico, Guam, the Virgin Islands, Ameri~ Samoa,
Wake Island, Midway Islands, Kingman Reef, and Johnston Island.
The term "State" includes any political division ,of any State..
. 579
anY~ which cigarettes are offered f~r sal~, ~ici:'~; ~th~'~~-di;:
Jrib consumers., . .
- -.
(5) e term "person" means an individual, partnership, corpora-
tion, or any other business or legal entity.
(6) The term "sale or distribution" includes sampling or any other
distribution not for sale.
(7) The term "little cigar" means any roll of tobacco wrapped in leaf
tobacco or any substance containing tobacco (other than any roll of
tobacco which is a cigarette within the meaning of subsection (1) of this
section) and as to which one thousand units weigh not more than three
pounds. -
(Pub.L. 89-92, f 3, July 27, 1965, 79 Stat. 282; Pub.L 91-222, fi 2"Apr. 1, 1970,
84 Stat. 88; Pub.L. 93-109, fi 2, Sept. 21, 1973, 87 Stat. 352.)
Historical Note
Pub. I.. I, 1970, except where otheI"Wi$e specified, see
section 3 of Pub. I.. 91-222. set out in part as
IlIl Effective Date of 1970 Amendment note
under sectiOll 1331 of this title.
LeaisJadn History. For legislative history
IlIld purpose of Pub.I.. 89-92, see 1965 U.S.
Code Cons. IlIld Adm.News, p. 2349. See,
also. Pub.I.. 91-222. 1970 U.S.Code Cons.
IlIld Adm.News, p. 2652; Pub.I.. 93-109,
1973 U.S.Code Cong. and Adm.News, p.
2040.
1973 Amendment. Par. (7).
93-109 added pat. (7).
1970 Amendmeat. Par. (3). Pub.I..
91-222 added provision defining "State".
Etfectbe Date of 1973 Ameadmeat. See.
tiOD 4 of Pub.I.. 93-109 provided that: "The
lJDendment made by this Act (enacting pat.
(7) of this section IlIld lJDending section 1335
of this title) shall become effcctive thirty days
after the date of enactment. [Sept. 21,
1973)'"
Et1edin Date of 1970 Amendmeat.
Amendment by Pub. I.. 91-222 effcctive Ian.
~ 1333. Labeling; requirement; conspicuous statement
It shall be unlawful for any person to manufacture, import, or package for
sale or distribution within the United States any cigarettes the. package of
which fails to bear the following statement: "Warning: The Surgeon Gener-
al Has Determined That Cigarette Smoking Is Dangerous to Your Health".
Such statement shall be located in a conspicuous place on every cigarette
package and shall appear in conspicuous and legible type in contrast by ty-
pography, layout, or color with other printed matter on the package~
(pub.L. 89-92, fi 4, July 27, 1965, 79 Stat. 283; Pub.L. 91-222, fi 2, Apr. I, 1970,
84 Stat. 88.); .
Historical Note
1970 Amendment. Pub. I.. 91-222 substi. Act [amending this section} shall take eff'cct _
tuted "Warning: The SurgCOD General Hu 011 the first day of the seventh calendar. ._ ._
Determined That Qgarette Smoking Is Dan. month which begins after the date of the en. '.::
lerous to Your Health" for "Caution: Cig&. &ct:ment of this Act (Apr. I, 1970)."
rette S,~okinl May Be Hazardous to Your Lqisladn HIstory. For legislative history :. _ .:" .
Health. and purpose of Pub.L. 89-92. see 1965 U.s. .-. .~,
Et1ec:dYC Date of 1970 Amendment. Sec. Code Cong. and Ad:n.NCll."S, p. 2349. Sc=, - _. .
tiOD 3 of Pub.L. 91-222 provided in part that: also, Pub. I.. 91-222, 1970 U.S. Code CoDS.
''Section 4 of the lJDendment made by this _ and Adm.News, p. 2652.
580
~ J..J,,)..... rrt:t:mpuoQ
(a) No statement relating to smoking and health, other than. tate-
ment required by section 1333 of this title, shall be required on a ette
package. -
(b) No requirement or prohibition based on smoking and health shall be
imposed under State law with respect to the advertising or promotion of any
cigarettes the packages of which are labeled in conformity with the provi-
sions of this chapter..
(pub.L 89-92, ~ 5, July 27, 1965, 79 Stat. 283; Pub.L. 91-222, ~ 2, Apr. I, 1970,
84 Stat. 88.)
Historical Note
1970 Amendment. Subscc. (b). Pub.I..
91-222 substituted provisioD that no require-
ment or prohibition based OD smoking and
health should be imposed under State law
with respect to the advertising or promotion
of any cigarettes which packages are labeled
in conformity with the provisions of this
chapter for provision that DO statement relat-
ing to smo~g and health should be required
in the advertising of any cigarettes which
packages are labeled in conformity with the
provisions of this chapter.
Subsccs. (c), (d). Pub.I.. 91-222 struck out
subsccs. (c) IlIld (d). which related to the au-
thority of the Federal Trade Commission
with respect to unfair or deceptive advertising
acts or practices, and rcporu to CoDgress by
the Secrctary of Health, Education, and Wel.-
fare and the Federal Trade Commission.
See, now, sections 1336 and 1337 of this title.
EffectiTe Date of 1970 Amendment. Sec.
tion 3 of Pub.L. 91-222 provided in part that:
"Section 5 of the lJDendment made by this
Act [amcDding this sectiOD] shall take effect
lU of Iuly I, 1969."
Legislathe History. For legislative history
and purpose of Pub.I.. 89-92, see 1965 U.S.
Code Cong. IlIld Adm. News. p. 2349. See,
also, Pub. I.. 91-222, 1970 U.S.Code Cong.
and Adm. News, p. 2652.
States ~.13.
Library References
CJ.S. States ~ 24.
Notes of Decisions
which this chapter emerged did not establish
that it intended to bat otherwise authorized
3 agency action under established powers and
duties by preempting field of regulation ad.
dressed to health problem posed by cigarette
smoking. Banzhaf v. F. C. c., 1968, 405 F.
2d 1082, 132 U.S.App.D.C. 14, certiorari de-
nied 90 S.o. 50, 51, 396 U.S. 842, 24 L.Ed.
2d 93.
Allency rqulation and control
Generally .1
Federal CommunJcatioDS Commissloa
State or local regulatioa and control 1
1. State or local rquladon IlIld control
The requirement of city rcguJation that
price difference "must be clearly marked in
all price lists, bills, advertisements, catalogs
or publications pertaining to sale of such ciga-
rettes" was not the type of regulatioD of ad-
vertising IlIld promotion that this section pro-
hibits. Long Island Tobacco Co.. IDe. v.
Lindsay, 1973,343 N.Y.S.2d 759, 74 Misc.2d
455, affirmed 348 N.Y.S.2d 122, 42 A.D.2d
1056, affirmed 357 N.Y.S.2d 504, 34 N.Y.2d
748, ~13 N.E.2d 794. .
3. - Federal CommanicadoDS Comm.is-
sion
This chapter docs not constitute congres-
sional preemption of field of regulatioD. ad.
dressed to health problem posed by cigarette
smoking and docs not deny Federal Commu.
nications Commission authority to reqwre ra.
dio and television stations which carry ciga.
2. Agene1 reguJadoa and coatrol-GeDeral- rctte advertising to devote significant IJDOUDt
ly of broadcast time to presenting case against
Fact that Congress considered IlIld declined cigarette smoking. B.uuhaf v. F. C. c.,
to adopt broader legislation at hearings from 1968, 405 F.2d 1082, 132 U.S.App.D.C. 14,
581
.,'. f
, 12
if any, which the Commission pro~ to take 'to restrict cigarette
advertising; and (S) such recommendations for additional legiSlation
as the Commission may deem appropriate.
The directives to these two Federl.l ~ncies to keep the Congress
fully ~nformed in these areas do not pr8c1ude interes~ members of
the public, including the ~tte industry and others concerned
with smoking and health, from filing materials at any time with the
appropriate congress!onal committees.
~. Pru:mptiDn oj Sta.te or lDc4l rt~ oj tigarttte a.dl:ltrtiling.-
Preemption of State or local regulation of cigarette advertising based
on Sltloking and health has now been moved to section 5(b) and
clarified. .!J. a perfecting amendment, an additional sentence has been
added to the definition of "State" in section 3 which makes it clear
that the term "State" includes any fC?litical division of &ny State.
In some instances, counties or mumcipalities exercise their authority
over advertisin~ by local ordinances, or regulations, or even oCcasion-
ally by resolution. In order to avoid the chaos created by a multi-
plicity of conflicting ~ations, however, the bill preempts State
~uirements or prohibitions with res~t to the advertising of
CIgarettes based on smokina: and health. This preemption is intended
to include not only action 6y State statute but by all other adminis-
u:a~!e actions or local ordinances or regulations by any politic&l sub-
divwon of any State. . .
The State preemption of regulation or prohibition with respc;ct to
cigarette advertising is narrowly phrased to preempt only StaLe action
bli.sed on smoking and health. It would in no ""&y affect the power of
any State or political subdivision of any State with respect to the
wation or tlie sale of cigarettes to mmon, or the prohibition of
smoking in gublic buildings, or similar police r~lations. It is limited
entirely U, i.ll.&te or local requirements or prohibitions in the adver-
tising of cigarettes.
4. FtduaJ. ogenciu.-The congressional direction to Federal ad-
ministrative agencies has now been separated out in the billu a new
section 7. Inasmuch as broadcast advertising of cigarettes is to be
discontinued, the bill refers only to the Federal Trade Commission.
There appears to be no need to refer specific&lly to any proposed
Federal Communications Commission action.
As to the proposed trade regulation rule requiring a health warning
in all cigarette advertising, the entire Federal Trade Commission
atUlnded the July 22 hearings and after deliberation stated that "If
cigarette advertising should be remo\"ed from broadcast media by the
end of the year or shortly thereafter, the Commission would be dis-
posed to suspend its now pending trade regulation rule proceeding
until July 1971."
The committee is of the view that this determination by the Federal
Trade Commission represents an appropriate administrative decision,
particularly in view of the Commission's determination that broadcast
advertising has constituted not only the principal form of cigarette
advertising in dollar vol~me but is the media which has the greatest
impact upon the public, particularly young people. Under section 8,
13
the Federal Trade Co,..m~ will continue to rePort to the ~
JMri?clieally upon the effecti~ of the act. ~y the ~~
section 7 continues th~ BUlIJMIII8IOn of the Vade regulawm rule; alieed
amlO~ by the Fedenl ~ C9~m'-inu, for 18 montha after ~
('lS&~n of broadcast &dv.u.mg of cigarettes. It is furt.her provided
~~ if thereilter the Fed~ Tra(!e 9ommi-i^n desires &0 noew or to
iaitiate any trade regul&tioIl rule, It ahaJl notifJ the ~ aDd
iDdude a full statemct of the reasons for aD1 propoeed adion which
the Federal Trade COmm....... desires to renew or to initia&e. .
Section 7(b) is deeigDed to continue in effect the pro'rilioos re1atiDg
&0 ~ederal Trade Cornmi-inn authority which are now COIltained in
section 5(c) of the present law. The SWI~n in aubeeetion (a) of
~~D ? in ~,,!,ay ree~ta, ~t., os: ~ ~e Federal Trade Com-
~n S ~~ ..uthQllty oyer aD1 m..loHdmg or deceptin &dver-
b5mg by any csgarette manufacturer. The Commu.u.u nmaina free to
~ .by co~plaiDt agaiDst any ~tte, DWlufackDw who it
Leueves 18 making .unloUDded health cl&bQa Or falae claima about the
product's characteristics. in a.clveriising material. This I~ts no
change from the J.lI"8rioua1y exiatinc I&w. Moreover, the wnon
rd&ina ita a,~thonty ~er IIeCtion 6 of the Federal Trade ColllDUelion
Act to ~wre. ~h ~ manufacturer to make my special or
~eral reporta to It which .... ~ to ita prepal'&tion Of reporta to
the Congress under section 8 of the bill. , . . "
Section 7 is not int.eDded to apply to 'activity by the Co~
relating to. the tar aDd nico&iDe content of cigarettes. ;
A ~hnical amend.m~t hu been amde in. the propoeed l8Ction 3 of
the bilI H.R. 6M3 making the amendment. m lI8Ction 6 effective .. of
1uly 1, 19~9, a!1d all other pro~ns et!ective ",of Jmuary.l, 11171.
. 5. Mod~ 01 ~ ~ ftOtiu:-The commiu.ee is of the
n8':". t.h&t the ensting eau&iol1 notice on cagarette paCbgee .W&lT&Dta
rev18lOn. . '.
The committee is concerned that the PrOpoeed modifications in
U.R. 6M3, as passed by the House, have reeufted in a warning stat.-
ment that is 10 l~ngthy that. it. may loee ita impact. It might also serve
to create consumer confusion. The committee accepta the iud~ent.
that excessive smoking "is" dangerous to the health of the particular
smoker, and in that respect. the committee belleves that the package
.-..ming statement warrants strengthening by changing the .tatement.
from "may be" to "is." In the committee'. view, the pro~ warn-
ing statement is both scientific&lly accurate, and suffiCIently short
a.nd pointed to constitute an effective warning.
, '
... "
, ..y
COST
.
The committee does not anticipate that enforcement of H.R. 6M3
as propO'Jed to .be amended will require &ny increased appropriation
for the n...partment of Justice and it anticipates that the reporting by
these Federal &ge?cies can be met from regular appropriations.
.', ':'" .,>;
~~ .. ~~ ~.,'\;l_.
.,.,'jU, ! v "",'1 l1woJ' ~ oJ' _-..,
J i.... i.'J. v..~"'" IV'..)'" t...J
J ........, I 1& ...... II 1.... . .....' f .. I....~;. ,.....
"t V.....
.....~~.03
'.
"It. q,
SlATE Of MINNtS01~
'01:Jl('A"ntEa.,. ..
Attorney General
Office Memorandum
.
.
.
TO:
REP. BECKY KELSO
DATE: 4/23/87
r:PlOM.
JOHN R. TONHEIH .rre. ~.~/,~'-
Chief Deputy Attorney General
PHONE: 6"":2351
SUBJECT:
B.F. 1283.. Realrictions on ~obacco Product
Advertiaihg and S~pling
.
You have asked us to help assess federal law ia~ues
raised by H.F. 1283'. proposed restrictions on tobacco-proQuct
advertising and sarnplinq. Section 1 of B.F. 1283 would ban
~dvertisin9 of tobacco products on any property owned or leased
by the atate or any Itate agency or political subdivision.
Section 4 of H.F. 1283 would replace the exi6ting ban on
distribution of tobacco product. to minors with a ban on
distribution of tobacco product .amples.
The question presented i. whether 1S O.S.~. section
1334(b) preempts state le9islation of the type proposed in H.F.
1281. That aection provides:
.~o requirement or prohibition based on
8mokin~ and health shall be imposed under
atate law with reGpect to the advertisin~
or promotion of an~ (properly packaqedl
cigarettes.-
The language in this .ection is quite clear by its
terms. And consequently, there is a Dubstantial risk that any
.tate le9islation which restricts advertising and promotion of
cigarettes for public health reasons would be found by a court to
be preempted by federal law. .
By way of federal legislative background, Congress in
enacting what il called the Federal Ci9ar~tte Labeling and
Advertising Act, lS D.S.C. sections 1331-1334, attempted to
.trike a balance between controls on ci9ar~tte adverti.ing and 0
promotion, on the one band, and the interests of free competition
and th~ national economy, on the other.
W'II~,;' ,L'U ~1 li.....I~ ,I.... yo.'
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'.1 .~p.' Becky lel.~
'Age Two
April 23, 1981
\
..
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The law requires cigarette packages and adverti.e~enta
to carry the Surgeon General'. warning_ (Section 133)1, and it
requireB the Federal trade Commi881on to report .nnually to
Congress on .current practic~s and methods of cigarette
advertiain9 and promotion,. ~nd to ~ake appropriate legislative
recommendations (S~ction 1337tbl).
Congress intended that these requir~ment& would
-e.tabliah a comprehenaive federal program to deal with ci9arette
labeling and advertising with respect to any relation between
.moking and health- (Section 1331). Congress wanted to assure
that the public would be adequately informed as to the health
consequences of smoking, while protecting commerce ~nd the .
national economy from being impeded by -diverse land) nonuniformW
cigarette labeling and advertising controls.
The above-quoted provision is a re~ult of this desire
to preserve the balanc~ of interests. The fact that Section l's
ban on cigarette advertisin9 applies only to advertising on
publicly owned or lea8ed property would appear to be irrelevant
to the preemption i.sue. The federal law does not distinguish
between public and private property.
Ia cigarette aampling a form of cigarette .~dverti.ing and
promotion?- Cigarette sampling has consistently been treated
that, way by the .FTC. In 1978, for example, the FTC discussed
-the use of other forms of current cigarette advertising and
promotion,- including wadvertising of r.pecial events [and] free
samples.- FTC Re~ort to Conaress Pursuant to.~he Public Health
Cigarette Smokin9~ct for the Y~ar 1978, p. 4. A 1981 FTC staff
report referred to sampling as a ftpromotional technique- and a
-form of advertising.- An ~JC Staff Report in 1981 on the
~qarette AdvertiainQ Investigation, pp. 2-6. Courts would
likely give considerable weight to the FTC view that sampling is
~ form of ci9arett~ advertising and promotion. If sampling is a
form of cigarette advertising and promotion, it would follow that
it is covered by 15 V.S.C. lection 1334(b). The legislation
hiatory 8u9gests that Congres8 meant to continue in force atate
power to prevent distribution of cigarettes to minors.
To date, there has been little litigation over the
reach of Section 1334(b), and what litigation has developed haa
focused on whether cigarette manufacturers can be held liable
under .tate common law for not providing warnings about their
products above and beyond the warnings required by Congress.
With one exception, every federal court faced with this question
has concluded that i~posin9 liability on cigarette manufacturers
on that basis would conltitute a forbidden atate.law
wrequirement- baled on Imoking and health with respect to the
.
.
.
~
e
e
JtiH~ JU-;joi i'lUj~ 1:J::,)1
HUKln ~Jrllt hUVl::'t.h::>
tHX NU. ol~j/bU4{~
t'. U4
. .
. ..
J
R~p. 8tck'y leJ.o
page' Three
April 23. 1987
\
See.
-
aavertiaing and promotion of properly labeled cigarettes.
~, Cipollone v. LiQget~~Group, Inc., 789 F.2d 181 C3d
Cir. 1986). eert. denied, 107 S. Ct. 906 (19B7}; ~Ysdon v.
R. J. ReynoldS Tobacco Co., 623 F. Supp. 1189 CEo D. Tenn.
1985), appebl pending (6th Cir.).
In the one case where a federal district court held
that Section 1334(b) was not intended to forbid state common
law tort liability for faITUre to give smokers additional
warnings as to the health consequences of Bmoking, the court
based its decision on its conclusion that Section 133~(b).s focus
il limited to "executive or legislation re9ulation,. and does not
extend to tort law re~edies in the judicial system. Palmer~.
~iggett Group, Inc., 633 F. Supp. 1171, 1116 CD. Mass. 1986),
aepeal pending (1st Cir.).
The aims of H.? 1283 -- to address the severe health
consequences associated with smoking and to discourage young
people from taking up this habit -- are commendable. You should
be a~are that, cespite the substantial risk that Sections 1 and 4
of the bill would be found to be preempted, there are arguments
that can be raised to support the opposite view. As is true with
all legislation. the Attorney General iE prepared to defend
whatever action the Legislature takes on this issue.
I hope this discussion is helpful. If you have any
further queJtions, please do not hesitate to call again.
/
-__4.
I:
~ \ - \
.556 ..,
OCTOBER TERM, 1979
BUCKMUN, J., dissenting
447 U, S.
hands in preventing this type of abuse of monopoly power.
The Court's opinion appears to turn on the particular facts
of this case, and slight differences in approach might permit
a State to achieve its proper goals.
First, it appears that New York and other States might use
their power to define property rights so that the -billing
em'elope is the property of the ratepayers and not of the
utility's shareholders. Cf. PruneYard Shopping Center v.
Robins, ante, ,po 74. Since it is the ratepayers who pay
for the billing packet, I doubt that the Court would find a
law establishing their ownership of the packet violative of
either the Ta.kings Clause or the First and Fourteenth
Amendments. If, under state law, the envelope belongs to
the cust.omers, I do not see how restricting the utility from
using it could possibly be held to deprive the utility of its
righ ts.
Second, the opinion leaves open the issue of cost allocation.
The Commission could charge the utility's shareholders all
the costs of the envelopes and postage and of creating and
maintaining the mailing list, and charge the consumers only
the cost of printing and inserting the bill and the consumer
service insert. See Long Island Lighting Co. v. New York
State Public Service Comm'n, No. 77 C 972 (EDNY, Mar. 30,
1979), reproduced in App. to Brief for Long Island Lighting
Company as A micus Curiae 22a. There is no reason that
the shareholders should be given a free ride for their pam-
phlets, rather than the customers be given a free ride for their
bills. Such an allocation would eliminate the most offensive
aspects of the forced subsidization of the utility's speech. But
see n. 3, supra.
Because I agree with the Appellate Division of the New
York Supreme Court, that It[i]n the battle of ideas, the util-
ities are not entitled to require the consumers to help defray
theil' expenses," 63 App. Div. 2d 364, 368, 407 N. Y. S 2d 735,
737 (1978), I respectfully dissent,
.
...
CENTRAL HUDSON GAS &: ELEC. v. PUBLIC SERVo COMM'N 557
Syllabus
CENTRAL HUDSON GAS & ELECTRIC CORP. v. PUB-
LIC SERVICE COl'vEVIISSION OF NEW YORK
APPEAL FROM THE COURT OF APPEALS OF NEW YORK
No. 79-565;. Argued ~farch Ii, I980-DeC'ided June 20, 1980
lIeld: A regulation of lippcllec New York Public Service Commission Which
completely bans an electric utility from advertising to promote the use of
electricity viola.tes the First and Fourteenth Amendments. Pp. 561-572.
(a) Although the Constitution accords a lesser protection to commer-
cial speech than to other constitutionally guaranteed expression, never-
theless the First Amendment protects commercial speech from unwar-
ranted governmental regulation. For commercial speech to come within
the First Amendment, it at least must concern lawful activity and not
be misleading. Next, it must be determined whether the asserted gov-
ernmental interest to be served by the restriction on commercial speech
is substantial. If both inquiries yield positive answers, it must then bel
decided whether the regulation directly advances the governmental inter-
est asserted, and whether it is not more extensive than is necessary to
serve that interest. Pp. 561-566.
(b) In this case, it is not claimed that the expression at issue is
either inaccurate or relates to unlawful activity. Nor is appellant elec-
trical utility's promotional ad\'ertising unprot.ected commercial speech
merely because appellant holds a monopoly over the sale of electricity
in its service area. Since monopoly o\'er thc supply of a product pro-
vides no protection from competition with substitutes for that product,
advertising by utilities is just as valuable to consumers as advertising
by unregulated firms, and there is no indicnlion that appellant's decision
to advertise was not based on the belief that consumers were interested
in the advert.ising. Pp, 566-568.
(c) The State's interest in energy conservation is clearly substantial
and is directly advanced by appellee's regulations. The State's further
interest in preventing inequities in appellant's rates-based on the asser-
tion that successful promotion of consumption in "off-peak" periods
would create extra costs that would, because of appellant's rate structure,
be borne by all consumers through higher overall ratcs-is also substan-
tial. The latter interest docs not, however, provide a constitutionally
adequate reason for restricting protected speech because the link be-
tween the advertising prohibition and appellant's rate structure is, at
most, tenuous. Pp. 568-569.
. I
558
OCTOBER TERM, 1979
CENTRAL HUDSON GAS & ELEC. v. PUBLIC SERVo COMM'N 559
Opinion of the Court
447 U. S.
557
Opinion of the Court
(d) Appellee's regulation, which reaches all promotional advertising
regardless of the impact of the touted service on overall energy use, is
more extensive than necessary to further the State's interest in energy
consen'ation which, as important as it is, cannot justify suppressing
information about electric devices or services that would cause no net
increase in total energy use. In addition, no showing has been made that
a more limited restriction on the content of promotional advertising
would not serve adequately the State's interests. Pp. 569-57l.
47 N. Y. 2d 94, 390 N. E. 2d 749, reversed.
Statement 31a.. The order was based on the Commission's
finding that "the interconnected utility system in New York
State does not have sufficient fuel stocks or sources of supply
to continue furnishing all customer demands for the 1973-
1974 winter." [d., at 26a.
Three years later, when the fuel shortage had eased, the
Commission requested comments from the public on its pro-
posal to continue the ban on promotional advertising. Cen-
tral Hudson Gas & Electric Corp., the appellant in this case,
opposed the ban on First Amendment grounds. App. AlO..
After reviewing the public comments, the Commission ex-
tended the prohibition in a Policy Statement issued on
February 25, 1977. .
The Policy Statement divided advertising expenses "into
two broad categories: promotional-advertising intended to
stimulate the purchase of utility services-and institutional
and informational, a broad category inclusive of all advertis-
ing not clearly intended to promote sales." 1 App. to Juris.
Statement 35a. The Commission declared all promotional
advertising contrary to the national policy of conserving
energy. It acknowledged that the ban is not a perfect ve-
hicle for conserving energy. For example, the Commission's
order prohibits promotional advertising to develop consump-
tion during periods when demand for eleptricity is low. By
limiting growth in uoff-peak" consumption, the ban limits
the "beneficial side effects" of such growth in terms of more
efficient use of existing powerplants. Id., at 37a. And since
oil dealers are not under the Commission's jurisdiction and
POWELL, J., delivered the opinion of the Court, in which BURGER, C. J.,
and STEWART, WHITE, and 1\1.~RsHALL, JJ., joined. BRENNAN, J., filed
an opinion concurring in the judgment, post, p. 572. BLACKMUN, J., post,
p. 573, and STEVENS, J., post, p. 579, filed opinions concurring in the
judgment, in which BRENNAN, J., joined. REHNQUIST, J., filed a dissent-
ing opinion, post, p. 583.
Telford Taylor argued the cause for appellant. With him
on the briefs were Walter A. Bossert, Jr., and Davison W.
Grant.
Peter H. Schiff argued the cause for appellee. With him
on the brief was Howard J. Read. *
MR. Jt:STICE POWELL delivered the opinion of the Court.
This case presents the question whether a regulation of the
Public Service Commission of the State of New York violates
the First and Fourteenth Amendments because it completely
bans promotional advertising by an electrical utility.
I
In December 1973, the Commission, appellee here, ordered
electric utilities in New York State to cease all advertising
that Hpromot[es] the use of electricity." App. to Juris.
. .
1 The dissenting opinion attempts to construe the Policy Statement to
authorize advertising that would result "in a net energy savings" even
if the advertising encourtlged consumption of additional electricity. Post,
at 604-605. The attempted construction fails, however, since the Policy
Statement is phrased only ill terms of advertising that promotes "the pur-
chase of utility services" and "sales" of electricity. Plainly, the Com-
mission did not intend to permit advertising that would enhance net energy
efficiency by increasing consumption of electrical services.
*Briefs of amici curiae urging reversal were filed by Cameron F. Mac-
Rae and Robert L. Baum for the Edison Electric Institute; by Burt Neu-
borne for Long Island Lighting Co.; by Edward H. Dowd and Myrna P.
Field for the Mid-Atlantic Legal Foundation et al.; and by Edwin P.
Rome and William H. Roberts for Mobil Corp.
~.
'.' .
560
'-..
.
OCTOBER TERM, 1979
Opinion of the Court
447 U.S.
thus remain free to advertise, it was recognized that tJle ban
can achieve only tlpiecemeal conservat.ionism." Still, the
Commission adopted the restriction because it was deemed
likely to tlresult in some dampening of unnecessary growth"
in energy consumption. Ibid.
The Commission's order explicitly permitted "informa-
tional" advertising designed to encourage "shifts of consump-
tion" from peak demand times to periods of low electricity
demand. Ibid. (emphasis in orginal). Informational adver-
tising would not seek to increase aggregate consumption~ but
would invite a leveling of demand throughout any given 24-
hour period. The agency offered to review "specific proposals
by the companies for specifically described [advertising]. pro-
grams that meet these criteria." Id., at 38a.
When it rejected requests for rehearing on the Policy State-
ment, the Commission supplemented its rationale for the
advertising ban. The agency observed that additionalelec-
tricity probably would be more expensive to produce than
existing output. Because electricity rates in New York were
not then based on marginal cost,2 the Commission feared that
additional power would be priced below the actual cost of
generation. The additional electricity would be subsidized by
all consumers through generally higher rates. Id., at 57a~58a.
The state agency also thought that promotional advertising
would give "misleading signals" to the public by appearing to
encourage energy consumption at a time when conservation is
needed. ld., at 59a.
Appellant challenged the order in state court, arguing that
the Commission had restrained commercial speech in violation
of. the First and Fourteenth Amendments.3 The Commis-
2 "Marginal cost" has been defined as the "extra or incremental cost of
producing an extra unit of output." P. Samuelson, Economics 463 (10th
ed. 1976) (emphasis in original).
3 Central Hudson also alleged that the Commission's order reaches be-
yond the agency's statutory powers. This argument was rejected by the
.
557
CENTRAL HUDSON GAS & ELEC. v. PUBLIC SERVo COM1\1'N 561
Opinion of the Court
sion's order was upheld by the trial court and at the interme-
diate appellate level.~ The New York Court of Appeals
affirmed. It found little value. to advertising in "the non-
compe~itive market in which electric corporations operate."
Consoltdated Edison Co. v. Public Service Comm'n, 47 N. Y.
2d 94, 110, 390 N. E. 2d 749, 757 (1979). Since consumers
"have no choi?e regarding the source of their electric power,"
th~ court de.med that "promotional advertising of electricity
~Ight contrIbute to society's interest in 'informed and re-
hable' economic decisionmaking." Ibid. The court also
obse.r:ed that by encouraging consumption, promotional ad-
vertIsmg would only exacerbate the current energy situation.
ld., at 110, 390 N. E. 2d, at 758. The court concluded that
t.he. governm?nt~l interest in the prohibition outweighed the
lImIted constItutIOnal value of the commercial speech at issue.
We noted probable jurisdiction, 444 U. S. 962 (1979), and now
reverse.
II
The Commission's order restricts only commercial speech
that is, expression related solely to the economic interests of
th.e ~p~aker. ~nd its audience. Virginia Pharmacy Board v.
Vtrgmta Ctttzens Consumer Council, 425 U. S. 748, 762
(1976); Ba~es v. State Bar of Arizona, 433 U. S. 350, 363-364
(~977); Fnedman v. Rogers, 440 U. S. 1, 11 (1979). The
FIrst Amendment, as applied to the States through the Four-
teenth Amendment, protects commercial speech from unwar-
ranted governmental regulation. Virginia Pharmacy Board,
425 U. S., at 761-762. Commercial expression not only serves
the economic interest of the speaker, but also assists con-
sumers and furthers the societal interest in the fullest possible
New ~ork Court of Apprals, C071801idated Edison Co. v. Public Service
Comm n, 47 N. Y. 2d 94, 102-104, 390 N. E. 2d 749, 752-754 (1979) and
was not argued to this Court. '
'Consolidated Edison Co. v. Public Service Comm'n, 63 App. Div. 2d
364, 407 N. Y. S. 2d 735 (1978); App. to Juris. Statement 22a (N Y
Sup. Ct., Feb. 17, 1978). . .
562
OCTOBER TERM, 1979
Opinion of the Court
447 U.S.
dissemination of information. In applying the First Amend-
ment to this area, we have rejected the "highly paternalistic"
view that government has complete power to suppress or
regulate commercial speech. "[P] eople will perceive their
own best interests if only they are well enough informed,
and . . . the best means to that end is to open the channels
of communication, rather than to close them. . .." Id., at
770; see Linmark Associates, Inc. v. Willingboro, 431 . U. S.
85, 92 (1977). Even when advertising communicates only an
incomplete version of the relevant facts, the First Amendment
presumes that some accurate information is better than no
information at all. Bates v. State Bar of Arizona, supra,
at 374.
Nevertheless, our decisions have recognized "the 'common-
sense' distinction between speech proposing a commercial
transaction, which occurs in an area traditionally subject to
government regulation, and other varieties of speech." Ohra-
lik v. Ohio State Bar Assn., 436 U. S. 447, 455-456 (1978); see
Bates v. State Bar of Arizona, supra, at 381; see also Jackson
& Jeffries, Commercial Speech: Economic Due Process and
the First Amendment, 65 Va. L. Rev. 1,38-39 (1979).5 The
5 In an opinion concurring in the judgment, MR. JUSTICE STEVENS sug-
gests that the Commission's order reaches beyond commercial speech to
suppress expression that is entitled to the full protection of the First
Amendment. See post, at 580-581. We find no support for this claim in
the record of this case. The Commission's Policy Statement excluded "in-
stitutional and informational" messages from the advertising ban, which
was restricted to all advertising "clearly intended to promote sales." App.
to .Juris. St~tement 35a. The complaint alleged only that the "prohibition
of promotional advertising by Petitioner is not reasonable regulation of
Petitioner's commercial speech. . .." ld., at 703. Moreover, the state-
court opinions and the arguments of the parties before this Court also
viewed this litigation as involving only commercial speech. Nevertheless,
the concurring opinion of MR. JUSTICE STEVENS views the Commission's
order as suppressing more than commercial speech because it would out-
law, for example, advertising that promoted electricity consumption by
touting the environmental benefits of such uses. See post, at 581.. Ap-
~.
~
. .
557
CENTRAL HUDSON GAS &: ELEC. v. PUBLIC SERVo COMl\I'N 563
Opinion of the Court
Constit.ution therefore accords a lesser protection to commer-
cial speech than to other constitutionally guaranteed expres-
sion. 436 U. S., at 456, 457. The protection available for
particular commercial expression turns on the nature both of
the expression and of the governmental interests served by its
regulation.
The First Amendment's concern for commercial speech is
based on the informational function of advertising. See First
National Bank of Boston v. Bellotti, 435 U. S. 765, 783 (1978).
Consequently, there can be no constitutional objection to the
suppression of commercial messages that do not accurately
inform the public about lawful activity. The government
may ban forms of communication more likely to deceive the
public than to inform it, Friedman v. Rogers, supra, at 13,
15-16; Ohralik v. Ohio State Bar Assn., supra, at 464-465, or
parently the opinion would accord full First Amendment protection to all
promotional advertising that includes claims "relating to . . . questions fre-
quently discussed and debated by our political leaders." Ibid.
Although this approach responds to the serious issues surrounding our
national energy policy as raised in this case, we think it would blur further
the line the Court has sought to draw in commercial speech cases. It would
grant broad constitutional protection to any advertising that links a prod-
uct to a current public debate. But many, if not most, products may be
tied to public concerns with the environment, energy, economic policy, or
individual health and safety. We rule today in Consolidated Edison Co.
v. Public Service Comm'n, ante, p. 530, that utilities enjoy the full panoply
of First Amendment protections for their direct comments on public issues.
There is no reason for providing similar constitutional protection when
such statements arc made only in the context of commercial transactions.
In that context, for example, the State retains the power to "insur[e) that
the stream of commercial information flow[s] cleanly as well as freely."
Virginia Pharmacy Board v. Vil'ginia Citizens Consumer Council, 425 U. S.
748, 772 (1975). This Court's decisions on commercia) expression have
rested on the premise that such speech, although meriting some protection,
is of less constitut.ional moment than other forms of speech. As we stated
in Ohralik, the failure to distinguish between commercial and noncommer-
cial speech "could invite dilution, simply by a leveling process, of the force
of the [First] Amendment's guarantee with respect to the latter kind of
speech." 436 U. S., at 456.
.
,564
..
.
OCTOBER TERM, 1979
Opinion of the Court
447 U. S.
commercial speech related to illegal activity, Pittsburgh Press
Co. v. Human Relations Comm'n, 413 U. S. 376, 388 (1973).6
If the communication is neither misleading nor related to
unlawful activity, the government's power is more circum-
scribed. The State must assert a substantial interest to be
achieved by restrictions on commercial speech. Moreover, the
regulatory technique must be in proportion to that interest.
The limitation on expression must be designed carefully to
achieve the State's goal. Compliance with this requirement
may be measured by two criteria. First, the restriction must
directly advance the state interest involved; the regulation
may not be sustained if it provides only ineffective or remote
support for the gove'rnment's purpose. Second, if the govern-
mental interest could be served as well by a more limited
restriction on commercial speech, the excessive restrictions
cannot survive.
Under the first criterion, the Court has declined to uphold
regulations that only indirectly advance the state interest
involved. In both Bates and Virginia Pharmacy Board, the
Court concluded that an advertising ban could not be im-
posed to protect the ethical or performance standards of a
profession. The Court noted in Virginia Pharmacy Board
that "[ t] he advertising ban does not directly affect profes-
sional standards one way or the other." 425 U. S., at 769.
In Bates, the Court overturned an adverti~ing prohibition
that was designed to protect the "quality" of a lawyer's work.
6 In most other contexts, the First Amendment prohibits regulation
based on the content of the message. Consolidated Edison Co. v. Public
Service Comm'n, ante, at 537-540. Two features of commercial speech
permit regulation of its content. First, commercial speakers have extensive
knowledge of both the market and t.heir products. Thus, t.hey are well
situated to evaluate the accuraey of their messages and the lawfulness
of the underlying activity. Bates v. State Bar of Arizona, 433 U. S. 350,
381 (1977). In addition, commercial speech, the offspring of economic
self-interest, is a hardy breed of expression that is not. "particularly
susceptible to being crushed by overbroad regulation." Ibid.
.\1
.
CENTRAL HUDSON GAS & ELEC. v. PUBLIC SERVo COMIH'N 565
557
Opinion of the Court
"Restraints on advertising . . . are an ineffective way of
det.erring shoddy work." 433 U. S., at 378.7
The second criterion rec6gnizes that the First Amendment
mandates that speech restrictions be "narrowly drawn." In
r~ Primus, 436 U. S. 412, 438 (1978).8 The regulatory tech-
mque may extend only as far as the interest it serves. The
State cannot regulate speech that poses no danger to the as-
serted state interest, see First National Bank of Boston v.
!1ellotti, . supra, at 794-795, nor can it completely suppress
InfOrmatIon when narrower restrictions on expression would
serve its interest as well. For example, in Bates the Court
explicitly did not "foreclose the possibility that some limited
supplementation, by way of warning or disclaimer or the
like, might be required" in promotional materials. 433 U. S.,
~t 384. See Virginia Pharmacy Board, supra, at 773. And
In Carey v. Population Services International, 431 U. S. 678, '
701-:02.(1977), we held that the State's "arguments. . . do
not Justlf~ th~ tot~ supp:ession of advertising concerning
contraceptIves. ThIS holdIng left open the possibility that
7 In Linmark Associates, Inc. v. Willingboro, 431 U. S. 85, 95-96 (1977),
we obse~ved that there was no definite connection between the township's
goal of mtegrated housing and its ban on the use of "For Sale" signs in
front of houses.
8 This analysis is not an application of the "overbreadth" doctrine.
The latter theory permits the invalidation of regulations on First
Amendment ~rounds eve~ w.hen the litigant challenging the regulation
has engaged III no constitutIOnally protected activity. E. g., Kunz v.
New York,. ~40 U. S. 290 (1951). The overbreadth doctrine derives from
the reeogmhon that unconstitutional restriction of expression may deter
pro.tected speech. by parties not before the court and thereby escape judicial
reVlew. Bro:zdnck v. Oklahoma, 413 U. S. 601, 612-613 (1973); see
Note, The FIrst Ame.ndment Overbreadth Doctrine, 83 Harv. L. Rev. 844,
853-858 (1970). ThIS restraint is less likely where the expression is linked
to "commercial well-being" and therefore is not easily deterred by "over-
broad r~gulation." Bates v. State Bar of An'zona, supra, at 381.
In t~IS case,. ~h.e Commission's prohibition acts directly against the
promotIOnal actIVIties of Central Hudson, and to the extent the limitations
are unnecessary to serve the State's interest, they are invalid.
566
OCTOBER TERM, 1979
Opinion of the Court
447 U. S.
the State could implement more carefully drawn restrictions.
See id., at 712 (POWELL, J., concurring in part and in judg-
ment); id., at 716-717 (STEVENS, J., concurring in part and in
judgment).9
In commercial speech cases, then, a four-part analysis has
developed. At the outset, we must determine whether the
expression is protected by the First Amendment. For com-
mercial speech to come within that provision, it at least must
concern lawful activity and not be misleading. Next; we ask
whether the asserted governmental interest is substantial. If
both inquiries yield positive answers, we must de,termine
whether the regulation directly advances the governmental
interest asserted, and whether it is not more extensive than is
necessary to serve that interest.
III
We now apply this four-step analysis for commercial speech
to the Commission's arguments in support of its ban on pro-
motional advertising.
A
The Commission does not claim that the expression at issue
either is inaccurate or relates to unlawful activity. Yet
the New York Court of Appeals questioned whether Central
Hudson's advertising is protected commercial speech. Be-
cause appellant holds a monopoly over the sale of electricity
. in its service area, the state court suggested that the Com-
mission's order restricts no commercial speech of any worth.
The court stated that advertising in a "noncompetitive market"
9 We review with special care regulations that entirely suppress com-
mercial speech in order to pursue a nonspeech-related policy. In those
circumstances, a ban on speech could screen from public view the under-
lying governmental policy. See Virginia Pharmacy Board, 425 U. S., at
780, n. 8 (STEWART, J., concurring). Indeed, in recent years this Court
has not appro\.ed a blanket ban on commercial speech unless the expres-
sion itself was flawed in some way, either because it was deceptive or
related to unlawful activity.
-..
~I
I .
.'"
CENTRAL HUDSON GAS .\: ELEC. v. PUBLIC SERVo COMl\I'N 567
557
Opinion of the Court
could not improve the decision making of consumers. 47 N. Y.
2d, at 110, 390 N. E. 2d, at 757. The court saw no consti-
tutional problem with barring commercial speech that it
viewed as conveying little useful information.
This reasoning falls short of establishing that appellant's
advertising is not commercial speech protected by the First
Amendment. Monopoly over the supply of a product pro-
vides no protection from competition with substitutes for
that product. Electric utilities compete with suppliers of
fuel oil and natural gas in several markets, such as those for
home heating and industrial power. This Court noted the
existence of interfuel competition 45 years ago, see West Ohio
Gas Co. v. Public Utilities Comm'n, 294 U. S. 63, 72 (1935).
Each energy source continues to offer peculiar advantages
and disadvantages that may influence consumer choice. For
consumers in those competitive markets, advertising by utili-
ties is just as valuable as advertising by unregulated firms.10
Even in monopoly markets, the suppression of advertising
reduces the information available for consumer decisions and
thereby defeats the purpose of the First Amendment. The
New York court's argument appears to assume that the
providers of a monopoly service or product are willing to
pay for wholly ineffective advertising. Most businesses-
even regulated monopolies-are unlikely to underwrite pro-
motional advertising that is of no interest or use to consumers.
Indeed, a monopoly enterprise legitimately may wish to in-
form the public that it has developed new services or terms of
doing business. A consumer may need information to aid his
decision whether or not to use the monopoly service at all, or
how much of the service he should purchase. In the absence
of factors that would distort the decision to advertise we
,
10 Several commercial speech decisions have involved enterprises subject
to extensive state regulation. E. g., Friedman v. Rogers, 440 U. S. 1, 4-5
(1979) (optometrists); Bates v. State Bar of Ariz01la, 433 U. S.350
(I977) (lawyers); Virginia Pharmacy Board v. Virginia Citizens Con-
sumer Council, supra, at 750-752 (pharmacists).
e
, 568~.
OCTOBER TERM, 1979
Opinion of the Court
447 U. S.
may assume that the willingness of a business to promote
its products reflects a belief that consumers are interested in
the advertising.ll Since no such extraordinary conditions have
been identified in this case, appellant's monopoly po~ition does
not alter the First Amendment's protection for its commer-
cial speech.
B
The Commission offers two state interests as justifications
for the ban on promotional advertising. The first concerns
energy conservation. Any increase in demand for electricity-
during peak or off-peak periods-means greater consumption
of energy. The Commission argues, and the New York court
agreed, that the State's interest in conserving energy is suffi-
cient to support suppression of advertising designed to in-
crease consumption of electricity. In view of our country's
dependence on energy resources beyond our control,no one
can doubt the importance of energy conservation. Plainly,
therefore, the state interest asserted is substantial.
The Commission also argues that promotional advertising
will aggravate inequities caused by the failure to base the
utilities' rates on marginal cost. The utilities argued to the
Commission that if they could promote the use of electricity
in periods of low demand, they would improve their utiliza-
tion of generating capacity. The Commission responded that
promotion of off-peak consumption also would increase con-
sumption during peak periods. If peak demand were to rise,
the absence of marginal cost rates would mean that the rates
charged for the additional power would not reflect the true
costs of expanding production. Instead, the extra cost;& would
11 There may be a greater incentive for a utility to advertise if it can
use promotional expenses in determining its rate of return, rather than
pass those costs on solely to shareholders. That practice however
hardly distorts the economic decision whether to advertise. Unregulated
businesses pass on promotional costs to consumers, and this Court ex-
pressly approved the practice for utilities in West Ohio Gas Co. v. Public
Utilitie, Comm'n, 294 U. S. 63, 72 (1935).
.
~
.
CENTRAL HUDSON GAS & ELEC. v. PUBLIC SERVo COMM'N 569
557
Opinion of the Court
be borne by all consumers through higher overall rates.
Without promotional advertising, the Commission stated, this
inequitable turn of events would be less likely to occur. The
choice among rate structures involves difficult and important
questions of economic supply and distributional fairness.12
The State's concern that rates be fair and efficient represents a
clear and substantial governmental interest.
C
Next, we focus on the relationship between the State's
interests and the advertising ban. Under this criterion, the
Commission's laudable concern over the equity and efficiency
of appellant's rates does not provide a constitutionally ade-
quate reason for restricting protected speech. The link
between the advertising prohibition and appellant's rate struc-
ture is, at most, tenuous. The impact of promotional adver-
tising on the equity of appellant's rates is highly speculative. I
Advertising to increase off-peak usage would have to increase
peak usage, while other factors that directly affect the fairness
and efficiency of appellant's rates remained constant. Such
conditional and remote eventualities simply cannot justify
silencing appellant's promotional advertising.
In contrast, the State's interest in energy conservation is
directly advanced by the Commission order at issue here.
There is an immediate connection between advertising and
demand for electricity. Central Hudson would not contest
the advertising ban unless it believed that promotion would
increase its sales. Thus, we find a direct link between the
state interest in conservation and the Commission's order.
D
We come finally to the critical inquiry in this case: whether
the Commission's complete suppression of speech ordinarily
protected by the First Amendment is no more extensive than
12 See W. Jones, Regulated Industries 191-287 (2d ed. 1976).
570
OCTOBER TERM, 1979
Opinion of the Court
447 U. S.
necessary to further the State's interest in energy conservation.
The Commission's order reaches all promotional advertising,
regardless of the impact of the touted service on overall
energy use. But the energy conservation rationale, as im-
portant as it is, cannot justify suppressing information about
electric devices or services that would cause no net increase in
total energy use. In addition, no showing has been made
that a more limited restriction on the content of promotional
advertising would not serve adequately the State's interests.
Appellant insists that but for the ban, it would advertise
products and services that use energy efficiently. These
include the "heat pump," which both parties acknowledge
to be a major improvement in electric heating, and the
use of electric heat as a "backup" to solar and other heat
Sources. Although the Commission has questioned the effi-
ciency of electric heating before this Court, neither' the Com-
mission's Policy Statement nor its order denying rehearing
made findings on this issue. In the absence of authoritative
findings to the contrary, we must credit as within the realm
of possibility the claim that electric heat can be an efficient
alternative in some circumstances. .
The Commission's order prevents appellant from promoting
electric services that would reduce energy use by diverting
demand from less efficient sources, or that would consume
roughly the same amount of energy as do alternative sources.
I n neither situat.ion would the utility's advertising endan-
ger conservation or mislead the public. To the extent that
the Commission's order suppresses speech that in no way im-
pairs the State's interest in energy conservation, the Commis-
siop's order violates the First and Fourteenth Amendments
and must be invalidated. See First National Bank of Boston
v. Bellotti, 435 U. S. 765 (1978).
The Commission also has not demonstrated that its interest
in conservation cannot be protected adequately by more lim-
. ited regulation of appellant's commercial expression. To fur-
.^
'.
.
-----
,
, .
'.
CENTRAL HUDSON GAS & ELEC. v. PUBLlC SERVo COIVIM'N 571
557
Opinion of the Court
ther its policy of conservation, the Commission could attempt
to restrict the format and content of Central Hudson's adver-
tising. It might, for eX-ample, require that the advertise-
ments include information about the relative efficiency and
expense of the offered service, both under current conditions
and for the foreseeable future. cr. Banzhaf v. FCC, 132 U. S.
App. D. C. 14, 405 F. 2d 1082 (1968), ccrt. denied sub nom.
Tobacco Institute, Inc. v. FCC, 396 U. S. 842 (1969).13 In
the absence of a showing t.hat more limit.ed speech regulation
would be ineffective, we cannot approve the complete sup-
pression of Central Hudson's advertising.H
IV
Our decision today in no way disparages the national inter-
est in energy conservation. We accept without reservation th~
argument that conservation, as well as the development of
alternative energy sources, is an imperative national goal.
Administrative bodies empowered to regulate electric utilities
have the authority-and indeed the duty-to take appropriate
action to further this goal. When, however, such action in-
13 The Commission also might consider It system of previewing adver-
tising campaigns to insure that they will not defeat conservation policy.
It has instituted such a program for approving "informational" advertising
under the Policy Statement challenged in this case. See supra, at 560.
We have observed that commercial speech is such a sturdy brand of ex-
pression that t.raditional prior restraint doctrine may not ~pply to it.
Virginia Pharmacy Board v. Virginia Citize1l8 Consumer Couru::1l, 425 U. S.,
at 771-772, n. 24. And in other areas of sJleech regulatIon, such as
obscenity, we have recognized that a prescreening arrangement can pass
constitutional muster if it includes adequate procedural safeguards. Freed-
man v. Maryland, 380 U. S. 51 (1965).
14 In view of our conclusion that the Commission's advertising policy
violates the First and Fourteenth Amendments, we do not reach appel-
lant's claims that the agency's order also violated the Equal Protection
Clause of the Fourteenth Amendment, and that it is both overbroad and
vague.
e
~7~'
OCTOBER TERM, 1979
BRENNAN, J., concurring in judgment
447 U. S.
volves the suppression of speech, the First and Fourteenth
Amendments require that the restriction be no more extensive
than is necessary to serve the state interest. In this case, the
record before us fails to show that the total ban on promo-
tional advertising meets this requirement.15
Accordingly, the judgment of the New York Court of
A ppeals is
Reversed.
MR. JUSTICE BRENNAN, concurring In the judgrpent.
One of the major difficulties in this case is the proper
characterization of the Commission's Policy Statement. I
find it impossible to determine on the present record whether
the Commission's ban on all "promotional" advertising, in
contrast to "institutional and informational" advertising, see
ante, at 559, is intended to encompass more than "commercial
speech." I am inclined to think that MR. JUSTICE STEVENS
is correct that the Commission's order prohibits more than
mere proposals to engage in certain kinds of commercial trans-
actions, and therefore I agree with his conclusion that the
ban surely violates the First and Fourteenth Amendments.
But even on the assumption that the Court is correct that
the Commission's order reaches only commercial speech, I
agree with MR. JUSTICE BLACKMUN that ll[n]o differences
between commercial speech and other protected speech ju~tify
suppression of commercial speech in order to influence public
conduct through manipulation of the availability of informa-
tion." Post, at 578.
Accordingly, with the qualifications implicit in the pre-
1~ The Commission order at issue here was not promulgated in response
to an emergency situation. Although the advertising ban initially was
prompted by critical fuel shortage in 1973, the Commission makes no claim
that an emergency now exists. We do not consider the powers that the State
might have over utility advertising in emergency circumstances. See State
v. Oklahoma Gas & Electric Co., 536 P. 2d 887, 895-896 (Okla. 1975).
.
CENTRAL HUDSON GAS & ELEC. v. PUBLIC SERVo COMM'N 573
557
BUCKMUN, J., concurring in judgment
ceding paragraph. I join the opinions of MR. JUSTICE BLACK- .
MUN and MR. JUSTICE STEVENS concurring in the judgment.
MR. JUSTICE BLACKMUN, with whom MR. JUSTICE BRENNAN
joins, concurring in the judgment.
I agree with the Court that the Public Service Commis-
sion's ban on promotional advertising of electricity by public
utilities is inconsistent with the First and Fourteenth Amend-
ments. I concur only in the Court's judgment, however,
because I believe the test now evolved and applied by the
Court is not consistent with our prior cases and does not
provide adequate protection for truthful, nonmisleading, non-
coercive commercial speech.
The Court asserts, ante, at 566, that "a four-part analysis
has developed" from our decisions concerning commercial
speech. Under this four-part test a restraint on commercial
"communication [that] is neither misleading nor related to
unlawful activity" is subject to an intermediate level of SCTU-
tiny, and suppression is permitted whenever it lldirectly ad-
vances" a "substantial" governmental interest and is llnot
more extensive than is necessary to serve that interest."
Ante, at 564 and 566. I agree with the Court that this level
of intermediate scrutiny is appropriate for a restraint on com-
mercial speech designed to protect consumers from misleading
or coercive speech, or a regulation related to the time, place,
or manner of commercial speech. I do not agree, how-
ever, that the Court's four-part test is the proper one to be
applied when a State seeks to suppress information about a
product in order to manipulate a private economic decision
that the State .cannot or has not regulated or outlawed
directly.
Since the Court, without citing empirical data or other
authority, finds a "direct link" between advertising and en-
ergy consumption, it leaves open the possibility that the State
may suppress advertising of electricity in order to lessen de-
mand for electricity. I, of course, agree with the Court that,
\LTH PROMOTION
_'""0;" P= ""
Vol I, No. I
Printcd in Grcal Britain
Iealth behaviour in schoolchildren
" WHO cross-national survey*
L presentation of philosophy, methods and selected
~su1ts of the first survey
ElF EDV ARD AARG and BENTE WOLD
:partment of Social Psychology, University of Bergen, Norway
ASSE KANNAS **
'partment of Health Sciences, University of Jyvaskyla, Finland
;ATTI RIMPELA ***
:partment of Public Health, University of Helsinki, Finland
UMMARY
Health Behaviour in Schoolchildren. A WHO Cross-
'ational Survey" was started by researchers from three
uropean countries. Presently, more than 10 countries
.it_... European region of WHO are accepted as
:i the project.
l. y is oriented towards behavioural and social
~ience. and its basic philosophy is described as a
restyle approach. In the first part of this article, dif-
?rences between traditional epidemiological research
lid lifestyle research are outlined. The concept
lifestyle" is clarified, and the focuses of lifestyle,
ealth promotion and health education research are
'escribed. It is argued that aspects of lifestyle not con-
idered to be directly related to mortality or morbidity
'lay be more important for an understanding of
ifestyle of individuals or groups than aspects more
?irectly related to health.
* The World Health Organization-EURO, Health
Education Unit (Ilona Kickbusch, Regional
Officer, Desmond O'Byrne, Technical Officer)
has adopted the project as a WHO collaborative
study. International planning meetings have
been arranged by WHO. The present publication
does not necessarily reflect official WHO policy.
.. International coordinator of the first survey.
'.. In collaboration with: Pam GilIcs (Eneland)
Brigitte Gredler (Austria) Frank L;dwith
(England) Peter Lorant (Austria) Per M.
L0chsen (Norway) and Jorma Tunjala (Finland).
\.
~ .~
Health-related habits, lifestyle and psychosocial
aspects of health are chosen as criterion variables of
the study. The personal and environmental context of
l(restyle are the main factors on the predictor side, and
the findings should also be discussed in a demographic
and macrosocial context.
National cross-sectional surveys (n at least 3000) are
carried out regularly in an increasing number of coun-
tries. Data are collected anonymously at school, cover-
ing three age groups (mean age 1l.5, 13.5, and 15.5
years). One part of the questionnaire consists of a core
of questions and is repeated in every survey. The other
part has a special focus which changes from survey to
survey. Comparability of data across countries is given
high priority.
Resultsfrom thefirst survey (1983-84) ore presented
to illustrate the relative importance of country,
indicators of inequality, social network, and beliefs in
the harmful effects of smoking as predictors of smok-
ing habits. The results confirm that a wide range of
predictors are important.
In line with the philosophy of the project, the focus
of the second survey (1985-86) is on physical activit)'
(as a positive health habit) and psychosocial aspects of
health.
Finally the report mentions some of the more prac-
tical and administrative problems related to this kind
of cross-national research, and describes some of the
limitations of large-scale cross-national surveys.
~.. ~.
17
18 L. E. AARO, B. WOLD, L. KANNAS AND M. RIMPELA
INTRODUCTION
In 1982 the planning of a cross-national survey
on health behaviour in schoolchildren was
started by researchers from three countries:
England, Finland and Norway. Shortly after,
the project was adopted by the World Health
Organization for Europe as a WHO col-
laborative study. The first survey was carried out
in the three pioneer countries and in Austria in
the winter of 1983-84. '
A second survey has been planned for
1985-86, and at this stage, 18 countries have
considered participating. Eleven countries have
been accepted, and are planning the collection of
data. New surveys are to be conducted regularly.
According to the present study protocol, data
will be collected every second year.
The first survey was coordinated by the
Department of Health Sciences, ,University of
Jyvaskyla, Finland. The second survey is co-
ordinated by the Department of Social
Psychology, University of Bergen, Norway.
The purpose of this article is to introduce the
study to a wider audience, and to describe the
aims, the basic philosophy, the principles and the
methods of the study. Some examples of the kind
of results to be reported, and possible interpreta-
tions of these findings, are also given. The study
has been previously presented at conferences
(Kannas et al., 1984, Aaflll et aI., 1984, Aarlll et aI.,
1985) and in reports to WHO (Kannas et aI.,
1986, Rimpela et aI., 1986).
The philosophy of the school-children project
The overall goal of the survey is to increase our
understanding of lifestyle and health behaviour
LIFESTYLE RESEARCH
and their context in the lives of young people. III
areas where there is reason to believe that en.
vironment, lifestyle and behaviour influence
health, another kind of research should follow.
studies on lifestyle, health behaviour anli
attitudes, and on the factors influencing thest
health-related characteristics of individuals.
Unfortunately this field of research is not as yet
well defined or developed. Figure 1 shows th'e
relationship between lifestyle and some factors
related to lifestyle.
Epidemiological research is concerned with th'e '
relationship between health on the one hand, ant!
environment and lifestyle on the other. By health
we refer to somatic, mental and psychosomatit:
health. For epidemiologists, the main task is to
identify factors which may influence health.
In epidemiology it is important to identif'y
statistical associations, to determine causality of
relationships, and to quantify the strength of
these relationships. Consequently, epidemi-
ological research focuses strongly on those
aspects of lifestyle and environment which it 'is
possible to measure in mass surveys, and which
may have an impact on health. Traditionally,
mortality and morbidity. have been the most
important criterion variables, and consequently
epidemiology has focused on health-damaging
factors and named ti:1ese risk-factors. Within th'
tradition, there is no fundamental difference 'b
tween variables like systolic blood pressure,
smoking behaviour, environmental strain, ai'
pollution and lack of social support. They are a:l
possible risk factors. Aspects of lifestyle am
environment having no impact on health are nct
of interest within this paradigm. Epidemiologicrl
research focuses first of all on arrows 1 and 2 i1
figure 1.
EPIDEMIOLOGY
Politics. policy
and planning
Ii ~
Environment
(physical
and social)
1i
Education
and information
Lifestyle
Health
Figure 1 Health, lifestyle and its context, so~
principal components and their interrelatio-
ship. A simplified model.
:~'~~.'i~~~'t: ~r:-_~ ,~!;
, ,,)! r'
'. ,
. .
. .
"
r.' ' ther kind of research involves studies on
e and its context. Our assumption is that
,jfestyle research should be based on-a philosophy
Jnd assumptions which are qualitatively dif-
,'erent from those of epidemiological research.
30rne basic clarifications are needed, before
jescribing the differences in more detail:
Lifestyle is understood as relatively stable
oat/ems of behaviour, habits, attitudes and
I'alues which are typical for the groups one
?elongs to, or the ,groups one wants to belong to.
fhis definition is close to the one proposed by
Wenzel (1982). Wenzel defines the lifestyle of an
individual as the entirety of normative orien-
tations and behaviour patterns which are
developed through processes of socialization.
fhis means first of all that lifestyle is not only
Jehaviour, but also includes the attitudes and
..alues of the individual. It also means that these
lspects of the individual must be more or less
.nterrelated, and therefore deserve to be labelled
"patterns";
The above definition also implies that even
though the "entry point" of the phenomenon
is the properties of the individual, these proper-
ties are closely linked to social and physical
surroundings. It also includes patterns of
'.. r, habits, attitudes and values which are
, ssarily in harmony with the groups an
:n al belongs to, as long as these patterns
1re anchored to other reference groups.
The lifestyle of an individual, or of individuals
belonging to a specific population subgroup, is
related to the socioeconomic circumstances and
'JY the resources available to its members. Even
when a certain lifestyle is not dependent on
material resources, the adaptation to new lifestyles,
like changing health habits, may require different
kinds of resources. Prerequisites for changes
in health-related aspects of lifestyle may be:
I access to information, support from significant
:>thers, mental surplus, and in some instances
11so a low-strain life situation. These aspects are
I taken care of in one of the definitions of lifestyle
I ?roposed by WHO (1983). It is maintained that
"restyle is dependent on socio-economic circum-
,tances, and that the ease with which an individual
:nay choose certain lifestyles over others varies.
The SCope of lifestvle research
il h . .
. e aVlOur and habits which have been shown to
:1redict death or disease comprise only one part
..
. ;,0,
HEALTH BEHAVIOUR IN SCHOOLCHILDREN 19
of the total lifestyle of an individual. Aspects of
lifestyle found relevant to health through epi-
demiological research, may not necessarily be the
same aspects as are important for an understand-
ing of lifestyle itself. For example, one important
aspect of the lifestyle of young people concerns
their leisure time activities. The degree to which
they spend their time with peers or with adults is
a strong predictor of addictive behaviour like
smoking or use of alcohol. Time spent outside
the home with friends is one possible element in
an operationalization of affiliation to peer
groups. It may give an indication of young peo-
ple's preferences as far as the conflict between
adult values and peer group values is concerned.
From an epidemiological point of view, however,
time spent outside the home with friends may be
of less interest.
Figure 2 shows the relationship between some
important factors in lifestyle research. One im~
portant point is that the health-related aspects of
environment and lifestyle comprise only one part
or one aspect of environment and lifestyle.
Focusing on the health-related aspects exclusively
may hinder an understanding of how lifestyle is
influenced, and changes over time. Studying
lifestyle from an epidemiological point of view
may be compared to studying climate. and
weather processes from the periscope of a sub-
marine. It may be possible to classify the weather
as good or bad, and from a large number of
observations even to calculate the risk of ship-
wreck. It would be an extremely difficult under-
taking, however, from such a limited and narrow
perspective to develop an understanding of the
processes behind changes in climate and weather.
The scope of lifestyle research is broader In
several different ways:
1. As already mentioned, other aspects of life-
style than those directly related to health may
be important for an understanding of lifestyle
itsel f.
2. Other aspects of environment than those
related to health may be important in order to
understand how lifestyle is influenced. The
attitudes of parents and other members of the
family to physical activity and sport are an
important predictor of young people's
involvement in physical activity, but do not in
themselves influence health in a. consistent
and predictable way.
3. Personal characteristics other than those
,1"11,11111111[1"111'
20 L. E. AARO. B. WOLD. L. KANNAS AND M. RIMPELA
ENVIRONMENT
(Physical and social)
Politics
Policy ---+-
Planning
Lifestyle-related
aspects of
environment
Health-related
aspects of
environment
H
PERSON
Education
Information ~
Advertising
etc.
Lifestyle
Personal
characteristics
not included in
lifestyle
Health-related
aspects of
lifestyle
included in the lifestyle concept may be im-
portant for an understanding of how lifestyles
develop and change. Personality may predict
ability to stop smoking. Cognition (if defined
as separate from the concept "attitudes")
(Shaw & Wright, 1967) may stabilize attitudes
relevant to lifestyle. _
4. Lifestyle research studies the relationship
between person and environment from a socio-
psychological and ecological perspective, tak-
ing into account the macrosocial context.
Figure 3 is an overview of some important dif-
ferences between the traditional epidemiological
An epidemiological
approach:
a) Identification and
quantification of causal
relationships
b) Relationships between
one dependent and a
limited number of
independent variables
c) Focusing on variables which
may explain mortality,
morbidity and health
d) Associations which
are relatively constant
over time and across
cultures and countries
e) Isolating relationships
Figure 3 An epidemiological versus a lifestyle approach.
8
Figure 2 Person. environment and lifestyle.
A simplified model.
approach and a lifestyle approach. The descrip-
tion is "idealtypisch", and is not intended to be aj
thorough and balanced characterization of allt
branches of current trends in epidemiological
research. Further, it is mainly a description of thei
epidemiology of somatic disease.
The inte-rpretat1on of relationships
In epidemiological research, it is import
identify causal relationships between variables. A
risk factor is only a risk factor if, on the basis of all
available evidence, it can be shown to influence
health. To investigate causal relationships, other
A lifestyle approach:
a) Describing and understanding
processes
b) Relationships in more
complex systems and
networks of variables
c) Focusing on variables which
may increase our understand-
ing of human beings in a social context
d) Processes changing over time
and depending on culture,
country and circumstances
e) Describing and analyzing in
a wider context
~ are first of all regarded as confounding
es which should be controlled for.
ifes,y!, r,'mch, the cau,es of a particular
ind of behaviour will seldom be identified as a
mited number of independent factors. Very
ften, the process itself is the only possible
"planation.
When young people start smoking, the most
nportant predictor is the smoking behaviour
nd smoking-related attitudes of "significant
thers". The strongest statistical relationships are
)Und with th.e smoking habits of the best friend.
cannot be concluded from this that a person's
noking habits were caused by the smoking
abits of the best friend, or vice versa. It is possi-
:e that with another combination of friend-
lips, none of the persons concerned would have
:come smokers. It is also possible that if the in-
-rpersonal relationship between two young peo~
.e had developed slightly differently, neither of
:em would have started experimenting with
noking. A description of such interpersonal
rocesses may be more important for an
nderstanding of smoking behaviour in
:enagers than merely identifying strong predic-
Irs of smoking.
Our view is not that.:ausality is unimportant in
ir." researc h.. In the case of intervention
it is important to identify the effects
. . ervention. The important point in this
mtext is' that the perspective of establishing
IUsal relationships is insufficient for an under-
anding of how lifestyles develop, are maintained
ld are changed.
erson and environment
nvironmental factors are probably the group
ith the strongest influence on lifestyle. As
ready. mentioned, the strongest predictors of
nokin& youths, are significant others' smoking
:haviour and others' attitudes to smoking.
milar findings are reported in studies on
lysical activity. Concepts like "behavioural
.>rms", "norms of opinions", "social
:twork", "social support", "model learning",
Id "climate of opinions" are therefore of
1 ntr~1 ~mportance to lifestyle research.
.Thls IS reflected in our way of using the word
Ifestyle". Lifestyle refers to patterns of
:h~viour, habits, attitudes and values which are
Olcal of the groups one belongs to or of the
oUps one wants to belong to. One implication
I I I III
I
IIII
HEALTH BEHAVIOUR IN SCHOOLCHILDREN 21
of this is that lifestyle research focusing ex-
clusively on personal factors like attitudes,
motivation, beliefs and opinions, represents an
individualization of social problems. The
lifestyle of an individual can only be understood
in its environmental context.
Another problem is neglect of the personal
factor. Restrictions on the advertising of harmful
products and restrictions of the products them-
selves are interventions in the environment. Such
restrictions may be impossible to impose,
however, without the support of the public in
general. If they are passed, the effects may not
always coincide with the intentions. A few
years ago, a proposal to reduce the percentage
of alcohol in beer was put forward in the
Norwegian Parliament. This led to a mass of
protests, and these protests were supported by a
large number of young people. The proposal was
withdrawn and the net effect of the publicity was
probably negative. The personal factor had been
neglected.
The school-children study and lifestyle research
The study on "Health behaviour in school-
children. A WHO cross-national survey" can be
characterized as a lifestyle project. The approach
is not epidemiological. This does not, however,
exclude the possibility of findings relevant to epi-
demiology. Data from the first survey (1983-84)
can for example be used to analyze the relation-
ship between respiratory symptoms and smoking
behaviour (Aar~ et aI., 1985).
The study does not focus only on aspects of
lifestyle directly or indirectly relevant to somatic
health. It also includes mental and psychosocial
aspects of health. In the field of mental and
psychosocial health, the survey includes not only
indicators of lifestyle, but also indicators of
health. This is partly because mental health itself
may be an important predictor of lifestyle.
Further, it considers the lifestyle of human be-
ings in a social and environmental context, not
exclusively in an individual one. It is not a health
promotion or a health education project. Inter-
ventions are not a part of the project itself. One
extremely important goal, however, is to influence
national policy in the field of health promotion in
young people. The project is not essentially an
evaluation project, although cross-national com-
parisons of trends may throw some light on the
effects of national health promotion policy.
IIIIII111111
I I I1III 111"
III
I
I IIII I
III
22 L. E. AARO. B. WOLD, L. KANNAS AND M. RIMPELA .
ard procedure for the collection of data,
Aims of the school-children study standardized procedures for analysis and presen.
The central goal of the project' is to increase our talion.
knowledge and understanding of lifestyle and Further, surveys should be carried out in an
health behaviour and their context in young peo- increasing number of countries at regular inter-l;
pIe. The surveys constitute the major empirical vals, preferably every second, third or fourth
base of the project. Several kinds of results will year. A "core" of questions should be repeated:
be available from the data collections. The most in every survey, allowing for comparisons of I
important gWnps of questions a<< the fuHowing, trends over time. These co<< questions cover _I
I. Health-positive and health-negative aspects wide range of health-related hfabitshlikb: smoking I
of behaviour, habits and lifestyle in general behaviour, physical exercise, ood a Its, use of
2. Personal characteristics related to lifestyle alcohol, use of seat belts, oral hygiene, and sleep.
3. Perceived environmental conditions related to ing habits. The rest of the questionnaire Tcohn.
lifestyle (physical as well as social). stitutes the "special focus" of the survey. is
4. Perceived health part of the study is also common to all countries,
but changes over time. The special focus of the
first survey (1983-84) was on smoking habits in
an interpersonal and intra personal context. The
special focus of the second survey (1985-86) is
on physical activity and the psychosocial aspects
of health (See also Aar~ et aI., 1985 and WHO,
1985).
These groups of questions can be analyzed against
background variables as well as against each
other. Of central importance is the analysis of
perceived health by lifestyle and of lifestyle by
personal characteristics and environmental Con-
ditions.
Further, these variables and the patterns of
associations between them can be studied over
time, across countries, and time trends can be
compared between countries. The findings must
be described in a context where national and
regional cultures and policies are taken into
account.
One important goal is to develop national ex-
pert and resource groups in the field of lifestyle
research in young people. Last, but not least, the
findings and results of the project must be com-
municated to politicians, decision-makers,
school authorities, teachers, pupils, and the
public in general. This communication of results
is the responsibility of the national project
groups as well as WHO.
METHOD
Oyerall plan
The plan is to carry out surveys among school-
children in a number of European countries. The
collection of data should take place within a
specific, limited period of time, and the pupils of
each grade included should have approximately
the same mean age and age variation. The
questionnaires should be translations of an inter-
national standard version, and comparability
between countries should be ensured as far as
possible. This implies the application of a stand-
Study population and sample
The study population is defined as children aged
I I, 13 and 15 years. The ideal is to have a sample
of pupils from these thre~ age groups wit
following mean'age: 11.5, 13.5, and 15.5
At least 90 per cent of the children shoul
within the age range plus or minus half a year,
and none of the pupils should be outside plus or
minus one year from the,mean age of the relevant
age group. The samples should be representative
of whole countries, or of geographical units with
more than one million inhabitants. The pro-
cedure for collection of data favours a sampling
procedure with classes or schools as the sampling
unit. To reduce standard errors of estimates,
classes are preferred as the sampling unit. The
sample size should be at least I 000 pupils of
each grade in each country. The total sample size
in each country is therefore at least 3 000
children.
Data collection procedure
The questionnaire consists mainly of pre-
categorized questions. It is to be filled in by the
pupils in the classroom. The administration of
the data collection in the classroom can be
delegated to teachers or to other professional
groups after special training in data collection.
An important principle is to apply a procedure
.
.
.suring anonymity or confidentiality. Different
.. "'1S are chosen for different countries. In
: untries, the questionnaires are collected
er they have been put into envelopes sealed
: the pupils themselves. Before filling in the
lestionnaires, the pupils should always be in-
lrmed about the procedures, and encouraged to
ve answers as honest as possible.
ata processing and analysis
he data collected in each country are computer-
ed by the national group of researchers. The
:'ocedure for coding and the package for
atistical analyses are common for all countries.
fter national computerization of the data, all
Ita files are exported to the coordinating centre
lr "cleaning". A common comprehensive data
!e is constructed, allowing for efficient and
lmparable analyses of similarities and differ-
Ices between countries. The international set of
Ita is re-exported to those countries who want
I participate in the international reporting of
:sults. International reporting can only take
lace after agreement with the' other countries
wolved, with the coordinating centre, and with
mo.
The number of analyses which can be per-
)rm~d on a set of data with approximately 150
~.and samples of more than 3 000 pupils
. eral countries, and with repeated
.II' regular intervals, is large. Even if only
small proportion of these possibilities is of
~bstantial interest, the richness of a survey with
1is design is striking. A more detailed descrip-
.on of methods is available (Aar~ et aI., 1986).
lata collection of the ffrst survey (1983-84)
\s mentioned above, the data collection of the
irst survey took place in four countries. In
,\ustria the sample consisted of 3 083 .pupils
"rom 120 classes and 40 schools. In Norway the
inal sample comprised 3 403 schoolchildren
i 'rom 80 schools. The sampling unit was the
.chool in, both countries. The Finnish research
;roup was able to use classes as the sampling
'I ~nit. The final sample comprised 3 618 pupils
rom 154 schools. Independent samples were
.elected for each grade.
I For practical and economic reasons it was not
10ssible to carry out the survey among a sample
, )f'pupils from all over England. Instead school-
':hlldren from two cities (Nottingham and
HEALTH BEHAVIOUR IN SCHOOLCHILDREN 23
Salford) were chosen as the study population.
Pupils (3 398) from 28 schools participated in the
English part of the study.
A more thorough description of sampling pro-
cedures, response rates etc. is given by Kannas
et al. (1986). The sampling procedures applied
ensure representativity, and the rates of non-
response were moderate in all countries.
The computerized data were exported to the
Department of Social Psychology, University of
Bergen for cleaning and inclusion in a common
datafile for all countries. The cleaning pro-
cedures included the following:
· checking of inconsistencies
· redefining missing values into valid values
using logical conditions
· deletion of cases with missing values for more
than 75 per cent of selected variables
· deletion of cases out of range for age. Out of
range was defined as being outside plus or
minus one year from mean age of the relevant
grade in the relevant country.
Selected results from the first survey (1983-84)
The first survey included several groups of ques-
tions:
I. Background variables (sex, grade, age,
parents' occupation).
2. Reported health behaviour (positive and
negative) as well as other relevant aspects of
the lifestyle of young people.
3. Personal characteristics related to health
behaviour (primarily smoking habits) and
lifestyle (beliefs, opinions, self-image etc.).
4. Perceived characteristics of the physical and
social environment (smoking behaviour and
attitudes of significant others, school environ-
ment etc.)
5. Aspects of health (psychosomatic and
psychological complaints, height, weight,
morning cough etc.).
The main focus of the first survey was on smoking
habits and their intra-and interpersonal context.
We will look at this field as an example. Three par-
ticular aspects will be elucidated briefly:
I. Differences in smoking habits between coun-
tries, across grades and between boys and girls
2. Smoking habits related to selected predictors
(school achievement, attitude to school, plans
for the future, country, number of smokers in
close family)
24 L. E. AARO, B. WOLD, L. KANNAS AND M. RIMPELA
3. Belief in the harmful effects of smoking related
to the same set of predictors, and to smoking
habits.
These issues touch upon some of the central pro-
blem areas of current smoking and health educa-
tion. First, a comparison of prevalences of
smokers between countries (and preferably com-
parison of trends) is of importance for the
evaluation of national anti-smoking efforts.
Secondly, the lack of strong associations between
beliefs and smoking habits raises doubts about
some of the traditional (medical and epidemi-
ological) models of health education. Thirdly,
since the school itself is considered one of the
most important channels for communication of
health education messages, it is important to
study more carefully the relationship between
smoking habits and the pupils' relationship to
school. Taken as a whole, these areas of focus
also throw light on the kind of factors of import-
ance to health promotion among young people.
Prevalence of weekly smokers:
cross-country comparison
Table 1 shows the prevalence of weekly smokers
among boys and girls by grade and by country.
The figures in this table are not directly com-
parable. An analysis of age by grade revealed
clear differences in mean age within correspond-
ing grades across countries. Finland and Norway
were very close. In the highest grade, Finnish
pupils were 0.1 years older than the norm, and
Table 1 Weekly smoking by age, country and sex.
'" '4
Norwegian pupils were 0.1 years younger,l
However, the mean age of Austrian pupils of the
corresponding grade is minus 0.7 years compared l
to the norm, and the English pupils were 0.6 f
years older than the ideal mean age. Adjustments c.
for age are necessary before direct comparisons
can be made between countries.
Figure 4 and Figure 5 show the percentage of
weekly smokers by age and by country. Based on
the assumption that the recruitment of smokers
is equally (and linearly) distributed over seasons,
the vertical distances between the lines can be
considered valid estimates of differences in the.
proportion of weekly smokers between countries r
at a given age. Among boys, Finland has the ~
highest percentage of weekly smokers through all ~'
age groups. The differences between the other
three countries are relatively small. Among
girls, all grade levels considered, the differences
between countries are negligible. Among f
Norwegian girls, however, the proportion of t
weekly smokers increases more strongly between
the middle (age 13) and the highest grade (age 15)
than in any other country. (From 5.6 per cen
27.6 per cent.) The general impression is th
countries involved in the 1983-84 surve
relatively homogeneous as far as the proportl
of weekly smokers is concerned.
II
Smoking and health beliefs,
cross-country comparisons
For three of the countries, a checklist of items
dealing with the relationship between tobacco
.
30
25
r=
.. 20
.>i.
0
~
>.
:;c
.. 15
..
~
c
..
u
...
.. 10
"-
5
HEALTH BEHAVIOUR IN SCHOOLCHILDREN 25
" Finland
/
/
/
/
/
./
/
/
/
/
x/
/l<
/
/
/
./
./
./
./
/
/
,,'
Norway
4
/
/
/
/
/
/ )(
/....
/..'
/..'
/....
/..'
/.... .
/..'
/.... *
~.'
'"
~...
lI'"
..............x
...J'''
......;/
)Co' +
11.5
15.5
13.5
Age
Figure 4 Proportion of weekly smokers by age and country: boys
F
i
~
t::
.'
~
~:
f'
r:
r
I'
t.
~- t
.
t
i'
.t'~' ~rn.oking and health was included in the question-
.; .alre. The items had to do with smoking and the
" ~Isk of ilIness and death, passive smoking, smok-
'lng d
~. eff an pregna~cy, and the short-ter":l somatic
t CCts of smokmg. The smallest possIble score
i.
~
~
30
-
to,l
t~
~
~
..
r'~
25
r=
u
.>i.
0 20
E
'"
>.
:;c
..
..
~ 15
C
..
u
...
..
"-
10
5
Norway;
/ "
/
I / Finland
//
/ .
//
i/.."
/.... Austria
/I....
/1"
./
/1
/.1
/...i
" ../
,,...../
/ ." /
./ .... /
/ //
:--' .... </
...".......+
./. ,....-x'"
\~..;.;..;;...""
.....~:,.....
: England
11.5
13.5
Age
15.5
Figure 5 Proportion of weekly smokers by age and country: girls
on this scale is 0, and the maximum score is 10.
High score means a strong belief in the harmful
effects of smoking.
Figures 6 and 7 show mean scores and stan-
dard deviations by smoking habits and country
v'
26 L. E. AARO, B. WOLD, L. KANNAS AND M. RIMPELA
10
8
u
5
u 6
"'
u
co
"t:l
u
~
0 4
c::
::.:
2
.
--------------------------
---------------
~4")
fi-
t.:;};'
~;.
'1!/
,J"
,f'
jl.
;>~
,~.
i';'~::
";~'
!,,,Ii
.~.i
,""".
F.I N LAN D
f~;';~:
':i~:::
:~::i~~
t~
:'$
~~
I
:,::/.
.~>
.':.~.:.:.
;,,~ If
J,i
,j:.
.~~
.,... ~r.
.':/l'
,."P
~;~ ....:.':.
......
, ... :~l~~
- ,'''.''',
.F ........
..:.::....
..:....:
::~}
....x-:
:;'q:
0:;~~
'g
-::~:~
~::::}::
..."
:~t;:
~~;:r
,;~.,:
~~-.-:
>:;~:::
.,},~.:
NORWAY
IE] Smoke more seldom
[E9 Non-smokers
------------
'i~;'i"
'i.'"
i"
f~~~~
t~
FINLAND
.::.,'.;
.:":::;:
.........
~lm{
~::::::
:\\%
Figure 6 Tobacco and health belief score by smoking behaviour and country, boys, highest grade (age 15)
~'l
AUSTRIA,
. Daily smokers
o Weekly smokers
AUSTRIA
III Daily smokers
o Weekly smokers
10 -----_____________________
::~..:'.
'::::.
Wf:{
8
u
5 6
u
"'
u
co
"t:l
u
~ 4
0
c::
::.:
2
:)::(
':~:~:~
~;::~i
.....:.
;i~~{:
'.:...~ ::
.~...
;:".;.:"
:.;::::=
f.~
mw
~i~~
NORWAY
IE] Smoke more seldom
D Non-smokers
Figure 7 Tobacco and health belief score by smoking habits and country, girls, highest grade (age 15)
among pupils of the highest grade, for boys and
girls separately.
In all countries, the differences between boys
and girls were negligible (maximum 0.1 points).
Comparisons between countries, however, show
that a belief in the harmful effects of smoking is
stronger among Finnish than among Austrian or
Norwegian pupils. It may be worth noting that
Finnish boys, who smoke more than boys from.
any other country, scored on average one point
more on the smoking and health belief scale. It is
known from other studies that the present trend
.... -'" ~ I~ .}<:;".';-' ~ _J". . t...~,_. \:).\ . ..!-(~'" .;. .4...... ; . ,'" 5?~'" ..,,' i'l."'!lI,..~'I.i, ~. "~'X !I.~ 1
~'i )"~4;.") A......~~..... ~.t~'-, ';";~....y~; ..;-J.~ ~_;..,.",;:<ot',l "/'.,'iE.v-.":li~"""f'l:lf.-!,::)""........t",:";c..:otf fI.<t"l J~t::"~....."f.'I'....:''''i'' l- ("'t~I<:".'~,.~:'?.\"~~7(.I,<.':"M" ;.';'t\"_l'''H~ ,~~ r~";"-"f..,.\.... ..,.
.~::' 'J: '.,~'~' .:';:/..~.:::-~~~~~~.f.:',:'\:~.~::~~:~;~\~}~;t.-::.:f!/~~~~~:..,;: ~(7:;~;;~~~~;!J~~.~~:'~:~:.~~: .i,'~<7~...: /" .< ,~.: '~~.,~ ~.:-.~.;.~- ~?i':~~r
. .. ,.~,.\~ '"~<~
~,
/ '
I.' . Finnish youth, after a period of decrease
prevalence of smoking, is now less
ncouraging (RimpeHi, M., 1986, personal com-
~unication, manuscript under production). A
'rong belief in the harmful effects of smoking
'oes not automatically guarantee that a decrease
:l smoking will take place.
moking habits predicted
"abIes 2 and 3 show the prevalence of weekly
mokers by school achievement, attitude to
:hool, plans for the future and country. The
,resentation has been restricted to the highest
Jade level. When the grand mean in Table 3 is
hown to be 0.23, this is to be understood as 23
'er cent smokers among boys of the highest
HEALTH BEHAVIOUR IN SCHOOLCHILDREN 27
grade. The unadjusted deviations show the
deviations from this mean for different
subgroups. When boys who report being bad at
school show a deviation of plus .17, this means
that the prevalence of weekly smokers in this
subgroup is 40 per cent. Among those who report
being good at school, the prevalence is down to 9
per cent. Eta is a bivariate measure of association
when the predictor is categoric;al, and the
criterion variable is on an interval level (in-
cluding dichotomies). Beta is the corresponding
measure of association when other predictors
have been controlled for. .
For all the countries collapsed, the associations
between the variables related to school and
academic ambitions on the one hand, and weekly
Table 2 Proportion of weekly smokers by school achievement, attitude to school, plans for future, number of
smokers in close family, and country. Boys. (highest grade,1) (approximate age IS). Multiple Classification
Analysis.
Grand mean = 0.23
PREDICTORS
Categories Unadjusted Adjusted
n deviations eta deviations beta
SCHOOL ACHIEVEMENT
..'" .. "ho01 321 .17 .10
829 .04 .02
691 -.07 -.04
Good at school 285 -.14 .u -.09
.23 .13
ATTITUDE TO SCHOOL
Likes school 628 -.10 -.06
Neutral 983 -.01 -.01
Dislikes school 515 .14 u. .09
.21 .13
PLANS FOR FUTURE
College, university 783 -.11 -.06
Other 1343 .06 ... .03
.19 .10
NUMBER OF SMOKERS IN F AMIL Y
0 739 -.10 -.08
I 690 .00 -.01
2 504 .05 .05
3-4 193 .23 u. .19
.22 .19
COUNTRY
Austria 535 -.06 -.05
England 538 .00 -.03
Finland 542 .07 .07
Norway 511 -.01 .u .01
.11 .11
...: p < 0.001 (Chi square test for contingenc)' tables)
I. In the case of dichotomous dependent variables, the smaller category should not contain an extremel)' low proportion of
cases. The analysis of weekl)' smOking has therefore been restricted to the highest grade.
~
IIIII11 III '1
I'
i I
I
. .O"t:". .....
~'f";L'IA ~Ij'
28 L. E. AARO, B. WOLD, L. KANNAS AND M. RIMPELA
Table 3 Proportion of weekly smokers by school achievement, attitude to school, plans for future, number I
of smokers in close family, and country. Girls, highest grade (approximate age 15). Multiple Classification
Analysis.
Grand mean = 0.25
PREDICTORS
Categories Unadjusted Adjusted
n deviations ela deviations beta
SCHOOL ACHIEVEMENT
Bad at school 234 .22 .14
837 .03 .01
622 -.08 -.05
Good at school 294 -.09 ... -.03
.22 .13
ATTITUDE TO SCHOOL
Likes school 671 -.08 -.04
Neutral 844 -.01 -.00
Dislikes school 472 .12 ... .07
.17 .09
PLANS FOR FUTURE
College, university 1039 -.09 -.05
Other 948 .10 ... .05
.21 .12
NUMBER OF SMOKERS IN FAMILY
0 673 -.15 -.13
I 620 .02 .02
2 474 .09 .07
3-4 220 .22 ... .18
.28 .23
COUNTRY
Austria 462 -.06 -.06
England 494 .02 -.01
Finland 566 .01 .03
Norway 465 .02 .. .03
.07 .08
..: p < 0.01 (Chi square leSI for contingency tables)
"': p < 0.001
smoking on the other, are strong and statistically
significant. The probability of being a weekly
smoker increases when the student
· reports poor school achievement
· dislikes school
· has no plans for further theoretical education
This holds true for both sexes, and also when
controlled (additively) for country and for other
predictors in the equation. The contrasts between
countries are considerably smaller than the con-
trasts between subgroups within countries.
Smoking habits are also strongly related to the
number of smokers in the family. When no one
in the close family is a smoker, 13 per cent of the
boys and 10 per cent of the girls smoke weekly.
When there are three or four smokers in the close
family, the prevalence of weekly smokers is 46
per cent among boys and 47 per cent among girls.
Educational aspirations are also clearly related
to smoking habits. Those who have plans for
theoretical education after secondary school
smoke less than those who do not. More detailed
analyses have been made on data from each in-
dividual country. Additional differences between
subgroups are found when splitting those who
are not planning a theoretical education into
those who are planning a practical education,
those who plan to take a job, and pupils who
expect to be unemployed. The highest pre-
valences are found among the last two groups.
The eta coefficients of school achievement,
attitude to school, plans for the future and
number of smokers in family are all in the range
e:
.. .
HEALTH BEHAVIOUR IN SCHOOLCHILDREN 29
//" . "
.bIe 4 Smoking and health belief score by smoking habits, school achievem~nt. attitude to school. plans
r future. number of smokers in close family, grade. and country. Boys, two highest grades I) (approximate
age 13 and age IS). Multiple Classification Analysis.
Grand mean = 7.24
PREDICTORS Unadjusted Adjusted
Categories
n deviations eta deviations beta
SMOKING HABITS 371 -.24 -.24
Smokes daily
Weekly 159 -.26 - .38
More seldom 304 -.47 -.19
Does not smoke 2317 .12 .09 ...
.11 .09
SCHOOL ACHIEVEMENT 518 -.07 -.10
Bad at school
1226 -.17 -.11
993 .14 .08
Good at school 414 .26 .26 ...
.09 .07
ATTITUDE TO SCHOOL .02
Likes school 1.173 -.12
Neutral 1401 .17 -.02
Dislikes school 577 -.15 .08 .01
PLANS FOR FUTURE .17
College, university \154 .33
1997 -.19 -.10 ...
Other
.14 .07
NUMBER OF SMOKERS IN FAMILY .14
0 1230 25
.. 1008 -.01 -.04
694 -.28 -.12
219 -.51 -.20 ...
.14 .07
GRADE LEVEL -.15 ...
Middle (age 13) 1563 -.10
Highest (age 15) 1588 .10 .06 .15
.08
COUNTRY -.18
Austria 1004 -.22
Finland 1125 .72 .72
1022 -.58 -.61 ...
Norway .31 .31
R2 = .14
...; p < 0.001 . .
I. Questions on the harmful effects of smoking (beliefs) were nOl asked in England. and not In the lowcst grade In Norway.
Beliefs and predictors of beliefs
Tables 4 and 5 show the association between the
belief that smoking is harmful on the one hand.
and several predictors on the other. A com-
parison of various groups of smok~rs and non-
smokers as regards the differences in health
beliefs, shows a weak, but statistically significant
17 to 0.28, for both boys and girls. The beta
)efficients of all the predictors which have to do
ith school are somewhat lower, varying from
,09 to 0.13. A closer inspection of the data
:veals relatively strong intercorrelations bet-
een these variables, indicating that a more com-
iex path model might have been tested out.
J
30 L. E. AARO, B. WOLD, L. KANNAS AND M. RIMPELA
.
Table 5 Smoking and health belief score by smoking habits, school achievement, attitude to school, plans
for future, number of smokers in close family, grade, and country. Girls, two highest grades (approximate
age 13 and age 15). Multiple Classification Analysis.
Grand mean = 7.12
PREDICTORS
Categories Unadjusted Adjusted
n deviations eta deviations beta
SMOKING HABITS
Smokes daily 316 -.11 -.10
Weekly 149 .16 .00
More seldom 261 -.40 -.09
Does not smoke 2345 .05 .02
.08.
.03
SCHOOL ACHIEVEMENT
Bad at school 362 -.15 -.17
1313 -.23 -.13
973 ~20 .07
Good at school 423 .40 .37 ...
.14 .10
ATTITUDE TO SCHOOL
Likes school 1404 -.19 .01
Neutral 1237 .28 .03
Dislikes school 430 -.16 -.06
0.2
PLANS FOR FUTURE .
College, university 1438 .45 .24
Other 1633 -.39 -.21 ...
.24
.13
NUMBER OF SMOKERS IN FAMILY
0 1156 24 .08
I 1001 .04 .03
2 681 -.26 -.09
3-4 233 -.56 -.29 ..
.14 .06 -
GRADE LEVEL
Middle (age 13) 1578 -.30 -.28
High (age IS) 1493 .32 .29 ...
.17 .16
COUNTRY
Austria -.36 -.27
Finland 1106 .85 .76
Norway 1020 -.59 -.58 ...
.36 .33
R2 = .20
..: p < 0.01
"': p <0.001
association. The non-smokers seem to have a
slighlly stronger belief than the smokers in the
harmful effects of smoking. The differences bet-
ween countries are much larger, however, than
the differences between groups with different
smoking behaviour. A one-way analysis of
variance revealed the association (eta) with Coun-
tries to be .31 for boys and .36 for girls. The cor-
responding correlations with smoking habits
were. I I for boys and .08 for girls. "-
The variables measuring relationship to school
are significantly, but moderately associated with
the belief that smoking is harmful to health. III
fact, these predictors seem to be more strongly
associated with smoking habits than with the
belief that smoking is ba<mfulto bealtb. W.
-".r':~l~.1"'''r~f';'~~'"c;'';'1'-':f;:~,'' ~l~.j:~..~.., '..:".'7.I-~;-r ..,. I. ( ..,,_. . ~'lt;":', r... ~... ~....
~\ "~,:.:WV ~.~~..!....;.;..:':.~ . .::.\:i:t'.. '.....; 'J',:,;;' ::.,J ~: ,:.,"'/.<,:;, "t"., :<;'V ~l:;' ::f1,', ~\~].'!"l "~ :1>/1,....,.........::: ,'~..-..,.' .,'. ,~, i~ "', ,;...-:>.,'~~';;';--"~ /' -~ ".'~
........ ...,\ Aooo..s "r r ~'6o .. ,...~.'" -. .........j......._~. _..,-...;.-.l\.......). ."j~ 'I.... ~ " ,.. . ~~ "I # "'~ ',""'" >. ;!,. ~.... rr .,.~...... +.
.,., ;........,.;,. '. . <0...., \ ~~~"":C.'..' .;~......\.. ..-(, . ,4'.,....J"t~.! . \,oo-{'~...L.~....;...I~.;...ij..~-..;,;-~ ..'-....~.4-,..),;r!,..1" ,_---;-1;:_ '_~1~.''':'. -'''~
~L', ,.~ .:~ ~ .,: . .,' ,~,~ '~::~;:'t:"::;~';,~.~ ':':'.';. :. . . ..or~,:,,' :':',(~'~~'~':":','~:'::,;"~:/;.~~' ,~:'/:~ ':" ; , '~~,:,~~" '7 \~:~,::: fr>:~~-~;!]~...
- .'
'J" .. .'-'. .~.
. habits are only moderately associated
untry, belief is essentially dependent on
untry. Further, the analyses of the data reveal
.It pupils from a smoke-free home environment
d pupils who plan a theoretical education after
;ondary school, have a stronger belief than the
erage pupil in the harmful effects of smoking.
may also be worth noting that when other vari-
lIes are controlled for, there is no correlation at
I between the attitude towards school and
Iicfs concerning harmful effects.
ISCUSSION
..mmary of findings
.lme of the above results are well known from
reral studies in young people, and some are
:W. The main findings can be summarized as
,\lows:
In all countries, the increase in the prevalence of
weekly smoking is very strong across the age
groups I I to 15 years.
The prevalence of weekly smokers does not dif-
fer much from country to country. One excep-
tion is that the proportion of weekly smokers
~.<t boys is higher in Finland than the
untries. This is the case for all grades.
rwegian girls, an extremely strong in-
crease in prevalence of weekly smoking is ob-
served from age 13 to age 15.
The smoking and health belief score is high for
all countries, and the standard deviations are
low. This implies a relatively strong belief in the
harmful effects of smoking in all countries, and
a high degree of homogeneity within countries.
· Smoking habits are only weakly related to the
belief that smoking is harmful to health.
· The country with the highest mean score on
smoking and health belief is Finland. The pre-
valence of weekly smoking, however, is not
correspondingly low. Among boys the preval-
ence of weekly smoking is higher in Finland
than in any other country.
· Weekly smoking is strongly correlated with a
negative attitude to school, poor school achieve-
ment (!eported) and no plans for a higher
theoretical education
· Weekly k' .' I .
smo mg IS strong y correlated with a
nUmber of smokers in the close family.
\'ariables of different kinds seem to predict smok-
ng behaviour and the belief that smoking is harm-
...1
<,
::~'\.. ..
,-"",."
'.VI"
HEALTH BEHAVIOUR IN SCHOOLCHILDREN 31
~:- ~'.
\ ':.,\;', ::. ~I~,.'
If!\..
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itJ~;
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u....{..ft
:"J':;~ e~
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,t......,..~,
.~:r\;'.tA:'.
l~ !t"1'1 ~
,,1<. l"\!
'tn~~,. ~
"""~!'
~g~~;~:
'!~i( ~,
1~r ~'"
',:~, 71, '..,
.;\" .'.t~~
'~ina:
't.'n~.
.~~~
,~i:~l~l
.;' ~ ''''~<~."r7'
'~f{\l
.1' ."
t:~'
~~'t;~~
..t. '_'~ .,..,',
1".. - . ...~
~~r;i.! ~:
~ ~'~.,;
j"..rf "
l,\s'i- .
I''}j~~.'~~:;~
"~~\."'~:.'.'
\; ,:
<< .~'.
,..jot: '.
. l~~i ,I'
. f ;!jH('
:~f..};l
, 1 ;"'.tI
"'~-lF.
od!
,,'Fi.'4'":f
!~~.~
.. .~
; ;-;'
\'>>.'
;f;,
,~~
. Oil
!"l,:.:.
.~..
: t!:~
;1,
'm.
I'
;. -
:. {
. ..
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.1 .....
ful to health. Significant associations have been
found with educational aspirations, characteristics
of the social network, reported school achieve-
ments, and attitude to school. Country is also of
importance, especially when belief is taken as the
criterion variable.
Implications of the findings .
The relatively low correlation between belief and
behaviour corresponds well with conclusions
from several studies (Evans, 1979). It seems
increasingly obvious that strong predictors of
smoking behaviour are to be found in the social
environment, in the social network, in the
relationship to friends and close family, in the
relationship to school. A personality and in-
dividualizing approach to understanding and
changing lifestyle is gradually being replaced by
an environmental and social approach. Results
from the present study indicate that this process
should be encouraged.
The most important target groups .among
young people are, to' a large extent, those who
have developed a negative attitude to school.
They also report doing badly at school, and they
do not have plans for a higher theoretical educa-
tion. More thorough analyses of the present data
have revealed that this finding is fairly consistent
across countries. One possible conclusion is that
one of the most important channels of com-
munication for reaching and influencing young
people's smoking habits, the school, has limited
appeal to the typical young smoker. On the con-
trary, smoking and health education as it is prac-
tised traditionally in the school, may be one of
the least effective ways of convincing and in-
fluencing those at whom it is directed. This calls
for the design, construction and testing out of ac-
tions and "packages" for smoking and health
education which will also appeal to and involve
pupils who are "fed up" with school.
The strong associations between variables
related to school and smoking habits may reflect
a more general phenomenon: the tendency for
children from low status segments of the popula-
tion to develop health habits which are not
favourable to health. Wold & Aar~ (1985) have
demonstrated that this seems to be the case in
young people as far as physical exercise is con-
cerned. Additional analyses of the present data,
however, have shown moderate associations with
father's occupational status, indicating that
socio-economic inequality may explain only a
r I II~II
III
1111lUIIIIII'
32 L. E. AARO, B. WOLD, L. KANNAS AND M. RIMPELA
part of the above findings. The relatively low
precision and reliability of children's reports of
their parents' occupation and the problems con-
nected with a proper classification of their
answers call for further exploration.
The lack of clear differences in smoking habits
between countries probably reflects the selection
of countries involved in the study in 1983-84.
However, since Norway and Finland are coun-
tries with a restrictive legislation on advertising
of tobacco products, and the other two countries
are not, a difference might have been exp'ected.
No such systematic differences are found'. Ob-
viously, comparisons of trends over time repre-
sent a more solid empirical basis for further
elaboration of this phenomenon.
Experiences from the first survey (1983,...84)
The 1983-84 survey has revealed several prac-
tical and methodological problems in connection
with cross-national studies of this kind. The pro-
blems of standardizing age within grade levels, or
alternatively controlling for age statistically,
have been mentioned already.
Another problem has been the translation of
the English standard version of the questionnaire
into the national languages. It is often difficult
or impossible to find appropriate words and
phrases. Identical meaning probably cannot be
assured for any of the questions. For all practical
purposes, however, comparability seems possible
for a limited number of behavioural questions
and questions on belief. Elaborations based on
clear statistical differences between countries as
regards individual variables of this kind may be
methodologically acceptable.
Comparisons of trends over time and com-
parisons of relationships between variables
across countries do not require the same kind of
rigorous comparability. The relationship between
father's occupational status and childrens'
involvement in Sport may be compared between
countries even when direct univariate com-
parisons of the same variables are impossible.
This is the case as long as rather rough com-
parisons of direction and strength of associations
are sufficient.
So far, the experiences from the data collec-
tions, computerizing, analyses, and reporting of
data Ilave revealed several practical hindrances.
Using the teachers to collect the data may be a
problem in some countries. Lack of expertise in
II I
computerizing, cleaning, and analysis of data mal
be a problem in other countries. International co.
operation on the reporting may turn out to be c
slow process.
Based on the experiences so far, however, We
are convinced that the philosophy and methods of
the school-children study are promising. The pro.
ject applies a lifestyle approach, frequent inter.
national planning meetings and workshops arc
arranged, and an increasing number of COuntries
are being recruited into the study. In our opinion
the project will bring new insight and findings. It is
up to the national project groups, to the coor.
dinating centres and to WHO to start a process
which will lead to the practical implementation of
the results in national health education and health
promotion progr~mmes.
. H. The limitations as well as the potential of large.
scale cross-national surveys deserve attention.
There is a strong need for more qualitative and
exploratory approaches as a supplement to the
data collections described above. The testing of
new questions and of new ways of operationaliz-
ing lifestyle and psychosocial aspects of health as '
well as other methodological innovations has to .
take place bet\yeen the main surveys.
developments always imply a risk of failure,
the costs and efforts involved in the main data
lections do not allow for such risks to be taken.
The large-scale cross-national surveys therefore
represent a conservative approach.
Interviews with smaller groups of students
may increase the researchers' understanding and
interpretations of results, and permit closer ex.
. amination of the validity ,~nd reliability of
. . answers. In some countries a follow-up of the
same groups of pupils is planned. Panel data
offers improved opportunities to study the pro-
cesses of lifestyle socialization.
REFERENCES
Aar0, L. E. et al. (1984): Social network innuences on
smoking behaviour in schoolchildren. Results from a
WHO collaborative study 1983-84. Proceedings from the
Second Socialist Countries' S}'mposium on Protection of
Children and Adolescents from Smoking. Lodz, Poland.
October 9.-11., 1984, Vol. 2, pp. 3-11.
Aar0, L. E. et al. (1985): Health Behaviour in School- ,
children. A WHO Cross National Survey. A short intro- !
duct ion to principles and methods. Paper presented at the
12th World Conference on Heahh Education, Dublin, .
Ireland, 1-6 September 1985.
, L. E. et al. (1986): Health Behaviour in School-
iidren. A WHO Cross National Survey. Research
otocol for -the Second Survey 1985-86. Department of
cial Psychology, University of Bergen and WHO-
'JRO, Copenhagen.
1S, R. I. (1979): Smoking in children and adolescents:
;ychosocial determinants and prevention strategies. In
.5. Department of Health, Education and Welfare:
'noking and health. A report from the Surgeon General.
HEW publication, pp. 17-1 -17-30.
nas, L. et a\. (1984): Smoking prevalences and the image
: smokers among schoolchildren in some European
)untries. A WHO Collaborative Study on Health Behav-
,ur in Schoolchildren. Proceedings from the Second
ocialist Countries' Symposium on Protection of Children
nd Adolescents from Smoking. Lodz, Poland, October
,_I \., 1984, Vo\. 2, pp. 12-16.
mas, L. et a\. (1986): Health Behaviour in Schoolchildren.
, WHO Cross National Survey. Methods and materials of
le 1983-84 study. In preparation. University of Jyvaskyla,
1cpartment of Health Sciences
kbusch, I. (1981): Involvement in health: A social concept
,f health education. International Journal of Health
::duration, supplement to Vol. 24, No.4, pp. 3-15.
:1pelll, M. et a\. (1986): Health Behaviour in School-
hildren. A WHO Cross National Survey. Concepts, oper-
e
-.
111111111 II
III I
HEALTH BEHAVIOUR IN SCHOOLCHILDREN 33
ationalization, and scales of the 1983-84 study. In prep-
aration. University of Helsinki. Department of Public
Health.
Shaw, M. E. & Wright, J. M. (1967): Scales for the measure-
ment of allitudes. Me Graw Hill, New York.
Wenzel, E. (1982): Health promotion and lifestyles: Per-
spectives of the WHO Regional Office for Europe. Health
Education Programme. Paper presented to the 11th Inter-
national Conference on Health Education, Tasmania,
15-20 August 1982.
Wold, B. & Aarl1l, L. E. (1985): Physical activity, sex roles,
and indicators of social inequality. Report from a survey
among Norwegian schoolchildren 1983-84. Reports from
Faculty of Psychology, University of Bergen, No.6, Vol.
6. (Norwegian Summary and Tables in English available
from the authors).
World Health Organization (1983): Introducing the Health
Education Unit of the WHO Regional Office for Europe.
WHO-EURO, Copenhagen.
World Health Organization (WHO), Regional Office for
Europe (1984): HealthPromotion. A discussion docu-
ment on the concept and principles. Summary report ofthe
Working Group on Concept and Principles of Health Pro-
motion, Copenhagen, 9-13 July 1984.
World Health Organization (WHO), Regional Office for
Europe (1985): Health Behaviour in Schoolchildren. A
Cross National Survey. Protocol.
.. J'=o1 of Add"'i,. (1992) 87, 103-ll0
RESEARCH REPORT
'The development of smoking in Finland from
1978 to 1990
OSSl RAHKONEN,l MARl-ANNA BERG2 & PEKKA PUSKA2
IDepartment of Social Policy, University of Helsink~ Hiimeentie 68 B, SF-00550 Helsink~ and
2National Public Health Institute,Depart71.lent of Epidemiology, Mannerheimintie 166,.
SF-00280 i-ielsink~ Finland
Abstract
. The aim of this study was to analyse differences in smoking between men and women, and between different age
i groups of Finnish adulrsfrom 1978 to 1990. The data were collected by questionnaires from mail surveys of
.1. tative nationwide samples of 15-64-year-olds from 1978, annually._Response rates varied between
. 85) and 86% (1978), averaging 79%. Those who were less than 20 years old were excluded from this
, cause smoking as a habit is well-established in those aged 20 years and over. Male smoking decreased
(from 37 to 33%) and female smoking increased (from 17 to 20%) during the study period. The proponion of
smokers among the youngest men (20-29-year-olds) had decreased clearly, and after the mid-1980s the
proportion of male smokers was highest in the middle-age group (30-49-year-olds). The proponion of smokers
among the middle-aged women increased, but the proportion of smokers was highest in the youngest age group.
Gender difference in smoking was largest in the oldest age group.
Introduction
Gender differences have consistently been found in
mortality and morbidity. Women report more ill-
health, but men die earlier (Verbrugge & Wingard,
1987). In Finland gender differences in overall
morbidity are, however,. almost non-existent
(Haavio-Mannila, 1986; K.aristo, 1991), but gender
differences in mortality are exceptionally high to the
disadvantage of men (Valkonen, 1985). Compared
to, for example, Sweden, the Finnish male mortality
is clearly higher in cardiovascular, lung cancer and
respiratory disease mortality (Valkonen, 1985).
It has been assumed that the causes of gender
differences in mortality lies in health-damaging life-
styles, especially smoking (Waldron, 1986). Perhaps
the most studied life-style in health research has
been smoking. Several studies have previously
shOwn a decreasing trend in smoking among adults
::<e
..~
in industrialized countries. Smoking has decreased
more rapidly among men than among women. WHO
Europe reports that between 1976 and 1983/84
cigarerte consumption in six out of 25 countries had
fallen more than 10%, however, in 10 countries it
increased more than 10% (World Health Organiza-
tion, 1988; Crofton, 1989). It has also been found
that the gap in cigarette smoking prevalence be-
tween men and women is closing Oacobson et al.,
1989).
Cigarette consumption in Finland was the highest
in the world during the 1920s, and much higher than
in other Nordic countries until the late 1930s
(Leppo, 1978). In Finland, smoking was very
common in males born before 1925 (Martelin,
1984). This group participated in the Second World
War and became familiar with smoking when
cigarettes were included in the food allowance for
103
t
1
j
II
~~!
T....;~~
'tI'::;.J
..,.".t
;a:":j
,.';1F..'j
t.'-~'. '
.~:'l
~,
-""I
~~.
"" 'I
"4.:"'
".:\
;t~.~
.-,
.'1
;~;;:, -
~..
104 O. Rahkonen et a!.
soldiers (Valkonen, 1985). The first female group
that adopted smoking wider were those born during
the war (Manelin, 1984). The consumption of
tobacco products increased by about 25% between
1960 and 1975. The proponion of daily smokers in
men, however, slightly decreased from the mid-
1960s to mid-1970s, while in women it increased.
The Tobacco Act was implemented in Finland in
1977. At that time, it was the strictest Anti-tobacco
Act in the world. The act included a total ban on
advenising and all kinds of sales promotion of
tobacco products and smoking, upper limits for the
contents of harmful substances (tar, nicotine and
carbon monoxide) in tobacco products, and health
warnings on the retail packages. Sale of tobacco
products was prohibited to persons under the age of
16, smoking was prohibited on all premises for
children, and on most public transpon and public
premises (Leppo, 1978;'Leppo & Venio, 1986).
The aim of this study was to analyse the
differences in self-reponed smoking between men
and women, and between different age groups
among Finnish adults from 1978 to 1990.
Material and methods
This study is a pan of a larger, on-going study
programme, Monitoring of Health Behaviour among
the Finnish Adult Population, designed to gain
information on trends of health behaviour in the
Finnish working-age population, concerning smok-
ing, dietary habits, use of alcohol, dental hygiene
and physical exercise, as well as subjective health
status, diagnosed illnesses and use of health care
services. The data were collected by the Depanment
of Epidemiology at the National Public Health
Institute. The study material was gathered using a
postal questionnaire. The surveys were in general
outline carried out using the same system annually
since 1978. A random sample of the names and
addresses of 15-64-year-olds was drawn out of the
National Population Register. Two reminders were
sent to non-respondents. The sample has varied
between 4989 and 5999; the number of respondents
between 3418 (1985) and 5037 (1978); and re-
sponse rates between 68% (1985) and 85% (1978),
averaging 79%. Those who were less than 20 years
old were excluded from this study because smoking
as a habit is well-established in those aged 20 years
and over (Pierce, 1989; Novotny et al., 1990).
The survey for the year 1985 was in practice
implemented by another institution. Because of the
I Il~
.~i I
..:';11
exceptionally low response rate (68%) in 1985, We
have omitted that year from the analysis. It could be
estimated that in health surveys among those who do
not respond, there are more smokers than among the
respondents (Wagenknecht et aI., 1990).
The daily smoking index was compiled using
three questions in the questionnaire: 'Have you eVer
smoked in your life?' 'Have you ever smoked
regularly (almost every day for at least one year)?'
and 'When did you last smoke?' (Berg et al., 1990).
Those who reponed to have smoked regularly and
smoked last time today or yesterday were operation-
alized as daily smokers. Daily smoking includes both
cigarette, pipe and cigar use. The proponion of pipe
and cigar use, however, is small; about 4% of male
smokers smoked pipe or cigars daily, none of the
female smokers did. Respondents were classified
into three age groups: young adults (2Q-29-year-
olds), middle-aged (3Q-49-year-olds), and oldest
group (5Q-64-year-olds).
;..~
Statistical analysis
Smoking prevalences were studied in different
subgroups from 1978 to 1990 by fitting logistic
regression models (the GUM programme, see
Balter & Ne!der, 1978). Model fining was staned
from a general mean model (GM), if that was not
accurate enough, a linear trend model was fitted.
Where the general mean model or the linear trend
model did not prove to be superior, a quadratic
function was fitted. (On evaluating the accuracy of
logistic models, see Fowlkes et al., 1988).
The model formulation of the logistic regression
model was: Dependent variable V (daily smoking) is
a dicotomous variable, explanatory variable is X
(year).
{I = if a person is a daily smoker
V=
0= for others
Definition:
1t (x)
1t (x)=Pr/V=IIX=xl, Logit 1t (x) = log ,
1 -1t (x)
logistic regression model=logit 1t (x)=a+p;Xj,
<=> Pr/v=ll=
1 +e-(a+.8..J
j~IIII~IIIIIIIIIIIII_~
'.
enu of ,",oking by gm""
[he observed prevalences by gender and age groups
;re presented in Table'l and the final model in
[able 2. Smoking among men decreased from 37%
)978) to 33% (1990) and in women increased from
[7 to 20% (Fig. I). Gender differences decreased
luring the period studied, the men/women ratio was
!.2 in 1978 and 1.7 in 1990.
'7e'Dalence of smoking by age and gender
For both genders age was 'a significant factor
Jifferentiating the prevalence of daily smoking on
,eparate levels in examined three age groups. The
lata supported neither for men or women the
lssumption of similar trends in daily smoking
juring the study period. For men, a model describ-
.ng a decreasing trend for ,the ,youngest age . group ,
De'Delopment of smoking in Finland 105
(20-29-year-olds), from 42 to 34%, and a horizontal
slope for both the middle aged and the oldest group,
37 and 29%, respectively, proved to be superior.
The model estimated an average annual decrease of
2% for each year in the youngest male group (Fig. 2,
Table 2). In men the proportion of smokers was
highest among the youngest age group (20-29-year-
olds) until the mid-1980s, and lowest among the
oldest age group (50-64-year-olds). After 1986, the
proportion of middle aged smokers was higher than
other groups. The decreasing trend in smoking
found in men was mainly due to the diminishing of
smoking among the young adults.
For women the data supported best a model with
a horizontal slope in daily smoking for the youngest
(27% of daily smokers) and oldest age group (9%),
and an increasing trend for the middle age group
from 17% (1978) to 23% (1990) (Fig. 3, Table 2).
The. estimated annual increase in smoking preva-
Table 1. Trends in daily smoking by gender and age group, 1978-1990. Observed prroalence (%) of smoking
20-29 years 30-49 years 50-64 years Total
Year Men Women Men Women Men Women Men Women
1978 42 27 36 16 34 9 38 17
-- 40 31 37 18 31 9 36 18
39 29 40 16 28 9 37 17
. 1 43 30 38 20 30 9 37 19
82 39 23 35 18 27 8 35 16
1983 34 26 35 22 29 9 33 16
1984 38 24 36 20 31 9 35 18
1986 41 28 36 19 25 9 34 18
1987 35 24 39 25 25 12 34 21
1988 36 29 39 22 27 12 35 19
1989 34 27 37 21 29 10 34 19
1990 35 26 35 22 30 12 32 20
Table 2. Trends in daily smoking by gender, summary of rile final model
Goodness
of fit
Model SD DF P-values Beta SE I ZI P(Z)
GM+Gender+TS 25.9 21 P>0.20 P.--0.870 0.022 39.5 0.000
Pl- 0.015 0.003 4.8 0.000
Men GM+Age+TS 39.2 32 P>0.10 p)= 0.081 0.052 1.6 NS
P4 - - 0.249 0.062 4.0 0.000
p,- 0.029 0.008 3.6 0.000
Women GM+Age+TS 45.3 32 P>0.05 p)--0.591 0.055 10.7 0.000
P4 - -1.254 0.051 24.6 0.000
p,- 0.Q35 0.007 5.1 0.000
GM-general mean; TS-trend structure; SD-standard deviation; DF-degrees of freedom.
P.-gender parameter; P2=trend structure parameter; P)=lst age parameter; P4=2nd age parameter; p,-trend
>ltuCture parameter.
106
O. Rahkonen et al.
50
45
40
35
30
.- 25
u
a.
20
15
10
5
0
it
~,
'~~.
:it
;~
.
*---*---* *
--- ---.--.---*------ *---*- _! - - ~__3'
" " 0-' - . -'r<- . Q. . -0' - O. - 0
0- ..J.J,-,O-''''''''-'-''-o- v
. 0
1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 19881989 1990 C
Year
Figure 1. Proportion (%) of smokm among men and women aged 20 years and older from 1978 to 1990. (Males;
. . * measUred, --- estimated. Females: 0 measured, -'-' estimated). "
lence for the middle age group was 3% for each year.
In every age group the proponion of smokers among
men was higher than among women. The gender
difference was largest among the oldest age group.
Discussion
Under-reponing in smoking studies has been a
widely discussed problem. It has been suggested that
because of the growing awareness of the health
damages and the undesirability of smoking, under-
reponing has increased (Warner, 1978; Todd, 1978;
La Vecchia, 1986 ). Todd (1978) found that in the
1960s and 1970s the under-reponing in surveys was
20-30%, e.g. in the United States, Canada and
Denmark. A New Zealand study reponed only a
small change in the degree of under-reponing
between 1976 (28%) and 1981 (30%), and sug-
gested that trends in self-reported consumption are
a reliable indicator of national trends in smoking
habits Oackson & Beaglehole, 1985).
Drastic changes in anti-tobacco climate in Fin-
land occurred in the mid-1970s, before the Tobacco
Act was implemented. It is, however, possible that
there have been some changes in responses during
the study period, 1978-1990. As in many other
industrialized countries 'new health consciousness'
or 'healthism' (Crawford, 1980) has also increased
in Finland. This might have had some effects on
smokers's answers to questionnaires, but is hardly
crucial. According to official statistics on cigarette
purchases and impons it seemed that tobacco
consumption levelled off during the 19805, but in'
the late 1980s saw a slight upward trend (Central
Statistical Office in Finland, 1990). We can assume ,
that figures presented here give at least a suggestive,f
picture of changes in smoking in Finland. , "',f~;
In 1960 nearly 60% of men reponed daily'~~:;
smoking, in 1975 "about or;1e out of three. Among .,;;
women the reported daily smoking has been some(i,
15% in the 1960s. Daily smoking decreased clearly. ,\
among men in the mid-1970s with increasing price ~:(
of tobacco products and massive publicity (Leppo &
Venio, 1986). Smoking has decreased moderately
among men in Finland over the last decade, but
increased among women. The gap in cigarette
smoking between men and women has decreased,
especially among the youngest age group. Thr~e
types of smoking materials were surveyed in our
study: cigarettes, cigars and pipes. The ciominant
tobacco in Finland is a manufactured cigarette. In
1989 the total consumption of tobacco products was
divided between three groups: manufactured ciga-
. rettes(91% of total consumption), pipe tobacco
(8%) and cigars (1 %) (Central Statistical Office of
Finland, 1990). If we exclude cigars and pipes, the
gender differences would be slightly smaller.
Men who smoke daily also have smoked more
each day (mean 19 cigarettes/day) than women
(mean 13 cigarettes/day). The amount of smoking
materials smoked daily has been constant in every ..
gender and age group during the period of the study. ..
There has been hardly any differences between the. t.
age groups; middle aged men, however, havef.
smoked slightly more often than other men groups.
.
.
'fl~~ . <.~ '~_' :''':''~:#I'~:'~'~
,.. ..-: -:) ....~... :~ >:?". .....;...::. ~ ...\:
...1'\...7"..._ -.. ,,'~..... ~"'/," ....,..,,~. ~ .' .
1_...
*---* * *
--V--'--6---*-----_*__ * 0 0 0
g-'-o-, -. -. -. o' -'fi""'-U'-o-U--* - ':-~'- - i - -.il
o D 0 0 o-----P
D 0 0
..
- 50
45
40
35
30
t- 25
u
0..
20
15
10
5
0
Development of smoking in Finland 107
o
o
o
1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990
Year
Figure 2. Proportion (%) of smokers among men by age from 1978 ro 1990. (20-29: · measured, --- mimaud. 30-49:
o measured, -'-' esrimaud. 50-64: 0 measured, - esrimared).
50
45
40
35
30
.~ 25
20
15
10
5
0
* * * * *
*------ -- ---- - --*- -----*--- ---- - - ---*--..
* ~
* 0 . ._.-.-.-0-'0'-0
-O._._..Q'-O'-'-'-o- -0 O'
0-' 0
o
o
u
o
D
o
o
o
o
o
o
u
u
1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990
Year
Figure 3. Proponion (%) of smokers among roomen by age from 1978 ro 1990. (20-29: · measured, --- mimared. 30-49:
o measured, -'-' esrimated. 50-64: 0 measured, - estimated).
The gender difference in daily smoking (male/
fe~ale ratio 1.9 in 1984) was, however, larger in
Finland than in Britain (1.3 in 1985; Wald et al.,
1988) or in the United States (1.2 in 1985, Warner,
1986). Smoking in Finland continues to be a male
habit. In the Nordic countries the proponion of
smoking men was clearly highest in Finland in the
1960s. but Finnish men smoked daily in the mid-
1980s approximately as often as Swedish and
Icelandic men. and the proponion of smoking men
"'as highest in Denmark. Finnish women have
Smoked clearly less than their Nordic counterpans;
the differences between Nordic countries. however.
have decreased ,during the 1980s (Osterberg. &
Hedman. 1989; Salmela & Hemminki 1990).
In Europe. Finland is also exceptional in teenage
smoking habits; Finnish boys smoke more often than
girls (Geizerova & Masironi. 1989). Male smoking
has decreased in Finland less than in UK and in the
US (Wald et al., 1988; Warner, 1986). Female
smoking has continued to increase in Finland.
Pierce (1989) has studied smoking in the United
States. Canada, Great Britain. Australia. Norway
and Sweden from 1974 to 1987. During that period.
III
U
1
108 O. Rahkonen et a1.
smoking decreased in all the countries studied, with
the exception .of Norway, where women showed a
slight increase. Daily smoking also decreased both
among men and women in Iceland from 1985 to
1990 (Blondal et al., 1991).
Because of different study methods it is difficult
to compare different studies. It seems, however,
that today Finnish men smoke approximately as
often as their US counterpans, but less often than,
for example, British or Italian men. On the other
hand, Finnish women still smoke less often than
other Nordic, American and British women, but
more often than Italian women (Warner, 1986; Cox
et ai., 1987; Wald et al., 1988; La Vecchia et al.,
1990).
Smoking in different age and gender groups has
been changing. In men, smoking has decreased
clearly in the youngest age group, but 'has been
constant in the other groups. In women, smoking
has been unchanged with the exception of the
middle aged group where smoking has increased.
However, it has been found that both smoking and
drinking have increased among teenagers in Finland
since the mid-1980s (Rahkonen & Ahlstrom, 1989).
There might be a cohon effect; those who are
20-29-year-olds today, were teenagers in early
1980s when teenage smoking was at a lower level
than in the late 1980s. The highest prevalence in
smoking in men is currently among the middle-aged;
in women still among the youngest women, but
increasing among the middle-aged. Today's middle-
aged people belong to the 'wet generation', those
born immediately before or after the Second World
War. This generation has been the heaviest drinking
cohon (Sulkunen, 1987) and they also seem to have
become the heaviest smokers.
In the UK the highest prevalence of smoking was
found among both genders in the youngest age
groups (16-34 years) in 1985. Smoking had de-
creased in all age groups, mostly in men among the
50-64-year-olds, in women among the 35-49-year-
olds. There were hardly any gender differences in
different age groups, with the exception of the
oldest age group (64-year-olds or older), among
whom men smoked more frequently than women
(Wald et al., 1988). In the United States current
smoking had decreased linearly from 1974 to 1987
for men in all age groups except 65 and older, and
for women only in age groups 25-44 and 45-64
years. Smoking among men had decreased more
than among women and the gender difference
in smoking had decreased in every age group
(Novotny et al., 1990).
~
II";
'j,~ ~
Why is female smoking still increasing in Fin~ ~; I
land? Women's smoking has been explained, for"
example, by women's increasing panicipation in the
labour force, gender equality, women's stress, Wom-
en's liberation, tobacco industries' marketing strat-
egies, and women's difficulties in quitting after
starting to smoke Gacobson, 1986; Waldron & Lye,
1990). ,..
Tobacco companies unsuccessfully tried to intro-
duce a women's brand in Finland during the 1960$.
Since 1977 tobacco advenising has been totally
banned. However, as in several other countries,
tobacco companies have sponsored both spon and
cultural events in Finland. These have not been
directed exclusively toward women. In Finland :~;
women have been working outside the home for a .:f~
longer time than in several other Western countries t:;:
(Haavio-Mannila & Kari, 1980). The explanations t"
for female smoking, e.g. belonging to the labour ~::;,
f'!:'
force or gender equality in the sense of employment, ;I;,
might not be valid among Finnish women. The ',:~~;:
double burden of women's paid work and :~5 1~
housework might, however, still have an effect on ;t~f; ~"
the increase in female smoking among the middle- ~\:;;~~ ;~;f
aged (Graham, 1988) when this is connected with 6D :i~'
increasing independ,ence and disposable income. :. /' . ';:.
The real price of tobacco products has not'
increased as quickly as disposable income. In 1985 ,', " ,
the real price of cigarettes was 10% higher and the :f;Y': Y
consumers' real disposable income was 28% higher',,;:' ..
than in 1976 (Pekurinen & Valtonen, 1987). .' ."
The social structure has also rapidly changed in
Finland and the proponion of agricultural popu1a~
tion has diminished (Alestalo, 1986). Farmers'. <,"
wives have typically been both non-smokers and ".;,. ,.
non-drinkers (Berg et al., 1990; Sulkunen,1987). "-:~:: f
As the gender gap in smoking is decreasing it .-} -.
would be expected that gender gap in monality
would also decrease. The incidence of lung cancer ,,::.
among men has decreased since the early 1970s,
among women the incidence has consistently in-
creased'since the 1950s and the increase is expected
to continue (Cancer in Finland in 1954-2008, ..
1989). Martelin & Valkonen (1981) have, however,
calculated that even great changes in the prevalence
of smoking have had only a limited influence on
total monality.
Further studies are needed to investigate trends in
smoking between different socio-economic groups.
Although smoking has not decreased among women
and .has declined only slightly among men, it is
possible that in Finland, as has been reponed in ,.
several other countries (Pierce, 1989), that smoking
~
. have decreased
s.
in higher socio-economic
References
ALESTALO, M. (1986) StrUctural change, clas!es and the
. staU. Finland in an historical and comparatIve perspec-
. rifle, Research Report No. 33 (~elsin.ki, Researc~ ~roup
for Comparative Sociology, Umverslty of Helsznkl).
BAKER, R. J. & NBLDER, J. A. (1978) The GUM System,
Release 3 (Oxford, Numerical Algorithms Group).
BERG, M-A., PELTONIEMI, J. & PUSKA, P..(1990~ Health
behafJiour among Finnish adult pOp'ulanon s1":ng 1 990
(Helsinki, Publications of the NatIOnal Public Health
Institute B 3/1990).
BLONDAL, B., HARDARSON, B., HELGASON, T. & RA~N~-
SON, J. (1991) Smoking or livin~? Re~uced s~oking ID
Iceland in 1985-1990 (in Swedish with Engbsh sum-
mary), Nordisk Medicin 106, pp. 11-12.
CANCER IN FINLAND IN 1954-2008 (1989) (Helsinki,
Fmnish Foundation for Cancer Research).
CENTRAL STATISTICAL OFFICE 01' FINLAND (1990) To-
bacco statistics 1989 (Helsinki, Central Statistical Office
of Finland, Series Health 1990:2).
Cox, P. D., BLAXTER, M., BUCKLE, A. L. J., GENNE, N. P.
et aL (1987) The Health and Lifestyle Suroey (London,
Health Promotion Research Trust).
CRAWFORD, R. (1980) Healthism and the medicalizatio? of
everyday life, International Journal of Health Servlus,
10, pp. 365-388.
CROFTON, J. (1989) Tobacco: world. a7tion on the
_.~dem~. British Journal of AddIctIOn, 84, pp.
E. B.,FREENY,A. E. & LANDWEHR,J. M. (1988)
. ting logistic models f?r .contingen7y ~ables, Jour-
',' of the American StaUstlcal Assoaauon, 83, pp.
611-622.
GEIZERov A, H. & MAsmoNI, R. (1989) Cigarette smoking
among children and adolescents: world review, World
, Smoking &> Health, 14, pp. 7-8.
GRAHAM, H. (1988) Women's smoking in ~e United
Kingdom: the implications for health promotlon,Health
Promotion, 3, pp. 371-382.
H.v.VIo-MANNILA, E. (1986) Inequalities in health and
gender Social Science &> Medicine, 22, pp. 141-149.
H.v.VIo-M.uoou., E. & KARl, K. (1980) C~anges in ~e
life patterns of families in the NordiC countnes,
Yearbook of Population Research in Finland, 18, pp.
7-34.
JAasoN R. & B1!AGLEHoLE, R. (1985) Secular trends in
undedeporting of cigarette consumption, American
Journal of Epidemiology, 122, pp. 341-344.
JACOBSON, B. (1986) Beating the Ladyki//ers-Women and
Smoking (London, Pluto Press).
JACOBSON, B., AMos, A. & AGHI, M. (1989) World no
tobacco day: A challenge for women's health, Lancet,
i, pp. 1193-1194.
lV.JuSTO, A. (1991) Socio-economic morbidity tren~s
among the economically active: The development ID
Finland 1964-1987, in: ERIKSON, R., HANSEN, E. J.,
RINGEN, S. & UUSITALO, H. (Eds) Welfare Trends in the
Scandinavian Countries (Armonk, NY, M. E. Sharpe
Inc.) (In press).
~
Development of smoking in Finland 109
LA VECCHIA, C. (1986) Smoking in Italy, 1949-1983,
Preventive Medicine, 15, pp. 274-281.
LA VECCHIA, C., NEGRI, E. & PAGANO, R. (1990) Recent
decline of smoking in younger Italian women, Interna-
tional Journal of Epidemiology, 19, p. 221.
LEPPO, K. (1978) S'moking control policy and legislation,
British Medical Journal, 1, pp. 345-347.
LEPPO, K. & VERTIO, H. (1986) Smoking control in
Finland: A case study in policy formulation and
implementation, Health Promotion, 1, pp. 5-16.
MARTEUN, T. (1984) The Development of Smoking Habits
according to Survey Data in Finland (in Finnish with
English summary) (Helsinki, Publications of the Na-
tional Board of Health, Health Education 1/1984).
MARTEUN, T. & VALKONEN, T. (1981) Changes in
smoking habits and mortality among middle-aged men in
Finland: Development in 1951-75 and projections to the
year 2000, Working Paper No. 19 (Helsinki, Depart-
ment of Sociology, University of Helsinki).
NovoTNY, T. E., FIORE, C. F., HATZ1ANDREU, E. I.,
GIOVlNO, G. A., MILLS, S. L. & PIERCE, J. P. (1990)
Trends in smoking and selt, United States, 1974-1987:
The implications for disease impact, Preventifle Medi-
cine, 19, pp. 552-561. , ,. ,
OSTERBERG, C. & HEDMAN, C. (1989) Women and men in
the Nordic countries, in: Norden F6rr och Nu, pp.
171-200 (Stockholm, Nordiska Statistiska Sekretaria-
tet).
PEKURINEN, M. & VALTONEN, H. (1987) Price, policy and
consumption of tobacco: The Finnish experience, Social
Science and Medicine, 25, pp. 875-881.
PIERCE, I. P. (1989) International compar~sons of trends in
cigarette smoking prevalence, Amencan Journal of
Public Health, 79, pp. 152-157.
RAHKONEN, O. & AHLSTROM, S. (1989) Trends in
drinking habits among Finnish youth from 1973 to 1987,
British Journal of Addiction, 84, pp. 1075-1083.
SALME1.A, R. & HEMMINKI, E. (1990) Health Trends in the
Nordic Countries, Annus Medicus Helsinki, Nomesco
No. 33).
SUUUNEN, P. (1987) Abstinence, in: SIMPURA, I. (Ed.)
Finnish Drinking Habits, No. 35, pp. 37-54 (Helsinki,
Finnish Foundation for Alcohol Studies).
TODD, G. F. (1978) Cigarette consumption per adult of
each Sell: in various countries, Journal of Epidemiology
and Community Health, 32, pp. 289-293.
VALKONEN, T. (1985) The mystery of the premature
mortality of Finnish men, in: ALAPURO, R., ALEsTALO,
M., HMVIo-MANNlLA, E. & VAYRYNEN, R. (Eds) Small
States in Comparative Perspective, pp. 228-241 (Oslo,
Norwegian University Press).
VERBRUGGE, L. M. & WINGARD, D. L. (1987) Sex
differentials in health and mortalit}', Women &> Health,
12, pp. 103-145.
WAGENKNECHT, L. E., PERKINS, L. L., CtTITER, G. R.,
SIDNEY, S., et al. (1990) Cigarette smoking behavior is
strongly related to educational status: The CARDIA
Study, Preventive Medicine, 19, pp. 158-169.
WALD, N., KIRYLUK, S., DARBY, S., DoLL, R., PIKE, M. &
PF:rO, R. (1988) UK Smoking Statistics (Oxford, Oxford
University Press).
WALDRON, I. (1986) The contribution of smoking to sex
differences in mortality, Public Health Reports, 101, pp.
163-173.
~
110 O. Rahkonen et al.
WALDRON, I. & LYE, D. (1990) Relationships between
teenage smoking and attitudes toward women's rights,
sex roles, marriage, sex and family, Women &> Health,
16, pp. 23-46.
WARNER, K. E. (1978) Possible increases in the under-
reponing of cigarette consumption, Journal of American
Statutical Association, 73, pp. 314-318.
WARNER, K. E. (1986) Selling Smoke. Cigarette AdVertis.
ing and Public Health (Washington, APHA Public
Health Policy Series).
WORLD HEALTH ORGANIZATION (1988) A 5 year action
plan. Smoke free Europe (Copenhagen, WHO Regional
Office for Europe).
.
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.:<;.
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.....>:.
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.':::
":':.: "
.
~ctJ
I
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~
COVINGTON So BURLING
,
.
May 26, 1995
STATE AND LOCAL TOBACCO ADVERTISING BANS
ARE PREEMPTED BY FEDERAL LAW
AND VIOLATE THE FIRST AND FOURTEENTH AMENDMENTS
For at least 30 years, antitobacco advocates have urged state and local governments
to ban or restrict tobacco advertising. During this period, a number of public transit
authorities banned tobacco advertising on their facilities, and a few cities ended tobacco
advertising on government-owned property. But antitobacco advocates were generally unable
to persuade state or local bodies to ban or restrict tobacco advertising on private property,
Their efforts, moreover, focused almost exclusively on outdoor advertising. Tobacco
advertising in retail stores was not a target. The only state or local law generally banning
tobacco advertising on private property was an outdoor ban adopted by Utah in 1921 as part
of a broader Prohibition-era statute prohibiting the sale of cigarettes altogether (the sales ban
was repealed in 1923).
.
Then, in 1992, the New York City Council passed an ordinance banning tobacco
advertising on taxis unless the taxis also displayed additional antismoking messages provided
by the city. In 1993, antitobacco advocates prevailed on the Baltimore City Council to ban
most outdoor tobacco advertising in the city, and the Cincinnati City Council passed an even
more sweeping outdoor advertising ban in 1994, due to take effect.in 1996. Also in 1993,
the City Council of Preston, Minnesota, passed an ordinance banning most tobacco advertising
in retail stores, and in 1994 two local boards of health in Massachusetts adopted regulations
banning all outdoor tobacco advertising and most tobacco advertising in retail stores.
All of these measures have been, or are expected to be, challenged in court. The
principal grounds for challenge are that state and local tobacco advertising bans are preempted
by federal law and violate the First Amendment. Such advertising bans arguably violate the
Fourteenth Amendment as well. Nearly all of the pertinent decisional law suggests that these
challenges are well-founded, including a decision by the U.S. Court of Appeals for the
Second Circuit invalidating the New York City ordinance. The chief exception is a U.S.
District Court decision upholding Baltimore's outdoor advertising ban. That decision, which
currently is being reviewed by the U.S. Court' of Appeals for the Fourth Circuit, has been
criticized by another federal district court as "hard to believe."
Preemption. The Federal Cigarette Labeling and Advertising Act (FCLAA) contains
an explicit "preemption" provision, which states:
"No requirement or prohibition based on smoking and health shall be
imposed under State law with respect to the advertising or promotion of any
cigarettes." 15 U.S.C. ~ 1334(b).
.
The Act thus "[p]rohibits health-related regulation or prohibition of cigarette adver-
tising by any State or local authority." S. Rep. No. 566, 91st Cong., Ist Sess. 1 (1969).
~
~
COVINGTON & BURLING
- 2 -
.
Congress adopted the preemption provision so that "commerce and the national economy"
would not be "impeded by diverse [and] nonuniform * * * advertising regulations" (see 15
U.S.C. ~ 1331(2)) based on smoking and health. Indeed, as the Washington Legal Foundation
has argued forcefully in an amicus brief in the Baltimore case, the legislative history of
Section 1334(b) indicates that Congress meant to prohibit state or local bodies from singling
out cigarette advertising for any adverse regulation, regardless of the state or local body's
stated purpose or subjective motivation. See, e.g., 116 Congo Rec. 6640 (1970) (statement
by Senator Magnuson, the Senate Manager of the Conference Report, affirming that States
are barred from "any action" restricting cigarette advertising).
In an early case testing the preemptive force of FCLAA, a New York State trial court
judge rejected a petition seeking to direct the Long Island Railroad and the Metropolitan
Transportation Authority to eliminate cigarette advertising from their trains. Citing Section
1334(b), the trial court stated that "it appears that the federal government has preempted the
field." In re Nicklin, N.Y. Law Journal, March 3, 1971, p. 2. The trial court's decision was
unanimously affirmed on appeal.
More recently, in Vango Media, Inc. V. City of New York, 34 F.3d 68 (2d Cir. 1994),
the U.S. Court of Appeals for the Second Circuit invalidated, as preempted, the New York
City ordinance prohibiting cigarette ads 01) taxis unless additional an~smoking messages were
displayed. The Second Circuit stressed the policy of national unifomuty promoted by
FCLAA (and threatened by a multitude of state and local advertising regulations) and
emphasized that a state or local body may not avoid preemption by recasting an advertising
regulation as an attempt to curb sales to minors.
.
Subsequently, the U.S. District Court for Massachusetts issued a temporary restraining
order enjoining the Board of Health of Millis, Massachusetts, from implementing a regulation
prohibiting all outdoor tobacco advertising and most tobacco advertising in retail stores.
Kishan Corporation V. Board of Health of the Town of Millis, Civil Action No. 94-12283RCL
(D. Mass. Nov. 22, 1994). Stressing "the very clear words" of the FCLAA, as well as the
pertinent legislative history, the court announced its "tentative conclusion" that the challenged
regulations were preempted by the FCLAA. A TRO also was entered against the Board of
Health of Holliston, Massachusetts, enjoining similar regulations. DC & L Corporation V.
Board of Health of the Town of Holliston, Civil Action No. 94-12553-RGS (D. Mass. Jan.
10, 1995). Both health boards rescinded the challenged regulations rather than defend them.
A legal challenge to the Preston point-of-sale advertising ban is pending. Chiglo V.
City of Preston, Case No. 3-94-CV-1540 (D. Minn.), and a challenge to the Cincinnati
outdoor advertising ban may well be filed before the ban takes effect in 1996. See also
Sparks V. R.J. Reynolds Tobacco Co., Case No. C94-783C (W.D. Wash. Dec. 9, 1994) (dis-
missing with prejudice, as preempted by FCLAA, an action under Washington law seeking
to enjoin R.J. Reynolds Tobacco Co. from continuing to run its "Joe Camel" advertising
campaign); but see Mangini V. R.J. Reynolds Tobacco Co., 7 Cal. 4th 1057,31 Cal. Rptr. 2d
.
COVINGTON a. BURLING
.
.
.
- 3 -
358,875 P.2d 73, cert. denied, 115 S. Ct. 577 (1994) (similar action under California law not
preempted).
As noted, a federal district court has rejected a First Amendment/preemption challenge
to a billboard advertising ban adopted by the City of Baltimore. That decision is currently
on appeal in the Fourth Circuit. Penn Advertising of Baltimore, Inc. v. Mayor and City
Council of Baltimore City, 862 F. Supp. 1402 (D. Md. 1994), appeal pending, No. 94-2141
(4th Cir.). The district court ruled that Baltimore's billboard advertising ban was not
preempted because, the court concluded, the ban was not "based on smoking and health."
Confessing that he found this conclusion "somewhat hard to believe," the district court in the
Millis case, discussed above, treated Vango Media as the more persuasive decision.
First Amendment. The U.S. Supreme Court has emphasized that the First
Amendment ensures "broad access to complete and accurate commercial information."
Edenfield v. Fane, 113 S. Ct. 1792, 1797 (1993). The Court has also stated that "the
government may not 'reduce the adult population * * * to reading only what is fit for
children.'" Bolger v. Youngs Drug Products Corp., 463 U.S. 60, 73 (1983). The Court has
squarely rejected the idea that the government has broader latitude under the First Amendment
to regulate advertising for tobacco or alcoholic beverages than it has to regulate other
commercial speech. Rubin v. Coors Brewing Co., 63 U.S.L.W. 4319,4321 n.2 (U.S. April
18, 1995). Indeed, the Second Circuit in Vango Media stressed the j'patentFirst Amendment
problems" with New York City's ordinance -- which merely conditioned the right to advertise
tobacco and did not ban such advertising outright. 34 F.3d at 71.
Under the First Amendment, commercial speech can be banned only if it is "false,
deceptive, or misleading." Ibanez v. Florida Department of Business and Professional
Regulation, 114 S. Ct. 2084, 2088 (1994). Tobacco advertising, per se, is not "false,
deceptive, or misleading" and therefore cannot be banned. The Court also reaffirmed in
Ibanez that commercial speech that is not "false, deceptive, or misleading" may be restricted,
"but only if the State shows that the restriction directly and materially advances a substantial
state interest in a manner no more extensive than necessary to serve that interest." Ibid A
governmental body seeking to sustain a restriction on commercial speech "must demonstrate
that the harms it recites are real and that its restriction will in fact alleviate them to a
material degree." Coors, 63 U.S.L.W. at 4322 (emphasis added) (citation omitted).
In the Coors case, the Court described this efficacy test as a "critical" requirement.
Ibid. The government's burden of under this test is quite substantial:
"This burden is not satisfied by mere speculation or conjecture; rather, a
governmental body seeking to sustain a restriction on commercial speech must
COVINGTON cSc BURLING
.,
- 4 -
demonstrate that the harms it recites are real and that its restriction will in fact
alleviate them to a material degree." Edenfield, 113 S. Ct. at 1800.1
.
The government cannot demonstrate that a tobacco advertising ban would "in fact"
reduce smoking among young people or adults "to a material degree" or that less burdensome
alternatives are unavailable. As the President's Council of Economic Advisors has stated:
"There is little evidence that advertising results in additional smoking. As with many
products, [ cigarette] advertising mainly shifts consumers among brands. It The Chairman of
the Federal Trade Commission made the same point in testimony before a subcommittee of
the House of Representatives in April 1987. See generally 1. Boddewyn, "Cigarette
Advertising Bans and Smoking: The Flawed Policy Connection," Int 'I Journal of Advertising,
Vol. 13, No.4, pp. 311-32 (1994).
Indeed, in December 1994, a New York State trial judge rejected a motion by the City
of New York for a preliminary injunction requiring the removal of a billboard advertisement
for Marlboro cigarettes from Shea Stadium. Among other things, the court found that the city
had failed "to establish that the particular sign in issue is 'aimed' at children, or has in the
past, or will in the future, induce children to smoke cigarettes." Sterling Doubleday
Enterprises, L.P. v. City of New York, Index No. 6855, Order, p. 2 (N.Y. Sup. Ct. Dec. 8,
1994). And when the Federal Trade Co~ission closed its investigat~on of the "Joe Camel"
advertising campaign last year without issuing a complaint, the majority explained: "Although
it may seem intuitive to some that the Joe Camel advertising campaign would lead more
children to smoke or lead children to smoke more, the evidence to support that intuition is
not there."
.
Finally, an advertising ban could not be defended as a "narrowly tailored" means of
discouraging smoking by young people. There clearly are "less intrusive" alternatives to an
advertising ban that would satisfy the First Amendment. See, e.g., Coors, 63 U.S.L.W. at
4323-24; City of Cincinnati v. Discovery Network, Inc., 113 S. Ct. 1505, 1510 n.13 (1993).
As noted, the Second Circuit in Vango Media stressed the "patent First Amendment problems"
with New York City's ordinance, which merely conditioned the right to advertise tobacco and
did not ban such advertising outright. 34 F.3d at 71.
The Fourteenth Amendment. Because it could not be shown that a tobacco product
advertising ban would reduce tobacco consumption, such a ban also would violate the Equal
In Posadas v. Tourism Co. of Puerto Rico, 478 U.S. 328 (1986), the Court, for a
variety of reasons peculiar to that case, required comparatively little from the government by
way of justification in upholding a ban on casino advertising directed at residents of Puerto
Rico. Subsequent decisions like Coors and Edenfield, which emphasize the heavy burden of
justification borne by the government when it attempts to restrict commercial speech, confirm .
that Posadas was aberrational in this regard.
COVING,ON~ BURLING
It
- 5 -
Protection clause of the Fourteenth Amendment. A federal district court invalidated
Oklahoma's limited ban on in-state alcoholic beverage advertising in 1986 on similar grounds.
The court concluded that, because consumers would continue to be exposed to a substantial
amount of alcoholic beverage advertising from other sources, the ban constituted an arbitrary
and irrational classification in violation of the Equal Protection Clause. Oklahoma
Broadcasters Ass'n v. Crisp, 636 F. Supp. 978, 992 (W.D. Okla. 1986).2
*
*
*
For all of the foregoing reasons, state and local governments should resist calls to ban
tobacco advertising.
.
.
2 The Supreme Court rejected an equal protection challenge to the Utah outdoor
advertising ban in Packer Corp. v. Utah, 285 U.S. 105 (1932), but that challenge was based
on the law's discrimination between outdoor advertisements and newspaper advertisements,
and not on the ineffectualness of a ban limited to outdoor advertising. Packer, of course, was
decided long before the First Amendment was held to protect commercial speech, and long
before Congress passed the Federal Cigarette Labeling and Advertising Act.
.,.
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Economic Report
of the President
Transmitted to the Congress
January 1987
TOGETHER WITH
THE ANNUAL REPORT
OF THE
COUNCIL OF ECONOMIC ADVISERS
UNITED STATES GOVERNMENT PRINTING OFFICE
WASHINGTON: 1987
.
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For sale by the Superintendent of Documents, U.S. Government Prin
Washington. D.C. 20.(02
. ~
. m~Ilts p!us pric,e supports and other subsidies is to hold tobacco
pn~es slIghtly higher, and quantities slightly lower, than they would
be m the absence of these programs.
. Ev.idence slll{gcsts ~hat in{i>r1nation on the consequences of" smok-
I~g mfluences behaVIOr. The largest decline in per capita sales of
clga~etl~s, a fall of 8.9 perce~t, occurred during 1953-54, following
publIcatIOn of two retrospectIve epidemiological studies that linked
lung ca:-ce~ to smoking and the first laboratory demonstration that
t~e tar m CIgarette sm~ke could cause cancer in animals. During this
time, tobacco compames com~ete.d vigorously by advertising pur-
portedly less ha~mful brands, indirectly reminding smokers of the
dangers o~ smoking. The second largest decline in per capita sales
oc~urred III 196~-69, during the height of the antismoking cam-
paigns on televIsion. The largest decline in the number of smokers
followed the 1964 Surgeon General's report.
The effects of tobacco advertising are complex. Ther~ is little evi-
dence that adve~ti.sing re~ults in additional smoking. As with many
products, advertIsing m~lnly shifts consumers among brands. .Evi-
dence from. other countnes ~uggests that banning tobacco advertising
has not discouraged smoklllg. Four industrialized countries with
market economit.s-Italy, Finland, Iceland, and Singapore-have
completelr b~nned advertising for tobacco products, yet have experi-
enced a nse In the per capita consumption of tobacco. Sweden and
Dem~ark ena~ted partial advertising bans, yet achieved greater suc-
~ess III redUCing consumption than did Norway and Finland, which
tmpose~ tot:l adver~ising bans. After the broadcast advertising ban in
the Umted ~tates, CIgarette use continued to decline, but at a slower
rate than before the ban.
The ban on. broadcast advertising was supported by the large to-
bacco com~ames. Tobacco adve~tising expenses were about 35 per-
cent lower In .the 5 y~ars follOWing the ban. It is likely that reduced
access to publIc attentIOn made it harder for new brands of cigarettes
to ente~ the mar.ket, thus solidifyi~g the market shares of existing
co~n'pames and ?I and~. Moreover, With no tobacco advertising on 1<.'1-'
e~lslOn, the anllsllloklllg lIIessages required under the Fairness Doc-
tnne were eiiminated.
Incre~sed aw~ren~ss of the health risks of smoking has brought a
change In. PU?IIc ~ttltudes ~nd government policies. Forty-two. States
~nd the Dlstnct of Columbia restrict smoking in public places, includ-
mg go~ernment workplaces. T~e1ve ~tates restrict smoking by public
emplo}ees and also by those 111 pnvate businesses. New rules for
~eder~l employees prohibit smoking in nearly all public work areas,
mcludmg general office space, and permit smoking only in designat-
ed areas.
e
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AUTOMOBILE SAFETY
Many automobile deaths stem from avoidable behavior such as
drunk driving and failure to wear a safety belt. In 1985, aboU[ 44,000
Americans died iu motor vehicle accidelll!>, including 6,800 pedestri-
ans and 890 bicyclists. Nearly half of the fatalities involving occu-
pants of motor vehicles occurred in single-vehicle crashes. Despite
this substantial loss of life, 198~ was the safest year on record for
motorists: the death rate per hundred million vehicle miles traveled
(HMVM) was 2.47, down from 5.50 in 1966 and 21.0 in 1923.
Drunk Driving
Alcohol impairs physical coordination and can increase aggressive
behavior. Alcohol contributes to many kinds of accidents and injuries
and is involved in more than 50 percent of fatal automobile acci-
dents. Drunk driving is the leading cause of death for persons in the
15-to-24 age group. About one-h'alf of all single-vehicle crashes and
two-thirds of nighttime single-vehicle crashes involve alcohol-intoxi-
cated drivers. In 1982, 63 percent of those killed in alcohol-related
automobile accidents were drivers, bicyclists, or pedestrians who had
been drinking. Twenty percent were passengers (both drinking and
sober) of drinking drivers. The remaining 17 percent, nearly 4,000
people, were sober victims.
Evidence from other countries and recent experience in the United
States suggest that programs to deter drivers from drinking by in-
creasing penalties and enforcement tend to succeed in the short run
to the extent that they alter drivers' perceptions of the certainty of
punishment. But the ability of such programs to achieve lasting re-
ductions in drunk driving fatalities has not been established. This
may be because none of the programs or experiments to date has
been able to sustain an increase in the probabilities of apprehending
and punishing drunk drivers.
State and local actions to restrict the availability of alcohol to
young people by raising the minimum drinking age have contribured
to reduced traffic fatalities. In 1982, 31 States allowed people under
~ i to buy alcoholic beverages, bul by 1985, only 7 Slales did. III
those 3 years, motor vehicle fatality rates fell 3.0 percent for the gen-
'eral population, but 6.3 percent for drivers aged 24 and under. If th~
traffic fatality rate for this group had fallen only by the same amount
as for the general population, approximately 600 additional young
drivers would have died in automobile accidents in 1985.
Higher alcohol taxes would also reduce fatalities. Federal excise
taxes on beer and wine have remained constant in nominal terms
since 1951. As a result of this and other factors, the real price of
beer fell 27 percent, of wine 21 percent, and of hard liquor 48. per-
.
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STATEMENT OF
PROFESSOR TIMOTHY P. MEYER
June 6, 1995
Submitted in opposition to the proposed
ordinance of the City of stillwater, Minnesota,
Restricting the Sale and Consumption of Tobacco
Products by Minors in the city of Stillwater.
It is my opinion that the proposed ordinance to
ban cigarette advertising in order to discourage smoking
among minors is not solidly supported by the evidence
and will not have the desired effect of discouraging
youth smoking.
The most powerful influence on the decision to
smoke is the influence of peers, friends and family --
not cigarette advertising. The conclusion that people
smoke for reasons unrelated to cigarette advertising is
also backed up and supported by real world experiences:
Tobacco has been part of Western culture for
nearly 500 years -- centuries before there was
any commercial advertising for tobacco products;
Smokers -- including adolescent smokers -- do not
even mention cigarette advertising as a factor in
their decision to smoke;l
1 Smokinq Prevalence and Attitudes Towards Smoking
Amonq Adolescents, Larsen, M., Colsher, P., The Gallup
Organization, 1994, Princeton, N.J.; Smoking
Prevalence. Beliefs and Activities by Gender and Other
DemograDhic Indicators, Larsen, M.D., Thomas, R.M., The
Gallup Organization, 1993, Princeton, N.J.
"
,
, "
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.
Cigarette consumption has persisted -- and even
increased -- in countries that have banned
advertising for cigarettes.2
My opinion is based on 28 years of professional
experience in studying the role advertising plays in
consumer choices in the marketplace generally, and on an
extensive body of research generated by government
officials, medical experts and social scientists around
the world who have studied the factors that influence
the decision to smoke.
I have attached copies of the referenced
materials and would be pleased to provide additional
.
supporting materials upon request.
Respectfully submitted,
0~ () ~
Timothy P. Meyer
Attachments
2 J.J. Boddewyn, Ciqarette Advertising Bans and
Smokinq: The Flawed Policy Connection, Int'l Journal of
Advertising, 1994, 13(4), 311-332.
.
1994 Gallup Survey: Adolescents
Q.4: ''As best you can recall, what influenced you to start smoking?"
Curious
In stressful situation
Fit in with crowd
Sibling( s) smoked
No particular reason
Parents smoked
Female friend smoked '
Male friend smoked
Other friend smoked
Cigarette
advertising does
. .
not znczte
adolescents to
smoke.
Source: Smoking Prevalence and Attitudes Towards Smoking Among Adolescents,
September 1994, Larsen, M., Colsher, P., The Gallup Organization.
. . .
1993 Gallup Survey: Adults
Q.17: "We are interested in knowing, as best you can recall, what
influenced you to start smoking. "
Appearance/weight
Stress/nerves
Wanted to/enjoyed it
Family influence
DK
Cigarette
advertising
does not
incite people
to smoke.
Indirect peer influence
Direct peer influence
Source: Larsen, M.D., Thomas, R.M., Smoking Prevalence, Beliefs, and Activities by
Gender and Other Demographic Indicators, Gallup Organization, 1993.
.
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(If )
Intt71lationalloumnl of Adt~tising, 1994. 13, 311-332
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Cigarette Advertising Bans and
Smoking: The Flawed Policy
Connection
Jean J. Boddewyn
Baruch College, City University of New York
Bans on the advertising of tobacco products are often justified on the grounds that they
-..v'"ll reduce smoking initiation by the young and tobacco consumption by adults. This
premise CQn be seriously challenged on the basis of: (1) studies of juvenile smoking
detemlinllnts; (2) the experience of countries with such an advertising ban; and (3)
statistics on adult tobacco consumption in a variety of countries. As such, it provides no
serious basis for public policy to curtail smoking through advertising bans.
INTRODUCTION
.
Bans on the advertising of cigarettes and other tobacco products have been
proposed or enacted by various national governments (including more recently
Canada, France and New Zealand), supranational institutions (e.g. the European
Union), international organizations (e.g. The World Health Organization) and
numerous health associations in the United States and elsewhere. The promotion
of such bans rests on the premise or promise that they are effective in curbing
tobacco consumption as well as smoking initiation and maintenance. This analysis
argues that there is scant evidence of such effects.
BAN RA nONALES
Three major reasons are typically given to justify bans on tobacco advertising and
other forms of promotion: (1) they will (help) reduce smoking in the context of the
programme' A Smoke-free Society by the Year 2000'; (2) tobacco product manu-
facturers should not be allowed to undermine anti-smoking public policies
through advertisements and promotions that present smoking in an attractive
and socially acceptable manner; and (3) tobacco advertising expenditures are
disproportionately larger than the funds spent on anti-smoking campaigns,
thereby sabotaging the effectiveness of public policy (e.g. Warner et al., 1992).
This article concentrates on the first reason - that tobacco promotion bans
reduce smoking - but brief comments on the other two rationales are in order.
C Adv.msing Association 1994. Publislled by BJ.ckwell Publisllen. t08 Cowley R~d. Oltford ox.. tlF. UK
and 238 Main Street. MA 021.2. USA 311
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INTERNATIONAL JOURNAL OF ADVERTISING, 1994. 13
CIGARETTE AD BANS
Forbidding the manufacturers of some legal products (e.g. tobacco, alcohol,
contraceptives and pharmaceuticals) to communicate with their customers repre-
sents a complex legal, political and philosophical issue reflecting different na-
tional traditions and personal beliefs about' freedom of 'commercial speech'. One
can subscribe, however, to the views of the US Supreme Court, recently corrob-
orated in a Canadian court decision (Judgment, 1991), which holds such restric-
tion:. lo .. :>Llingcmt standard of justification, and rejects the banning of certain
commercial messages simply because they are not in harmony with the State's
position regarding particular goods and services.l
The third rationale that tobacco advertising expenditures overwhelm anti-
smoking campaigns is questionable. According to the Federal Trade Commission,
the tiS tobacco industry spent $4 billion in 1990 on advertising and other forms
of promotion. However, the US anti-smoking movement now gets as much in free
publicity through frequent media coverage of the US Surgeon General and of
negative findings about smoking, through billions of ubiquitous and permanent
'no smoking' signs, through restrictive company rules and insurance policies
against smokers, and through the stares and snubs of anti-smokers. Besides, the
health warnings on tobacco packaging and advertisements provide constant and
frequent reminders of governmental policies against smoking. The net result is
that very large numbers of people now believe that active smoking and even
passive smoking are hazardous to health as well as antisocial.
Returning to the first rationale, the expectation and promise that tobacco
promotion bans will reduce tobacco consumption as well as smoking incidence
are based on two major premises. The first is that advertising is a significant
influence on the decision by young people to start smoking, and that it maintains
tobacco consumption by adults. The second is that advertising bans result in
declining tobacco consumption. The validity of these premises can be seriously
challenged on the basis of: (1) studies of juvenile smoking determinants; (2) the
experience with prolonged tobacco advertising bans in several countries; and (3)
tobacco consumption and smoking prevalence statistics from around the world.
However, any analysis of this issue is fraught with methodological problems.
Rimpela et ol.'s (1993
promotion and smo
reasoning'butsuch
These problems, a
his 1989 report that
There is no scient
a definitive anSWE
increase the level
tising and promo
unknowable.
In the same vein, i
1992) pro\'ided an e)
advertising and com
because there is a pr
that reveal positive,
its own new study 01
role for advertising'
at the request of th
Advisory Council (l-
ance of positive if WI
unequal validity. He:
Overall, taking dz
there is not one st
tising controls an,
an advertising bal
studies, including
demonstrate no a
METHODOLOGICAL CA VEA TS
It therefore seems Ii:
link between tobacc
though researchers '
Meads, 1991; Stewar
Beyond econometJ
challengeable, espec
settings as schools; a
behaviour that signif
of questions present~
of many surveys of
when they are not E
published in health r
the advice of editor:
1989 and 1993; Mart
Tobacco consumpt
.
Fundamentally, one can not prove that advertising does not cause or influence
smoking, because one cannot scientifically prove a negative; that is why defend-
ants do not have to prove that they are 'not guilty'. Besides, so many factors -
demographic, economic, social, cultural, physiological, psychological, political
and legal - impact on tobacco consumption as well as smoking initiation and
maintenance that it is impossible to develop and test comprehensive models,
particularly since reliable data are often missing. In any ,case, the cortelations
discovered through econometric studies and behavioural drveys do not prove
causation: they only suggest hypotheses for further research.2 Moreover, both
proponents and opponents of bans have provided post hoc interpretations that are
'plausible' but do not amount to scientific proof (Merton, 1957, pp. 473-474). Thus
" Advenising Association 1994,
" Advertising ASSOCloI110n 1 C/94
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JVER'rtSING. 1994. 13
CIGARETTE AD BANS AND SMOKING
313
,g. tobacco, alcohol,
,_ir stomers repre-
I ifferent na-
peech'. One
urt, recently corrob-
1 holds such restric-
, banning of certain
my with the State's
-s overwhelm anti-
Trade Commission,
:'Ig and other forms
gets as much in free
on General and of
Rimpela et al.'s 0993, p. 12) claim of having established causality between tobacco
promotion and smoking by the young relies on 'indirect evidence and logical
reasoning' but such elements can only generate arguments based on plausibility.
These problems, among others, led the US Surgeon General to acknowledge in
his 1989 report tha t
There is no scientifically rigorous study available to the public, that provides
a definitive answer to the basic question of whether advertising and promotion
increase the level of tobacco consumption. ... The extent of influence of adver-
tising and promotion on the level of consumption is unknown and possibly
unknowable. (L"S Department of Health, 1989, pp. 512-513)
In the same vein, a recent British report (Department of Health [Smee Report),
1992) provided an extensive if incomplete review of the evidence linking tobacco
advertising and consumption. Essentially, it concluded that there is such an effect
because there is a preponderance of econometric studies from around the world
that reveal positive correlations between the two phenomena (p. 16). However,
its own new study of the British situation was 'unable to uncover an interpretable
role for advertising' (p. 47; see also p. 28). Besides, analyses of the Smee Report
at the request of the Advertising Association (993) and of the UK Tobacco
Advisory Council (Hagan, 1993) challenged the notion that the sheer preponder-
ance of positive if weak correlations was D:leaningful, because the studies were of
unequal validity. Hagan concluded that
Overall, taking data, specification and methodological problems into account,
there is not one study [regarding the linkage between levels of national adver-
tising controls and tobacco consumption] that unambiguously predicts [that]
an advertising ban would reduce consumption.... The most statistically sound
studies, including the Department of Health's own new work in this area, can
demonstrate no advertising effect on overall tobacco consumption.
0993, p. ii)
JUS .:::.d pC:":<<wnent
insurance policies
:okers. Besides, the
)vide constant and
~. The net result is
;moking and even
mise that tobacco
,moking incidence
.:tg is a significant
d that it maintains
.ng bans result in
5 can be seriously
.. nts; (2) the
es: and (3)
Ir the world.
Igical problems.
lUse or iniluence
it is why defend-
o many facton: -
Jlogical, political
19 initiation and
.hensive models,
the correlations
?ys do not prove
Moreover, both
I retations that are
,. 47.3-4i4). Thus
It therefore seems likely that no absolute or conclusive proof or disproof of the
link between tobacco advertising and consumption will be forthcoming, even
though researchers on both sides of the issue keep trying (e.g. Laugesen and
Meads, 1991; Stewart, 1993).
Beyond econometric studies using published statistics, survey data are always
challengeable, especially when juveniles are questioned in such authoritarian
settings as schools; and smoking has come to be viewed as such a reprehensible
behaviour that significant under-reporting may be OCcurring. The biased wording
of questions presents another problem (Crabbe and Pinkerton, 1992). The quality
of many surveys of juvenile behaviour related to smoking is also questionable
when they are not grounded in the theory of how advertising works, and are
published in health research and administration journals that do not benefit from
the advice of editors and reviewers trained in advertising theory (Boddewyn,
1989 and 1993; Martin, 1994).
Tobacco consumption data, however, are more reliable because they are based
Cl Advertising Association lqcu.
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INTERNATIONAL JOURNAL OF ADVERTISING. 1994,13
CIGARETTE AD BAN~
314
e
on measured economic acthrities, although smuggling, 'border trade' (whereby
people buy in a neighbouring country with lower prices) and duty-free purchases
understate some of the statistics. These data generally emanate from government
bodies (treasury and agriculture departments, state tobacco monopolies, etc.),
and they are readily available to parties on both sides of the issue. Whenever
possible, statistics and survey data from governmental and anti-smoking sources
are used here.
around 70 per cen'
smoke within the p:
the 1994 Surgeon (
EXPLAINING JUVENILE SMOKING
Juvenile smoking
There is no simple
Hill, 1990; Rabier,
driving), juvenile S1
social, economic, p
even more comple:
nowadays by the f
(parents, schools, g
well as on its adver
of smoking and srr
Moschis (980) F
may act alone or in
individual, with sr.
processes; for exarr
adolescents (Oakle
advertising would
In a second cause
relationships with (
agents (parents, pe
the US National In:
the US Congress tl
people] are parent:
Act, 1983, p. 53). Li
literature has tende
initiation of smokir
influences among (
These conclusiOI
1983-1984 for the V
smoking, the most
related attitudes of
(Aare et al., 1986,
attitudes of young I
1991, p. 6) support
However, regard
that:
One would expo
youths' smoking
potential source!
sources; or to bE
POLITICAL RESPONSES
e.
The responses of various governments to such ambiguous research findings have
ranged from enthusiastic endorsements of the positive studies (whatever their
shortcomings) to adopting a prudent albeit favourable interpretation of these
findings - what is sometimes called the Lalonde Doctrine, named after a fonner
Canadian Minister of Health who argued that science is full of 'if's, but's
and maybe's' but that government policies and messages designed to influence
people's behaviour must be 'loud, clear and unequivocal'.
Thus the British government's ultimate response to the Smee Report <Depart-
ment of Health, 1992} and its consideration by a Health Select Committee was to
reject the latter's recommendation of a tobacco advertising ban, while stating that
'The government believes that there is a relationship between tobacco advertising
and consumption [even though] the nature of the relationship, and the extent of
the effect, remain debatable and may vary between countries, across time and in
relation to particular groups' Bottomley, 1993, emphasis added). Similarly, the
Report of the Legislation Committee of the State of Western Australia (1990)
acknowledged that no compelling evidence had been presented that advertising
causes people to begin smoking. Nevertheless, it favoured a tobacco advertising
ban because it 'is a purely political decision ... that is not based upon irrefutable
empirical evidence'.
The rationale for tobacco advertising bans has increasingly emphasized the pro-
tection of 'vulnerable groups' such as children, but also women, minorities and
uneducated people in developing countries. Thus recent US anti-tobacco adver-
tising bills have been relabelled as 'child protection' or 'tobacco education' acts.3
'Protecting children' carries much more emotional weight than inveighing
against adult smokers. It is also alleged that tobacco companies have to target
very young people because they have to replace growing numbers of ex-smokers
and dead smokers - a questionable statement that could equally be applied to
butter manufacturers and funeral homes which also have to find new customers
once previous ones have departed. In any case, relatively few people start smok-
ing after their early twenties, so that it is appropriate to focus on those teenage
years where most initiation and regular smoking begin. It is therefore essential to
analyse why some young people start and continue smoking, keeping in mind that
These are all compl
C Advertising A55OCiation 1994.
C Advertisin6 Association t'
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CIGARETTE AD BANS AND SMOKING
315
bad~' (whereby
ty-free purchases
.. vernment
. 'es, etc.),
. enever
.smoking sources
around 70 per cent of US high school seniors never tried smoking or did not
smoke within the previous month in 1987 (US Department of Health, 1989, p. 30J;
the 1994 Surgeon General Report does not provide comparable data). .
phasized the pro-
n, minorities and
lti-tobacco adver-
) education' acts.3
than inveighing
les have to target
6S of ex-smokers
llly be applied to
1d new customers
JeOple start smok-
on those teenage
~fore essential to
~pingin mind that
Juvenile smoking determin~ts
There is no simple explanation of why children start to smoke (Goddard, 1990;
Hill, 1990; Rabier, 1991). Like other behaviours (e.g. drinking, using cosmetics,
driving), juvenile smoking is affected by numerous physiological, psychological,
social, economic, political and cultural factors. Smoking behaviour is probably
even more complex because of the disproportionately negative signals received
nowadays by the potential or actual smoker from the media, authority figures
(parents, schools, governments, etc.) and the warnings on the product itself as
well as on its advertisements, so that most youngsters now hold a negative view
of smoking and smokers (Rabier, 1991, p. 365).
Moschis (1980) provides a useful classification of explanatory factors which
may act alone or in combination. First, the causal factor may be located within the
individual, with smoking being the result of biophysical and/or psychological
processes; for example, smoking helps reduce the stresses experienced by many
adolescents (Oakley et aI.. 1992; Warburton et aI., 1991). In that case, cigarette
advertising would play virtually no role in smoking initiation and maintenance.
In a second causal model, youths develop the smoking habit as a result of their
relationships with external but immediate sources of information and socialization
agents (parents, peers, siblings, schools, mass media. etc.). Thus the Director of
the US National Institute of Child Health and Human Development reported to
the US Congress that '[T]he most forceful determinants of smoking [by young
people] are parents, peers, and older siblings' (Smoking Prevention Education
Act, 1983, p. 53). Likewise, the US Surgeon General's 1989 report noted that 'The
literature has tended to underscore the role of parental example and influence for
initiation of smoking by young children and adolescents, and the primacy of peer
influences among older youths' (US Department of Health, 1989, p. 337).
These conclusions are supported by the four-country survey conducted in
1983-1984 for the World Health Organization (WHO): 'When young people start
smoking, the most important predictor is the smoking behaviour and smoking-
related attitudes of "significant others"', such as best friends and family members
(Aare et aI., 1986, pp. 21 and 28). The 1991 report on the smoking habits and
attitudes of young European girls aged 11 to 15 years of age (Karaoglou and Naett,
1991, p. 6) supports these conclusions (see also Oakley et aI., 1992).
However, regarding this socia-psychological causal model, Moschis observed
that:
One would expect cigarette-advertising exposure to have a direct effect on
youths' smoking behaviour; to mediate or to be mediated by, the effect of other
potential sources of influence; bl be the result of the youths' relations with other
sources; or to be conditioned by select characteristics of the youth.
(1989, p. 52)
These are all complex propositions that do not admit to any simple untangling of
~ch findings have
i (whatever their
retation of these
ed after a former
.111 of 'if's, but's
;ned to influence
? Report (Depart-
:ommittee was to
while stating that
Jacco advertising
and the extent of
cross time and in
d). Similarly, the
Australia (1990)
i that advertising
bacco advertising
. .irrefutable
C AdvertISing AJIociation t994.
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INTERNATIONAL JOURNAL OF ADVERTISING, 1994, 13
causes and effects. At best, exposure to cigarette advertising can only be a
'predictor' rather than a 'cause' of smoking by the young (Hill, 1990, p. 205). The
next section returns to the potential impact of tobacco advertising on juvenile
smoking initiation.
Finally, Moschis (1989, p. 52) identifies a third model where the causa} factor
is located in a socio-cultural system to which the youth belongs; for example, it is
acceptable for men to smoke but not for women in some countries (e.g. in Hong
Kong and Turkey); and the lower classes tend to smoke but the upper classes do
not (e.g. in the present-day United States). He cautions that this argument is the
hardest one to substantiate because these place and time differences are not
sufficiently understood. However, data from various countries are compared in
a later section because it is frequently argued that more countries should emulate
older ban nations.
Linking tobacco advertising to juvenile smoking
Proving that adv~rtising has some effect on juvenile smoking is a daunting task
because of: (1) inadequate models of smoking behaviour (van Raaij, 1990; Poiesz,
1990); (2) faulty methodologies (see Appendix G in Children's Research Unit,
1989; Mizerski, 1992), and/or (3) the frequent mistake of accepting proofs of
association between two variables (e.g. advertising and smoking) as proofs of
causatioll.
Thus, regarding this third point, smoking behaviour may be associated
with peer group pressure, but the mere presence of a peer group in itself does
not ~xplain why a particular individual starts or continues to smoke, particularly
if others do not. Similarly, when they are exposed to cigarette advertising,
juveniles are more likely to be familiar wit~ the advertised brands and even
to 1ike' their advertisements, whether they smoke or not. However, such
heightened awareness and liking have not been shown to be sufficient
conditions to stimulate the trial and adoption of smoking (Department of Health,
1992, p. 21; Mizerski, 1992; Poiesz, 1990, p. 54). By themselves, they do not
help in an understanding of any causal effects of tobacco advertising on smoking
initiation and maintenance (McDonald, 1993, p. 279; van Raaij, 1990, pp. 40-41).
As Klitzner et al. (1991, p. 296) acknowledged, 'For any single set of correlational
data, there is an infinite variety of causal models which may be inferred to
generate it'.
In this context, researchers and practitioners no longer accept a simplistic
'stimulus-and-response' view of advertising, whereby people behave like
Pavlov's dog and simply start or continue to smoke because they are exposed to
attractive cigarette advertisements (Advertising Association, 1993). Instead, they
now subscribe to a more complex information processing model where the key
question is not 'What does advertising do to people?' but 'What do people do with
advertising?' and 'What do people use advertising for?' (Buttle, 1991; Lannon,
1986, Murray, 1986). In other words, consumers (including children) are not mere
automatons; instead, they pick and choose from advertising and other sources of
information (nowadays usually negative), including their own experience and
that of significant others.
e Advertising ."s~lion 1994.
~
CIGARErrE AD BAN
These observatie
advertising bans. /
smoke or intend tc
tisements; O'Conr
cigarette advertiseI
adolescents' recogJ
suggesting that a st
contributes to the
claims are only abc
or reinforces smo~
run in the opposit,
and like tobacco a,
edge as much).
The same reseT'
sponsorshipstoju\
11 to 16-vear-old
associated with sp
methodological qu
does it really say
televised sponsore
brand; and (2) its a:
edges that his stue
sponsorships and
Bureau, 1987, pp.
recall by children.
Underlying the:
be called 'the
advertisements ar
and juvenile user
ages (juveniles an,
do, according to
something in the
they smoke Marll
publicized articles
Medical Associatiol
cartoon advertiser
There are actue
acknowledges tha
smoking behaviot
trates this view:
Given the assoc
cent smoking, tl
brand preference
Man'.
e AdveM,sins A5SOC1.tion 1
DVERTiSING. 1994. 13
CIGARETiE AD BANS AND SMOKING
317
ising can only be a
~ p. 205). The
'I., on juvenile
:ere the causal factor
gs; for example, it is
'.mtries (e.g. in Hong
the upper classes do
this argument is the
differences are not
ies are compared in
tries should emulate
~ is a daunting task
1 Raaij, 1990; Poiesz,
en's Research Unit,
lccepting proois of
)king) as proofs of
These observations can be applied to recent studies used to support tobacco
advertising bans. Aitken et al. (1985, 1991) claimed that older adolescents who
smoke or intend to smoke are more likely to recognize and like cigarette adver-
tisements; O'Connell et al. (981) asserted that 10 to 12-year-olds who liked
cigarette advertisements were more likely to smoke; while Fischer (989) held that
adolescents' recognition of tobacco advertisements.correlated with cigarette use,
suggesting that a strong case can be made that the advertising of tobacco products
contributes to the initiation and maintenance of tobacco habits. However, these
claims are only about associations; thus they do not prove that advertising induces
or reinforces smoking behaviour. Actually, the association and causation could
run in the oppos~te direction, namely that smokers are more likely to recognize
and like tobacco advertisements (Aitken et al. (1991) and Rabier (1991) acknowl-
edge as much).
The same reservations can be expressed regarding a study linking tobacco
sp msorships to juvenile smoking. Ledwith (1984) reported that awareness among
11 to 16-year-old children was highest for cigarette brands most frequently
associated with sponsored sporting events on British television. Besides raising
methodological questions about this study (Children's Research Unit, 1989, p. 39),
does it really say more than that the responding children exposed to these
televised sponsored events were significantly more aware of: (1) the sponsoring
brand; and (2) its association with the sponsored sport? Ledwith himself acknowl-
edges that his study made no attempt to establish causal links between tobacco
sponsorships and children's smoking behaviour. A British study (Research
Bureau, 1987, pp. 12-13) also raised questions about the meaning of advertising
recall by children.
Underlying these various criticisms of cigarette advertising is what may
be called 'the attractive-imagery argument'. Thus Marlboro cigarette
advertisements are often criticized because of the discrepancy between adult
and juvenile users of that brand. Some 25 per cent of US smokers of all
ages (juveniles and adults) smoke Marlboros, but 35-75 per cent of adolescents
do, according to various non-industry surveys. There must therefore be
something in the Marlboro Man's imagery that attracts juveniles, because
they smoke Marlboros to a much greater extent than do adults. The much-
publicized articles in the 11 December 1991 issue of the Journal of the American
Medical Association used similar arguments about the more recent Joe Camel
cartoon advertisements.
There are actually two different arguments at play here. The first simply
acknowledges that the cowboy image will affect brand preference rather than
smoking behaviour itself. A quote from the 1989 Surgeon General Report illus-
trates this view:
Given the association of rebelliousness and behavioural problems with adoles-
cent smoking, there may be a relationship between the noted disparity of overall
brand preference and the emphasis on the tough independence of the 'Marlboro
Man'.
(US Department of Health, 1989, p. 339, emphases added)
nay be associated
;roup in itself does
smoke, particularly
;arette advertising.
i brands and even
)t. However, such
n_ sufficient
) t of Health,
~l ,they do not
rtising on smoking
j, 1990, pp. 40-41).
set of correlational
1ay be inferred to
ccept a simplistic
I iJple behave like
1ey are exposed to
993). Instead, they
del where the key
, . do people do with
tie, 1991; Lannon,
:iren) are not mere
:d other sources of
n experience and
C AdvertiSing AsIocialion t994.
--
.
e.
< 318
INTERNATIONAL JOURNAL OF ADVERTISING. 1994, 13
CIGARETTE AD BAN
In other wvrds, if children are going to try smoking anyway, the brands with the
imagery most reflective of their mental and emotional states are going to be more
appealing.
The second line of the imagery argument reasons that some youths are more
likely than others to become smokers on account of a variety of psychological
factors. These would-be smokers have particular self-concepts (e.g. they want to
be independent, to be physically attractive, to control their weight, to take risks,
to appear confident. etc.), and they look around for role models that embody such
self-images. In this view, the personality self-ratings and the personality ratings
assigned to models in cigarette advertisements (e.g. the Marlboro Man or Joe
Camel) often match, so that the would-be smoker mav become an occasional or
regular smoker after being exposed to these cigarette advertisements that include
the attractive role models embodying the adolescents' self-concepts:
To the degree that adolescents do consciously try to reduce the distance
between their ideal and real self-images, the personality traits popularly im-
puted to cigarette smokers could be sufficiently alluring as to induce adolescents
to smoke.... For the typical youth seeking to make his/her real self correspond
more closely to his/her ideal self, the portrayal in cigarette ads of valued
aspects of identity such as independence, social and physical attractiveness and
confidence should make cigarettes appear more attractive to adolescents than
without such associated imagery.
(McCarthy and Gritz, 1988, pp. 4-5, emphases added)
The link here is not to brand preference, as in the first argument, but to the
smoking act itself Notice, however, the huge qualifiers 'could be' and 'should'.
Here we are navigating the realm of plausibility rather than causality. Yes, it could
happen that way - but does it? And if it does happen, how often; and how does
it compare with the influence of other factors (McDonald, 1993, p. 285)? To accept
this plausible line of reasoning, one must overlook a number of contradictory
facts:
· The advertisements for many other products (chev.ring gum, soft drinks, nail
polish, athletic shoes, cars, etc.) use images and appeals similar to those found
in cigarette advertising, so that adolescents can find appropriate role models
related to pursuits other than smoking.
· In a recent survey (Meyer, 1991), most (68-85 per cent) young college students
could not associate the imagery used in some cigarette advertisements with
cigarettes when the brand name and the tobacco product were hidden from
view (ct. Klitzner, 1991).
· 'Those teenagers who become regular smokers evidence decreased favorability
of attitudes toward the social benefits of smoking' (McCarthy and Gritz, 1988,
p. 9) - they think less of it!
· 'Researchers attempting to establish cigarette advertising effects through the
formation of seIf-concepts must address the most enduring issue concerning
mass-media effects on societal values, Specifically, whether cigarette advertis-
ing changes societal values and behaviors, or whether changes in social climate
foster changes i:
Altogether, ther.
personality, attitud
a number of emirc
the studies reportir
amounts of unexpJ
nesses explainable
smoking initiation
smoking. Yes, the:
fundamentally una
a simple response
countries \\-ith littl.
International conh
If advertising werE
would expect juver
ted than where it is
et aI., 1986) found ':
tries such as Nom
banned, and in cou
one cannot control:
ence of these two
tobacco advertising
New Zealand bans
In Finland, tobacl
less, University of l-
increased after imp'
3); and 1989-1990
among eleven Eur
incidence of smokir
sharply in the perio
1979 and 1985. Th
increase in smokir
researchers noted t
18 - from 25 per ce:
not show any sign ,
olds who smoke da
the Act on Smoking
years earlier.
More recent Finni
juvenile smoking d
[1977] act and remaJ
to 18-year-olds] anc
also Rimpela et al., 1
e Advertising ~tion ]9'#4.
C Advertising Association t9<
~
lVERTISING.19'94,'13
. the brands with the
Ire going to be more
~hc are more
~;chological
:s (e.g. they want to
'eight, to take risks,
s that embody such
personality ratings
ulboro Man or Joe
:Ie an occasional or
~ments that include
mcepts:
,duce the distance
-ail:> pvpula!i.v im-
induce adolescents
:!al self correspond
~tte ads of valued
attractiveness and
) adolescents thdn
emphases ad.ded)
;ument, but to the
be' and 'should'.
;ality. Yes, it could
en; and how does
p. 285)? To accept
r.tr~dictOry
t, soft drinks, nail
tar to those found
'riate role models
; college students
'erti5ements l\'ith
'ere hidden from
~ased favorability
l and Gritz, 1988,
:ects through the
issue concerning
igarette advertis-
; in social climate
f
CIGARETTE AD BANS AND SMOKING
319
,
!
1
!
foster changes in cigarette advertising themes and smoking behavior'
(Moschis, 1989, p. 56).
Altogether, there are many 'predictors of smoking' by juveniles, involving
personality, attitudes, intentions, family situations, friendship networks as well as
a number of environmental factors, including advertising (Hill, 1990). However,
the studies reporting these factors often contradict each other, they include large
amounts of unexplained variability, they exhibit various methodological weak-
nesses explainable by either researcher bias or the sheer complexity of juvenile
smoking initiation, and they do not prove any cause between advertising and
smoking. Yes, there is 'smoke' but what is 'the fire'? That question remains
fundamentally u}1answered; and the smoking habit cannot be understood as just
a simple response to any single stimulus such as advertising - particularly in
countries with little or no cigarette advertising.
International contradictions
If advertising were a significant influence on smoking by the very young, one
would expect juvenile smoking to be higher where tobacco advertising is permit-
ted than where it is not. However, the previously mentioned WHO survey (Aare
et al., 1986) found 'no systematic differences' between juvenile smoking in coun-
tries such as Norway and Finland, where tobacco advertising was completely
banned, and in countries such as Austria and England, where it was not. While
one cannot control for all the variables bearing on smoking behaviour, the experi-
ence of these two Scandinavian countries with a relatively long experience of
tobacco advertising bans is significant. (The multi-stage 1988 Canadian and 1990
New Zealand bans are too recent for meaningful interpretations.)~
In Finland, tobacco product advertising has been banned since 1978. Neverthe-
less, University of Helsinki researchers have found that smoking among juveniles
increased after imposition of the ban (Rimpela et al., 1987; Rimpela et ai., 1989, p.
3); and 1989-1990 smoking statistics for 13 to 15-year-olds were the highest
. among eleven European countries and Canada (Rimpela, 1992, p. 285). The
incidence of smoking among 12 to 18-year-olds of both sexes had been declining
sharply in the period preceding the ban in 1978, but it stabilized generally between
1979 and 1985. Then, between 1985 and 1987, the evidence showed 'a clear
increase in smoking ... among adolescents' <Rimpela et al., 1987, p. 4). The
researchers noted that the greatest increase had been among girls aged 16 to
18 - from 25 per cent in 1979-1985 to 32 per cent in 1985-1987. These trends did
not show any sign of weakening in 1987-1989: 'The percentage of 14 to 18-year-
olds who smoke daily in 1989 was greater than the respective percentage when
the Act on Smoking came into effect in 1977' (Rimpela et al., 1989, p. 3) - i.e. twelve
vears earlier.
- More recent Finnish reports confirm these findings: 'T ohacco consumption and
juvenile smoking decreased in the 19705 before and after the enactment of the
[19771 act and remained steady in the 1980s. Smoking increased in adolescents [14
to 18-year-olds] and females at the end of the decade' (Rimpela, 1992, p. 287; see
also Rimpela et al., 1992, pp. 9-10), although there may have been a decline among
C AdvertISing Association t 994.
--
.
.
320
INTERNATIONAL JOURNAL OF ADVERTISING. 1994. 13
CIGARETTE AD BANS
There was no nati
between 1963 anc
daily smokers am
... period, or whet
time between the
Furthermore, the l'
different organizati(
Canadian governml
studies cited by Bjar
of a rather narrow a~
do not offer 'comp
reduces either smok
the social acceptabili
recent Norwegian s(
rather than the statl
A comparison of'
gian schoolchildren
years (Klepp et aI., 1
male ninth graders 5
cent in 1985; and th
1989.
The Children's R
found that the prop
was significantly hi~
only minor adverfu
Hong Kong (3 per CI
(less than 0.5 per ceT
year-olds claimed tc
cent, and in Hong t
In NOT\-\.'ay, of COt
young to have been
allegedly fosters, aft
of the study had n(
contrast. all of the sr;
up in the presence t
In other words, al
tising controls - ran
from that situation wi
smoking. Conr'ersely,
had the strongest rest
there is another one
Clearly, factors othe
played the key role:
other countries.
~ Advmsin~ AssocIation 1~
boys after 1989 - possibly because of lower disposable income or of a lower
percentage of responses by smokers to surveys.
Those who favour tobacco advertising bans claim that daily smoking among 13
to IS-year-old Norwegian schoolchildren declined sharply after advertising was
banned in 1975, reversing a supposedly upward trend (Bjartveit, 1983, 1990;
Bjartveit and Lund, 1987; Statens Tobakkskaderad, 1993). But how could juvenile
smoking prevalence have declined since 1975 if adult smoking prevalence had
remained essentially unchanged during the same period (Gotestam and
Gotestam, 1990)?" There could be three flimsy explanations for this seeming
paradox: (1) many more people are waiting until adulthood to begin smoking; (2)
older generations of smokers are smoking much more than they used to, offsetting
the supposed decline in smoking among younger generations; or (3) juvenile
smoking incidence is not declining. The first and third of these explanations lend
no support to extreme advertising controls as a means of reducing consumption.
The second explanation seems implausible since it is usually older groups that are
quitting at the highest rates, although data provided by Bjartveit and Lund reveal
an increased prevalence of smoking among 35 to 45-year-olds from around 1980
to 1990 <Tobacco Advertising Bans Work, 1992, p. 12).
A fourth explanation might be that advertising in fact still exists in Norway.
This explanation has begun to emerge in the controversy over so-called 'hidden
advertising'. Paavola et aI. (1991), for example, have suggested that the persistence
of 'hidden advertising' may help account for the fact that juvenile smoking
incidence in Finland is increasing (see also RimpeHi et aI., 1993). However, it
strains credulity to assign such overwhelming influence to 'hidden advertising'
whose existence is predicated on survey data that over half of the young people
in Finland had seen tobacco advertisements during the previous month (Hara-
EteIaharju and Rimpelii, 1989; RimpeHi et aI., 1992, pp. 14-15). These were in the
form of cigarette logos in pictures of sportsmen in the media, sponsored public
events, and products using cigarette brands (clothes, footwear, cosmetics, etc.). Be
that as it mav, one simply cannot have it both ways, i.e. citing a country as proof
that banning advertising reduces consumption, and then suggesting that contin-
ued advertising is why consumption in that same country has not declined.
Bjartveit's claimed decline in smoking among Norwegian youth depends,. in
anv event, on a misleadingly selective use of the data from the underlymg
su~evs. This alleged decline relates to daily smoking, but the data indicate that
combined dailv and occasional smoking among boys in this age group was in fact
declining prior to 1975 (Aare et al., 1981, p. 165), and that combined daily and
occasional smoking among 13-year-olds, at least, increased after 1975 (Aare et aI.,
1983, p. 4). Moreover, it is not at all clear that the incidence of smoking in this age
group was on the rise before the imposition of the adve~sin~ ban. A1tho~gh the
incidence of smoking in this age group was reportedly higher In 1975 than In 196~,
no nationwide schoolchildren survey was performed between 1963 and 197::>.
Thus the incidence of smoking in this age group may well have peaked as early
as 1970 when the incidence of adult smoking also peaked before declining. As
Aare and others noted:
C Advenisins Assoaation t994.
...
ERT1siNG, "1994. 13
me' or of a . lower
~ongl3
~ . ing was
:tV ,1983, 1990;
ow could juvenile
g prevalence had
(Gotestam and
for this seeming
~gin smoking; (2)
used to, offsetting
s; or (3) juvenile
~xplanations lend
ing consumption.
er groups that are
~ and Lund reveal
Tom around 1980
.xists in Norway.
50-called 'hidden
at the persistence
uvenile smoking
93). However, it
iden advertising'
he young people
us month (Hara-
nese were in the
_;red public
,etc.). Be
J as proof
;ting that contin-
not declined.
>uth depends, in
the underlying
.ataindicate that
;roup was in fact
lbined daily and
1975 (Aare et al.,
oking in this age
ell. Although the
975 than in 1963,
1963 and 1975.
peaked as early
re declining. As
,
t
I
f
l
CIGARETTE AD BANS AND SMOKING
321
There was no nation-wide study of smoking among schoolchildren in Norway
between 1963 and 1975. Accordingly, it is not known whether the increase in
daily smokers among children of both sexes ... occurred evenly throughout the
... period, or whether the trend may have reached a peak and culminated some
time between the two dates.
(1981, p. 165)
Furthermore, the 1957 and 1975-1985 schoolchildren data were collected by
different organizations and may not be comparable. Besides, the Chief of the
Canadian government Tobacco Products Unit questioned the reliability of the
studies cited by Bjartveit on the grounds that they were 'based on small samples
ofa rather narrow age range' (Collishaw, 1986, p. 1). The Norwegian data, he said,
do not offer 'compelling evidence that banning tobacco product advertising
reduces either smoking by youth or overall tobacco consumption'. Finally, since
the social acceptability of smoking has been decreasing, it is possible that the more
recent Norwegian schoolchildren studies reflect the under-reporting of smoking
rather than the stated decline in smoking.
A comparison of 1983, 1985 and 1989 survey data of 11 to 16-year-old Norwe-
gian schoolchildren revealed an overall decline in reported smoking over these
years (KIepp et al., 1991). However, the results were mixed, with 17.2 per cent of
male ninth graders smoking daily in 1989 versus 16.8 per cent in 1983 and 15.7 per
cent in 1985; and the proportion of non-smokers declined slightly from 1985 to
1989.
The Children's Research Unit (CRU) sixteen-country juvenile study (1989)
found that the proportion of 11 to 15-year-olds who claimed to smoke regularly
was significantly higher in Norway (13 per cent) than in Spain (7 per cent) where
only minor advertising restrictions were in effect, and far higher than in either
Hong Kong (3 per cent) where few tobacco advertising controls existed, or Kenya
(less than 0.5 per cent) which had no restrictions. In Norway, 36 per cent of all 15-
vear-olds claimed to smoke regularly in 1987, while in Spain the figure was 27 per
~ent, and in Hong Kong 11 per cent.
In Norway, of course, the 7 to 15-year-old subjects of the CRU study were too
young to have been influenced by cigarette advertising or by the 'climate' that it
allegedly fosters, after the ban was imposed in 1975. Indeed, some of the subjects
of the studv had not even been born by the time the ban was introduced. By
contrast, allof the subjects of the CRU studies in Spain and Hong Kong had grown
up in the presence of cigarette advertising.
In other words, although all these countries have very different tobacco adver-
tising controls - ranging from minor to major and to a ban - one could not predict
from that situation which country had the lowest incidence or highest decline of juvenile
smoking. Conversely, juvenile smoking statistics would not help predict which country
had the strongest restrictions on tobacco advertising. For every country with a ban,
there is another one without a ban that displayed a lower incidence of smoking.
Clearly, factors other than tobacco advertising and its extreme control must have
played the key roles in juvenile smoking initiation and prevalence in these and
other countries.
C Advertising As5ociation 1994.
f-
.
.
322
INTERNATIONAL JOURNAL OF ADVERTISING, 1994. 13
CIGARETTE AD SA"
p. 18; Stewart, ~
Waterson, 1990).1
dian government'
tobacco ad vertisir
than nations with
Similarly, Wate:
ciation, showed tl-
1975 to 1987 in co
some of the latter
(1986-1990) by an
clusion (see also ~
Gotestam and (
bacco per capita 5
. 2.08 to 2.14 kgs ]
figures - 2.176 a:
A vgiftsdirektorat
che'wing tobacco,
reported a 5 per (
in Norway.
Lewit (1988) co
countries (LDes)
Policy. Accordin!
existence of adve
on the level of, c
People's Republi,
in the face of pr
Taiwan, where s.
less than half the
was only margin
The report of :
advanced econo
assumed some 0
Table 1 Per capita ti
Ca
1975-1979 (kgs)
1984 (k~s)
Decline ('i()
Note: Bans were appl
date from 1979. Can<
in the early 19705. b'
1975-1984 . period.
Source: Rogers et aI.,
~ Ad,.trlIs.ng Asso..'"iatic
TOBACCO ADVERTISING AND SMOKING BY ADULTS
Age of smoking initiation
The proponents of tobacco advertising bans contend that virtually all adult
smokers begin to smoke in their early teens. This claim is highly questionable. In
the United States, for example, the Secretary of Health and Human Services
reported that over half (53.3 per cent) of US current smokers in 1986 started
smokbg regularly after turning 18 (US Department of Health, 1990, p. 19).6 In
Norway, the average age for beginning to smoke every day was 19 years for all
daily smokers aged 20 and over in 1992 (Statens Tobakksaderad, 1993, p. 24). In
Finland, about 25 per cent of young peopJe aged 15 to 19 smoked in 1989, but this
percentage increased with age to some 40 per cent for 20 to 24-year-old men, with
smoking beginning to decrease notably only after age 30 - a similar but lower level
pattern applies to female smokers (Vartiainen, 1991). In Japan, where adult
smoking incidence is amOI g the highest in the world, only 1 per cent of 1S-year-
olds smoked (Children's Research Unit, 1989, p. 9).
While advertising ban proponents do not argue that tobacco advertising causes
adults to start smoking, some state that such advertising maintains smoking by
adults. Again, the evidence does not support this claim.
Adult per capita consumption statistics
Data from various free-market countries indicate that tobacco consumption by
adults is not significantly affected by the severity of advertising controls. In some
countries, adult consumption levels are higher where advertising is forbidden
than where it is allowed. In other cases, countries with lower tobacco
consumptions tend to be those with more advertising restrictions, but the lower
consumption levels were well established before advertising restrictions were
introduced, so that these lower levels cannot be ascribed to advertising restric-
tions (Stewart, 1992, p. 110; but see Laugesen and Meads, 1993, p. 12 for a
rebuttal).
A related problem concerns the direction of causation: do countries with a prior
and stronger anti-smoking social climate, one that would lead towards declining
consumption anyway, tend to enact advertising bans; or does a ban itself help
generate a decline in smoking (Department of Health, 1992, p. 10)? It is interesting
to observe that, within the context of a proposed ban on tobacco advertising by
the European Union, it is those countries that have already achieved the largest
reduc;t;ons in tobacco consumption in the last decade - the Netherlands, United
Kingdom and Germany - that oppose such a ban (Bottomley, 1993).
Scandinavian countries are often cited by advertising ban proponents as cases
where tobacco advertising restrictions have been followed by declining per capita
consumption - that is, th~ kilograms (kgs) of tobacco consumed, divided by the
number of adults (15 years old and above) in the population. ('Adults' are usually
defined in smoking studies as being 15 years old and above.) In fact, the available
statistics establish that adult per capita tobacco consumption in Scandinavian
countries began declining before advertising controls were imposed; thereafter,
they either continued to decline or increased somewhat (Statistics Sweden, 1993,
e Advenisillg Association 1994.
--
:JVERtJSING.'1~94. 13
,
i
rs
~
i
~
&lIV all adult
~tionable. In
nd Human Services
kers in 1986 started
lth, 1990, p. 19).' In
was 19 years for all
~rad, 1993, p. 24). In
ked in 1989, but this
-year-old men, with
nilar but lower level
lapan, where adult
per cent of 15-year-
:0 advertising causes
/intains smoking by
:0 consumption by
:g controls. In some
tising is forbidden
ith lower tobacco
ions, but the lower
; restrictions were
advertising restric-
.Ap" 12 for a
'. with a prior
towards declining
$ a ban itself help
~O)? It is interesting
cco advertising by
:hieved the largest
~therlands, United
, 1993).
roponents as cases
eclining per capita
~, divided by the
\dults' are usl.:ally
1 fact, the available
1 in Scandinavian
lposed; thereafter,
tics Sweden, 1993,
CIGARETTE AD BANS AND SMOKING
323
p. 18; Stewart, 1993; Tobacco Advertising Bans and Consumption, 1986;
Waterson, 1990). Thus the statistics collected by Rogers et ai. (985) of"the Cana-
dian government's Tobacco Products Unit reveal that countries with moderate
tobacco advertising controls in 1975-1984 reduced tobacco consumption more
than nations with stronger controls or with a ban (see Table 1).
Similarly, Waterson (990), Research Consultant to the UK Advertising Asso-
ciation, showed that per capita cigarette consumption declined much more from
1975 to 1987 in countries with advertising restrictions than in those with a ban _
some of the latter had even experienced increases (see Table 2). More recent data
0986-1990) by anti-smoking leader Chapman (992) do not invalidate this con-
clusion (see also Stewart, 1993 about OECD countries with and without a ban).
Gotestam and Gotestam 0992, p: 553) disclosed recently that Norwegian to-
bacco per capita sales (including sales at the border) had slightly increased from
2.08 to 2.14 kgs per adult from 1981 to 1990. Somewhat higher consumption
figures - 2.176 and 2.224 kgs - appear in Norwegian official statistics of the
A vgiftsdirektoratet, and include cigar, cigarette, roll-your-own and pipe tobacco,
chewing tobacco, snuff, tax-free and border sales. Chapman 0992, pp. 282-283)
reported a 5 per cent increase in per capita consumption between 1986 and 1990
in Norwav.
Lewit (i988) considered the effects of advertising restrictions in less developed
countries (LDCs) for the Harvard Institute for the Study of Smoking Behavior and
Policy. According to him, '[E]vidence from a sample of LDCs suggests that the
existence of advertising restrictions per se had little if any effect on trends in, or
on the level of, cigarette consumption' (p. 45). For example, he noted that the
People's Republic of China had one of the highest rates of cigarette consumption
in the face of practically no tobacco advertising at that time.; By contrast, in
Taiwan, where some cigarette advertising was permitted, the growth rate was
less than half the rate of PR China; and in Hong Kong, where cigarette advertising
was only marginally controlled, consumption was falling in the early 1980s.
The report of New Zealand's Toxic Substances Board (TSB, 1989) compared
advanced economies for the period 1970-1986. However, this report simply
assumed some of its conclusions; for example, by asserting that aggregate de-
T.ble 1 Per capita tobacco consumption in selected COllntrles. 19i5-1984
Severe
Countries with moderate restrictions Ban countries restrictions
Canada United Kingdom t.:nited States ~or'\\'ay Finland Sweden
1975-1979 (kgsl 3.98
1984 (kgsl 3.19
DE'Cline (% I -20
2.60
1.94 (1983)
-25
3.84
3.01
-22
2.21
(19i;)
1.93
+13
2.12
(1978)
2.17
+2
2.01
(1979)
2.04
+1
Note: Bans were applied in Norway in 1975, and in 1978 in Finland, while Sweden's severe restrictions
date from 1979. Canada, the United Kingdom and the United States had banned television advertising
in the early 1970s, but still had oniy moderate restrictions on advertising in other media during this
1975-1984 period.
Source: Rogers n aI., 1985.
C Advertising Association 1994.
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324 INTERNATIONAL JOURNAL OF ADVERTISING, 1994, 13
Table 2 Per capita consumptIon tr(,lIds'
. Countries ]973 ]987 Change Change2
]987-1973 1990-1986
(%) (%)
Netherlands 1748 1031 -41.05 -12
Ireland 2331 1589 -31.84 -10
United Kingdom 2339 1669 -29.26 -7
Canada 2563 2043 -20.28 -20
New Zealand 2018 ]620 -19.72 -12
United States 2811 2353 -16.30 -17
Belgium-LuxembClur~ 2031 1745 -14.12 0
Finland (1978) 1i14 1335 -9.28 +5
Australia 2301 2099 -8.79 +5
N07TDt1'o! 09i5) 1581 1504 -4.90 ...,
Denm.irk 1707 1647 -3.52 -12
Germany (FR) 1997 1930 -3.34 -1
l=~~!'{,,1? 1609 1693 +5.24 -2
Portugal (J 983) 1350 1449 +7.39 +6
Itaiy (1962, 1983) 1601 1730 +8.05 -6
.
Notes: 1 See Waterson. 1990, p. 67, for the 197:"....1987 data. Ban countries are in italics, with the vear
of the ban in parentheses. Since 1975 data were not available for Ireland, 1978 data were substinited.
All Umts shown are 'cigarette consumption in sticks per capita', except for Nor",:ay where the units used
are 'cor.sumption of manufactured cigarettes and RYO in grams per capita'. This is due to the impor-
tance of roll-vour-own (RYO) cigarettes in the Norwegian cigarette market.
2 The right hand column is from Chapman, 1992, pp. 282-283, but he calculated it with fewer adjust-
ments for other types of tobacco consumption.
mand {or cigarettes in countries like the United States somehow must be posi-
tively affected by advertising expenditures, simply because the size of such
expenditures is as large as it is. More importantly, the methodology used by the
TSB was to compare trends following the imposition of a ban in the ban countries
\o\ith trends in non-ban countries, with no account being taken of the trends in the
ban countries before the ban took place.
The key conclusion of the report was that tobacco consumption had declined
more rapidly in 'total ban for health reasons' countries (Iceland, Finland, Norway
and Portugal) than in other groups of countries. However, under cross-examina-
tion in the Canadian advertisement ban suit, Dr Jeffrey E. Harris, who testified
as an expert for the Attorney General of Canada, had to acknowledge that: (1)
Portugal was incorrectly placed in the group 'total ban on tobacco promotion for
health reasons'; (2) the consumption decline for Portugal was actually lower than
that given in the TSB report; (3) the classification of Italy in the groupings was
troublesome; and (4) the data for Iceland were seriously flawed (Audio transcript,
1990). Judge Chabot, in his 1991 Canadian Court decision, observed that 'With
respect to the TSB Report, the Court can only note that it contains serious
methodological errors and a lack of scientific rigor which renders it for all intents
and purposes devoid of any probative value' (Judgment, 1991, p. 128).
Prevalence Statistics
Gotestam and Gotestam 0990, citing Pierce, 1989) provided figures (see Table 3)
comparing the reduction in smoking prevalence (incidence or proportion of
() Advertising Association 1994,
f-
CIGARETTE AD BAN
Table 3 Reduction 117 r
and pre-valence at the end
Countries Pr
United States
Great Britain 1
Sweden
Norway
Note: 1 For the period ]
Source: Gotestam and C
I
!
I
I
I
I
I
I
smokers in the pc
varying degrees OJ
those countries wi
Gotestam and Go
ing among NOrwE
between 1979 (38 F
of 1978. A recent rt
rate of smoking pI
According to Gt
higher in Norway
without a ban; ben
in Norway than in
among women in ]'
per cent). They co.
smoking prevalent
that overall smokil
impact of the 1975
Bjartveit, the NoT\o\
that 'Even though
we cannot see that
In a more recent
[really, the percent
to have declined Ii:
to 34.5 per cent
T obakkskaderad, .
A recent Finnisl
reports a 'slight ine
and women (from
state that '[t]he grl
to be among your
until 1976, two ye
the consumptie
started to fall. I-i
e Advmisins Association J
.';'
IlERTISING. 1994.13
CIGARETTE AD BANS AND SMOKING
325
.
Change"
1990-1986
(%)
T.able 3 Reduction in TITtVtlJmce of ~molcing mOl and womm aged 10 and 0lJtI' in t~ pmod 1~7i-1987,
and prr..'aJmce at t~ Old ol the ptriod
Countries
Men
-12
-10
Prevalence
(1987)
(%)
Reduction
(1977-1987)
(%)
Women
-7
United States
Great Britain'
Sweden
Norway
31.7
35.0
24.0
41.3
-22.3
-23.9
-25.0
-8.0
Prevalence
(987)
(%)
26.8
31.0
27.0
33.3
Reduction
0977-1987)
(%)
-20
-12
-17
o
+5
+3
+7
-12
-1
-2
+6
-0
-14.6
-18.4
-12.9
+12.0
Not/!: 1 For the period 1976-1986.
Source: Gotestam and Gotestam 0990l, based on Pierce (1989).
'es (see Table 3)
. proportion of
smokers in the population) of adult men and women in four countries with
varying degrees of advertising control. Overall, the reductions were greatest in
those countries with restrictions well short of a ban.
Gotestam and Gotestam (990) also revealed that the prevalence of daily smok-
ing among Norwegian adults (20 years and over) did not change very much
between 1979 (38 per cent) and 1989 (35.5 per cent), following the advertising ban
of 1978. A recent report (ERC, 1991) confirms this trend, although it cites a higher
rate of smoking prevalence in Norway (around 42 per cent).
According to Gotestam and Gotestam (990), smoking prevalence in 1987 was
higher in Norway than in the United States and Great Britain, two countries
without a ban; between 1977 and 1987, smoking prevalence declined more slowly
in Norway than in the United States and Great Britain; and smoking prevalence
among women in Norway increased during this period (from 29.7 per cent to 33.3
per cent). They confirmed that Norwegian per capita tobacco consumption and
smoking prevalence had peaked before the 1975 ban - as far back as 1969 _ and
that overall smoking prevalence had hardly changed since the ban. Assessing the
impact of the 1975 ban in a published exchange of correspondence with Dr Kjell
Bjartveit, the Norwegian anti-smoking leader, Gotestam and Gotestam concluded
that 'Even though the law to stop tobacco advertising had a meaningful content,
we cannot see that it has had a fundamental effect upon the sale or use of tobacco'.
In a more recent publication they stick to the same conclusion: 'The number
[really, the percentage of daily smokers aged 15 years old and over] does not seem
to have declined [in Norway] during the last ten years' - from 35.5 per cent in 1981
to 34.3 per cent in 1990 (Gotestam and Gotestam, 1992, p. 533; ct. Statens
Tobakkskaderad,1993).
A recent Finnish study (Paavola et al., 1991) presents similar observations. It
reports a 'slight increase' in daily smoking among adult men (from 3~36 per cent)
and women (from 20-21 per cent) aged 15-64 between 1988 and 1990. The authors
state that '[t]he greatest increase in smoking over [the] two-year period appears
to be among young men'. They also recount that smoking increased in Finland
until 1976, two years before tobacco advertising was banned. Subsequently,
the consumption of tobacco products, and smoking among young people
started to fall. However, in the mid-1980s, the figures once more started to rise;
n italics, WIth the year
data were substitUted.
v where the umts used
~ IS due to the impor-
i It with tewer adjust-
lW must be posi-
the size of such
)logy used by the
the ban countries
:~dSinthe
iZ declined
=inland, Norway
r cross-examina-
is, who testified
lwledge that: (1)
:0 promotion for
:.1ally lower than
. groupings was
,udio transcript,
rved that 'With
ontains serious
it for all intents
:). 128).
e Advertising Association 1994.
f-
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.
326
INTERNATIONAL JOURNAL OF ADVERTISING. 1994. 13
and on the basis of the situation of the early 19905, smoking does not appear
to be decreasing at the moment.
{ (Paavola et al., 1991)
These conclusions are supported by Rahkonen et al. (992), Rimpela (992) and
Rimpela et al. (993).
CONCLUSION
At the Third World Conference on Smoking and Health, Karl Warnberg 09i5,
p. 854) advised the audience that: .
To summarize, there is no evidence to support the view that a ban on adver-
tising would have a positive effect on smoking habits. No empirical research
has been able to show that aggregate brand advertising leads to greater total
tobacco consumption. Nor has anything been found to suggest that advertising
entices non-smokers, young people in particular, into becoming smokers. It
follows, therefore, that there can be no e\'idence showing that a ban on adver-
tising would result in reduced tobacco consumption and fewer new smokers.
Disregarding this advice, anti-smoking advocates have intensified their efforts
in the last decade to ban tobacco advertising. Yet they have failed to support their
premise that such advertising significantly affects tobacco consumption as well as
smoking initiation and prevalence among juveniles and adults. This was effec-
tively conceded by the Standing Committee on Legislation of the Western Aus-
tralian Parliament:
After receiving evidence from people eminent in relevant fields of research, the
Committee is forced to the conclusion that no compelling evidence has been
presented that advertising causes people, and in particular young people, to
begin smoking. The strongest case presented to the Committee suggests that a
mix of personal and social factors acting together causes young people to
experiment with smoking.
Among young people at risk, advertising might well be influential in their
decision, particularly regarding the brands they choose. However, advertising
in isolation from all other factors shaping young people's lives has not been
shown to be a primary cause in their decision to begin smoking.
(Report, 1990)
Even US anti-smoking leaders admit as much. Thus Michael Pertschuk, former
Chairman of the US Federal Trade Commission and an outspoken foe of the
tobacco industry, told a Harvard University seminar (Tobacco Issues, 1983): 'No
one really pretends that advertising is a major determinant of smoking in this
country or any other'. Thomas Schelling, former Director of Harvard's Institute
for the Study of Smoking Behavior and Policy, tends to agree:
I've never seen a genuine study of the subject.... Most of the discussion I hear
- even the serious discussion - is about as profound as someone saying, 'ff J
C Advertising Association 1994.
f-
I
j'
I
I
I
I
I
CIGARETTE AD BAN~
were a teenage 1:
find it altogethel
important in eitl
primarily brand
In light of this e\
as Dr Bjartveit haVE
tobacco advertisinl
Bjartyeit and other~
industry' to demon
levels among youn
proving a negative
mercial speech bea
that effect in the fi.
Even if it were
advertising ban we
prevalence among:
total bans exist sug;
finds promises abc
0991, p. 1343) ree
[twenty-two OECr
tion by 6.8 percen
Meads' reply, 199:
However, many
their claims about
tising. Warner et a.
[It] is critical to I
promotional ted
children, to begi
any part in ene,
importance.
Of course, as M
prove that adverti~
that it actually he
motivates governr
tobacco advertisin
argues strongly ag
to smoking preval
Dr Bjartveit, Chi
now states that:
A cautious cone
publicity throuE
Cl Advertising Assooation 1
~.,.
; does not appear
J
.
~
~
CIGARETTE AD BANS AND SMOKING
327
:RTISING. "994. 13
At al.. 1991)
_ (1992) and
were a teenage black girl, that advertisement would make me smoke: I just
find it altogether unpersuasive.... I've been very skeptical that advertising is
important in either getting people to smoke or keeping people smoking. It's
primarily brand competition.
Warnberg (1975.
(Quoted in Sullum. 1991. p. 31)
In light of this evidence, it is not surprising that such anti-smoking advocates
as Dr Bjartveit have refused to 'accept the challenge' to demonstrate that banning
tobacco advertising would reduce smoking among young people or adults.
Bjartveit and others insist instead that 'the burden of proof lies with the tobacco
industry' to demonstrate that tobacco advertising has no impact on consumption
levels among youl\g people (Bjartveit. 1990, p. 4) - despite the impossibility of
proving a negative, and the normal role that proponents of restrictions on com-
mercial speech bear the burden of justification (see Judge Chabot's comment to
that effect in the first Canadian court case (Judgment, 1991, p. 58)).
Even if it were the responsibility of the tobacco industry to show that an
advertising ban would not result in reduced tobacco consumption and smoking
prevalence among young people or adults, the evidence from the countries where
total bans exist suggests they are not effective in achieving such goals. Yet one still
finds promises about tobacco advertising bans - as with Laugesen and ~eads'
(1991, p. 1343) recent assertion that 'a total tobacco advertising ban in those
[twenty-two OECD] countries without a total ban would have lowered consump-
tion by 6.8 percent' in 1986 (but see critique by Stewart. 1992; Laugesen and
Meads' reply, 1993; and Stewart's own study of OECD countries, 1993).
However. many proponents of tobacco advertising bans have recently softened
their claims about their effectiveness as well as about the role of tobacco adver-
tising. Warner et aI. (1992) commented recently that:
[It] is critical to emphasize that the issue is not whether advertising and other
promotional techniques play the major part in enticing non-smokers. especially
children. to begin using tobacco. Rather the issue is whether advertising plays
any part in encouraging consumption. and if so. what is its nature and its
importance.
t a ban on adver-
rnpirical research
is to greatPT total
t that advertising
:ning smokers. It
t a ban on adver-
'er new smokers.
ified their efforts
i to support their
'Ilption as well as
. This was effec-
he Western Aus-
:s of research, the
II,' e has been
people: to
. ests that a
!oung people to
fluential in their
~ver, advertising
res has not been
ing.
(Report, 1990)
~rtschuk. former
'oken foe of the
;sues. 1983): 'No
smoking in this
rvard's Institute
(p. S19)
Iisa1ssion I hear
~ne saying, 'If I
Of course, as McDonald (1993, p. 285) pointed out recently, 'We can never
prove that advertising has never influenced a child, any more than we can prove
that it actually has done SO:8 As was mentioned before. this doubt is what
motivates governments to 'believe' that bans or, at least. further restrictions of
tobacco advertising are appropriate, even when the evidence is inconclusive or
argues strongly against linking tobacco advertising to tobacco consumption and
to smoking prevalence.
Dr Bjartveit, Chairman of Norway's National Council on Smoking and Health,
now states that:
A cautious conclusion would be that the advertising ban, with the concomitant
publicity throughout the legislative process, had an impact on consumption and
C Advertising AsIociation 1994.
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"
328
INTERNATIONAL JOURNAL OF ADVERTISING. 1994.13
CIGAREiTE AD BAr
young people's smoking, and in combination with continued and increased educa-
ti01ta[ efforts, was a causal factor in the new trend.
conflict - with per~
4 Canadian report~ t
Products Control A
dtes no sources for
significant amount I
(see Munk, 1992). T;
when the Control I
5 Norwegian statistic
16-74 from 1973 te
reported a much hif
vear 1992 survev (:
large (about 36 per
6 These 1986 data arE
l'S Department of
unstated reasons, d,
that the mean age (\
1991 (p. 67). The 19
respondents had be.
had done so by the
7 One could also cite I
increased from 197
Tobacco Advertisin
8 In a recent issue of t;
challenged Colin M
'building a plausibi
proof (p. 13).
(1990, p, 8)
This 'cautious conclusion' is not a conclusion at all. It amounts to saying that
no single measure against smoking can be proven to be effective, but that a
package of anti-smoking measures may work in some mysterious 'combined' or
'catalytic' manner (Bjartveit's own words - the word 'synergy' is also used). This
approc.ch could be called the truffle theory of regulation: truffles do not have much
taste, 'out they make other foods taste better. Similarly, an advertising ban may
or may not work but, like truffles in copking, it is supposed to improve the
effectiveness of the anti-smoking policies of governments.
However, laws banning tobacco advertising are not about cuisine but concern
a much more serious matter - namely, curtailing freedom of commercial speech
by the aavemsers of a leg 11 product, and curtailing access to information by
consumers about brands and their features (see Judgment, 1991, p. 108; Luik,
1993). This is worse than saying that 'the end justifies the means' because, in the
case of tobacco advertising bans, the means used are poor since they cannot be
proven to work. Even a good policy end can only justify good policy means.
In fact, anti-smoking advocates often waffle on the subject after being con-
fronted with tl'-t;> experiences of ban countries. When they believe that consump-
tion has declined, after the imposition of an advertising ban, they credit the ban.
However, when consumption is shown not to have declined, they insist that no
immediate response should be expected - some even claim that it will take a
generation to see its effects (Rimpela et al., 1993, p. 10). These advocates cannot
have it both ways. The other rationales favouring a ban (see introduction) are
equally weak. .
Altogether, the premise that banning tobacco product advertising will reduce
tobacco consumption and smoking prevalence among juveniles and adults is
mistaken; and it provides no serious grounds for public policy regarding the
curtailment of smoking.
REFERENCES
Aaro, L., Hauknes, A. t.
SCllndinavian JOUT7lQII
Aaro, L., Bruland. E..
1975-1980, III. Seand
Aare. L.. Wold. B., Kam
national survey. Heai
Advertising Associatio
document 'Effect of -
Aitken, P.P., Leathar. [
ettes. Social Sciene~ a
Aitken, P.P., Eadie. D.
advertising on childr
Audiotranscript <1990> \
Canada. 5 June.
Bjartveit. K. (1983) Legi
and HtlIlth, Vol. 1. Wi
Bjartveit, J<. (1990) Fifte
at the Seventh Worlc
Bjartveit, J<. &: Lund, t
Health. November.
Boddewyn, J.J. (1989) T
and consumption. Br
Boddewyn, J.J. (1993)C:
ing and consumptior
Bottomley, V. (1993) Vi:
NOTES
1 It was the advertising of a New York State abortion clinic (Bigelow vs. Virginia, 421 US 809, 826.
1975). a sen;ce then forbidden in the State of Virgirna, that led the US Supreme Court to begin
articulating its four stringent tests for regulating commerdal speech (Central Hudson, 447 US 557,
1980). This case shows that it is not enough to anow general speech - for example, in favour of
abortion - but that it is also imperative to allow eommtrcull speech (that is, advertising) about specific
goods and senices. such as a particular abortion clinic or cigarette brand.
2 High 'confidence intervals' in statistical analyses are otten misconstrued. For example. a 95 per cent
confidence interval has nothing to do with confidence that the data are COTTect or that the inferences
are tr.1e. It is simply a number computed from the data themselves - whether reliable, biased or
fabricated - that tells one where 95 per cent of the data values occur. A statistical analysis will always
provide a 95 per cent confidence result, but it is just a number that has nothing to do with the true
situation.
3 The United Nations' Convention on Children's Rights contains an obligation to protect the special
rights of under-18s. and to place a child's interests before commercial ones when these interests
e Adv..msing Association t994.
C Advmisins A.ssoc:ation t
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"
,
.
t
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CIGARETTE AD BANS AND SMOKING
329
VERTISING. 1994.13
and increased educa-
conflict - wlth persons under 18 having to be protected from commercial exploitation.
4 Canadian repons tend to provide an optimistic account of the effects of the 1988-1989 Tobacco
Products Control Act that includes a tobacco advertising ban. However. Collishaw's paper (992)
cites no sources for some of its main consumption and prevalence charts. nor does it refer to the
significant amount of border sales and smuggling - the latter estimated at one out of four or six packs
(see Munk. 1992). The latest official Canadian smoking prevalence study was conducted in 1989. just
when the Control Act was implemented.
5 Norwegian statistics reveal a decline in daily smoking among men but not among women aged
16-i4 from 1973 to 1992 (Statistics Sweden. 1993. p. 64). Besides. Klepp n Ill. 0993. pp. 4.56-457)
reported a much higher proportion of daily smokers (46.8 per cent) in Oslo (under-represented in the
year 1992 survey (Statens Tobakkskaderad. 1993. p. 50) in 1989 than among 20 to 25-year-olds at
large (about 36 per cent) in 1988-1990.
6 Th5e 1986 data are based on periodic 'adult use or tobacco' surveys conducted since 1%4 tor the
l.:S Department or Health and Human Services. However. the 1994 Surgeon General Report, for
unstated reasons, does not refer to this source but uses four other ones. From the latter, they report
that the mean age of becoming a daily smoker was 17.7 years among respondents aged 30 to 39 in
1991 (p. 67). The 1994 Report also mentions that. by their senior year, 22-29 per cent of these 1991
respondents had become daily smokers (p. 67). Among those who had ever smoked daily, 71 per cent
had done so by the age of 18 (p. 67l.
7 One could also cite data from Eastern Europe and the fonner USSR where total tobacco consumption
increased from 1975 to 1989 when practically no advertising was allOWed (Joossens et al., 1991;
Tobacco Advertising Bans and Consumption. 1986).
8 In a recent issue of this journal (1994, 3(2), 195-201). G.B. Hastings. P.P. Aitken and A.~. ~acKint05h
challenged Colin McDonald 0993, 12(3)). It is worth noting, however, that their challenge rests on
'building a plausible case on the basis of circumstantial evidence. rather than seeking an ilIush'e
prool' (p. 13).
_ (1990, p. 8)
,. saying that
ffective, but that a
ious 'combined' or
.' is also used). This
, do not have much
Ivertising ban may
=d to improve the
:uisine but concern
:ommercial speech
to information by
[991, p. 108; Luik,
ns' because, in the
lce they cannot be
d policy means.
t after being con-
~ve that consump-
ley credit the ban.
:hey insist that no
chat it will take a
advocates cannot
introduction) are
REFERENCES
to protect the special
when these interests
Aare, L. Hauknes, A. &t Berglund. E.L. (981) Smoking among Norwegian schoolchildren 19/:l-1980, I.
SCllndinauittn Joul7lQl of Psychology, 22(3), 161-169.
Aam, L., BruJand, E.. Hau.knes, A. &t I.echsen. P.M. (983) Smoking among Norwegian children
191:>-1980, III. Scandi7lllVian Journal of Psychology, 24(4),277-284.
Aaro. L, Wold. B., Kannas, L. &t Rimpeli, M. (986) Health behaviour in schoolchildren: A WHO JOSS-
. national survev. Htalth Promotion, 1(1), li-33.
Advertising ~tion (993) The Advertising Association response to the Department of Health
document 'Effect of Tobacco Advertising on Tobacco Consumption'. London, January.
Aitken, P.P., Leathar, 0.5. &t O'Hagan, F.J. (985) Children's perceptions of advertisements for cigar-
ettes. Social Sciences and Medicine, 21(7). 785-797.
Aitken, P.P., Eadie, D.R., Hastings. G.B. 4ft Haywood, A.J. (1991) Predisposing effects of cigarette
advertising on children's intentions to smoke when older. British Joul7lQl of Addiction, 86. 383-390.
AudiotT/lnscnpt (990) Yol. 62, pp. 9594 ff., in the suit RJR.MacDonald (nc. VS Attorney General of
Canada,S June.
Bjartveit. I<. (1983) Legislation and political activity. Procttdings of the Fifth World Conference on Smoki'lg
IInd Htalth. Vol. 1. Winnipeg: Canadian Council on Smoking and Health.
Bjartveit, K. (1990) Fifteen years of comprehensive legislation: Results and conclusion. Paper presented
at the Seventh World Conference on Smoking and Health. Perth, Australia. 3 April.
Bjartveit. K. &t Lund. I<. (987) Smoking Control in Nurwtty. Oslo: National Council on Smuking clnd
Health. November.
Boddewyn, J.J. (989) There is no convincing evidence for a relationship between dgarette advertising
and consumption. British Joul7IQl of Addiction, 84, 1255-1261.
Boddewyn, J.J. (993) Cigarette advertising: Where should articles on the link between tobacco advertis-
ing and consumption be published? JOIlI7lQI of Adwrtising, 22(4), 105-107. '
Bottomley, Y. (993) Virginia Bottomley says ends. not means matter-in government response to health
._.. ",'ill reduce
adults is
: ardjng the
:nia, 421 US 809. 826,
)reme Court to begin
Hudson, 447 US 55i,
xample. in favour of
~rtisingj about specific
'xample, a 95 per cent
or that the inferences
er reliable, biased or
\1 analysis will alWIIYs
g to do wlth the true
C Advertising AssodItion 1994.
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330
INTERNATIONAL JOURNAL OF ADVERTISING. 1994. 13
select Committee Report. London: Department of Health, Press Release, 4 March.
Buttle, F. (991) What do people do with advertising? InttnUltionalJournal of Advmising, 10(2). 95-110.
Central Hudsmt Gis and Eltdric Corporatron l' Public Smlia Commission (1980).447, US 557.
Chapman. S. (1992) Changes in adult cigarette consumption per head in 128 countries, 1986-90. Tobtlcco
Control. 1,281-284.
Children's Research Unit (CRU) (1989) Juvenile Smoking Initilltion IInd Advmising (A 16-Country Study).
New York: International Advertising Association, March (}.J. Boddewyn. Editor). .
Collishaw, N .E. (1986) CommmtDry on Appliclltion of Physic/Qns for a Smolct-Free Canadl1 to Regulate Tobacco
Products Under tM HII%llTdous Products Act. Ottawa. Canada. 12 May.
Collishaw, N.E. (1992) Monitoring effectiveness of Canada's health-oriented tobacco policies. Geneva:
World Health Organization. 22 January.
Crabbe. B.D. &: Pinkerton. K.A. (19921 Source!- of bias in health commission and tobacco industrY
surveys in Australia. Australian Psychologist, 27(2). IP3-108. .
Department of Health, Economics and Operational Research Division (1992) E.ffect of Tobtlcco Advmising
on Tobtlcco Consumptum: A Discussion Document RevitlDing the E.videna (Smee Report). London:
October.
F.~C ~t!ti~ti("C International Ltd; Food. Drinks and Tobacco Division (991) The World Cigarette Marat;
The 1990 InttnUltional Survty Vol. 2. Western Europe. Newmarket, Suffolk. Norway section.
Fischer, P. (1989) Recall and eye tracking study of adolescents viewing tobacco advertising. Journal of the
Amman Medial Association, 261: 84-94.
Goddard, E. <1990> Why Children Stllrt Smoking. London: Office of Population Censuses and Surveys;
Social Surveys Division, HMSO.
G6testam. K.O. &: GOtestam. K.G. (19901 Smoking and attitudes toward smoking in Norway. TidssJcr Nor
lAegefortn, 17 (110), 2260-1; and subsequent correspondence with Dr Bjartveit in the same journal: 18
(10).2395-8; 19 ,1101. 2567; 20 (110). 2689-90 (including chart).
Gotestam, K.O. &: GOtestam. K.G. (1992) Changes in smoking legislation, attitudes and behavior.
Psychologial Reports, 70. 531-537.
Hagan. L.W. (1993) A review of 'Effect of Tobacco Advertising on Tobacco Consumption'. London:
Henley-Marketing Dynamics International, January.
Hara-EteIaharju. M. &: Rimpela, A. (1989) Young people and cigarette advertising; Study of young
P'!Ople's health habits. University of Helsinki. Department of Public Health Science, 1.
Hill, D.J. (199(1) Causes of smoking in children. The Global War; ProceedIngs of the Sevmth World Confrrmu
on Tobtlcco and Helllth. Perth, Western Australia. 205-209.
joos.C\I!!ls. L. et a/. (991) Test the East: The tobacco industry and Eastern Europe. World Smoking and
Haith. 16(1). i-l0.
Judgment of the Quebec Superior Court in RJR-MacDonald Inc. \. The Attorney General of Canada tt
111.(991) (Justice Jean-Jude Chabot>. Province of Quebec, District of Montreal. 26 July (translation).
l<aracglou, A. &: !\aett. C. (1991) l~ She' Still a Smoker' Report 911 Women and Tobacco. Brussels, Belgium:
Europear. Bureau for Action on Smoking Pre\'ention. September.
Klepp, K-I., Wold. B. &: Aare, L.E. (1991) Smoking and alcohol use among Norwegian school children:
Trends in the 19805. TidssJcr Nor lAcg~en. 23(111): 2859-2863.
Klepp, K-I., Tell, GS. &t Vellar, 0.0. (1993) Ten-year follow-up of the Oslo Youth Study Smoking
Pre\'ention Program. Pret'mtivc Medicine, 22, 453-462.
Klitzner. f.1., Gruenewald. P.J. &: Bamberger, E. (1991) Cigarette advertising and adolescent experimen-
tabcn with smoking. British Journal of Addiction, 86, 287-298.
Lannon, J. (1986) New techniques for understanding consumer reactions to advertising. Journal of
Adt>trtisil1g Rtsetlrch, 26(4), RC&-9.
Laugesen. M. &: Meads. C. (1991) Tobacco advertising restrictions. price, income and tobacco consump-
tion in UfCD countries. 1~1986. British journal of Addiction, 86.1343-1354.
Latlgesen, M. &: Meads. C. (1993) The authors reply to 'Tobacco Consumption and Advertising Restric-
tions: A Critiqu€' of Laugesen and Meads (1991)'.lnttnUltional journal of Advmising.12(1), 1:l-30.
L.ed....'ith. F. (1984) Does tobacco sports sponsorship on television act as advertising to children? Httllth
EdUCAtion Journal, 43(4), 85-88.
Lewit. E.M. (1988) Tobacco in developing countries. Cambridge, MA: Harvard Institute for the Study of
Smoking Beha\'ior and Policy, Discussion Paper Series, March.
C Advertising A.ssocYliorl 1994
--
CIGARETTE AD BAt\;
Luik, J.e. (993) Tobaec
Journal of Adt,trtlsilli',
McCarthy, W.]. &: Grit
Universitv of Califor
McDonald, e. (1993) Ci
tional journal of Advel
Martin, e.R. jr (1994) p,
of Advertismg, 23(1).
Merton, R.K (1957) SOt
Meyer, T.P. (1991) Vis\;
study of consumer po
ing. 1-8.
Mizerski. R. (1992) Tr,
children. T allahas5e<
Moschis, G.P. (1989) r
Research, 29(2)' Apri'
Munk, N. (1992) Smu1;
Murray, H. (1986) Ad\
tising, 5(1). 15-36.
Oakley. A.. Brannen..J.
Httl/th Promotion lilt,
O'Connell. D.L., Alexa
Cigarette smoking a
Journal of Epidmllolr
Paa\'ola. M.. Tikkaner
Finland. SlIomen Un
Pierce, J. (1989) Intern.
of PublIC Health, 79:
Poiesz, T.B. (1990) Ad\
Rabier.J-R. (1991) YOl
states of the Europo
LU%tIlIbourg. 363-38
Rakhonen. 0., Berg, M
British Journal of Ad,
Report of the Le'Kislatlo!:
November.
Research Bureau Ltd
This report .....as pre
Rimpela, A.H (1992)
1977-1989. Tobaccr
Rimpela, M.. Rimpeli
Adoles'tltt~' Health
Finland, May.
Rimpela, A.. Rimpela.
and Smoking 1973-
Publication 2.
Rimpela, M., Rimpeli
Products: Study of 1
Universities of Hei
Rimpela, M.K., Aare.
of smoking - expel
ment 49), 5-23.
Rogers, B., Myers. (
19~1984. Proceed
Canada.
C> Advertising ASSOCI"no'
~
r >
f
ATISING, 1994,13
-
CIGARETIE AD BANS AND SMOKING
331
--.
:-ch.
.. tisin ,10(2),95-110.
, 7.
90. Tobacco
A 16-Country Study).
:>r).
Id4 to Regulate Tobacco
Advertising Restric-
sing, 12(1), i5-S0.
g to children? Health
Luik, J.e. (1993) Tobacco advertising baIlS and the dark face of government paternalism. intmrational
Journal of Advmising, 12(4), 303-324. .
McCarthy, W.J. & Gritz, E.R. (1988) Teenagers' responses to cigarette advertising. Los Angeles, CA:
University of California at Los Angeles, Psychology Department, March.
McDonald, C. (1993) Children, smoking and advertising: What does the research really tell us? lntmra-
Iiontll JOIIT7Ul1 of Advmising. 12(3), 279-287.
Martin, C.R. jr (1994) Pollay's pertinent and impertinent opinions: 'Good' versus 'Bad' research. Journal
of Advtrtising. 23m, 117-122.
Merton, R.K. (1957) Social Theory and Social StTllcture. New York: Free Press.
Meyer, T.P. (1991) Visual images and product associatiollS in magazine ads for alcohol and tobacco: A
study of cOllSumer perceptiOIlS. Procetdings of the 1991 Conftrrnce of The American Aauinrry of Advertis-
in,~, 1-8.
~tizerski, R. (lq<}2) Trade character recognition and attitude toward the product by 3 to 6-year-oid
children. Tallahassee, FL: College of Business, Florida State University.
Moschis. C.P. (1989) Point of view: Cigarette advertising and young smokers. 10uT7Ul1 of AdvertISing
Research, 29(2), April-May, 51-60.
Munk. N. (1992) Smuggled smokes. Forbes, 7 December, pp. 47-48.
Murray, H. (1986) Advertising's effect on sales: Proven or just assumed? InttT7Ultiollal Journal ol.4Jt'cr-
tising, 5(1). 15-36.
Oakley. A., Brannen, J. & Dodd, K. (1992) Young people, gender and smoking in the United Kingdom.
Health Promotion lllttrnational, 7(2). 75-88.
O'Connell. D.L.. Alexander, H.~I., Dobson, A.J.. Uoyd, D.M., Hardes, G.R. & Springthorpe, H.J. (1981)
Cigarette smoking and drug use in schoolchildren, II: Factors associated with smoking. lntmratiollal
lournal of Epidemiology, 10(3), 223-231.
Paavola, M., Tikkanen, J.. Heloma. A. & Koskela. K. (1991> Research on attitudes toward smoking in
Finland. Suomell Liiiikiirilehti, 46: i21-n.~.
Pierce. J. (1989)lntemational comparisollS of trends in cigarette smoking prevalence. American JOlmlal
of Public H~lth. 79: 152-157.
Poiesz, T.B. (! 990) Advertising and smoking maintenance.lntmrationallournal of Advertising. 9(1), 3i -58.
Rabier, }-R. (1991) Young EuropeallS and tobacco: A sample survey of 11-15-year-olds in the member
states of the European Community. Procetdings of tht 44th ESOMAR l'v1ilrlceting Research Congress,
Lu%tmbollrg, 363-387.
Rakhonen, 0., Berg, M-A. & Puska, P. (1992) The development ofsmolcirig in Finland !Tom 1978 to 1990.
British 10uT7Ul1 ol Addiction, 87(1), 103-110.
Report of the Legislation Committee of Westtrn Australia (1990) Perth: Standing Committee on Legislation,
November.
Research Bureau Ltd (1987) Clzildmr and Adt'tl'tising; Report on a SUTt'tJI; Vol. 1. ,'v1iIin Report. London.
This report was prepared for the Advertising Association (UK).
Rimpela, A.H. (1992) Critical analysis of the Fmnish Tobacco Act: Implementation and legitimacy.
1977-1989. Tobacco Control, 1: 285-293.
RimpeIa, M., Rimpela, A., I<al'l;onen, 5.. Rahkonen, 0., Siivola, M. & Kontula, O. (1987) Changes III
Adoltscents' H~/th Habits 19i:'-1987: Prtlimintlry Report to tilt Nationtll Board of. Httllth. Helsinki,
Finland, Mav.
RimpeIa, A., Rhnpela. M., Hara-Etelaharju. M.. Pykiri. P., Siivola. M. & Karvonen, S. (1989) Young People
and Smoking 1973-1989. Helsinki: University of Helsinki, Department of Public Health Science.
Publication 2.
RimpeJa. M., Rimpela. A.H.. Pohjanpia, K. & Siivola. M. (1992) Protection of Adoltscrnts from Tobacco
Products; Study of Httllth Bthavior Among Adolescmts. Helsinki, Finland: National Health Institute.
Univer.lities of Helsinki and Turku.
Rimpela. M.I<., Aa.re. LE. & RimpeIa, A.H. (1993) The effects of tobacco sales promotion on initiation
of smoking - experiences from Fmland and Norway. Scandinavian lournal of Social Medicint (Supple-
ment 49), 5-23-
Rogers. B., Myers, G. & Col1ishaw, N. (1985) Trends in tobacco collSumption in seven countries
1950-1984. Procetdings of tilt 34th IntmratiOntlI Congress on Alcoholism and DTIlg Dtprndmce. Winnipeg,
Canada.
lCCO policies. Geneva:
md tobacco industry
of Tobacco Advmising
;ee Report). london:
'Iarld Cigarette Market:
Nay section.
!ertising. Journal of the
~uses and Surveys;
1 :--;orway. Tid,.;./(r No.
1 the same journal: 18
tudes and beha~'ior.
1Sumption'. London:
mg; Study of young
lence, l.
enth World Confrrmce
ASmoking and
.of Canada et
26 July (trallSlatloni.
0. Brussels, Belgium:
~n school children:
Juth Study Smoking
:olescent experimen-
ivertising. 10uT7Ul1 of
ld tobacco consump-
itute for the Study of
C Advertislftg Association 19'14.
f.
,. '''I .. ~
332
INTERNATIONAL JOURNAL OF ADVERTISING. 1994. 13
.
Smoking Prtt'mtion Eduartion Act: Hearings on H.R. 1824 ~or, th, Subcommittee on Health Ilnll the Environ-
ment of tIlL Houg Commitltt on Energy aM Commerct (1983) 98th Congress. 1st Session. Washington.
DC.
Statens TobakkskaderaA (1993) Up in Smokt? Who. Whot. How Much? A &port on lhe Use of TobczcCD in
Ncm.rxry 1992. Oslo. June.
Statistics Sweden (1993) TobacCD Consumption (in Denmarlc. Finland. Norway and Sweden) 1970-1992.
Stockholm: Statistilca Centralbyran. 22 December.
Stewart. M.J. (1992) Tobacco consumption and advertising restrictions: A critique of Laugesen and
Meads (1991). Inltm/ltiOPl/lllournal of Advertising, 1](2), 97-118.
Stewart, M.J. (1993) The effect on tobacco consumption of advertising bans in EOCD countries.lntmIQ-
tiorulllOllT7lllI of Advertising, U(2). 155-180.
Sullum. J. (1991\ Smoke and mirrc>rs. Rl'a;C'n. February C!3). 28-33.
Tobaccc Advertismg &1'/$ 11M COllsumptioll m 16 Cou'1tnts (]986) New York: International Advertising
Association (J.J. Boddewyn, Editor).
Tobacco Advertising Bans Work (1992) BASP (European Bureau for Action on Smoking Prevention)
Neu>slttler. 17 Oune). 11-12.
Tobacco Issues (1983) Cambridge. MA: Institute of Politics. Harvard University, 27 April (transcript).
Toxic Substances Board CTSB) (1989) Tobllcce. or HtIIlth: An End to Tobllceo Advertising IInti Promotion.
Wellington. New Zealand: May.
US Department of Health and Human Sel'\ices (1989) Reducillg the HtIIlth ConstquenctS of Smolcing: A
R.qxm of th, SurgtOJl Generlll. Washington. DC.
US Department of Health and Human Sel'\ices (1990) Smoki"g lI"d HtIIlth: A NlltioMI Stlltus R.qxm (2nd
edni; A &port to COllgrtSS. Washington. DC; February.
US Department o! Health and Human Senices (1994) PrtW"ting Tobllceo Ug Among Young People; A
Report of the SurgeoJ! Gmerlll. Washington, DC: February.
van Raaij, W.F. (1990l The effect o! marketing communication on the initiation of juvenile smoking.
Interntltiollllllountlll of Ad,'ertisillg, 9Cll, 15-36.
Vartiainen, E. (1991) Miksi tupakointi ei Vahene suomessa. Suomen Liiiikiirilehti, 26 (1993). 2439-2441.
Warburton. D.M., Revell. A.D. &: Thompson. D.H. (1991) Smokers o! the future. British Jountlll of
Addiction, 86: 621~.
Wamberg, K. (1975) Ban on advertising - what then? Procetdillg$ on the 3rd World COllference OJ! Smoking
IInd Helllth, Vol. n. Washington. DC: US Department of Health, Education and Welfare.
\'\'amer, KE. and collC!fgtle5 (1992) Report of the tobacco policy research study group on tobacco
marketing and promo lion. Tobllceo Control. 1. Supplement, 519-523.
\\'aterson, K.J. (l990l Ad\,ertising and tobacco consumption. lnterntltionlll lounuzl of Advertising, 9Cll.
54-72.
.
C Advert1Sing Associallon l~,
f-
InterntltiOJlII11Clllrnal 1"
Cigaret
Consun
1988-
Gary B. Wi]
aUniversitv of ~
b$onyon Comrr
This article examil
ditures on cigarc!
monthly data in a :
to consumption. j
issues related to tc
II\lRODUCTIC
World health ex:
efforts by Amen(
of cigarettes and '
Asian countries.
tising on cigarett
European Comm
fonns of cigarett
One of the mo
sidered by the r
have been banne
1991, the most re
tising including 1:
that tobacco ad\'!
age smoking.
The Hong Kon
committee to cha
against the ban, a
They also point (
jobs in the ad\'er
United States (
other intemation
kets since the 19:
C Ad,'errising AuooanOI
and :!3~ Main 51TH:. :>'lA
I.
.
.
L
...
- .~
HELP PROTECT OUR CHILDREN FROM TOBACCO!
W1zereas tobacco products are a major cause of cancer, hean disease, chronic bronchitis,
emphysema, stroke and other ailments resulting in approximately 420,000 deaths each year;
W1zereas tobacco use is this nation's Number One cause of preventable death;
W1zereas over 3000 children try tobacco for the first time each and every day, and as many as
25 % of these new users are predicted to die of tobacco-related diseases,'
W1zereas tobacco products and the nicotine they contain are highly addictive;
W1zereas the tobacco industry has acted irresponsibly toward the public's health by withholding
critical information about its products and by spending over $5 billion each year on advertising
and promotion to entice children to smoke:
W1zereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes. '
Whereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
the attached ordinance which will help protect our children from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting point-of-purchase advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
4::O4~
, ,
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
ORDINANCE #
SALE OF TOBACCO
-----Purpose and Findings.
This ordinance is based on the following information:
substantial scientific evidence supports the fact that the use of tobacco-related products causes
cancer, heart disease and various other medical disorders;
the purchase and/or possession and/or use of tobacco products by persons under the age of 18
in the State of Minnesota is illegal;
in the United States Surgeon General's 1994 report, it states that the earlier young people begin
using tobacco products, the more likely they are to use such products as adults;
in the United States Surgeon General's 1994 report, it states that tobacco products are often
"gateway" drugs; that is, the use of tobacco products often precedes the use of other illegal
drugs;
in the United States Surgeon General's 1994 report, it states that advertising of tobacco products
appears to increase the risk of tobacco product use by persons under the age of 18;
it is in our community's best interest to reduce the likelihood of the illegal use of tobacCo
products by persons under the age of 18 years;
a stricter licensing and monitoring system (through compliance checks) will very likely reduce
youth access and use of tobacco;
the prohibition of the sale or dispensing of tobacco-related products through self-service
merchandising, including vending machines, will promote the health, safety and welfare of the
residents of the City, particularly those residents under eighteen (18) years of age.
restricting point-of-sale advertising at retail outlets will decrease the risks posed by tobacco
products to persons under that age of 18;
it is the duty of the City Council to take reasonable steps to protect the well-being of persons
under the age of 18.
1
....
...
.
.
.
.
~
, -
Name/Title/Agency/ Address/Phone
. (}~sk /11
~'A'u'~+:J~J
"}j _ of- ,',I'V Y
r I . I .~. /;./ltI .' -",s
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n
.
.
.
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Whereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes; and
Whereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth; and
Whereas selling tobacco products to persons under the age of 18 years is unlawful,' and
Whereas based on. the U.S. Surgeon General's 1994 Report, most persons under the age 0118
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts,' and
Whereas based on the U.S. Surgeon General's 1994 Report, tobacco products are often gateway
drugs, that is, the use of tobacco products often precedes the use of other illegal drugs,' and
Whereas tobacco products are the most heavi~y advertised product in the United States,' and
Whereas there is convincing evidence that tobacco advertising plays a significaru role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
NAME / ADDRESS / PHONE
Please return by March 31 to SuzAnn Stenso-Velo. Washington County Department of Hea1th,
14900 North 61st Street, Stillwater, MN 55082. Call 430-6695 with questions. 9icbclmunvlItJ\1Dpdi1ll.19S
o
.--,
I
~
TO BllCCO
\7 0 0 <1
.
o
a
A coalition of Minnesota ASSIST - a shared project between tM .
Millnesota Depanment of Health and tM American Cancer Society,
Minnesota Division and the communities of Minnesota, funded
by the Nariofl41 Cancer Institute.
<1 FU1UR~o
TOBACCO COMPANIES WANT nn.I!
The tobacco industry is the largest advertiser in the world. They spend $5
billion dollars per year, or about $8000 per minute pushing to~acco.
Tob~cco companies mustt'ecruit 5000 new smokers each day to replace
smokers who quit or die. . .' ' >-,
Illegal sales,of tobacco to youth earns tobacco companies over $i billion each
year. .!
'.
~
Youth who smoke are 15 times more likely than nonsmokers to go on tojIse.
ot~er drugs. >
.
Tobacco is the leading cause of preventable death killing nearly 500,000 people
per year.
YOU CAN HELP BY DOING THESE THINGS!
Sign the petition to improve Stillwater's tobacco ordinance.
Bring your parents to the Stillwater City Council meeting on April 4 and 18 at
7:00 p.m., when the new Stillwater tobacco ordinance will be presented.
Encourage your youth group (Scovts, Campfire, 4-H, etc.) to do a tobacco
control project.
Speak out against tobacco adverti5ing that you see In stores, magazines,
movies, on billboards, clothin~, etc.
-
For ideas on how you or your youth group can get more involved, call SuzAnn
at 430-6695.
\VASHlNGTON COlJ~lY DEPARThIENT OF HEALTH
.
Cl"-,,__/'...........
'-.:::,
wcbclm '.snv', uTuaarc'IIIocIcaiD.39S
For mort' ill!lm"<I/I"" Llb(/1l1 Tubdccn Fru FUlun call 430-6655.
Ifnl/l "t'~J LlH/Jltlna Jut' TO dis<lh,lir.. or lun~/j<lllt' harrier. please call 430-66?5 / TDD 439-32201.
- - ... .-..
.-
.
STaLWATER NEEDS A NEW TOBACCO ORDINANCE!
Whereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes; and
Whereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth,. and
Whe"as selling tobacco products to persons under the age of 18 years is unlawful,. and
Whereas based on the U.S. Surgeon General's 1994 Report, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts,. and
Whereas based on the U. S. Surgeon General's 1994 Report, tobacco products are often gateway
drugs, thaI is, the use of tobacco products often precedes the use of other illegal drugs,' and
Whereas tobacco products are the most heavily advertised product in the United States; and
Whereas there is convincing evidence that tobacco advertising plays a signijicanl rok in
stimulating illegal consumption of tobacco products by persons under the age of 18.
16
g
ldk
))
,2-
1~2
IJ
(~
(.
,
l2. 6 J .n"1 -L l(l~ C{ \.) l q (
IOY2..~~ '
Please return by March 31 to SuzAnn Stenso-Velo. Washington County Department of Health.
. 14900 North 61st Street, Stillwater, MN 55082. Call 430-6695 with questions. ..cbclm"nv~.1115
\\ ~nG.('\~ WCl~~e. \\ 14 ~( 5 bn eti \(
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
NA ADDRESS I PHONE
A/'3 tx
.
/1
~
TO BllCf: 0
t> 0 0<:]
.
o
a
A coalition of Minnesota ASSIST - a shared project between the e
Millnesota Department of Health and the American Cancer Society,
MiMesota Division and the communities of Minnesota. funded
by the National Cancer Institute.
<:]FU1UR~0
TOBACCO COMPANIES WANT XQlI!
The tobacco industry is the largest advertiser in the world. They spend $S
billion dollars per year, or about $8000 per minute pushing to~acco.
Tob~cco companies must recruit 5000 new smokers each day to replace.
smokers who quit or die. .c . ...
Illegal sales of tobacco to youth earns tobacco companies over $i billion each
~~. ~
~
Youth who smoke are 15 times more likely than nonsmokers to go on to :USe.
ot~er drugs. .
e
Tobacco is the leading cause of preventable death killing nearly 500,000 people
per year.
YOU CAN HELP BY DOING THESE THINGS!
Sign the petition to improve Stillwater's tobacco ordinance.
Bring your parents to the Stillwater City Council meeting on April 4 and 18 at
7:00 p.m., when the new Stillwater tobacco ordinance will be presented.
Encourage your youth group (Scouts, Campfire, 4-H, etc.) to do a tobacco
control project.
Speak out against tobacco advertising that you see 10 stores, magaz1Oes,
movies, on billboards, clothin!!, ete.
-
For ideas on how you or your youth group can get more involved, call SuzAnn
at 430-6695.
\VASHINGTON COUl'iY DEPARThIEl'41 OF HEALTII
el
....cbclm '.snv".UNlIIn:'1Jloclcmll.395
For ",ort' iIlJi,rm<llil'1I <10011I Tuotln'o F"te Futurt call 430.6655.
IfwlIllt't'J IISS/.Htlna Jut' '0 dis<lhrlin' Or lan~lIalle h/lrrier. please call 430.6655 I TDD 439.32201-
r;" ," " r;",.,~, I ,,, ." ' ("I ~,", """..;,.., _I.' ,:'Ji.."."I' i I ., .: "" ,.; "I ~,
.
.
.
.-
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Whereas among Stillwater Area High School senion, 27% (23% of boys, 31 % of girls) regularly
use cigarenes; and
Whereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth; and
Whereas selling tobacco products to persons under the age of 18 years is unlawful; and
Whereas based on the U.S. Surgeon General's 1994 Repon, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts,' and
Whereas based on the U. S. Surgeon General's 1994 Report, tobacco products are often gateway
drugs, that is. the use of tobacco products often precedes the use of other illegal drugs,' and
Whereas tobacco products are the most heavily advenised prod~t in the United States; and
Whereas there is convincing evidence that tobacco advenising plays a signijicanl rok in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
NAME I ADDRESS I PHONE
~C~JIJ.I) (PI! ~lI.$a1. i-j.39-{)t!73 ~1Jf1'
I' "~,,,
:), .
s \ ,{ '/CO)
CIClyrs)
,,,,/
I?'
~
--"
TO BtlCf=O
\? c <1
.
c
a
A coalition of Minnesota ASSIST - a shared project between tM .
Minnesota Department of Health and the American Cancer Society,
Minnesota Division and the communities of Minnesota. funded
by the NatiofUll Cancer Institute.
<1 FU,UR~a
TOBACCO COMPANIES WANT nnl!
The tobacco industry is the largest advertiser in the world. They spend $S
billion dollars per year, or about $8000 per minute pushing to~acco.
Tob~cco companies must recruit 5000 new smokers each day to replace
smokers who quit or die. .' , .'~
Illegal sales of tobacco to youth earns tobacco companies over $i billion eacb
year. ;
~
'I'
Youth who smoke are 15 times more likely than nonsmokers 'to go on to jIse
ot~er drugs. .
.
Tobacco is the leading cause of preventable death killing nearly 500,000 people
per year.
YOU CAN HELP BY DOING THESE THINGS!
Sign the petition to improve Stillwater's tobacco ordinance.
Bring your parents to the Stillwater City Council meeting on April 4 and 18 at
7:00 p.m., when the new Stillwater tobacco ordinance will be presented.
Encourage your youth group (Scouts, Campfire, 4-H, etc.) to do a tobacco
control project.
Speak out against tobacco advertising that you see In stores, magazmes,
movies, on billboards, clothing, etc.
For ideas on how you or your youth group can get more involved, call SuzAnn
at 430-6695.
\VASHJNGTON COu~lY DEPARThIE~l OF HEALm
.
....ellelm '.smr\ul'uairc'l/loclcmll.J9S
For mort' inj;Jr/'hm"" aholll Tvhaccll F.'l!1! FUlur~ call 430-6655.
If'o/lIlt't'J 'lS.wwna Jut' '0 dl.lllh,lin' or lan~/ltll(t' h(/rri~r. p/~as~ call 430-6655 I TDD .139-32201.
C'".",,' ~""t~lr, ,." ('I'I"I~""'''~I,~,i~.(J F'ri...~"r"r';"" J,"',';rl~'
.
.
.
.-
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Whereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes; and
Whereas in a compliance check done in the Stillwater area~ 60% of the stores tested sold
tobacco to underage youth,. and
Mereas selling tobacco productS to persons under the age of 18 years is unlawful,' and
Mereas based on the U.S. Surgeon General's 1994 Report, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts; and
Mereas based on the U. S. Surgeon General's 1994 Report, tobacco products are often gateway
drugs, that is, the use of tobacco products often precedes the use of other illegal drugs,' and
Whereas tobacco products are the most heavily advertised product in the United States,' and
Whereas there is convincing evidence that tobacco advertising plays a significant role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
N ME / ADDRESS I PHONE '0-~
I~017 :.th r: M N 65)8;)..~ YJ
/LID) / J/Y _
"Z:.J .~
~<..M6f") f!,~ G' -)'/; )/rJ)o,h~(rt.nl S)t)~, (bfdo) 43'C:F!)01
Please return by March 31 to SuzAnn Stenso-Velo. Washington County Department of Health,
14900 North 61st Street, Stillwater, MN 55082. Call 430-6695 with questions. "cbclm"nvlltl\lDpdilll.I~S
'0
{.
~
JQBUC~!?
.
c
A coalition of Minnesota ASSIST - a shared project between the .
Minnesota Department of Health and the American Cancer Society,
Minnesota Division and the communities of Minnesota. funded
by the National Cancer Institute.
<J FU"UR~o
TOBACCO COMPANIES WANT nm!
The tobacco industry is the largest advertiser in the world. They spend $5
billion dollars per year, or about $8000 per minute pushing to~acco.
Tob~cco companies must recruit 5000 new smokers each day to replace
, -?"!.-
smokers who quit or die. "
Illegal sales of tobacco to youth earns tobacco companies over $i billion each
year. i
r<
"I
"
Youth who smoke are 15 times more likely than nonsmokers to go on toilse
ot~er drugs. .
Tobacco is the leading cause of preventable death killing nearly 500,000 people
per year.
..
YOU CAN HELP BY DOING THESE THINGS!
Sign the petition to improve Stillwater's tobacco ordinance.
Bring your parents to the Stillwater City Council meeting on April 4 and 18 at
7:00 p.m., when the new Stillwater tobacco ordinance will be presented.
Encourage your youth group (Scouts, Campfire, 4-H, etc.) to do a tobacco
control project.
Speak out against tobacco advertising that you see m stores, magazmes, .
movies, on billboards, clothing, etc.
For ideas on how you or your youth group can get more involved, call SuzAnn
at 430-6695.
\VASIDNGTON COU~,.y DEPARThIE~" OF HEALm
.
....cbc:1m ,snv\UNtun: 'lIIoclcmD.395
For mort' ill!t>rlJltltiOll abollt Tobacco Fru Future ca//430-6655.
Ifnlllllt'I'J assisltlna Jut' 10 di~ability or langllagt' barrier. pleaS/! ca//430-6655 (TDD 439-32201.
E'IIWI Emf'lonJlI'n1 Of'f'orl/mir..l.-\ffimrati,.e Action
i.
.
.
.-
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Whereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes; and
Whereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth; and
Whereas selling tobacco products to persons under the age of 18 years is unlawful; and
Whereas based on the U.S. Surgeon General's 1994 Repon, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts; and
Whereas based on the U. S. Surgeon General's 1994 Repon, tobacco products are often gateway
drugs, thal is, the use of tobacco products often precedes the use of other illegal drugs; and
Whereas tobacco products are the most heavily odvenised product in the United Stales; and
Whereas there is convincing evidence that tobacco advertising plays a signijfcQIU role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
~stablishing a graduated penalty system for vendors who violate the ordinance.
N I ADDRESS I PHONE
~ 0 ('
~ L':
'--I
"Q I
lQj
\V\.~\\S~
Please return by March 31 to SuzAnn Stenso-Velo, Washington County Department of Health,
14900 North 61st Street, Stillwater, MN 55082. Call 430-6695 with questions. wcbdm~nv\dJ\l.opccitll.l~S
t
.-J'
TOBllC~O
\;> 0 o~
.
o
c
A coalition of Minnesota ASSIST - a shared project between tM .
Millnesota Department of Health and tM American Cancer Society,
Minnesota Division and the communities of Minnesota. funded
by the National Cancer Institute.
~ FUfURZ'o
TOBACCO COMPANIES WANT TIll1!
The tobacco industry is the largest advertiser in the world. They spend $S
billion dollars per year, or about $8000 per minute pushing to~acco.
Tob~cco companies must recruit 5000 new smokers each. day to replace
smokers who quit or die. > .1.
Illegal sales of tobacco to youth earns tobacco companies over $i billion each
year. }
'1
.'
Youth who smoke are 15 times more likely than nonsmokers to go on to jJse.
ot~er drugs. .
Tobacco is the leading cause of preventable death killing nearly 500,000 people
per year.
.
YOU CAN HELP BY DOING THESE THINGS!
Sign the petition to improve Stillwater's tobacco ordinance.
Bring your parents to the Stillwater City Council meeting on April 4 and 18 at
7:00 p.m., when the new Stillwater tobacco ordinance will be presented.
Encourage your youth group (Scouts, Campfire, 4-H, etc.) to do a tobacco
control project.
Speak out against tobacco advertising that you see In stores, magazmes,
movies, on billboards, clothing, etc.
For ideas on how you or your youth group can get more involved, call SuzAnn
at 430-6695.
\VASHrnGTON COlJ1\lY DEPARThIE~l OF HEALTH
.
IIIcbcbll '.snv',u'fullll1: 'lI\oclmlD.J95
For mort' i/ljlmll<lll/>II <lbOIll Tvbtlccn Free Futu~ call 430.6655.
[fwlt /ll'l'd ass/,Wmel:' Jul' TO dlSahllity or lan~It<l~1' harrier. please call 430-6655 (TDD ~39.32201.
.... .. .,. , ... f I ~~ .,,, "",';,. I . '.. ,,:~,.
.
.
.
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Whereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes; and
Whereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth; and
Whereas selling tobacco products to persons under the age of 18 years is unlawful,. and
Whereas based on the u.S. Surgeon General's 1994 Repon, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts,. and
Whereas based on the U. S. Surgeon General's 1994 Repon, tobacco products are often gateway
drugs, that is, the use of tobacco products often precedes the use of other illegal drugs; and ~
Whereas tobacco products are the most heavily advenised product in the United States; and
Whereas there is convincing evidence that tobacco advenising plays a significant role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed._
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
NAME I ADDRESS I PHONE
~ra
~ eKa ,-he I;
Dr.
Please return by March 31 to SuzAnn Stenso-Velo, Washington County Department of Health,
14900 North 61st Street, Stillwater, MN 55082. Call 430-6695 with questions. wcheJm\snv\tffitQpdim.195
rt
.
.
.
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Whereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes,' and
Whereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth; and
Whereas selling tobacco products to persons under the age of 18 years is unlawful,' and
Whereas based on the U.S. Surgeon General's 1994 Repon, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts; and
Whereas based on the U. S. Surgeon General's 1994 Repon, tobacco products are often gateway
drugs, that is, the use of tobacco products often precedes the use of other illegal drugs; and
Whereas tobacco products are the most heavily advenised product in the United States; and
Whereas there is convincing evidence that tobacco advenising plays a significant role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
NAME / ADDRESS / PHONE
~
,
Please return by March 31 to SuzAnn Stenso-Velo, Washington County Department of Health,
14900 North 61st Street, Stillwater, MN 55082. Call 430-6695 with questions. wcbdm\lnv\lft\lopdilD.19S
(;
.
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.
.
.
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Whereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes; and
Whereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth; and
Whereas selling tobacco products to persons under the age of 18 years is unlawful; and
Whereas based on the U.S. Surgeon General's 1994 Report, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts,' and
Whereas based on the U. S. Surgeon General's 1994 Report, tobacco products are often gateway
drugs, that is, the use of tobacco products often precedes the use of other illegal drugs; and
Whereas tobacco products are the most heavily advertised product in the United States; and
Whereas there is convincing evidence that tobacco advertising plays a significant role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help' protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
NAMl; / ORGANIZATION / ADDRESS / PHONE
, 11/6 "~> 0 '" (,} 'i 3:J -C;"h5
~>( ~~ V1/IWJkr (d;;:;-'I36-(o7 JI)
U s~03 54~w 'b/2 '30-673-:::<
;Z"N Lu~U//c-r- / I /, / , <.I3d - 1,6 6"
AI.::tfe. Arf1.. 1/o-r. /;;'12- t./nsCJY\ C,',/'Cle . .fhi/w~-\f..e.t' MAJ S-S-Og2.. / Lj..3o-:J1/6
, "
017-1\ sc)1oef~ .2 0'1 13. fY\p...S~ Sf. S+1 Jt"'JA.-kr fv'\tJ 55'og-z... '130 -(Q 711..[
!1n(l<!- ~(elll..)d'l.fYliDr :''flt VV,0~{D-I,,^-t7(!../ ...sh)/t..J~ (YI,...) ))Off'&- Y9D-ocT)
Please return by March 31 to SuzAnn Stenso-Velo, Washington County Department of Health,
14900 North 61st Street, Stillwater, MN 55082. Call 430-6695 with questions. wcbclm\snv\tff\tcpetilD.195
'7
.
.
.
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Mereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes; and
Mereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth; and
Mereas selling tobacco products to persons under the age of 18 years is unlawfUl,' and
Mereas based on the U.S. Surgeon General's 1994 Repon, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts; and .
Mereas based on the U.S. Surgeon General's 1994 Repon, tobacco products are often gateway
drugs, that is, the use of tobacco products often precedes the use of other illegal drugs; and
Mereas tobacco products are the most heavily advenised product in the United States,' and
Mereas there is convincing evidence that tobacco advenising plays a significant role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
'() (/ /
.~
Please return by March 31 to SuzAnn Stenso-Velo, Washington County Department of Health,
14900 North 61st Street, Stillwater, MN 55082. Call430-6695 with questions. ...cbclmunvlltf\lDpCliID.19S
" I
.- ~BrfilOW Oa
.
.
.
rLB~G
:S/C9M ~
filurA -Iv
f4 (~PA.-;
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Whereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes; and
Whereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth; and
Whereas selling tobacco products to persons under the age of 18 years is unlawful; and
Whereas based on the U.S. Surgeon General's 1994 Repon, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts,' and
Whereas based on the U. S. Surgeon General's 1994 Repon, tobacco products are often gateway
drugs, that is, the use of tobacco products often precedes the use of other illegal drugs; and
Whereas tobacco products are the most heavily advenised product in the United States; and
Whereas there is convii'!cing evidence that tobacco advenising plays a significant role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
~~ME / ORGf\.NIZA TION / ADDRESS / PHONE -
fJ:tAIJ!Uv ~ruv- ~1fA (!j, ~/; /1/1ftl No, ~Of"'-Sf., ~M tui&- tfJo-r{<g{)
~ ~ d:."T~" n,L ~ to ,. ~.' ,. .,t..:i:T'9.;sQ~
~ ~ ~~ '" /< 'I ,/30-?::>o"d-
T<Dvb ~~ ClrYlIvrVvht;jkLUt. JcilfYIi....t. (!1JJt.L i".f H o43d -' 92/)<.
Please return b~arch Wto SuzAnn Stenso-Velo, Washington County Department of Health,
14900 North 61st Street, Stillwater, MN 55082. Call 430-6695 with questions. wchclrn\srsv\tft\topetiln.195
~.
.
.
"
.
,-,' '",.
-"
,'> p~'
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Whereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes; and
Whereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth; and
Whereas selling tobacco products to persons under the age of 18 years is unlawful,. and
Whereas based on the u.S. Surgeon General's 1994 Repon, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts; and
Whereas based on the U.S. Surgeon General's 1994 Repon, tobacco products are often gateway
drugs, that is, the use of tobacco products often precedes the use of other illegal drugs; and
Whereas tobacco products are the most heavily advenised product in the United States; and
Whereas there is convincing evidence that tobacco advenising plays a significant role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
NAME I ORGANIZATION I ADDRESS I PHONE
c_ E I
LJ,Pt"
.~
-5
~v=b- mrJ 550
~r~ sSZJf;;)-
~~ I;;D~!'J.:2,^,- 5hl/~A.VnJ $-S-4:r2-
~. '. ~ If I rIi:>.r~ Kef Cb-1hr~f#A.Jt;';-c/(' '.J
~~ &.("W~ j.J.u~1 w:z.- 5L/o/'- (!J:kfJ~
Please return by March 31 to SuzAnn Stenso-Velo, Washington County Department of Health,
14900 North 61st Street, Stillwater, MN 55082. Call 430-6695 with questions. wcbelm\srsv\ttl\topetiln.19S
\ \
..
.
.
.
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Whereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes; and
Whereas in ,a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth; and
Whereas selling tobacco products to persons under the age of 18 years is unlawful,. and
Whereas based on the U.S. Surgeon General's 1994 Repon, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts; and
Whereas based on the U. S. Surgeon General's 1994 Repon, tobacco products are often gateway
drugs, that is, the use of tobacco products often precedes the use of other illegal drugs; and
Whereas tobacco products are the most heavily advenised product in the United States,. and
Whereas there is convincing evidence that tobacco advenising plays a significant role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
NAME I ORGANIZATION I ADDRESS I PHONE
~ -tLb J' ~ ~ Li L ~ --dJ --tP -P sr'..L/ ...:;2/'/;(./
~
Please return by March 31 to SuzAnn Stenso-Velo, Washington County Department of Health,
14900 North 61st Street, Stillwater, MN 55082. Call 430-6695 with questions. wcbelm\snv\tff\lcpCliln.195
\ \
.
.
.
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Whereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes; and
Whereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth; and
Whereas selling tobacco products to persons under the age of 18 years is unlawful,' and
"Whereas based on the U.S. Surgeon General's 1994 Repon, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts; and
Whereas based on the U. S. Surgeon General's 1994 Repon, tobacco products are often gateway
drugs, that is, the use of tobacco products often precedes the use of other illegal drugs; and
Whereas tobacco products are the most heavily advenised product in the United States,' and
Whereas there is convincing evidence that tobacco advenising plays a significant role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
NAME / ORGANIZA nON / ADDRESS / PHONE
Ie /)Y1M < L~g H{.l.1-. ? ~tJ t i\{J -r Mfe:1!.IIL 2/ S- .v l/ t1I s.t.,j-- L/?'i d (Je/I
't 0 ~ ~. ~ 4.
~ rt-.
Please return by March 31 to SuzAnn Stenso-Velo, Washington County Department of Health.
14900 North 61st Street, Stillwater, MN 55082. Call 430-6695 with questions. wchelm\snv\tft\topetim.19S
t
.
.
I.
I
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Whereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes; and
Whereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth,. and
Whereas selling tobacco products to persons under the age of 18 years is unlawful,. and
Whereas based on the U.S. Surgeon General's 1994 Report, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts,. and
Whereas based on the U.S. Surgeon General's 1994 Report, tobacco products are often gateway
drugs, that is, the use of tobacco products often precedes the use of other illegal drugs; and
Whereas tobacco products are the most heavily advertised product in the United States; and
Whereas there is convincing evidence that tobacco advertising plays a significant role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
NAME I ADDRESS / PHONE
!1fIV
Please return by March 31 to SuzAnn Stenso-Velo, Washington County Department of Health,
14900 North 61st Street, Stillwater, MN 55082. Call430-6695 with questions. wchelm\Jnv\lff\lDpelilD.195
'I
.
.
I.
I
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Mzereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes; and
Mzereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth; and
Mzereas selling tobacco products to persons under the age of 18 years is unlawful,. and
Mzereas based on the u.S. Surgeon General's 1994 Repon, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts,. and
Mzereas based on the U. S. Surgeon General's 1994 Repon, tobacco products are often gateway
drugs, that is, the use of tobacco products often precedes the use of other illegal drugs,. and
Mzereas tobacco products are the most heavily advertised product in the United States,. and
Mzereas there is convincing evidence that tobacco advertising plays a significant role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
NAME I ADDRESS I P ONE
I .
"
Please return by March 31 to SuzAnn Stense-Velo, Washington County Depanment of Health,
14900 North 61st Street, Stillwater, MN 55082. Call 430-6695 with questions. "ltcbdm\snv\tft\lqlailD.19S
f!
I
.
.
I-
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Whereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes; and
Whereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth; and
Whereas selling tobacco products to persons under the age of 18 years is unlawful; and
Whereas based on the U.S. Surgeon General's 1994 Repon, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts; and
Whereas based on the U. S. Surgeon General's 1994 Repon, tobacco products are often gateway
drugs, that is, the use of tobacco products often precedes the use of other illegal drugs,' and
Whereas tobacco products are the most heavily advenised product in the United States,' and
Whereas there is convincing evidence that tobacco advenising plays a significant role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
NAME . ~ I ADDRESS I PHONE ~
iM<j;b , 7 ~--tit ~,~
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t~~'il ~M-r-"" cl So:;" f&'+/"~. t\A. \...
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5'0 (p 0 S t:\. (\-\ <:....a. A ve... , . '-~ \C:.€. E '13 &'-Sol.,y
M N. 55'o'-fd )
Please return by March 31 to SuzAnn Stenso-Velo, Washington County Department of Health, '?~1""D&'{
14900 North 61st Street, Stillwater, MN 55082. Call 430-6695 with questions. wchelmunv\lff\lDpclilD.19S
~{~A ~'<~
~~. l~ h'Y'\
>h 4 ~ '1 M..a..do do ~
rEr [C/o... 0'0 hV"l ')a t'\
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I I
I l
.
.
i.
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Mzereas among Stillwaler Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes; and
Mzereas in a compliance check done in the Stillwaler area, 60% of the stores tested sold
tobacco to underage yowh; and
Whereas selling tobacco products to persons under the age of 18 years is unllll1!fid; and
Whereas based on the u.S. Surgeon General's 1994 Repon, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts,. and
Mzereas based on the U. S. Surgeon General's 1994 Repon, tobacco products are often gateway
drugs, thai is, the use of tobacco products often precedes the use of other illegal drugs; and
Whereas tobacco products are the most heavily advenised product in the United States,. and
Whereas there is convincing evidence that tobacco advenising plays a significant role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Please return by March 31 to SuzAnn Stenso-Velo. Washington County Department of Health,
14900 North 61st Street, Stillwater, MN 55082. Call430-6695 with questions. "'cheIm~nv\ltl\lapaila.19.s
Q
I
.
.
.
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Whereas among Stillwarer Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes; and
Whereas in a compliance check done in the Stillwarer area, 60% of the stores tested sold
tobacco to underage youth,' and
Whereas selling tobacco products to persons under the age of 18 years is unlawful,' and
Whereas based on the U.S. Surgeon General's 1994 Repon, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts; and
Whereas based on the U. S. Surgeon General's 1994 Repon, tobacco products are often gareway
drugs, that is, the use of tobacco products often precedes the use of other illegal drugs,' and
Whereas tobacco products are the most heavily advenised product in the United States,' and
Whereas there is convincing evidence that tobacco advenising plays a significant role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which wilJ help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
NAME / ADDRESS / PHONE
L.-aur~ S~&O ~ # \\), ~~LlLcoJeY: M 6<S~~~
t8 I' . "7 Q; S '(2), .~
7~ ~T , d7~ ~A
It) ,0 A.j, .J1-v1..J 5 <;or~ ~
I 9P
~
Please return by March 31 to SuzAnn Stenso-Velo. Washington County Department of Health,
14900 North 61st Street, Stillwater. MN 55082. Call 430-6695 with questions. wcbelm-"nv\tffilopdilD.195
1\
\ \
.
.
.
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
Whereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarelles; and
Whereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth; and
Whereas selling tobacco products to persons under the age of 18 years is unltniful,. and
Whereas based on the U.S. Surgeon General's 1994 Repon, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts; and
Whereas based on the U. S. Surgeon General's 1994 Repon, tobacco products are often gateway
drugs, that is, the use of tobacco products often precedes the use of other illegal drugs,. and
Whereas tobacco products are the most heavily advenised product in the United States,. and
Whereas there is convincing evidence that tobacco advenising plays a significant role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
N I ADDRESS I PHONE
, 43Ci-30
~<:)
Please return by March 31 to SuzAnn Stenso-Velo, Washington County Department of Health,
14900 North 61st Street, Stillwater, MN 55082. Call 43D-6695 with questions. "'cbelm~nv\Ift\IapccitD.19S
.
.
I
.
STILLWATER NEEDS A NEW TOBACCO ORDINANCE!
lWzereas among Stillwater Area High School seniors, 27% (23% of boys, 31 % of girls) regularly
use cigarettes,' and
Whereas in a compliance check done in the Stillwater area, 60% of the stores tested sold
tobacco to underage youth; and
Whereas selling tobacco products to persons under the age of 18 years is unlawful,' and
Whereas based on the U.S. Surgeon General's 1994 Repon, most persons under the age of 18
who use tobacco products are addicted to nicotine and are thus somewhat compelled to commit
illegal acts,' and
Whereas based on the U. S. Surgeon General's 1994 Repon, tobacco products are often gateway
drugs, that is, the use of tobacco products often precedes the use of other illegal drugs,' and
Whereas tobacco products are the most heavily advenised product in the United States; and
Whereas there is convincing evidence that tobacco advertising plays a significant role in
stimulating illegal consumption of tobacco products by persons under the age of 18.
Be it resolved that we the undersigned individuals call on the Stillwater City Council to pass
a city ordinance which will help protect our youth from tobacco by:
Requiring all tobacco vendors to be licensed.
Increasing license fees for tobacco vendors to cover the costs of licensing and inspection.
Requiring periodic compliance checks to enforce the ordinance.
Restricting tobacco advertising which attracts young people.
Prohibiting the sale of tobacco products through self-service merchandising, including vending.
Establishing a graduated penalty system for vendors who violate the ordinance.
NAME I ADDRESS I PHONE
U6
S
Please return by March 31 to SuzAnn Stenso-Velo, Washington County Department of Health,
14900 North 61st Street, Stillwater, MN 55082. Call430-6695 with questions. wcbe1m\snv\lft\IDpcliID.19S
e
e
Second Draft
June 1, 1995
DEVELOPMENT CONTRACT
RELATING TO THE
PLAT OF AUTUMN WOOD
BETWEEN THE
CITY OF STILLWATER, WASIDNGTON COUNTY, MINNESOTA
AND
JOHN E. ROETTGER
This agreement was drafted by:
David T. Magnuson, #66400
Magnuson Law Firm
333 North Main Street, #202
P.O. Box 438
Stillwater, MN 55082
DEVEWPMENT CONTRACT
TIllS AGREEMENT, made this _ day of , 1995, between the City of Stillwater, a
political subdivision of the State of Minnesota, (hereinafter called the "City"), and John E. Roettger, a
single person, (hereinafter called the "Developer");
--
WITNESSETII mAT, the parties hereto recite and agree as follows:
Section 1. Recitals.
1.01. The Property. The Developer is the owner of the Property described in the proposed plat
of Autumn Wood Addition to the City.
1.02. Subdivision. The Developer has made application to the City under the City zoning
ordinance and its subdivision ordinance to develop the property 10, 2 unit residential townhouses.
The Planning Commission and the City Council have reviewed the application in accordance with
Minnesota Law and City ordinances. The City has agreed to approve the plat and to accept
Deeds of Dedication of the public facilities within the plat, subject to full performance by the
Developer of all its obligations of this agreement.
1.03. Public Improvements. The Developer has requested that, at its expense, it be allowed
to construct the public streets and utilities lying within the property, and the storm waste facilities
described on the proposed plat and any improvements necessary to serve the Project ("Public
Improvements"). The City is willing to allow the Developer to construct and install the Public
Improvements, only if the conditions set forth in this Agreement are satisfied.
1.04. Public Improvements: Plans. Specifications. The City agrees to authorize Short, Elliot
and Hendrickson, (the "Consulting Engineer") to review and approve the plans and specifications
for the Public Improvements. The specifications must be both to City standards, MNDOT
standards for street construction and the rules and regulations of the Board of Water
Commissioners. Approval by the Consulting Engineer of the plans and specifications for the
Public Improvements is a condition of this Agreement. A description of the public improvements
and estimates of costs is attached as Exhibit "A".
1.05. Public Improvements. Warranty. Developer agrees that the work will be done in a
workmanlike manner; that all materials and labor will be in strict conformity to the specifications
and any requirements set forth by the City in their plat approval. All work done pursuant to this
contract is subject to the inspection and approval of the Consulting Engineer, who shall have the
authority to suspend or stop work on the project if any condition of this contract is breached or
any law or administrative rule is violated.
If any material or labor that is supplied is rejected by the Consulting Engineer as defective or
unsuitable, then the rejected materials must be removed and replaced with approved material, and
the rejected labor shall be done anew to the satisfaction and approval of the Consulting Engineer
at the sole cost and expense of the Developer. This warranty will extend for one year beyond
the completion date of the Public Improvements.
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1.06. Public Improvement Schedule. The Developer further agrees that it will commence work
on the improvement on or before July 1, 1995, and will have all work done and the
improvements fully completed to the satisfaction and approval of the City on or before November
1, 1995. The Developer will be excused from the strict completion date if written notice is
received from the Developer of the existence of causes over which the Developer has no control,
which will delay the completion of the work. In that event, the City may extend the completion
date.
Section 2. Developer's Representations. The Developer represents to the City that as of the
date of this Agreement, the statements set forth in this section are true.
2.01. No Disability. The Developer knows of no legal disability that would prevent him from
carrying out this Agreement.
2.02. Ownership. The Developer is well seized in fee simple of the Property with marketable
title.
2.03. Execution No Violation. The execution, delivery and performance of this Agreement
does not and will not result in any breach of, or constitute a default under, any indenture,
mortgage, contract, agreement or instrument to which the Developer is a party or by which it or
the property is bound.
2.04. Litieation. There are no pending or, to the knowledge of the Developer, threatened
actions or proceedings before any court or administrative agency which will materially adversely
affect the financial condition, business or operation of the Developer or the ability of the
Developer to perform its obligations under this Agreement.
2.05. Compliance. The Developer will comply with and promptly perform all of its obligations
under this Agreement and all related documents and instruments.
Section 3. Security.
3.01. Consultant Fees and Charees. The Developer will pay to the City when due, all
consultant fees incurred by the City in behalf of or at the request of the Developer, including the
costs of engineering, legal and testing services, and reasonable administrative expenses associated
with the public improvements. An estimate of the expenses shall be made available by the City
to the Developer if requested in writing by the Developer.
3.02. Public Improvement Costs Letter of Credit. Prior to beginning work, Developer must
furnish to the City a Letter of Credit issued by a bank previously approved by the City in the
form attached as Exhibit "B" which will guarantee payment of the cost of Public Improvements
and performance of the Developer's obligation contained in this Agreement at a cost of no less
than $ . At least thirty (30) days prior to the expiration of any Letter of Credit
provided under this Section Developer shall provide the City with a replacement Letter of Credit
which must extend at least one year beyond the expiration date of the Letter of Credit then in
effect or, if earlier, until a date which is sixty (60) days beyond the contractor's written estimated
date for completion of the Public Improvements, or Developer will be in default hereunder with
no opportunity to cure and the City may immediately draw upon the Letter of Credit then in
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2
effect. Developer may at any time secure a reduction of the face amount of any Letter of Credit
then in effect by an amount equal to the amount which it has disbursed to any contractor for a
construction of the Public Improvements, except that at least 25% of the Letter of Credit must ,.,
remain available to the City for a period of one year beyond the completion date of the Public
Improvements. Any letter of credit provided under this Section must permit the City to draw
upon it for the full face amount thereof, as reduced from time to time as provided herein, upon
10 days' written notice to the Developer of its opportunity to cure, or immediately in the event
Developer fails to comply with any obligation stated in this Section with respect to replacement
Letters of Credit.
Section 4. Developer's Undertakinp.
4.01. Easements. The Developer must furnish to the City upon request and without charge, all
permanent easements as designated in the plat and the plans and specifications, and deeds to
property deemed necessary by the City for the location, construction, installation and operation
of the Public Improvements to be constructed on the Property, in form and content satisfactory
to the City.
4.02. Park Dedication Fee. The Developer must, as a condition of this Agreement, comply
with the Park Dedication requirement of the City plat approval process and pay the sum of
$6,737.50 in lieu of land dedication. This amount is before any credit that may be given
pursuant to ~4.06(a).
4.03. Erosion Control Measures Durine Construction. Developer agrees that it will construct
erosion control devices in conformance with the approved Construction Plans for the Public
Improvements. This plan must protect the adjacent pond and wetlands from erosion, pollution
and siltation during the construction of the Public Improvements and must be approved by the
Stillwater City Engineer.
4.04. Erosion Control Plan. Storm Water Improvements. Developer agrees to submit to the
City an erosion control plan that will protect the storm water facilities within the plat and adjacent
ponds and wetlands from erosion, pollution and siltation during the time that the Developer or
its successors and assigns are constructing buildings on the lots included in the plat. The
Developer must be responsible to carry out this plan for five (5) years, after the date of this
agreement.
4.05. Washineton County. Developer acknowledges that the property required an access permit
for access to CSAH 5, and Developer agrees to follow County regulations with regard to the
property, and that a default or violation of any of their regulations is a default as defined in a
letter setting forth County conditions dated November 8, 1994 and attached to this Agreement
as Exhibit "A".
4.06. City Reeulations. Developer acknowledges that the property is regulated by the City of
Stillwater and that a default under City ordinances or condition of approval of any permit is a
default as defined in this agreement. The following conditions of approval imposed by the City
Council as part of Subdivision Application No: SUB/PUB/94.63 are made conditions of this
agreement.
3
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(a) A concrete sidewalk must be constructed from the Croixwood/CR 5
intersection to Lily Lake School as part of the development. The portion
of the sidewalk from the cul-de-sac to Lily Lake School, if paid for by
the developer, will be a credit against the park dedication requirement.
(b) A landscape tree planting plan must be submitted, reviewed and
approved by the Community Development Director before the final plat
is approved.
(c) A sedimentation basin must be constructed according to comments
from the Washington County Soil and Water Conservation District.
(d) A grading and erosion control plan must be approved before building
permits are issued and site grading conducted.
(e) A national pollution discharge elimination system general storm
water permit for construction activity must be obtained from the MPCA
before site grading begins.
(t) A concrete sidewalk from the Autumn Way cul-de-sac to CR 5 must
be installed and the design approved by the Community Development
Director.
4.07. Dama~e to City Facilities. The Developer will be responsible for any damage caused to any City
facilities or improvements including roads, storm water systems, sewer and water facilities, by the
Developer, its contractors, agents or employees and for any repair or clean up costs or expenses incurred
by the City in taking remedial action.
Section 5. Insurance.
5.01. Insurance. Developer will provide and maintain or cause to be maintained at all times
during the process of constructing the Public Improvements and, from time to time at the request
of the City, furnish the City with proof of payment of premiums on:
(a) Comprehensive general liability insurance (including operations, contingent liability,
operations of subcontractors, completed operations and contractual liability insurance)
together with an Owner's Contractor's policy with limits against bodily injury and
property damage of not less than $1,000,000 for each occurrence (to accomplish the
above-required limits, an umbrella excess liability policy may be used), and shall be
endorsed to show the City as an additional insured to the extent of its interest.
.(b) Comprehensive general public liability insurance, including personal injury liability
for injuries to persons and/or property, including any injuries resulting from the operation
of automobiles or other motorized vehicles on or about the Development Property, in the
minimum amount for each occurrence of $1,000,000, and shall be endorsed to show the
City as an additional insured to the extent of its interest.
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4
(c) Workers' Compensation insurance respecting all employees of Developer in amounts
not less than the minimum required by statute. .
e
Section 6. Restrictions on Transfer; Indemnification.
6.01. Indemnification. Developer agrees to defend and hold the City, and its officials,
employees and agents, harmless against any and all claims, demands, lawsuits, judgments,
damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of
actions or omissions by Developer, its employees and agents, in connection with the Project.
6.02. Enforcement by City: Dama~es. The Developer acknowledges the right of the City to
enforce the terms of this Agreement against the Developer, by action for specific performance
or damages, or both, or by any other legally authorized means. The Developer also
acknowledges that its failure to perform any or all of its obligations under this Agreement may
result in substantial damages to the City; that in the event of default by the Developer the City
may commence legal action to recover all damages, losses and expenses sustained by the City;
and that the expenses may include, but are not limited to, the reasonable fees of legal counsel
employed with respect to the enforcement of this Agreement.
Section 7. Events of Default.
7.01. Events of Default Defined. The following will be "Events of Default" under this
Agreement and the term "Event of Default" will means, whenever it is used in this Agreement,
anyone or more of the following events:
(a) Subject to Unavoidable Delays, failure by Developer to commence and complete
construction of the Public Improvements pursuant to the terms, conditions and limitations
of this Agreement.
(b) Failure by Developer to observe or perform any covenant, condition, obligation or
agreement on its part to be observed or performed under this Agreement.
7.02. Remedies on Default. Whenever any Event of Default occurs, the City may take anyone
or more of the following actions: .
(a) Suspend work on the project and its performance under the Agreement until it
receives assurances from Developer, deemed adequate by the City, that Developer will
cure its default and continue its performance under the Agreement.
(b) Take action, including legal or administrative action, as is necessary for the City to
secure performance of any provision of this Agreement or recover any amounts due
under this Agreement from Developer or under the Letter of Credit described in ~3.02.
(c) Undertake to complete the public improvements itself, through its agents or through
independent contractors and before the undertaking, draw upon the Letter of Credit
described in ~3.02 for the full amount of the estimated work.
5
_I
Section 8. Administrative Provisions.
e
8.01. Notices. All Notices, certificates or other communications required to be given to the City
and the Developer must be sufficiently given and will be deemed given when
delivered, or when deposited in the United States mail in registered form with postage
fully prepaid and addressed, as follows:
If to the City:
Nile Kriesel, Coordinator
City of Stillwater
216 N. 4th Street
Stillwater, MN 55082
If to Developer:
John E. Roettger
9376 St. Croix Trail North
Stillwater, MN 55082
The City and the Developer, by notice given to the other, may designate different addresses to
which subsequent notices, certificates or other communications will be sent.
Section 9. Additional Provisions.
9.01. Titles of Sections. Any titles of the several parts of the Agreement are inserted for
convenience of reference only and shall be disregarded in construing or interpreting any of its
provisions.
9.02. Counterparts. This Agreement is executed in any number of counterparts, each of which
will constitute one and the same instrument.
9.03. Modification. If Developer is requested by the Holder of a Mortgage or by a prospective
Holder of a prospective Mortgage to amend or supplement this Agreement in any manner
whatsoever, the City will, in good faith, consider the request, provided that the request is
consistent with the terms and conditions of this Agreement.
9.04. Law Governin~. This Agreement shall be governed by and construed in accordance with
the laws of the State of Minnesota.
9.05. Severability. In the event any provIsion of this Agreement is held invalid or
unenforceable by any court of competent jurisdiction, holding will not invalidate or render
unenforceable any other provisions.
Section 10. Termination of A~reement.
10.01. Termination. This Agreement will terminate at the time all of the Developer's
obligations have been fulfilled and when the cost of the Public Improvements have been paid in
full and any default of the Developer has been cured.
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IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its corporate
name by its duly authorized officers and sealed with. its 'corporate seal; and the Developer has executed a
this Agreement at Stillwater, Minnesota, the day and year first above written. ,.,
CITY OF STILLWATER
(SEAL)
By:
Jay L. Kimble, Its Mayor
and
Morli Weldon, Its City Clerk
DEVEWPER
John E. Roettger
STATE OF MINNESOTA)
) ss.
COUNTY OF WASHINGTON)
On this _ day of , 1995, before me, a Notary Public within and for said County,
appeared Jay L. Kimble and Morli Weldon, to me personally known, who, being by me duly sworn, did
say that they are, respectively, the Mayor and City Clerk of the City of Stillwater, and that this
instrument was signed and sealed in behalf of the City by authority of its City Council, and they
acknowledged the said instrument was the free act and deed of the City.
Notary Public
ST ATE OF MINNESOTA)
) ss.
COUNTY OF WASHINGTON)
On this _ day of , 1994, before me, a Notary Public within and for said County,
appeared John E. Roettger, to me personally known, who, being duly sworn, did say that they are the
Developer named in the foregoing instrument and that this instrument was signed as the free act and deed
of the Developer.
Notary Public
7
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EXHIBIT" A"
DESCRIPTION OF PUBLIC IMPROVEMENTS AND ESTIMATES OF COSTS.
e
EXHIBIT "B"
IRREVOCABLE LETTER OF CREDIT NO. _
TO: City of Stillwater
Washington County
Minnesota
We hereby issue an irrevocable stand-by Letter of Credit No. _ in favor of the City
of Stillwater, Minnesota (the "City"), for account of John E. Roettger (the "Applicant"), which is
available by negotiation of City's draft at sight on or before the _ day of , a written
statement, executed by the Manager and the Clerk or its designee, bearing the number of this Letter of
Credit and stating that the amount of the City's draft covers the indebtedness of the Applicant to the City
provided for in Section 3.02 of the "Development Agreement" by and between the City and the Applicant
approved by the City as of the _ day of , 1995, as amended.
We hereby agree with the City that all drafts drawn under and in substantial compliance with the
terms of this credit will be duly honored on presentation.
This credit shall be construed in accordance with the laws of the State of Minnesota including,
in particular, Minnesota Statutes, Section 336.5-101 to 336.5-117 (Uniform Commercial Code, Article
5, Letters of Credit).
By
Its
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RESOLUTION NO. 95-
APPROVAL OF DEVELOPMENT AGREEMENT
AUTUMN WOOD, L.I. 314
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Development
Agreement, by and between the City of Stillwater, Minnesota, and John E. Roettger, attached
hereto as Exhibit A, is hereby approved, and the appropriate city staff is authorized to sign
said Agreement.
Adopted by Council this 6th day of June, 1995.
Jay L. Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
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MEMORANDUM
TO:
Mayor and City Council
FROM:
Steve Russell, Community Development Director
DATE:
6-2-95
SUBJECT:
Final Plat Approval for Autumn Wood Subdivision, John Roettger, Applicant,
(Case SUB/PUD/94-63)
The preliminary plat for the 20 unit, 10 lot Autumn Wood Subdivision was approved by the
Council at the meeting of April 4, 1995. Several conditions of approval were placed on the
project as listed in the attached staff report.
This item returned to the Council at your meeting of 5-15-95 but was continued to this, your 6-6-
95 meeting to address drainage, improvement plan, grading permit and landscape plan concerns.
Since the 5-15-95 meeting, staff has met with the applicant, the School District and their
attorneys regarding drainage costs. In concept, an agreement regarding costs of improvements
has been achieved. The specifics of this agreement have to be worked out. (The City Attorney
can report on the drainage discussion at meeting time). The applicant has submitted a
drainage/grading/erosion control plan, landscape plan and the City Attorney has prepared a
development agreement including bonding and in lieu park fee requirements (attached).
A copy of final plat/grading drainage plan is attached. The plat and additional plan information
is consistent with the preliminary plat approval.
Recommendation
Approval per conditions.
Conditions
1. The developer shall prepare plans for public improvements subject to City standards and City
Engineer approval.
2. A grading permit shall be approved by the City.
3. The development agreement shall be approved by the developer and City.
4. A final agreement between the developer and school district for payment of drainage
improvement costs shall be completed.
Attachments
Staff report 4-4-95
Development Agreement
Final Plat
RESOLUTION 95-
APPROVING FINAL PLAT
AUTUMN WOOD, SUB/PUD/94-63
WHEREAS, the proposed final plat request, attached hereto as Exhibit A, is consistent with
the preliminary plat and subdivision plan;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater,
Minnesota, hereby approves the request for Final Plat for Autumnwood, Case SUB/PUD/63.
Adopted by Council this 6th day of June, 1995.
Jay Kimble, Mayor
Attest:
Modi Weldon, City Clerk
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MEMORANDUM
TO: Mayor and City Council
v
FROM:
Steve Russell, Community Development Director
DATE: May 11, 1995
SUBJECT: Final Plat Approval for Autumnwood Subdivision, John Roettger, Applicant.
The preliminary plat for the 20 unit Autumnwood Subdivision was approved by the Council at
the meeting of 4-4-95. Several conditions of approval were placed on the project. The feasibility
study for public improvements was ordered. The feasibility study is not yet completed.
The City has received word from the school district that there remain issues regarding how
runoff will be handled and improvements paid for from the Lily Lake school site to the east of
the project. The School District and developers are deciding how it will be handled. Because of
these unresolved issues and lack of the public improvements feasibility study including cost
estimates it is recommended that this item be continued to your meeting of June 5, 1995.
Recommendation
Continuation to Council meeting of June 5, 1995 for more information.
Attachments:
Plans
ISD 834 Letter
Washington County Letter of 5-9-95
" '"
e MEMORANDUM
TO: Mayor and City Council
FR: Steve Russell, Community Development Director
DA: May 11,1995
RE: CONCEPT PUD/PRELIMINARY PlAT APPROVAL FORA 10 LOT, 20
ATTACHED DUPLEX UNIT PROJECT
Background - This application has been reviewed by the Planning Commission and
recommendation for approval along with the rezoning of the site from RA, single
family residential to RB, duplex residential (Case ZAM/94-64). This item was
originally heard at the Council meeting of 2-7-95 and subsequently continued to the
3-7-95 to this meeting of 4-4-95 so that the project could be modified to reflect .
concerns raised by city staff and the developer.
The revised attached plans show a 20 unit, 10-lot subdivision. The units would be
located in a duplex fashion on each lot. The units would be owner occupied. The
project is served by a cuI de sac street off of CR 5. The road width tapers up from 24'
at its entry to 32' past the first driveway. The reduced width at that location is due to
the wetlands location and the setback. requirement off a wetland. A sidewalk will be
constructed as a part of the project connecting to the intersection of CR 5 and
Croixwood Blvd to Lily Lake school. This will provide a safer, more direct access to
the school and playgrounds in effect making existing park facilities more available to
area residents. With the new stop light at CR 5 and Croixwood Blvd, it will be much
safer for children who may wish to walk to school. The sidewalk going up to the hill
from CR 5 across the property will be paid for by the developer and the remaining
section to the school could be paid for by the school district or the developer in lieu
park dedication fees.
The road and utility plans have been reviewed by the City Engineer and the
Washington Soil and Water Conservation District and Washington County Public
Works. County Road 5 is under the jurisdiction of Washington County and the
developer will need to obtain a access permit and meet their improvement
requirements.
_
Because drainage is entering the pond from the project, a settling basin is being
construct as shown on the grading plan to trap sediments before entering the pond.
The developer has provided staff with a survey of the site showing which trees will be e
removed as part of the project and which trees will remain. Thirty -five trees will be
removed according to the plan. The developer shall submit a landscape and planting
plan with the ratio of new vegetation to meet the standards established in the forest
protection ordinance. For the disturbed areas, an erosion control plan along with a
plan showing how the land will be reestablished and stabilized. the city Engineer will
need to review and approve this.
Findings - The project is consistent with the Zoning Ordinance, development
requirements and maintains site conditions to the extent possible.
Conditions of Approval
1. A road access permit shall be obtained from Washington County Public Works
and road and utility improvements developed according to their standards.
2. The sidewalk shall be constructed from the Croixwood/CR 5 intersection to Lily
Lake school as part of the development. The portion of the sidewalk from the
cul-de-sac to Lily Lake school if paid for by the developer shall be a credit
against the park dedication policy.
3. A landscape tree planting plan shall be submitted, reviewed and approved by the
Community Development Director before the final plat is approved.
4. A sedimentation basin shall be constructed according to comments from the
Washington County Soil and Water Conservation District.
5. A grading and erosion control plan shall be approved before building permits are
issued and site grading conducted.
6. A storm water permit shall be obtained from the PCA before site grading begins.
7. The Zoning map amendment ZAM/94-64 shall be approved before final
subdivision and PUD approval.
8. The road and utility plans shall be reviewed and approved by the City Engineer
(refer to Memo of 11-9-94).
9. Sidewalk shall be concrete.
10. Sidewalk off cuI de sac to CR 5 shall be installed as approved by the Community _
Development Director.
WASHINGTON COUNTY
PUBLIC WORKS DEPARTMENT
. PARKS. HIGHWAYS · FACILITIES
11660 MYERON ROAD NORTH · STillWATER, MINNESOTA 55082-9573
612-430-4300 Facsimile Machine 612-430-4350
May 9, 1995
Mr. Steve Russell
City of Stillwater
216 N. Fourth St.
Stillwater, MN 55082
Donald C. Wisniewski, P.E.
Director Public Works/County Engineer
John P. Perkovich, Deputy Director
Operations Division
Donald J. Theisen, P.E., Deputy Director
Technical & Administrative Division
James D. Hanson, P.E.
Transportation Engineer
Edward Kapler,
Facilities Operations Manager
John Roettger Subdivision Adjacent to Washington County State Aid Highway 5
(CSAH 5), Stillwater Case No. SUB/94-63
Dear Mr. Russell:
Enclosed is a copy of my letter to you from November 8, 1994, regarding John
Roettger's subdivision east of CSAH 5. To date, none of the conditions attached
to our granting of access have been met. Mr. Roettger has contacted me recently
about getting started and while we would have liked to coordinate his project with
the final paving and landscaping of S.A. P. 82-605-10, our current project on the
road, it appears that our project will be finished before Mr. Roettger's will have
started.
We, therefore, ask for your continued cooperation so that we can review Mr.
Roettger's plans early for conformance with the existing design. We appreciate all
of your efforts to keep us informed.
Sincerely,
rcJorh
Y'6seph Lux
Ene.
cc: Klayton Eckles, Stillwater City Engineer
John Roettger
Barry Peters, SEH
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...\Iuxlbigjohn.ltr
Printed on Recycled Paper
EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION
WASHINGTON COUNTY
PUBLIC WORKS DEPARTMENT
PARKS. HIGHWAYS · FACILITIES
11660 MYERON ROAD NORTH · STillWATER. MINNESOTA 55082-9573
612-430-4300 Facsimile Machine 612-430-4350
00naId C. Wosriewski. P.E.
Director Public: WorlcsICounty Engineer
.10M P. Perkovich. Deputy Director
Operations Division
Donald J. Theisen. P.E.. Deputy Director
T echoical & Administrative Division
J_ D. Hanson. P.E.
Transportation Engineer
Edward Kapler,
Facilities Operations Manager
November 8, 1994
Mr. Steve Russell
City of Stillwater
216 N. Fourth Street
Stillwater, MN 55082
RE: John Roettger Subdivision Adjacent to Washington County State Aid Highway 5
(Stillwater Case No. SUB/94-63)
Dear Mr. Russell:
We have reviewed the revised John Roettger subdivision and find it to be acceptable if the
following conditions are met:
1. A Washington County Access Permit must be obtained for the
connection to CSAH 5 (Stillwater Blvd. N.).
2. A Washington County Utility Permit must be obtained for all work within
County Right of Way.
3. Road plans, including cross sections, must be submitted to the County
for approval.
4. The connection of the access to CSAH 5 must be at a 90 degree angle.
5. The developer must construct a right turn lane to serve the development.
This must be constructed according to the specifications of the Minnesota
Department of Transportation and as follows: The turn lane shall be 150
feet long by 14 feet wide with a 15: 1 taper at the south end. The length of
the turn lane may be adjusted by the County based on the internal street
design and traffic factors. It shall be constructed with a 6" thick Class 5
aggregate base, a 2" Type 31 Bituminous base course, a 2" thick Type 31
Bituminous binder course, and a 2" thick Type 41 Bituminous wearing
course. Where necessary, the existing curb and gutter must be removed
and new B-624 curb and gutter installed to match the existing curb.
e
6. In conjunction with turn lane construction the developer must modify the
storm sewer system to accommodate the width added to the roadway by
Printed on Aocycled ""-
EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION
the turn lane and the storm water added to the system by this development.
Any changes to the wetland must be approved by the City of Stillwater.
Computations showing the runoff volumes must be submitted to Washington
County and the Stillwater City Engineer for approval prior to permit approval.
e
7. All modifications to CSAH 5 must be completed prior to final paving of
S.A.P. 82-605-10, the current construction project on CSAH 5. This work
is scheduled for late May, 1995.
Washington County can construct the turn lane and storm sewer revisions as a
supplement to the contract for S.A.P. 82-605-10 if it is acceptable to the contractor on
the job. All costs associated with this work will be paid by the developer.
Please advise us as soon as the City acts on this subdivision since it is essential to
coordinate turn lane construction with our construction project. If you have questions or
comments please call me at 430-4312.
Sincerely,
~;;?;
Aoseph lux
cc: John Roettger
Glenn Schreiner, SEH
Klayton Eckles, Stillwater City Engineer
Wally Abrahamson, Washington County Commissioner
Don Theisen, Washington County Public Works
Don Wisniewski, Washington County Public Works
e
Prin.ed on Recvcled Poper
EQUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION
. I
KNUTSON, FLYNN, DEANS &: OLSEN
JAMES E. KNUTSON
eOSEPH E. FLYNN
PAUL W. HETLAND
(1934-1992)
THOMAS S. DEANS
PATRICK]. FLYNN
GLORIA BLAINE OLSEN
STEPHEN M. KNUTSON
MICHAEL]. FLYN!';
MARIE C SKINNER
MAGGIE R. WALL!,;ER
PROFESSIONAL ASSOCIA nON
May 10, 1995
SUSAN E. TORGERSON
JOHN]. O'DONNELL
ANNE F. KRISNIK
DIANE M. CORNELL
GREGORY S, MADSEN
CHARLES E, LONG
MICHELLE D. KENNEY
TIMOTHY R. PALMATIER
DANIEL]. S. BECKER
JENNIFER K. ANDERSO!,;
MINNESOTA WORLD TRADE CENTER
30 SEVENTH STREET EAST, SUITE 1900
ST. PAUL, MINNESOTA 55101-4900
TELEPHONE: (612) 222-2811 FAX: (612) 225-0600
Mr. Nile Kriesel
City Administrator
Citj of Sti1!wat .,
216 North Street
Stillwate , 55082
. -I--.~J
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Mr. John Roettger
9376 St. Croix Trail North
Stillwater, MN 55082
RE: Development of A. Welt Prop~l'ty
Gentlemen:
Over a period in excess of one year, Independent School District No. 834 has had numerous meetings
regarding the proposed development of what has been described as the A. Wert property. There has
also been correspondence exchanged during this time.
At this timet it is our understanding that the development process is well on the way and the school
district has not had a satisfactory response to two concerns that have been repeatedly raised by the
school district. The first issue relates to the fact that school district drainage will obviously be
impacted by the proposed development. It is our understanding that it is the intention of the
developer to resolve the drainage issue by utilization of an underground drainage pipe which would
commence at a manhole on school district property and proceed underground across the A. Wert
property to the existing pond.
The school district deems this expense to be the expense of the developer. However, in the interest
of cooperation, the school district would be willing to bear a share of the cost involving construction
of a manhole and connection of the new pipe to the existing school district drainage facilities. It is
the school district's anticipation that its cost in respect to the drainage will be less than $3tOOO.OO.
Finally, it is the school district's understanding that the city will be granted an easement for the pipe
across the A. Wert property. The school district will have no ongoing obligations for the new pipe
in respect to maintenance or repair.
_
KNUTSON, FLYNN, DEANS &: OLSEN
PROFESSIONAL ASSOCIATION
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May 10, 1995
Page Two
The second issue relates to the school district's understanding that a retaining wall will be built along
the easterly boundary of the property. The grade where the retaining wall would be built is already
quite steep. It is the school district's belief that a substantial safety hazard would be created by the
erection of a retaining wall unless it is fenced. Consequently, it is our request that any approvals for
the development would include a requirement that the developer provide a fence around the retaining
wall.
The school district has asked us to write this letter. While the school district has been involved in
conversations with the city and the developer, it is uncertain whether these issues have been resolved,
and whether they have been resolved in the manner anticipated by the school district. The school
district is further concerned because there have been suggestions at times that the school district
might be asked to undertake greater financial contributions to this development. The school district
wants to be sure that everyone is aware that the school district has not agreed to any further financial
contributions and it would oppose further financial requirements.
It is our request that you respond with a confirmation that the understandings of the school district
set forth in this letter are correct. Alternatively, if the understandings are incorrect, we would ask
you to state with specificity what is being proposed that differs from the school district
understandings, including any further financial contributions by the school district. Ifthere are such
areas, the school district requests that it be notified of any future meetings, including planning
commission and city council meetings, such that the school district would have an opportunity to be
heard.
In conclusion, it is not the desire of the school district to oppose the development of the A. Wert
property nor to make this matter contentious between the parties. Rather, the school district has been
frustrated in its ability to obtain. necessary information regarding this development. The school
district deems it appropriate at this time to write to both the city and the developer regarding its
position and solicit a response from the city and the developer.
Very truly yours,
./1t !/flUllIl
fif11rfcl[frrrYo/ V' .
PJF:mcb
cc:
Dan Parker
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MAGNUSON LAW OFFICE
6124395641
P.01
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Bannig~& Kelly, P.A.
ATTORNEYS AT 'LAW
J 750 NORTH CENTRAL LIFE TOWER
445 MINNESOTA STREET
SAINT PAUL. MINNESOTA 55101
JOHN F. BANNIGAN. JR.
PAT~ICK 1. KELLY
JAMES j, I1ANTON
JANET M. WILEBSKl
JOHN W. Ql)ARNSTKOM
(& 12) 224':\7l1l
FAX (om n~-llOI9
May 22~ 1995
Mr. David T. Magnuson
P.O. Box 438
Stillwater, MN 55082
Post.H'. brand fax transmittal memo 7671 #of p.ge, ~ .3
10 ~,ro
Mr. Patrick I. Flynn
Mirmesota World Trade Center
30 Seventh Street East
Suite 1900
St. Paul, MN 55101.-4900
Co.
Oept,
FuN
Co.
Phone #
l/?;q - l.f5'~
Fax!;
RE: Our Client. Roettger Twin Homes
Gentlemen:
This is to advise that the undersigned law firm has been retained by Roettger Twin Homes
applicant for final plat approval of Autumn Wood Subdivision within the City of Stillwater and
adjacent to Lily Lake School Site, Independent School District 834.
I have had an opportunity to review the letter of Mr. Flynn addressed to the Stillwater city
administrator and John. Roettger, our client.
In his letter, Mr. Flynn identified two issues. The nrst issue he noted relates to the
question of perpetuating storm water drainage from the school site into the Stillwater storm
sewer system. At present, the school district has collected its storm waters from its parking lots
and rooftops and delivered it by pipe to the property line where it then travels over ground
across what is now our client's property. The volume and ra.te of water is such as to have
damaged the property by erosion..
e
"A landowner has the right to make a reasonable disposition of
surface water. This may include diverting water off his land onto the
land of another, as long as the diversion is a reasonable use. The
reasonable use test requires consideration of alternatives and
determining whether the benefit to the diverter's land outweighs the
harm to the land receiving the surface water. .. The reasonable use
doctrine traditionally has been applied to private landowners. This
MAY 2 4 ~'C'C~~
MAGNUSON LAW OFFICE
6124395641
P.02
Mr. David T. Magnuson
Mr. Patrick J. Flynn
Page 2
May 22, 1995
e
common-law rule does not apply where the diverter is the state or its
political subdivisions and the diversion occurs as part of a public drainage
project." Wilson v. Rademacher, 352 N.W. 2d 389 (Minn. 1984).
The reasonable use doctrine was better dermed in Highview North Apartments v. County
of Ramsey, 323 N.W.2d 65 (Minn. 1982):
". . . we have in this state a well-established doctrine governing
interference with a plaintiffs use of his property resulting from a
defendant's use of water on his oWn land. This is the doctri.p.~ :of
"reasonable use, . . . II
"Several factors make up the balancing test. Drainage of surface
waters from one's own land onto another's is a "reasonable use" (i)
if there is a reasonable necessity {or such drainage. (ii) if regard is
taken to avoid unnecessary injury to others, (ill) if the utility Or
benefit to the land that drained outweighs the harm to the land
receiving the water. and (iv) if, where practicable. the drainage is
done by improving the natural system or providing a feasible
artificial one." At page 71.
The school district.s disposal of its collected storm water does not meet the "reasonable
use" test above. Highview North went to say:
". . . .reasonable use' is not to be confused with 'reasonable care', a
negligence concept; 'reasonable use' refers rather to a reasonable
regard for the rights of others so that harm may be prevented or
minimized. "
Considering that the school district chose to concentrate its discharge of storm water and
damage the subject property. it appears to have failed 'the tests set forth for "reasonable use."
As to the city's role in this, typically grading plans are approved by the city prior to the
issuance of building permits. H the city permitted the school district to dispose of its storm water
as is presently practiced, Wilson v. Rademacher, supra, deals with that issue:
"We hold that the reasonable use doctrine does not apply to a
diversion of surface waters by a municipality as part of a public
drainage system, and that if the damages caused by the diversion
amount to a taking of the landowner's property, the landowner is
entitled to bring an action for inverse condemnation under the law
of eminent domain."
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MAGNUSON LAW OFFICE
6124395641
P.03
. .
Mr. David T. Magnuson
Mr. Patrick 1. Flynn
Page 3
May 22, 1995
Having said this, I suggest that the school district, the city and the developer sit down and
attempt to apportion their respective responsibilities for transporting storm water across our
client's property in compliance with the city's comprehensive storm water management plan.
The second issue raised by Mr. Flynn deals with requesting a fence along my clienfs
property line where our client proposes to build a series of retaining walls. The city may require
a subdivision developer to dedicate land to public use:
'The [subdivision] regulations may require that a reasonable portion
of any proposed subdivision be dedicated to the public or preserved
for public use as streets, roads, sewers, electric, gas and water
facilities, storm sewer drainage and holding areas or ponds and
similar utilities and improvements." Minn. Stat. S462.358, Subd. b..
While it is one thing to require our client to dedicate an easement through its property
to provide a storm sewer for school district's storm waters, it is quite another to require it to
build and maintain a fence to keep school children on school property and out of hann's way off
of the school grounds. That is more a proprietary function of the school district. The need for
the fence is not specifically and uniquely attributable to our client's proposed subdivision.
Rather, the rational nexus is to the school's use of its property.
I would suggest that the three of us confer relative to the issues raised in Mr. Flynn's
letter. The purpose of such a conference would be to work out proportional responsibility for
the fencing and storm sewers necessary for the compatible co-existence of the school and our
client.
Sincerely,
JB:cd
, 1A
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MEMORANDUM
TO: Mayor and City Council
FROM: Steve Russell, Community Development Director
DATE: 6-2-95
SUBJECT: Request to construct two structures (four units of20 units) Autumn Wood
Subdivision, John Roettger, developer
The City has received a request from the developer, John Roettger, to construct two structures
containing four units before final public improvements are installed and the final plat is recorded.
In order to protect the City from risk of housing development without improved public facilities
or housing development on unplatted land it is recommended that building permits be issued
only after utility improvement plans are approved by the City and the final plat is recorded.
The City should enter into an agreement with the developer making him completely responsible
for construction of the improvements and residences per plans with no City liability if this
request is granted at this early state.
Recommendation
Consideration of request.
Attachment.
MEMORANDUM
TO: Mayor and City Council
FR: Steve Russell, Community Development Director V
DA: May 11, 1995
RE: REQUEST TO CONSTRUCT TWO STRUCTURES (4 UNITS OF THE 20 UNIT
AUTUMN WOODS PROJECT CR 15/CROIXWOOD BL YD. JOHN ROETTGER
APPLICANT
The City Council has received a request from Mr. Roettger to construction two, 2-unit structures
as shown on the attached plan. The final plat for the project will be reviewed by the council at
your May 16, 1995 meeting and, according to the city engineer, the feasibility study for public
improvements will be presented to the council at your meeting of June 6, 1995.
The request to build the residences in advance of public improvements is not unusual but this
early in the plan review process is of major concern. The feasibility study has not been
completed. The plans and specs for public improvements have not been prepared, accepted
or ordered. There has been no cash deposit or bond to ensure that the improvements are in to
service the residences once they are finished.
The unknown cost of the public improvements are a concern. Sometimes the cost is a
consideration for the project proceeding or not and the timing of the improvements.
A development agreement should also be in place that assures construction of the public
improvements and conformance with the subdivision and PUD approval.
Anther concern is for coordinating the public improvement contractors and home builder
regarding access to the site and site conditions.
Recommendation
Table request until at least plans and specifications for public improvements are prepared and
development agreement signed.
Attachment
Letter date 4-27-95 from John Roettger and plans.
LLAvII~
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Anu- 2~}9~
Mr. steve Russell
Community Developement Director
Mr. Jay Kimmel Mayor
City council Members
Do to the interest in my Autumn Wood Project on county road 5
I would like to request permission to start erection of 2 buildings
Building 1 95-4-21 is a one story walk in side by side unit with
no step to enter.
Building 2 95-4-24 is a side by side unit with a tuck under garage.
These two buildings use the same drive entrance requested by Klayton
Eckels, City Engineer. This change will make the area more attractive
with less driveways. My intent is to complete the utilitys, &Street
Work prior to the model opening. I am enclosing a partial plat to
clearly show you the problem of completeing only 1 model.
SEH is completing the Utility & Street Plan, & feasability Study
I have Discussed With Barry Peters of SEH, Nile Kriesel City of
Stillwater, & My banker, the possability of me doing the ~provements
myself & financing the same. This would save me a portion of the
30% fee charged for Engineering,Administration, & Legal.
Normal engineering fees are about 7%,1~-2% administration & ~%
for legal.My understanding is that the city employees are to
serve the public & be reimbursed for the costs. Is this to be a
money making venture for the city?
4 ..
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If the project is to be bid, I int~nd to bid the work, intend to be low
& do the work because I am the person responsible to pay for the work.
I would like to be able to accept or reject all bids which are not
for my best interests. It may be possible for me to be low,do the
improvements & have the City finance the project which I will have
to pay for as the units are sold. I have been in the building business
for 43 Years & have found it is not wise to accept the low Bidder!
My intent is to build a quality project that I can be proud of in
the future. I have A good reputation in the Construction Industry
& I intend to keep it that way! Thank you!
;;;:;:, T~Y ~ ~r
L/John E. Roettger Owner
Autumn Wood Addition
.1
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ORDINANCE NO.
CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER
COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND
ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR
THE PURPOSES. OF INSTALLING, ENLARGING, OPERA TING,
REPAIRING AND MAINTAINING IN THE CITY OF STILLWATER,
MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND
APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS
TO SAID CITY AND ITS INHABITANTS AND OTHERS AND
TRANSMITTING GAS INTO AND THROUGH SAID CITY, AND TO USE
THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH
PURPOSES.
THE CITY COUNCIL OF THE CITY OF STILL WATER, WASHINGTON
COUNTY, MINNESOTA, ORDAINS AS FOLLOWS:
Section 1. That there be and hereby is granted to Northern States Power
Company, a Minnesota corporation, its successors and assigns, hereinafter referred to
as "Company", during the period of 20 years from the date hereof, the right and
privilege of erecting a gas plant and using the streets, alleys, and public grounds of the
City of Stillwater, Washington County, Minnesota, hereinafter referred to as
"Municipality", for the purpose of installing, enlarging, operating, repairing, and
maintaining, on, over, under and across the same, all gas pipes, mains and
appurtenances, usually, conveniently or necessarily used in connection therewith, for
the purpose of furnishing gas for public and private use in and to said Municipality and
the inhabitants thereof, and others, and for the purpose of transmitting gas into and
through said Municipality, provided that such gas pipes, mains, and appurtenances
shall be so located as in no way to interfere with the safety and convenience of
ordinary travel along and over said streets and alleys, and provided that Company, in
the installation, enlargement, operation, repair, maintenance, and removal of such gas
pipes, mains, and appurtenances, shall be subject to such reasonable regulation as may
be imposed by the Municipal Council.
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Section 2. In erecting, installing, enlarging, repairing, maintaining, moving,
removing, or replacing said gas pipes, mains, and appurtenances, Company shall, in all
cases, place the streets, alleys, or public grounds, in, on, under, or across which the
same are located, in as good condition as they were prior to said operation.
D:\DA T A IFRANCHISE\Sl1LL W -G .SffT
Section 3. Whenever Municipality at its cost shall grade, regrade or change the e
line of any street or public place or construct or reconstruct any sewer or water system
therein and shall, when necessary and with due regard to seasonal working conditions,
reasonably order Company to relocate permane'ntly its gas facilities located in said
street or public place, Company shall relocate its facilities located in said street or
public place, Company shall relocate its facilities at its own expense. Municipality
shall give Company reasonable written notice of plans to grade, regrade or change the
line of any street or public place or to construct or reconstruct any sewer or water
system therein. Nothing in this ordinance contained shall deprive Company of its
rights under Minnesota Statutes, Section 161.46, as amended. Where the Municipality
orders in writing Company to relocate any of its facilities, Company shall proceed with
such relocation. If such relocation is done without an agreement first being made as to
who shall pay for the relocation cost, such relocation of the facilities by Company
shall not be construed as a waiver of its right to be reimbursed for the relocation cost.
If Company claims that it should be reimbursed for such relocation costs, it shall in
writing notify the Municipality within ten days after receipt of such order. The
provisions of this franchise shall not be construed to waive or modify any rights
obtained by the Company for installations within a Company right-of-way acquired by
easement or prescriptive right before the applicable public way or public ground was
established, or the Company's rights under state or county pennit.
Section 4. The vacation of any street, alley, public way or ground, after the
installation of such gas pipes, mains, and appurtenances therein shall not operate to
deprive the Company of the right to operate and maintain such gas pipes, mains, and
appurtenances until the reasonable cost of relocating the same and the loss and
expense resulting from such relocation are first paid to the Company, except where the
vacation is for the primary benefit of the Municipality in the furtherance of a public
improvement.
Section 5. Company shall indemnify, keep, and hold Municipality, its officers,
employees, and agents free and hannless from any and all liability on account of injury
to persons or damage to property occasioned by the construction, maintenance, repair,
removal, or operation of Company's property located in, on, over, under, or across the
streets, alleys, public ways, and public grounds of Municipality, unless such injury or
damage is the result of the negligence of Municipality, its employees, officers, or
agents, or results from the perfonnance in a proper manner of acts reasonably
determined to be hazardous by Company, but such perf~nnance is nevertheless
ordered or directed by Municipality after notice of such determination by.company.
In the event that suit shall be brought against Municipality under circumstances where
the above agreement to indemnify applies, Company, at its sole cost and expense, shall
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defend Municipality in such suit, if written notice of the suit is promptly given to
Company within a period wherein Company is not prejudiced by lack of such notice.
If such notice is not timely given as hereinbefore provided, Company shall have no
duty to indemnify nor defend. If Company is required to indemnify and defend, it will
thereafter have complete control of such litigation, but Company may not settle such
litigation without the consent of the Municipality unless Municipality unreasonably
withholds such consent. This section is not, as to third parties, a waiver of any defense
or immunity otherwise available to the Company, and the Company, in defending any
action on behalf of the Municipality, shaIl be entitled to assert in any such action every
defense or immunity that the Municipality could assert in its own behalf.
Section 6. The rates to be charged by Company for gas service in the
Municipality shall be subject to the jurisdiction of the Public Utilities COlrunission of
this State. Company shall provide reasonably safe, efficient, adequate and non-
discriminatory service to members of the public within the Municipality who apply for
such service in accordance with the rules and regulations of Company. Natural gas
shall be supplied to the Municipality and its inhabitants to the extent that such gas is
available under governmental regulations and provisions and under the provisions
governing the availability and supply of natural gas contained in the town border
contract under which Company purchases such natural gas; provided that this section
does not preclude Company from using liquefied natural gas, liquefied petroleum gas,
manufactured gas, or mixed gas for peak-shaving purposes; and provided further that,
when the amount of natural gas available to Company for distribution in said
Municipality is insufficient to meet the additional requirements of connected or new
consumers, Company may prescribe reasonable rules and regulations for limiting,
curtailing, or aIlocating extensions of service or supply of gas to any customer or
prospective customer, and withholding the supply of gas to new customers, subject to
any applicable governmental rules and regulations and the jurisdiction of the Public
Utilities Commission. Gas service provided by Company to its customers in the
Municipality is subject to interruption and disturbance due to (a) conditions beyond its
control; (b) necessary maintenance and operation of its system; (c) inability of the
pipeline supplier to furnish an adequate supply of gas; (d) curtailment of gas service as
may be prudent to maintain service to priority loads or to maintain the necessary
pressure on Company's system; (e) an order or decision ofa public regulatory body;
and (f) temporary interruptions or disturbance of service. Neither Company nor
Municipality shaIl be liable for any damage or loss for interruption or disturbance of
service due to such causes.
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D:\OA T A \FRANCHISE\STILL W -G .SIfT
Section 7. Company shall have full right and authority to assign to any person, -_
persons, firm, or corporation all the rights conferred upon it by this Ordinance,
provided that the assignee of such rights, by accepting such assignment, shall become
subject to the terms and provisions of this Ordinance.
Section 8. Every section, provision, or part of this ordinance is declared
separate from every other section, provision, or part; and if any section, provision, or
part shall be held invalid, it shall not affect any other section, provision, or part.
Section 9. Company shall, if it accepts this Ordinance and the rights hereby
granted, file a written acceptance of the rights hereby granted with the Municipality
within 90 days after passage of this ordinance by the Municipality.
Section 10. This Ordinance shall be in full force and effect from and after its
passage, any publication required by law, and acceptance by Company.
Section 11. All ordinances and parts of ordinances in conflict herewith are
hereby repealed.
Section 12. The expense of any publication of this franchise Ordinance
required by law shall be paid by Company.
Passed and approved:
,19_.
Mayor
Attest:
City Clerk
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ORDINANCE NO.
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CITY OF STillWATER, WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO
CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN, IN THE CITY OF STillWATER,
MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES,
INCLUDING NECESSARY POLES, POLE LINES, AND FIXTURES AND
APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY
AND ITS INHABITANTS, AND OTHERS, AND TRANSMITTING ELECTRIC ENERGY
INTO AND THROUGH THE CITY AND TO USE THE PUBLIC WAYS AND PUBLIC
GROUNDS OF THE CITY FOR SUCH PURPOSES.
THE CITY COUNCil OF THE CITY OF STillWATER, WASHINGTON COUNTY,
MINNESOTA, ORDAINS AS FOllOWS:
Section 1. That there be and hereby is granted to Northern States Power Company,
a Minnesota corporation, its successors and assigns, hereinafter referred to as "Company, n
during the period of 20 years from the date hereof, the right and privilege of constructing,
operating, repairing, and maintaining, in, on, over, under, and across the streets, alleys,
and public grounds of the City of Stillwater, Washington County, Minnesota, hereinafter
referred to as .City", an electric distribution system and electric transmission lines, including
poles, pole lines, and fixtures and appurtenances, usually, conveniently, or necessarily
used in connection therewith, for the purpose of transmitting and fumishing electric energy
for light, heat, power, and other purposes for public and private use in and to said City and
the inhabitants thereof, and others, and for the purpose of transmitting into and through
said City such electric energy, provided that such electric distribution system and
transmission lines shall be so located as in no way to interfere with the safety and
convenience of ordinary travel along and over said streets, alleys, and public grounds,
and provided that Company, in the construction, operation, repair, and maintenance of
such poles, pole lines, and fixtures and appurtenances, shall be subject to such reasonable
regulation as may be imposed by the City Council.
Section 2. In erecting, installing, enlarging, repairing, maintaining, moving,
removing, or replacing said electric distribution system and electric transmission lines,
mcluding poles, pole lines, and fixtures and appurtenances, Company shall, in aU cases,
place the streets, alleys or public grounds, in, on, under, or across which the same are
located, in "1~ good condition as they were prior to said operation. The City Council may,
within the r8Hsonable and proper exercise of its powers, require the placing underground,
or in 8.l~Y cttWf safe ~.nd convenient position, of wires carrying electricity.
Sec\=on :;l. There is also granted to Company, during the term hereof, permission
t"\ild autbority to him all trees and shrubs in the streets, alleys, and public grounds of said
HJ9:FRMIC\l'~'r. $:<; ilLL W^ 1Efl.Elee.4.?6.95
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City interfering with the proper construction, operation, repair, and maintenance of any
poles, pole lines, and fixtures or appurtenances, installed in pursuance of the authority
hereby granted, provided that Company shall save said City harmless from any liability in
the premises.
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Section 4. The rates to be charged by the Company for electric service in the City
shall be subject to the jurisdiction of the Public Utilities Commission of this State,
hereinafter referred to as .Commission.. Company shall provide reasonably safe, efficient,
adequate and non-discriminatory service to members of the public within the City who apply
for such service in accordance with the rules and regulations of Company. Electric service
provided by Company to its customers in the City is subject to interruption and disturbance
due to (8) conditions beyond its control; (b) necessary maintenance and operation of its
system; (c) effect of operations of any interconnecting electric systems; (d) curtailment of
electric service as may be prudent to maintain service to priority loads or to maintain the
operating stability of its system; and (e) temporary interruptions or disturbance of service.
Neither Company nor City shall be liable for any damage or loss for interruption or
disturbance of service due to such causes.
Section 5. Whenever City at its cost shall grade, regrade or change the line of any
street or public place or construct or reconstruct any sewer or water system therein and
shall, when necessary and with due regard to seasonal working conditions reasonably
order Company to relocate permanently its electrical facilities located in said street or public
place, Company shall relocate its facilities at its own expense. City shall give Company
reasonable written notice of plans to grade, regrade or change the line of any street or
public place or to construct or reconstruct any sewer or water system therein. Nothing
contained in this ordinance shall deprive Company of its rights under Minnesota Statutes,
Section 161.46, as amended. If Company claims that it should be reimbursed for such
relocation costs, after it receives a written order from City to relocate, because Company
does not believe the relocation is required at its expense by the provisions of this Section
5, Company shall in writing notify the City within ten days after receipt of such order. The
provisions of this franchise shall not be construed to waive or modify any rights obtained
by the Company for installations within a Company right-of-way acquired by easement or
prescriptive right before the applicable public way or public ground was established, or the
Company's rights under state or county permit.
Section 6. The City shall give the Company at least two weeks' prior notice of a
proposed vacation of a public way. The vacation of any street, alley, public way or ground,
after the installation of electric facilities, shall not operate to deprive the Company of the
right to operate and maintain such electrical facilities until the reasonable cost of relocating
the same and the loss and expense resulting from such relocation are first paid to the
Company, except where the vacation is for the primary benefit of the City in the furtherance
of a public improvement. The City may specifically reserve a right-of-way for the Company.
HJB:FRANCHISE S:STlLL WA TER .Elec.4.26.95
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Section 7. Company shall indemnify, keep, and hold City, its officers, employees,
and agents free and harmless from any and all liability on account of injury to persons or
damage to property occasioned by the construction, maintenance, repair, removal, or
operation of Company's property located in, on, over, under, or across the streets, alleys,
public ways, and public grounds of City, unless such injury or damage is the result of the
negligence of City, its employees, officers, or agents, or results from the performance in a
proper manner of acts reasonably determined to be hazardous by Company, but such
performance is nevertheless ordered or directed by City after notice of such determination
by Company. In the event that suit shall be brought against City under circumstances
where the above agreement to indemnify applies, Company, at its sole cost and expense,
sha.1I defend City in such suit if written notice of the suit is promptly given to Company within
a period w!wrein Company is not prejudiced by lack of such notice. If such notice is not
timely given, as herein before provided, Company shall have no duty to indemnify nor
defend. If Company is required to indemnify and defend, it will thereafter have complete
control of such litigation, but Company may not settle such litigation without the consent of
the City unless City unreasonably withholds such consent. This section is not, as to third
parties, a waiver of any defense or immunity otherwise available to the Company, and the
Company, in defending any action on behalf of the City, shall be entitled to assert in any
such action every defense or immunity that the City could assert in its own behalf.
Section 8. Company shall have full right and authority to assign to any person,
persons, firm, or corporation all the rights conferred upon it by this Ordinance, provided that
the assignee of such rights, by accepting such assignment, shall become subject to the
terms and provisions of this Ordinance.
Section 9. Franchise Fee.
9.1. Separate Ordinance. During the term of the franchise hereby granted, and in
lieu of any permit or other fees being imposed on the Company, the City may impose on
the Company a franchise fee of not more than five percent of the Company's Gross
Revenues as hereinafter defined. The franchise fee shall be imposed by a separate
ordinance duly adopted by the City Council, which ordinance shall not be adopted until at
least 60 days afte r written notice enclosing such proposed ordinance has been served upon
the Company by certified mail. The fee shall not become effective until at least 60 days
after written notice enclosing such adopted ordinance has been served upon the Company
by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between
the Company and the City in regard to the interpretation of, or enforcement of, the separate
ordinance. No action by the City to implement a separate ordinance will commence until
this Ordinance is effective. No pre-existing ordinance imposing a fee shall be effective
against the Company unless it is specifically amended after the effective date of this
ordinance following the procedures of this Section 9 for the adoption of a new separate
ordinance. A separate ordinance which imposes a lesser franchise fee on the residential
class of customers then on other classifications of customers shall not be effective against
the Company.
HJB:F RANCH ISE S:STlLL WA TE R.Elec.4.Z6.95
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9.2 Tenns Defined. For the' purpose of this Section 9, the following definitions
apply:
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9.2.1 .Commission. means the Minnesota Public Utilities Commission, or
any successor agency or agencies, including an agency of the federal govemment which
preempts all or part of the authority to regulate electric retail rates now vested in the
Minnesota Public Utilities Commission.
9.2.2 .Delivery Component. of electric service means the portion of the
retail rate paid by the customer to compensate the Company for the use of transmission
and distribution facilities, including investment costs and all expenses of constructing,
operating and maintaining such facilities.
9.2.3 .Discount Rate. means a reduced electric retail rate fora customer or
class of customers approved by the Commission for service to a customer of Company
located within City to respond to competition from the threat of (i) self-generation or (ii) the
conversion of customer-equipment to use a fonn of energy other than electricity.
9.2.4 The tenn .Gross Revenues. means all sums received by the Company
from the sale of electricity to its retail customers within the corporate limits of the City,
excluding any surcharge, sales tax, miscellaneous tariff charges or any similar addition to
the Company's charges to customers for the purpose of reimbursing the Company for the
franchise fee, sales tax, or similar charge. The tenn -Gross Revenues. shall also exclude
all revenues received by the Company from the sale of electric service provided under a
Discount Rate.
9.2.5 .Supply Component' of electric service means the portion of the retail
rate paid by the consumer to compensate the supplier for electric capacity and/or energy
delivered to the consumer, including investment costs and all expenses of producing or
purchasing such capacity and/or energy.
9.3 Discount Rate Adjustment.
If the City adopts a separate ordinance as described in Section 9.1, thereafter the
Company shall give City written notice of any Commission proceedings relating to
implementation of a Discount Rate for a specifically identified customer within the City. In
addition, if both a separate ordinance and a Discount Rate are in effect, Company and City
may mutually agree by letter agreement that Company will collect a franchise fee on the
Discount Rate equal to, or the equivalent of, the fee or tax the City would have received if
the customer had elected to purchase the competing fonn of energy instead of electric
service from Company.
H JB:FRANCHISE S:STlLL WATER .Elec.4.2&.95
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9.4. . Exclusive Electric Service.
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The Company has agreed to collect and pay any franchise fee imposed pursuant
to this Section 9.4 only so long as the law allows the Company to be the exclusive provider
of both the Supply Component and the Delivery Component of retail electric service to its
defined service area within the City. The Company's exclusive service status is currently
provided under Minn. Stat. Chapter 2168.37 m seq. If the Company is no longer the
exclusive provider of both the Supply Component and the Delivery Component of retail
service within City, the Company's obligation to collect and pay a franchise fee on such
retail electric service shall tenninate upon twenty (20) days notice to City. However, the
Company agrees to collect and pay any applicable franchise fee imposed by the City on
the revenues from the Delivery Component of electric service provided by Company to
retail cllstomers located with the City under the applicable Commission-approved Delivery
Component of the Company's retail electric service rates. This franchise fee on the
Commission-approved Delivery Component of electric retail service shall apply whether
Company or another entity provides the Supply Component of the retail electric service to
such customer.
9.5 Q.ollection of the Fee. The franchise fee shall be payable not less often than
quarterly, and shall be based on the Gross Revenues of the Company during complete
billing months during the period for which payment is to be made. The payment shall be
due the last business day of the month following the period for which the payment is made.
The percent fee may be changed by ordinance from time to time; however, each change
shall meet the same notice requirements and the percentage may not be changed more
often than annually. Such fee shall not exceed any amount which the Company may
legally charge to its customers prior to payment to the City by imposing a surcharge
equivalent to such fee in its rates for electric service. The Company may pay the City the
fee based upon the surcharge billed subject to subsequent reductions to account for
uncollectibles or customer refunds. The time and manner of collecting the franchise fee is
subject to the approval of the Public Utilities Commission, which the Company agrees to
use best efforts to obtain. The Company agrees to make its Gross Revenues records
available for inspection by the City at reasonable times.
9.6 Condition of the Fee. The separate ordinance imposing the fee shall not be
effective against the Company unless it lawfully imposes and the City quarterly or more
often collects a fee or tax of the same or greater percentage on the receipts from sales of
energy within the City by any other energy supplier, provided that, as to such a supplier,
the City has the authority to require a franchise fee or to impose a tax. The franchise fee
or tax shall be applicable to energy sales for any energy use related to heating, cooling, or
lighting, as well as to the supply of energy needed to run machinery and appliances on
premises located within or adjacent to the City, but shall not apply to energy sales for the
purpose of providing fuel for vehicles. If the Company specifically consents in writing to a
franchise or separate ordinance collecting or failing to collect a fee from another energy
HJB:F RANCH ISES:STILL WA TER.Elec.4.26.95
5
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supplier in contravention of this Section 9.6, the foregoing conditions will be waived to the
extent of such written consent.
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Section 10. Every section, provision, or part of this ordinance is declared separate
from every other section, provision, or part; and if any section, provision. or part shall be
held invalid. it shall not affect any other section, provision. or part.
Section 11. Company shall, if it accepts this ordinance and the rights hereby
granted, file a written acceptance of the rights hereby granted with the City within 90 days
after passage of this Ordinance by the City.
Section 12. This Ordinance shall be in full force and effect from and after its
passage, any publication required by law, and acceptance by Company.
Section 13. All ordinances and parts of ordinances in conflict herewith are hereby
repealed.
Section 14. The expense of any publication of this franchise Ordinance required
by le.w shall b9 paid by Company.
Passed and approved:
,19_.
Mayor
Attest:
City Clerk
HJB:F RANCH ISE S: STIll W A TE R.E lec.4.Z 6.95
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MEMORANDUM
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TO: Mayor and City Council
FR: Steve Russell, Community Development Director fl-/
DA: June 1, 1995
RE: CONTINUED CONSIDERATION OF THE COMPREHENSIVE PLAN UPDATE
Since the April 25, 1995, public hearing on the Draft Comprehensive Plan, staff has held
meetings with the DNR, Met Council and city's consulting engineer to go over agency comments
and obtain additional information.
At the public hearing, 27 people spoke on the plan and comments from 47 were received in
writing (written comments and minutes were previously distributed to the city council).
Staff will prepare a summary of comments for your regular meeting of June 20, 1995. Between
now and that meeting, city staff (planning, public works, finance and the city attorney) will be
scheduling meetings with individual council members so council concerns are understood and
information, to the extent possible, provided to address those concerns.
Additional cost information regarding fiscal impacts and utility improvements can be developed.
Long Lake/Brown's Creek storm water drainage impacts can be further addressed. Additional
information on annexation and MUSA proceedings can be provided.
Staff recommends the council set June 27 as a date for a workshop to discuss and consider the
Draft Comprehensive Plan and additional information.
With specific council concerns addressed and the additional information the council should be in
a good position to provide direction for preparation of the final plan.
Recommendation:
Authorize preparation of additional fiscal impact information and cost information for sewer and
water extension ($3,530) and set June 27 as council comprehensive plan workshop meeting.
Attachments: Letter proposal from SEH to provide additional water and sewer cost estimates.
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AFSeH
3535 VADNAIS CENTER DRIVE. 200 SEH CENTER, ST. PAUL, MN 55110 612490-2000 800 325-2055
ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION
May 15, 1995
RE:
City of Stillwater
SEH File No. P-STILL9514.00
Mr. Nile Kriesel
City Coordinator
City of Stillwater
216 N. 4th Street
Stillwater, Minnesota 55082
Dear Mr. Kriesel:
As you requested, we have reviewed the requirements as listed in your memo dated May 10,
1995, for additional information related to the comprehensive plan development. This
information regards the physical facilities namely the sanitary sewer and the watermain. We
propose to provide you with the following scope of services:
1. Calculate easement dimensions required for utilities and the cost of easements.
2. Refine the sanitary sewer cost so it is delineated by each district and proposed
preliminary plat. Calculate the cost per acre for these interceptor sewers plus the sac
charges that have been accumulated from the Oak Glen project.
3. Develop a table indicating the trunk areas and associated costs.
4. Determine trunk watermain required to serve each area.
5. Develop watermain cost by the respective proposed development and calculate the
watermain cost on an acreage basis.
6. Provide a table with a detailed breakdown of the trunk watermain and associated costs
by service area.
7. Provide a table with the trunk sanitary sewer costs and trunk watermain costs together
by the service areas. This will be a recompilation of the above two separate tables.
8. Produce a computer drawing showing the trunk sanitary sewer necessary to serve the
preliminary platted areas and the trunk watermain recommended for the preliminary
platted areas. These will be shown on one drawing in color.
9. Attend two meetings with City staff to review the compiled information and finalize.
10. Provide 15 copies of the cost breakdowns and colored drawings.
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SHORT ELLIOTT
HENDRICKSON INC
MINNEAPOLIS, MN
ST. CLOUD, MN
CHIPPEWA FALLS. WI
MADISON, WI
" "
Mr. Nile Kriesel
May 15, 1995
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We shall provide these services in accordance with our standard contract dated April 1983 with
the City. We will provide these services for a maximum fee of $3,530.
Please review this proposal and let me know if this meets the intent of our meeting on May 10.
Sincerely,
~ f!l1tt;rL-
Richard E. Moore, P.E.
Manager, Municipal Department
c: Klayton Eckles, City Engineer
Steve Russel, Community Development Director
Diane Deblon, Finance Director
Dermis McKean, Board of Water Commissioners Manager V'
David Magnuson, City Attorney
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S~ 9tw t)~
'~~D/~
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MEMORANDUM
To : Mayor and City Council
From: George W. Ness, Fire Chief
Re : Request permit fees for tank removal.
The State of Minnesota requires that if a underground tank containing a flammable liquid has
been out of service for a period of 1 (one) year shall be removed from the ground in a manner
approved by the Fire Chief. Just in the month of May 1995, we had requests to remove 4 (four)
fuel oil tanks. We need a permit fee to cover time spent on inspections.
216 '1/Md. 'ltUllld Sbu!d Stttt<<'4tR, ?1e1t 550K2
(612) 439-6120
(612) 439-131K
(612) 439-1313
~ (612) 439-0456
I,-il ~.!.' -=:...J ,~IO. t:..c. j" ;,"1".0.1 I'......j I:'" ,,_ ."..1-
1,-:.... _ . 'L.o :""~
'j. '~
APPLJ~ATION FOR FIRE DE~ARTMENT CE~IIFICATE .
STORE, HANDLE O~ USE FLAMMABlE,.-L tQUros. (F3-4-5)
oAtion
usiness name
a i1 i ng address
hone #
o. of tanks/containers Capacity
o. of tanks/containers Capacity
o. of tanks/containers Capacity
o. of tanks/containers Capacity
Contents
Contents
Contents
,Contents
anks being removed or installed
umps installed or removed
usiness purging tanks
ank installer/remover
Address
No.
Phone
Phone
late & time of installation or removal
lemarks:
IOTE: The Fire Prevention Bureau shall be notified AT LEAST~24 HOURS prior
to the installation or removal of any gasoline or flammable liquid
storage tanks and before any piping from flammable liquid storage
tanks is removed or altered.
rhe underiigned hereby makes application for the above certificate and
19rees to comply with the city ordinances and rulings of the Fire
)revention Bureau, and hereby declares that all the facts and
representations stated in this application are true and correct.
I
Signed
Paid: Cash(amt.)
Check(' & amt.)
Date issued
Date expires
Renewable
~o'Renewab 1 e
Approved
By
Certificate IUO
Date
pERMIT2
^'Y 10 '95 16:04
FROM MPLS FIRE DEPT
PAGE.004
.
,4
page 3
ENT PIPING (U.~.C. 15.215-a)
Vent pipes from tanks storing Class I liquids shall be .so located 4It
that the discharge point is outside of the building, higher than
the fill pipe opening and not less than 12 feet above the adjacent
ground level. It shall discharge only upward and not be obstructed
by devices that will cause excessive back pressure. . It shall
terminate in a .safe location. It shall not be trapped by eaves or
other obstructions and shall be. at least ,five (5) feet from
building openings.
(Size of. vents - Table II - 9 NFPA #30)
i.EMOVAL OF TANKS
Tanks, which have been buried and subsequently excavated and moved,
may not. be re-installed without re-certification by the original
manufacturer or testing laboratory.
ANK REMOVAL GUIDELINES
When removing ta~ks containing flammable liquids or when making any
alterations in piping, all provisions of the Code of Ordinances
173.240 Section 79.113 s~all be. complied with. In addition, the
following will applyt
1. Permit will be required for removal of tank.
2. FIRE PREVENTION .BUREAU MUST BE NOTIFIED 24 HOURS IN ADVANCE.
Inspectors will be avail~ble Monday through Friday, 8 a.m! to
4;30 p.m. Any overtime will be at contractor's expense.
3. Tank will be pumped as dry as possible before operations are
started.
4. To prevent static electricity accumulation, tanks will be
purged with a proper ground'maintained between C02 supply and
tank.' Use 50 lb. of carbon dioxide per each 1,000 gallon
capacity of tank.
5. Vents and fill pipes will be removed and tank secured with
metal caps and plugs before tank is removed from ground.
6. ,A cable sling or choke shall be used to raise tank from ground.
'. Piping or lift hooks shall not be used for lifting nor shall
.tank be pushed or dragged from hole. Care should be taken to
prevent rupture of tank.
7. All adhering dirt shall be removed from the tank before loading
on truck for removal. The tank shall be removed at once to a
safe disposal area outside the city of Minneapolis.
8. Prope~ fire extinguishers shall be provided during removal
operations and "NO SMOKING~ signs posted in area of tank
removal. .
9. When concrete slab covers tank, adequate protection against
sparks shall be taken in breaking up slab.
10. Contractor must provide proper equipment powerful enough to
remove tanks in an approved manner.
11. Evcavation must be filled or property barricaded and warning e
lights posted at the completion of each working day.
12. DEVIATION FROM THESE GUIDELINES MAY RESULT IN REVOCATION OF
PERMIT BY THE FIRE 'MARSHAL. .
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MEMORANDUM
TO: Mayor and City Council
FROM: Klayton Eckles, City Engineer Y- tV
DATE: June 1, 1995
SUBJECT: Request for Street Lights on Curve Crest Boulevard
Discussion:
Attached is a letter from the owners of Sutler's Wine and Spirits and Simonet's Furniture Store.
These property owners are requesting that the City install street lights on Curve Crest Boulevard
from the Marketplace Project to Washington Avenue. Streetlights were installed as part of the
Marketplace Project and as part of a separate street light project in the past. There are still some
sections of the Industrial Park that do not have lighting.
In order to install lights, first we need to do a feasibility study to analyze where the lights need to
be installed and what the costs might be. This study would also determine how much to charge'
each property owner. It is possible we could do this study relatively quickly and perhaps even
include some of this work in the Marketplace contract.
Recommendation:
I recommend the City Council pass a resolution ordering preparation of report on street light
improvements.
SUTLUS
WINES & SPIRITS
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6118 OSGOOD AVE. N. . STILLWATER, MN 55082 PH. 612/439-3399 . FAX 439-3400
May 29, 1995
Mayor Jay Kimble
City Council members
Dear Mayor and Council:
As the property owners on the southern part of Curve Crest Boulevard, we
formally request that the Stillwater City Council extend the area
streetlight service. Presently, the street lights end at the eastern edge of
the Cub property. With the opening of Sutler's and Simonet's new
facilities on Curve Crest, we feel that the additional lights are necessary
to illuminate the street and the driveway areas. That section of road is
very dark and may constitute a safety problem.
The property in this area of the Industrial Park is developing rapidly and
we believe that this is the right time to address concerns such as proper
lighting. We are requesting that you direct staff to study the problem and
make recommendations to the Council. Thank you.
Sincerely,
;<1fl~ ~KaA4-
~s(f~ -
Simonet's
Andrew J. Kass
Allegra, LLC
.
-
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TOO~
.. '
1~I~e
..
FClYc A. Nelson, Esq.
Director
Government Affairs
Kmart CClrpor~on
International Headquarters
3100 West Big Beaver Rood
Troy MI 48084.3163
810 643 1~23
June 1, 1995
~'"
V"1a Fax: 612439-6456
The Hono.rable Jay Kimble
Mayor, City of Stillwater, MN
Dear Mayor Kimble:
Kmart Corporation today announced the forthcoming closings of 72 of its retail stores in
locations across the country. The stores that will close by year-md do not meet Kmartts
sales, profit and .retu:rn on investment :requirement. The Stillwater Kmart store is one of
those that will close.
A national press release is being issued this morning (copy attached) which further explains
the Company's decision.
Please feel free to call me or, in my absence, Karen Vest (81()..(;43-2701) or Leslie Kota
(810-643-5009) with any questions.
attachment
SZ:60 S6/TO/90
"
.
June 1,1995
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Mary Lorencz
Kmart Corporate Affairs
8106149599
Orren Knauer
Investor Relations
8106431040
KMART ANNOUNCES 72 STORE CLOSINGS
TROY, Mich.-Kri'lart Corporation today announced it will close 72 of its U.S. discount
stores which do not meet the company's sales, prOfit and return on investment
requirements. The stores will close beginning in late August with all stores expected to
be closed by the end of the fiscal year.
"As we focus on improving our core discount store business, management has
identified these additional stores that do not meet Kmart's return on investment
requirements," said Donald W. Keeble, executive vice president, store operations. "As
we continue to strengthen Kmart's core business, we will insist that our stores fully
meet these investment standards."
The closing costs for these 72 stores have already been provided for in the $1.348
billion store restructuring provision recorded in the fourth quarter of 1993. The U.S.
Kmart store modernization program is on schedule with approximately 150 projects
(new stores, expansions and refurbishments) planned for 1995, including 22 new Super
Kmart Centers and 43 new Kmart dIscount stores.
As a result of these store closings, the jobs of 5,800 Kmart associates will be
eliminated. Hourly associates will receive certain benefits including counseling through
the company's Employee AssIstance Program as well as lump sum payments to remain
with Kmart until the actual closing date. Store managers whose jobs will be eliminated
as a result of the store closings will receive severance packages, certain benefits and
out placement counsefing. Other management positions affected may be eligible for a
store closing incentive bonus plan.
'We appreciate our management, store associates and our customers for their support
over the years, n added Keeble.
#1#
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600 III
96:60 S6/l0/90
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May 25, 1995
STILLWATER TOWN BOARD MEETING
Town Hall
7:30 P.M.
PRESENT:
Chairperson David Johnson;
Jerry Hicks, Jack Takemoto
Treasurer Warren Erickson,
Attorney Tom Scott.
Supervisors Louise Bergeron,
and David Francis. Also,
Engineer Paul Pearson and
1. AGENDA - M/S/P Hicks/Takemoto moved to adopt the agenda as amended.
(4 ayes)
2. MINUTES - M/S/P Bergeron/Hicks moved to approve the 5/11/95 Town Board
Meeting Minutes as written. (4 ayes)
3. TREASURER-
1. Report given.
2. M/S/P Bergeron/Takemoto claims #384 - #404
were approved for payment. (4 ayes)
4. ATTORNEY-
1. Wahlin Outlot Deeds - M/S/P Bergeron/Takemoto
moved to authorize the Chair to sign the Wahlin
Outlot Deeds for recording. (4 ayes)
2. Rivard Hearinq - David .Johnson will be present
at the hearing.
3. Jacobsen Violations - The Attorney will write
to Mr. Jacobsen that he will be prosecuted if
he does not attend the next Town Board Meeting
and get a grading permit. Also to be mentioned -
the building code violations.
4. Clerk will arrange for managed care for Workers
Compensation.
5. ENGINEER-
1. Wahlin Gradinq Permit - M/S/P Takemoto/Bergeron
moved to grant a Grading Permit to Mr. Wahlin
conditioned upon:
1. Letter from Paul Pearson.
2. Carnelian Watershed approval.
(4 ayes)
2. Street and Trail .Specs - M/S/P Bergeron/Takemoto
moved to approve Stillwater Township Specifications
for Street and Trail Construction. Originally 1990,
revised 1992, and 1995. (4 ayes)
David Francis arrived.
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3. 1995 Road Budqet - M/S/P Takemoto/Bergeron moved
to approve the 1995 Road Budget of $162,000.00;
1. $36,572.00 for seal coating.
2. All patching.
Stillwater Town Board Meeting - 5/25/95
Page Two
3. 2 inch overlay Newgate," 107th Street, Old
Deer Trail and 1 1/2 inch overlay Stonebridge.
(5 ayes)
6. PUBLIC WORKS -
1. Carlson Arbitration - Louise Bergeron reported
on the Carlson Arbitration. Waiting to hear
results.
2. Stonebridqe Trail - Motion Failed Hicks/Bergeron
moved a 4 way stop at Penfield and Stonebridge.
(2 ayes, Francis/Johnson/Takemoto nays)
M/S/P Takemoto/Bergeron moved to direct our
Peace Officer to put a high priority on speed
patrolling on Stonebridge. A weekly effort
schedule to be effected until further direction.
(5 ayes)
3. Curtiss Hills Trails - Louise Bergeron reported
about the complaint regarding rough trails at
Curtiss Hills. She has spoken to Ron Vincent
about smoothing out the trail.
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7. FUNDINGSLAND VARIANCE - M/S/P Francis/Takemoto moved to adopt the
Fi"ndings af Fact and decision re: The Fundingsland Variance.
(3 ayes, Bergeron/Hicks nay)
8. CLERK - Reported that money has been sent for a tree in memory of Cecile
Kit t 1 e son to be p 1 aced i n the Otto Berg Park. D i an e 0 I Bryan will be asked
to help with this as well as follow the progress of T.I.F. Money.
9. CHAIR REPORTS -
1. Open Space Preservation Committee looking for
money to continue their work.
2. Impressed with the manner the County is dealing
with input from the Community re: The Proposed
Comprehensive Plan.
3. June 6 the Stillwater City Council may be dealing
with annexation.
10. ADJOURNMENT - Meeting adjourned at 11:10 p.m.
Clerk
Chairperson
Approved
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W ASIllNGTON COUNTY
Dennis C. Hegberg
District 1
COUNTY BOARD AGENDA
JUNE 6, 1995,4:30 P.M.
Mary Hauser
District 2
WaRy Abrahamson
District 3/Chalnnan
Myra Peterson
District 4
Dave Engstrom
DI.trict 6
1. 4:30 ROLL CALL
2. CONSENT CALENDAR
3. 4:30 RESOURCE RECOVERY PROJECT - J. TURNQUIST, PROJECT MANAGER
TRANSFER OF FUNDS
4. 4:35 PUBLIC WORKS DEPARTMENT - D. WISNIEWSKI, DIRECTOR
PLANNING PROCESS FOR BURLINGTON NORTHERN RAILROAD
RIGHT-OF-WAY FROM HUGO TO THE CHISAGO COUNTY LINES
5. 4:40 AUDITOR-TREASURER'S OFFICE - R. STAFFORD, AUDITOR-TREASURER
AUDITOR-TREASURER'S OFFICE 1994 ANNUAL REPORT
6. 4:55 GENERAL ADMINISTRATION - J. SCHUG, COUNTY ADMINISTRATOR
REVIEW OF 1995 LEGISLATIVE SESSION - SUSAN LADWIG
7. 5:10 DISCUSSION FROM THE AUDIENCE
VISTTORS MAr SHARE 11lEIR CONCERNS W117l71lE COUNTY BOARD OF COMM/SSIONERS ON ANY ItEM NOT ON 71lE AGENDA. 71lE CHAIR WILL DIRECT 71lE
COUNTY ADMIN1S11fATOR ro I'fIEPAllE BESPONSES ro YOVR CONCERNS. YOU AllE ENCOURAGED NOT ro BE REPE1T110US OF PREVIOUS SPEAKERS AND TO
LIMn' YOVR ADDRESS TO FIVE MINU1l:S.
8.
COKKISSIONER REPORTS - COMMENTS - QUESTIONS
nus PE1l1OD OF 11ME S1WL BE USED BY 71lE COMMISSIONERS ro REPORT TO 71lE FUU BOARD ON COMMTI7EE AC11VlT1ES. MAKE COMMENTS ON MATIFJIS
OF IN1FREST AND INFORMA110N, OR lWS'E QUES110NS TO 71lE !f1'AFF. nus ArnON IS NOT IN1ENDED TO RESULT IN SUBSTAN11VE BOARD ACT10N DURING
nus TIME. ANY ArnON NECESSARY BECAUSE OF DISCUSS10N WILL BE SCHEDULED FOR A FU1VRE BOARD MEETING.
9. BOARD CORRESPONDENCE
10. 5:25 ADJOURN
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MEETING NOTICES
Date
~ June 7
Committee
Tiae
Location
Plat COmmission
9:30 a.m.
Washington County Government Center
II you tIHd a.._nee dw to di.bility 01' Ietlf1lJe(lfl berrier. p/M. cell 430-6003 (TOO 439.32201
EaUAL EMPLOYMENT OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER
WASHINGTON COUNTY BOARD OF COMMISSIONERS
CONSENT CALENDAR **
JUNE 6, 1995
The following items are presented for Board approval/adoption:
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DEPARTMENT/AGENCY
ADMINISTRATION
ITEM
A. APPROVAL OF THE MAY 9, 1995 BOARD MEETING MINUTES
B. APPROVAL TO APPOINT COMMISSIONER ABRAHAMSON TO THE METROPOLITAN RADIO BOARD.
C. APPROVAL OF RESOLUTION SUPPORTING THE PROPOSED RULE CHANGE IN WATERCRAFT SPEED-
LIMIT ZONES FOR THE SOUTH HUDSON BAY AREA OF THE LOWER ST. CROIX RIVER.
AUDITOR-TREASURER
D. APPROVAL OF THREE DAY ON SALE NON-INTOXICATING MALT LIQUOR LICENSE FOR SCANDIA
FASTPITCH SOFTBALL TOURNAMENT, JUNE 23, 24 & 25, 1995.
E. APPROVAL TO ORDER A REAPPRAISAL OF TAX FORFEITED PARCEL 72800-2540, REMAINING
UNSOLD AFTER THE 1992 PUBLIC AUCTION AND WITHDRAWING SUCH PARCEL FROM SALE UNTIL
IT MAY BE OFFERED AT A FUTURE PUBLIC AUCTION.
F. APPROVAL OF RESOLUTION AUTHORIZING THE REPURCHASE OF TAX FORFEITED LAND BY
JAWETO PARTNERSHIP.
G. APPROVAL OF RESOLUTION AUTHORIZING THE REPURCHASE OF TAX FORFEITED LAND BY
EIGHTIETH PLACE, OWNER.
COMMUNITY SERVICES
H. APPROVAL OF AMENDMENT TO THE 1994 CONTRACT WITH BOSTON HEALTH CARE, INC.
I. APPROVAL OF A COOPERATIVE AGREEMENT BETWEEN THE MINNESOTA STATE COLLEGES AND
UNIVERSITIES AND THE WASHINGTON COUNTY COMMUNITY SERVICES DEPARTMENT FOR PROGRAM
YEAR 1995.
COURT SERVICES
J. APPROVAL OF RESOLUTION AUTHORIZING THE JUVENILE RESTITUTION GRANT FOR PERIOD OF
JULY 1, 1995 THROUGH JUNE 30, 1996.
K. APPROVAL FOR COUNTY BOARD CHAIRMAN AND COUNTY ADMINISTRATOR TO ENTER INTO
AGREEMENT WITH THE MINNESOTA BOARD OF WATER AND SOIL RE.SOURCES FOR WELL SEALING
COST-SHARE GRANT IN THE AMOUNT OF $14,000.
L. APPROVAL FOR THE DEPARTMENT OF HEALTH, ENVIRONMENT AND LAND MANAGEMENT TO
PUBLISH NOTICE OF AVAILABILITY OF FORMULA MATERNAL-CHILD HEALTH GRANT FUNDS
THROUGH THE COUNTY BOARD OF HEALTH FOR CY 96-97.
HEALTH, ENVIRONMENT AND
LAND MANAGEMENT
HUMAN RESOURCES
M. APPROVAL OF SPECIAL PROJECT .6 ACCOUNT CLERK II POSITION IN THE ACCOUNTING
DEPARTMENT FROM JUNE 5 THROUGH DECEMBER 31, 1995.
PUBLIC WORKS
N. APPROVAL OF SPECIAL PROJECT PUBLIC INFORMATION AIDE POSITION IN THE OFFICE OF
ADMINISTRATION FROM JUNE 8 THROUGH DECEMBER 31, 1995.
O. APPROVAL OF RESOLUTION AWARDING THE CONTRACT FOR PAVEMENT PRESERVATION OVERLAY
PROJECTS TO VALLEY PAVING, INC.
P. APPROVAL OF RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO
PERFORM SPEED SURVEYS AND SAFE SPEEDS ON CSAH 4, 7, 11 AND CR 4A AND 55.
Q. APPROVAL FOR THE BOARD CHAIRMAN AND COUNTY ADMINISTRATOR TO EXECUTE THE
MINNESOTA TRAIL ASSISTANCE PROGRAM APPLICATION WITH THE STATE OF MINNESOTA FOR
REIMBURSEMENT OF TRAIL COSTS TO THE STAR TRAIL ASSOCIATION.
R. APPROVAL OF AMENDMENT NO.1 TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH
SHORT ELLIOTT HENDRICKSON INC. FOR ENGINEERING SERVICES ON THE CSAH 21 PROJECT
IN BAYPORT AND OAK PARK HEIGHTS, NOT TO EXCEED $10,600.
..Consent Calendar items are generally defined as items of routine business, not requiring discussion, and appro.
in one vote. commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action.
..
. ~ .' :..,.--:.~...,':,~ ......f.. ~~.:~,;~/.~: ~.i~.':.~ ~:' .~,t:"':'.l;..;- " . .:', ....1'... . ;.... ',.:' ~.I:.' ~ j -'~.:'..:.. . :......... ..
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m .. w
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.' ;~ ". . .- '..' '". . '. ,',' ~". . . . . : . ....
, " '.:;:']f.'1';~",'::::t;~1;;~~~;~~j~;:c",'
STILLWATER
GOOD
SAMARITAN
CENTER
. . . '11i.e Jllavisory 'BoaTa, '1\.~uunts & Staff of
Stillwater (jooa Samaritan J{ea[tli Care Center
Coraia[{y Invite 9'ou to Join 'Us as 'We
Cefe6rate .the (jrana Opening
of our Nsw 5l.aaition
SunaaYJ June 25J 1995
1:00-4:00 p.m.
.1119 g{prth Owens StreetJ Sti[[wate1j :M:J{
.439.7180
~ .~. '. ~~ .:
. './{$freslinunts 6" 'Enttrtainnunt
wif[ 6t prcrJitftrf
'.;
"'-', .
-, ..-."...."
.' '- '-', ...
.... .-,....
. .1: i. '. ~
". ",
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JUrJis01!f 1Joarrf MemierS:
. 'Iriug t}]ag[if{ .
qfenna 'lJeafK..a
.June 'Eagfeton
S/ie1!f[ 'E- Mars/iaf{
. Leonara !J{atfeau
Peter PoliJa
;Tat/ier Micliae[ SKfU$aceK..
q)a'l/e Swanson
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Stillwater Public Library
223 North Fourth Street
Stillwater, MN 55082
Board of Trustees
Minutes
May 2, 1995
Members: Doeksen, Freeman, Gorski, Kalinoff, Maybanks, Nelson*, Ruch,
Sandeen. Director: Bertalmio.
* Absent
1. Call to order:
There being a quorum present, the meeting was called to order at 7:04 p.m.
by President Sandeen.
2. Adoption of the agenda:
The election of a Secretary following Ves Child's resignation was added to
Item 7 E.
3. Communications and Public Commentary - none.'.
4. Consent Calendar:
Moved to adopt the consent calendar, including payment of bills in the amount
of $11,252.80. Seconded. Motion passed unanimously.
5. POlicy and Service Review: Financing Library Services.
Discussion of maintenance of effort, relationship of library to Stillwater
Township, status of fundraising efforts in conjunction with the St. Paul
Foundation. Further exploration of financing option was remanded to the
Long-Range Planning subcommittee.
6. Old Business:
A. Staff name tags: Bertalmio reported that staff expressed strong preference
to tags that identified them as staff members but did not give their
names. Item deferred to June meeting when Nelson would be in
attendance.
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Minutes - Trustees meeting
May 2, 1995
page 2
7. New Business:
A. Board Vacancy: Discussion of need to seek additional candidiates for
the board vacancy created by Ves Child's resignation. Freeman
suggested that the board consider interviewing candidates personally
before making appointments. Agreed that the Director would circulate
applications at the June meeting, at which time discussion about
interviews could continue. Plan would be for a small subcommittee to
interview candidates in the latter half of June, with a recommendation for
appointment in July.
B. Recommendations for fee schedules for the St. Croix Collection
(Document B) discussed. Motion to approve. Seconded. Passed
unanimously.
C. Paulson bequest. Bertalmio announced receipt of a $50,000 bequest
from Lolita Paulson. Board requested that Bertalmio explore options for
investing money.
D. Preliminary 1996 Budget. Bertalmio noted that the Finance Committee
needs to meet to review preliminary budget. Freeman agreed to fill
Child's slot on the Finance Committee.
E. Other: Election of Secretary. Motion to nominate Sue Nelson as
Secretary. Seconded. Motion passed unanimously.
8. Adjournment: Agenda items being completed and there being no other
business, President Sandeen adjourned the meeting at 8:08 PM.
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CJ-f:ARTT'R COMMISSION
City of StiCCwater
May 1, 1995
Mayor Jay Kimble and Members of the City Council
City of Stillwater
216 North 4th Street
Stillwater, MN 55082
Dear Mayor Kimble and Councilmen:
I -
The Charter Commission is currently reviewing city boards and commissions and the
charter provisions which govern them. In reviewing old minutes, we noted that
previous Committees reviewed the water board and that they were provided with
pertinent information from both the water department and city hall. Our group would
also like to look at the water department, its advantages and disadvantagesf and to that
end, we are requesting any previous or new information you may care to share with
us.
Dennis McKean and Jack Jewell attended our April meeting, and we would like to
extend a similar invitati our representative to come to our regular
monthly meet in at 7 p.m. on June 19th.
Printed materials can be sent to me at 3018 Marine Circle or you may reach me during
the day at 439-3838.
Yours truly,
kd~)J~
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Laurie Maher
Chair
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CLAIM AGAINST CITY OF STILLWATER
-NAME OF CLAIMANT ~\~ ~~~
ADDRESS \1.., -, fV\l'~t.,noV\ Or ) &\\\~ PHONE NO. L\3C\ -I \q~
. 'K-\
WHEN DID EVENT OCCUR? ~-^("'.j .cv\~~mj rk (Y\~) ~ -
WHERE DID EVENT OCCUR? L~~_L.~e... SoP\-~\ ~.\~
WHAT HAPPENED? (l ~ eP-\-
\bov... t>\~
WHY 00 YOU FEEL THAT THE CITY WAS AT FAULT? \Jje... ~~e.A ~-e.. ~~e.\~~
fk~ ~ c.\~ ~(".. \$ . GO (l-!.lC\~ r r.,. ~(\d n~~ c..Okc
~~ ~~ \ ~~ ~ \c>(.\L~ &.-'<'e.. 'ro..d. -n..<2 ~\j
t\b~r \.o\d. u..~ ~Ov+, n\-,^~O->'~ ~ WDU.\d V)()~ cf \'-c.pt-
b~(" ,""\c.Lt:(' i n ~("e .
STATE THE:' NATURE uF THE DAMAGE AND THE COSTS ASSOCIATED (l. G~ o..V\.d \Ca.r-
'P\~ r ) L.~ ~\) '.5 I L. G~ cfl p6\,) l!L Q,()~ rt \c...~\. \.i!N-\'S )
~~ f'J... ~~ r:e <5~\~~ <,.a..v'\:J \..v.e.<'c... S~\~V"Ill0\o.,\iJ~{g5S.0o
NAME OF PERSON MAKING REPAIR; OR GIVING CARE
cS-\"\-QS
DATE
?7U~
GNATURE
You have to formally notify the City in writing within thirty (30) days of the
occurrence of an event whereby you feel you have suffered damages.
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APPLICATION FOR LEASE
TOURNAMENT /LEAGUE NAHE
~~~~ CC~~10
;\J\.~~
E.~9-\..~~\~C\ \{bW"N: ld:\W\"'K)~,-,\.l~
TOURNAMENT /LEAGUE DATES
s
lo . ,)
\
TOURNAMENT/LEAGUE DIRECTOR
(games must end by 11:00 P.M.)
\
~ \-'"\8tE=... ~ Lo~~~\E: ~\€\\-\~~\
1
ADDRESS Ce<i\ ~,~~~~~, PHONE~fli'S)2.L(f)-~~\\
~"-\~ \_~ '54CY2..S- "" ___
SPONSORING TEAM ORGANIZATION N\ \ ~1~tSl}\H CO\-v... ~\2<:; ~~sW\\C \:\-
*********~7.****************1~****1:~~*****~~****1~*********1~*****************
TO BE COMPLETED PRIOR TO TOURNAHENT:
1) If beer is to be served (3.2% only) a permit must be obtained through
City Hall, 216 North Fourth Street.
2) Police coverage obtained through the Stillwater Police Department, at
City Hall, and must have officer o~ duty when beer is being served.
3) All fees are to be paid upon submiting application, and are not refund-
able if a Thirty Day notice of cancellation is not given.
4) Tournament Director must check with the manager of r++~ ball~ W~,_s~oa-
.Qr.... llJ > ~3~ 1>>1. fle~ OJft<.:I~,,'C '/.5'9- ~S6 /
5)
TO BE COMPLETED AFTER TOURNAMENT:
1) The field and surrounding area picked up.
2) All equipment in concession cleaned.
3) All keys returned to manager.
TOURNA~1ENT FEE ......................... $
/'5'0
~
LEAGUE FIELD FEE ....................... $
HIsCELLANEOUS FEE ...................... $
TOTAL
$
/ .5-0 ~
ALL FEES DUE IN ADVANCE
r -
I HAVE READ THIS APPLICATION AND ATTACHED CONTRACT AND AGREE TO ALL CONDITIONS
TOURNAMENT DIRECTOR.v~1.J/~ ~) DATE ~
LEAGUE DIRECTOR 1...-/
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eiL, 01 g.t~ ·
WASHINGTON COUNTY, MINNESOTA
RECEIVED OF
Fasi
FOR
" Gl.v'\..()a.rrY\.Q.... ~ -
~ot.
CODe
AMOUNT
ISO,Du
BY
48010
,0\,'0
,,5/(
19 95
'1"""-1..:. .....I:..."....,t........,...... ...
'''-~
C.;:] 1 UPR
r-nT=': 5/11/95
T Ii':E 12: 45 : IlI'f
STILLWATER POLICE DEPARTMENT
INITIAL COMPLAINT REPORT"
952tZl35&5
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LQCATI6N OF INCIDENT:
DRTE REPORTED: 5/10/95 TIME REPORTED: 1&:21:04 DISPATCHER: MASEIM
C::RID: 410
1200 GREELEY ST S
LILY LAKE SOFTBALL FIELD
STILLWATER MN 55082
OFFICERS ASSIGNED:
INCIDENT RECEIVED BY: OTHER
218
FELSCH
NAMES ASSOCIATED
WITH THIS INCIDENT: MICHAEL ALBERT
MARYKNOLL DRV
STILLWATER MN
PHONE: (H) 439-717& (W)
SEX:M DOB:
ASSOCIATION: COMPLAINANT
THEi-T
SEE OFF Cir1NTS.
OFFICER COMMENTS:
CLASSIFIED AS:
ASrt1US
55082
TALKED TO ASMUS RE: A THEFT THAT TOOK PLACE AT THE LILY LAK~
SOFTBALL FIELD OF FRIDAY. IN TALKING TO HIM~ HE SAID AN
OFFICER HAD TALKED TO HIt>1 EARLIER, BUT HAD TO LEAVE AND P!F.
OFFICER NEVER SHOWED UP AGAIN. HE SAID HE WAS SPONSERING 0
SOFTBALL TOUNAtt1ENT, l.JHEN HE LOCKED UP THE BROl.JN SHACK, l.JH! ::t
IS IN THE PARKING LOT AND LEFT THE FOLLOWING ITEMS IN THr
SHACK, WHICH WERE STOLEN:
1) 2& COMPACT DISCS - VARIOUS ATRISTS.
2) MAGNOVOZ CD PLAYER - $185.00.
3) TWO CASES OF PEPSI POP - $1&.00
4) ONE BOX OF KIT KAT CANDY BARS - $13.00
5) ONE BOX OF SKITTLES - $13.tZl0
I ASKED HIM IF HE HAD ANY SUSPECTS AND HE SAID NO. HE ALSD
TOLD t>1E THAT HE HAD LEARNED THAT THE LOCK, WHICH LOCI{ED TI1;:.
DOOR ON THE SHED WAS IN POOR CONDITION RND WAS EASLILY orLj:-
ED WITH AN INSTRUMENT. HE HAD TALKED TO ONE OF THE PARK Ell.-
PLOYEE'S, WHICH TOLD THEM THE CITY OF STILLWATER WAS THE
OWNER OF THE SHACK. THERE ARE NO SUSPECTS AT THIS TINE. CU:';.
RTED.
THEFT-501-2500-FE-BUILDING-OTHER PROP
TC02C)
STOLEN PROP: RCV CAT BRAND
77
DESC: VARIOUS CD'S
MODEL
SER I AL NUt>1BER
COLOR
v AU tr
300. 'Z
2& tt1AGNAVOX
DESC: CD PLAYER
185._
,\:1A u lit
1>t:,:.I' ,,'
ff:r',.. a
:~(:,::7;J -
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,
G1UPR
DATE 5/11/95
TIME 12:45:04
e
STILLWATER POLICE DEPARTMENT
INITIAL COMPLAINT REPORT
952035&5
DATE REPORTED: 5/10/95 TIME REPORTED: 1&:21:04 DISPATCHER: MASEIM
e
08 KIT KAT/SKITTLE
DESC: BOXES OF CANDY
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MIRIAM I. CARDOZO, ESQ.
. 165 West End Avenue
New York, NY 10023
(212) 721-7256
City Clerk
City of Stillwater
216 N. 4th Street
Stillwater MN 55082
Superintendent .
Public Works Dept.
City of Stillwater
216 N. 4th Street
Stillwater MN 55082
Clerk of Court
Washington County
14900 N. 61 st Street
Stillwate; MN 55082
May 23,1995
r
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Dear Sirs,
This letter serves to notify you, pursuant to Minn. Stat. 466.05, of a claim under Minn. Stat.
466.02.
Before dawn on November 28, 1994, at approximately 5:45 a.m., Mr. Adam M. Charney,
a resident of New York City, and visitor to Stillwater, Minnesota, fell into an uncovered,
unsecured manhole in front of 1007 Pine Tree Trail. The manhole cover was found later that
morning approximately 30 feet away from the manhole. As a result of the fall, my client has
incurred lower back injuries, and has thus far required $2,000.00 worth of medical
treatment.
My client requests reimbursement from the City of Stillwater for the expenses incurred in
treating his injuries. By making this request, Mr. Charney does not waive his rights to
proceed against the City of Stillwater for damages in the future should his injuries continue
to require treatment.
Sincerely,
.' ir;~
Miriam I. Cardozo, Esq.
e
LG220
(Rev. AnIll3)
Minnesota Lawful Gambling
Application for Authorization for
Exemption from Lawful Gambling License
FOR BOARD USE ONLY
FEE CHK
INIT DATE
Fill in the unshadad portions of this applica60n for exemp60n and
.... .. q. ... q.. .sen~. it if) .H...t ~ d.ay'~before yourgambling activity forpfcx;essing.
[Name:Q1id4ddress<ofOrganfZation.'/ .' . q . .... q,>,,<, .. .\'/:"
Organization Name CUlTenllprevlous license number
Church of St. Michael
&~. C~
218 E. Willard St. Stillwater
Chief Executive Ofllcer Daytime Phone Nurmer
Michael C. Sk1uzacek (61V 439-4400
:::ijjp~:Of.iy'OliijJrlj.fitofiiariiZatiorl ....
/
/
CUlTenllp~v1ous exelllll number
. State
MN
z~ code
55082
County
Treasurer
Quentin Heimerman
Daytime Phone Number
(612) 439-4964
. -. . .... .
..-. ....-.' ,....
.... .....' . ... ,.
._. - ...... d.
. ". -..-' ..... -.
Check the box below which indicates your type of organization
o Fraternal
o Veterans
U9 Religious
o Other non-profit
'GcuJ1blin.g .'Site.>
Name of site where adMty will take place
Parish Center
Stl1l8t 218 E. Willard ~~:: "si:'iiiwai:.e~ownshlp
Check the box that indicate. your proof of nonprofit
status and attach a copy of the proof to the application.
o IRS designation
o Certification of good standing from the Minnesota
Secretary of State's office
o Affiliate of parent nonprofit organization (charter)
. .", -.' ....
".,. H"d. ......
.. ... ......... '_d
. ".,-.,. .-...
. .. .. .-... . ....
..... '. ... ... ........
. . ....... .........-..- ........
. - . ... .... ....... ......
.... ... ........ ...... ...
. . ... . . . - .. ....... .
...... . ..............
... ...-...-......
&a1e
MN
MN
z~ ~082
County
Washington
Dale(s) of aclMty (tor rallies. lndIcale the date of the drawing)
July 29 and 30, 1995
,:7jJiieii/(Jf.ic;~~: ...:.qp,."..:, ..........
....d.......... _'
......... .......
. .... ...
.. .:::.:::.::::~:::i:::)~~~~~;::~~::N'Z:~:'..::;:.::.:::':;;::::t::}:::::::I:::j:!!I~~~~~::::!:
Game(s
Bingo
Raffles
Paddlewheels
Ti boards
Pull-tabs 0
I declare all information submitted to the
Gambling Control Board is true, accurate,
and complete.
hlar ExllCutIV.()ffic.~r.s Slgnatura astot: ...... Data
'Loccil:Urdt::Df:,GOvemmentAcknowledgnieni::)<. ..... . ...... ..... .. .. ....
I have received a copy 01 this appllcallon. This appllcallon wi. be reviewed by the Gambling Control Boan:l and will become ened\ve 30 days Irom the dale of
rece~t by the c~ or county, unless the local unit 01 government passes a resolution to spec:llleally prohlbll the adMty. A copy 01 that resolution ITKlst be ~c:elved
by the GambAng Control Board wlllln 30 days 01 the dale IlIed In below. CIties of the lirst dass have 60 days In whlch to disallow the adlvlty.
or County Township Township is
C~ I unty name Township name 0 . ed
orgaOlz
o unorganized-
o unincorporated-
- Attach letter
Signature of pelSon ~celvlng appllcallon
s-
TIlle
Dale Received
This form ill be made available
in alternative format (Le. large
print, braille) upon request.
Mail with $25 permit fee and copy of
proof of nonprofit status to:
Gambling Control Board
1711 W. County Rd. B, Ste. 300 S.
Roseville. MN 55113
White. Original
Yellow - Board returns to
Organization to complete
shaded areas
e
I'
. STAFFREQUESTITEM
e
DEPARTMENT Administration
~ETINGDATE
June 6, 1995
DESCRIPTION OF REQUEST (Briefly outline what the request is)
Attend Minnesota Municipal Clerks Institute
July 17-21, Earl Brown Continuing Education Center, U of M, St. Paul
(second year of three year certification program for Municipal Clprk~)
FINANCIAL Th1PACT (Briefly outline the costs, if any, that are associated with this request and
the proposed source of the funds needed to fund the request)
.............
Registration fee: $310 (in budget)
ADDITIONAL INFORMATION A IT ACHED
YES --L NO_
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A
MINIMUM OF FIVE WORKING DAYS PRIOR TO TIIE NEXT REGULARLY SCHEDULED
COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIM.. PACKET.
SUBMlITED BY
Morli Weldon, City Clerk
DATE May 22, 1995
e
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~~~-~. ~. :..:...
1
.................................. ........
About the Program
T he Municipal Clerks and Finance Officers Associa-
tion (MCFOA) and the University of Minnesota
invite you to participate in the Minnesota Municipal
Clerks Institute (MMCI). The MMCI is a three-year The
continuing education program leading to professional institute
accreditation. Individuals successfully completing the . '11xperience
three-year certification program are awarded 50
educational points toward the designation Certified helps I
' ,,-
Municipal Clerk (CMC) by the International Institute of part!cipants
Municipal Clerks (IIMC). In addition to the educational
.'._".~'~-~ !
points, 50 experience points are also required to receive build a I
1
the CMC.
The MMCI, following IIMC professional develop- t
I
ment guidelines, recognizes the critical role of the "1" .
municipal clerk and finance officer in serving both large
and small cities. Planned by a committee of clerks, the I
program emphasizes professional development in the
I
areas of public administration, social and interpersonal I
skills, and special topics addressing emerging issues in formal
..
the field. h sessions ~
The program provides ample opportunity for end. I
discussion and idea sharing among clerks and finance !
officers participating from throughout Minnesota. The t
institute experience helps participants build a network l
for problem solving that continues after the formal I
sessions end. Completion of the institute is an impor-
tant step toward professional achievement. i
I
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~
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.................................... .
e
Pmg /'(/ 11/ fo /' y" II r 2 .
Minnesota Municipal Clerks Inslilute
Earle Brown Center, St. Paul Campus, University of Minnesota
July 17-21, 1995
Monday, July 17
8:30 a.m.
12:15 p.m.
1:00
5:15
Tuesday, July 18
Organlzalional Communication and Conflict Management
Thomas Fiutak, Associate Director, Center for Conflict and
Change, University of Minnesota
Luncheon
Effective Written Communication
Jan DeNoble, Writing Consultant
Adjourn
8:30 a.m.
10:30
12:15 p.m.
1:00
5:15
Insurance In Municipalities: Workers' Compensation, Liability,
and Loss Control
Peter Tritz, Administrator, League of Minnesota Cities Insurance
Trust (LCMIT)
Insurance, continued
Luncheon
Organizational Communication and Conflict Management,
continued
Adjourn
8:30 a.m.
Wednesday, July 19
10:30
12:15 p.m.
1:00
5:15
Intergovernmental Relations: Federal Trends and Local
Government
Gary Carlson, Director, Intergovernmental Relations, League of
Minnesota Cities
Demographics and Emerging Public Policy Issues for
Municipalities
. Martha McMurray, Demography, State of Minnesota Planning
Mike Munson. Sr. Planner. Metropolitan Council
Luncheon
Problem Solving Approaches for Professional Effectiveness
and Problem Solving "Swap Shop"
Karen Ray, Principal, Karen Ray and Associates
Adjourn
(
e
.....................................
Pmg/'IIII/ lo/' }('l//' 2
Minnesota Municipal Clerks Institute
Earle Brown Center, St. Paul Campus, University of Minnesota
July 17-21,1995
Monday, July 17
8:30 a.m. Organizational Communication and Conflict Management
Thomas Fiutak, Associate Director, Center for Conflict and
Change, University of Minnesota
12:15 p.m. Luncheon
1 :00 Effecllve Wrlllen Communi call on
Jan DeNoble, Writing Consultant
5:15 Adjourn
Tuesday, July 18
8:30 a.m. Insurance In Munlclpalllies: Workers' Compensation, Liability,
and Loss Control
Peter Tritz, Administrator, League of Minnesota Cities Insurance
Trust (LCMIT)
Insurance, continued
Luncheon
Organizational Communication and Conflict Management,
continued
Adjourn
10:30
12:15 p.m.
1:00
5:15
Wednesday, Juty 19
8:30 a.m. Intergovernmental Relations: Federal Trends and Local
Government
Gary Carlson, Director, Intergovernmental Relations, League of
Minnesota Cities
10:30 Demographics and Emerging Public Policy Issues for
Municipalities
Martha McMurray, Demography, State of Minnesota Planning
Mike Munson, Sr. Planner, Metropolitan Council
12:15 p.m. Luncheon
1:00 Problem Solving Approaches for Professional Effectiveness
and Problem Solving "Swap Shop"
Karen Ray, Principal, Karen Ray and Associates .
5:15 Adjourn
r illwater
~ - - ~
THE BIRTHPLACE OF MINNESOTA i)
e
APPLICATION FOR PERMIT TO CONSUME
Home Phone
WOik Phone
~.9~- pO~(~'2_~
LL./})wtc,
(Last)
Birth Date &,
Zip .,<:::;: ~o A <""2-
'-1.3 0 - II to 4,
Name of Organization U z~'"l'Z -R ~ .s D r-=
Applicant Name (Full) {<-.. 0 ~ e.f2.-..r
(First)
Street Address S 8 R 0 (() Aft- i-uL ~ "--.J <:>
City S -{-., ( (Lv f\-n~
Fo62 6-/~ ~ l.A..J
:Nt ELi! 10
(Middle - Full)
State It )J
location of Event LOWE / / P !1R.(C, Date /oJLtAJ 7~ime II,' 00 a.m.l~. - .j~I"O() ~.Ip.m.
Number of persons expected /,,100 (if over 75, police officer required)
Purpose (softball game, wedding, etc.) Fu i-.JJ) (<AfSl:.-1L _ "f?::> (2. ~f (!O(1I2J~ t::,f: (I::JOl-J' Pf2aF/r)
Type of activity (fund raiser, dancing, music, etc.) A-u C It 0 ,0 ~_"b fL., lJ > f1J J4.../2 A.J ( U 4. L .
Check Appropriate Information:
INDIVIDUAL OR FOR-PROFIT BUSINESS/ORGANIZATION:
3.2 Beer to Consume
NON-PROFIT ORGANIZATIONS:
3.2% Beer 1 Sell
Over 3.2% Beer* Sell
(~EU{1 '---QrJrJ
~~Q~ ~
'/ '" "i - 5"1 '1 0( 'V~)
/
Consume
Consume
Liquor*
Wine*
Sell
Sell
Consume
Consume
.. Requires a temporary license through MN Liquor Control
ApplicanfsSignature (17- '/n. yf! c--f,~:c - ()W~ /lt~
Mail License To: (If different than applicant)
,eoi3~- fvJ. L U b lV,e,
[)FLAJ PD>I.3 2-3
e :;888 0 j1M !IA" 4Lrt ~ .
Rev. Date 7/94 ~ r 11/04- h-fC- I f11,.J ~"-=s. -0 f3 'L.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
(!.~~ ~ tU/lA.F: Lf~1-5Dh~
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MEMORANDUM
TO: Mayor and City Council
FR: Steve Russell, Community Development Director V
DA: June 1, 1995
RE: VACATION OF DRAINAGE EASEMENT AND ESTABLISHMENT OF NEW
DRAINAGE EASEMENT
Background:
As a part of this subdivision approval, a drainage easement for the site was relocated to better
accommodate development of the site. The existing easement is shown as Exhibit B the new
easement is shown as Exhibit A. The change has been approved by the city engineer.
A resolution vacating the existing easement is needed before the final plat can be recorded.
Recommendation:
Approval of resolution vacating drainage easement.
Attachment:
Exhibits A and B
RESOLUTION NO. 95-
APPROVING VACATION OF DRAINAGE AND PONDING EASEMENT
CALIBRE RIDGE, L.1. 313
e
WHEREAS, on June 6, 1995, at a meeting duly called for the purpose, the City Council of
the City of Stillwater, Washington County, Minnesota, met and considered the application for
vacation of a drainage and ponding easement; and
WHEREAS, it appeared, based upon the recommendations of the City Engineer that the
easement proposed to be vacated would no longer be needed by the Public and that it would
be in the best interest of the Public that the easement be vacated;
NOW THEREFORE BE IT RESOLVED that the Drainage and Ponding Easement, attached
hereto as Exhibit "B", is hereby vacated, and the real estate described within the Easement
shall hereafter be free of any encumbrance associated therewith.
Adopted by Council this 6th day of June, 1995.
Jay Kimble, Mayor
ATTEST:
Modi Weldon, City Clerk
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SECTION J3, T30N R20W I
(WAsHINGTON COUNtY MONUIotENT)
o DENOTES 3/4 INCH BY 14-1/2 INCH IRON PIPE SET AND MARKED 'MTH A PLASTIC CAP LLS. 10461
. DENOTES IRON MONUMENT FOUND IN PLACE
719.94
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._ -.---1---- 350.00 _ :I ;:/J ~
,po. 011 i ,(\ , I ~ ':;'{c
350.05 D., \ WEST UNE OF THE EAST 300.00 FEET WlI2 EII2 SE1/4 SW1/4 :IfL
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PROPOSED VACATION DESCRIBED IN THE REVISED EASEMENT IN
EXHIBIT "A" DOCUMENT NUMBER 696477
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A permanent easement for drainage and ponding purposes, hereinafter referred to as "Easement
B", over, under and across that part of said West Half of the East Half of the Southeast Quarter
of the Southwest Quarter described as follows:
Commencing at the northeast comer of said West Half of the East Half of the Southeast Quarter
of the Southwest Quarter; thence South 01 degree 14 minutes 17 seconds East, assumed
bearing, along the east line of said West Half of the East Half of the Southeast Quarter of the
Southwest Quarter, a distance of 719.94 feet to the north line of the East 300.00 feet of the
South 350.00 feet of that part of said West Half of the East Half of the Southeast Quarter of the
Southwest Quarter lying northerty of the north right-of-way line of Trunk Highway 36 (formerty
knOVlKl as Trunk Highway 212); thence South 89 degrees 46 minutes 55 seconds West along said
north line 40.00 feet to the point of beginning; thence North 46 degrees 11 minutes 55 seconds
West 140.00 feet; thence North 60 degrees 10 minutes 24 seconds West 73.90 feet; thence
South 79 degrees 06 minutes 27 seconds West 99.20 feet to the west line of the East 300.00
feet of said West Half of the East Half of the Southeast Quarter of the Southwest Quarter;
thence South 01 degree 14 minutes 17 seconds East along said west line 115.94 feet to said
north line; thence North 89 degrees 46 minutes 55 seconds East along said north line 260.05 feet
to the point of beginning.
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May 31,1995
TO; City Council
S~ '?1Ite '2)_
~~~~
~ 'NI. '1t&u-, 9~ t3"4
FROM; George W. Ness, Fire Chief
RE; Turnout Gear
Requesting permission to order remaining balance of turnout gear before deadline date
Thanks,
216 ~ 9~ Sbrut Sti/t<<l4tM, '>>e1t SS()K2
(612) 439-612()
(612) 439-131K
(612) 439-1313
~ (612) 439-()456
STAFF REQUEST ITEM
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DEPARTI1ENT
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MEETING DATE
6"- G- 9~
DESCRIPTION OF REQUEST (Briefly outline what the request is):
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old
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FINANCIAL IMPACT (Briefly outline the cCJ'Sr, if any, that are associated with this
request and the proposed source of the funds needed to fund the request)
BvJo~/<!~ -t1J. Und~R C~ /99s
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~~DITIONAL INFOR}@_TION ATTACHED:
YES
NO X-
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUH OF FIVE
WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORD~R TO
PLACED IN THE COUNCIL MATERI~L PACKET.
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SUBrlITTED BY:
-----....
DATE: .~,. J'J-- 9~
. STAFF REQUEST ITEM
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DEPARTI1ENT
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MEETING DATE
C'.- c- Y5
DESCRIPTION OF REQUEST (Briefly outline what the request is):
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FINANCIAL IMPACT (Briefly outline the c0"5r, if any, that are associated with this
request and the proposed source of the funds needed to fund the request)
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P~DITIONAL INFOR}ffiTION ATTACHED:
YES
NO~
ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIrnTI1 OF FIVE
WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL 14EETING IN ORDER TO
PLACED IN THE COUNCIL MATERIFL PACKET.
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SUBMITTED BY:
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DATE: \)-.s./- 7.5
RESOLUTION NO. 95-
APPROVING SEASONAL EMPLOYMENT OF LIFEGUARDS
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BE IT RESOLVED, that the City Council of the City of Stillwater, Minnesota, hereby
approves the seasonal employment as Lifeguard, beginning June 8, 1995, of:
Sarah Hamilton
Keri Mears
Shannon Junker
Cara Zanko
Venessa Knutson
Martha Vandenberg
Kathleen Kristenson
$6.50 per hour
$6.25 per hour
$5.75 per hour
$5.50 per hour
$5.50 per hour
$5.50 per hour
$5.50 per hour
Adopted by the Council this 6th day of June, 1995.
Attest:
Jay Kimble, Mayor
Modi Weldon, City Clerk
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MEMORANDUM
TO:
Mayor and City Council
\l.,'!! /'
FROM:
Klayton Eckles, City Engineer
DATE: June 1, 1995
SUBJECT: Hiring of Temporary Summer Workers
Discussion:
Every year Public Works hires three or four part-time summer workers to assist in crack filling,
pothole repair and other miscellaneous activities. Public Works has already hired one individual
and desires to hire two additional workers. We advertised for this position and received
applications. Of these, we will provide names at the Tuesday Council meeting.
The 1995 budget has $9,000 budgeted for part-time labor.
Recommendation:
I recommend Council authorize staff to hire the two individual that will be recommended on
Tuesday evening at a starting rate of $6.00 per hour beginning June 7, 1995.
RESOLUTION NO. 95-
APPROVING SEASONAL EMPLOYMENT OF
PUBLIC WORKS MAINTENANCE WORKERS
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the
seasonal employment of , from and after June 7, 1995, is hereby approved; and
that as compensation for services the said _ shall receive the sum of $6.00 per hour.
Adopted by the Council this 6th day of June, 1995.
Jay L. Kimble, Mayor
Attest:
Modi Weldon, City Clerk
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MEMORANDUM
TO:
Mayor and City Council
FROM:
Klayton Eckles, City Engineer JL. \f v/
DATE: June 1, 1995
SUBJECT: Purchase of Office Supplies for Engineering
Discussion:
In order to prepare the EngineeringlPublic Works Office for the new Technician and proposed
relocation of a secretary to the area, it is necessary to update the workspace. The 1995 budget
has $19,000 earmarked for these improvements. We have obtained quotes for the necessary
equipment from several suppliers. I need Council approval for the following not-to-exceed
amounts:
Product
Supplier
Amount
Two Workstations (refurbished)
B & B Office Furniture
$ 5,200
IBM Compatible Computer
Valley View
$ 3,600
Miscellaneous Hardware
Various Suppliers
$ 750
Software (AutoCAD)
Various Suppliers
$ 4,400
LaserJet Printer
CompUSA or Computer
City
$ 2,400
Portable Cellular Phone
US West (Motorola)
$ 320
$16,670
We received two other bids on the office workstations: one from Pink at $5,049.72 and another
bid from HOA Furniture for $5,900. The computer hardware would be custom assembled and
configured for our specific needs. The software is available from software outlet companies or
local retail outlets. The LaserJet printer will be capable of running small size versions of
AutoCAD plans and will also be usable by the secretary station.
Recommendation:
I recommend the City Council authorize staff to make purchases of the equipment listed above
e for the not-to-exceed figures described.
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MEMORANDUM
TO: Mayor and City Council
FROM:
Klayton Eckles, City Engineer
k!. ~ V'
DATE: June 1, 1995
SUBJECT: Pedestrian Trail Construction in Benson Park
Discussion:
Staff accepted proposals for the construction of a pedestrian trail and basketball court in Benson
Park on June 2nd. The bids were as follows:
Tower Asphalt
Asphalt Specialties
$16,380
$20,400
Recommendation:
I recommend Council authorize staff to enter into a purchase agreement with Tower Asphalt for
an amount not to exceed $16,380
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RESOLUTION NO. 95-
APPROVING SEASONAL EMPLOYMENT OF
PUBLIC WORKS MAINTENANCE WORKERS
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the
seasonal employment of Chad Langess and Daniel Newman, from and after June 7, 1995, is
hereby approved; and that as compensation for services the said Chad Langness and Daniel
Newman shall receive the sum of $6.00 per hour.
Adopted by the Council this 6th day of June, 1995.
Jay L. Kimble, Mayor
Attest:
Modi Weldon, City Clerk
RESOLUTION NO. 95-
APPROVING FULL-TIME EMPLOYMENT OF
CARLA CINCOTTA AS PATROL OFFICER
BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the full- .
time employment of Carla M. Cincotta as Patrol Officer, from and after June 16, 1995, for a
probationary period of 12 months, is hereby approved; and that as compensation for services
the said Carla Cincotta shall receive the sum of $2,401 per month, together with all other
benefits of City employment.
Adopted by the Council this 6th day of June, 1995.
Jay Kimble, Mayor
Attest:
Modi Weldon, City Clerk
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MEMORANDUM
TO:
Mayor and City Council
FR: Steve Russell, Community Development Director ~
DA: June 1, 1995
RE: BUILDING MOVING PERMIT MOVING A RESIDENCE TO 619 WEST
ANDERSON STREET IN THE RB DUPLEX RESIDENTIAL DISTRICT. CASE
NO. BM/95-37.
The request to move an existing one-story residence to a lot on the comer of West Anderson and
South Harriet. South Harriet Street is an unimproved street. Access to the residence is requested
off of South Harriet Street (city permit required).
The planning commission reviewed and approved a variance for the relocated residence. The
exterior sideyard setback to South Harriet Street is 16 feet rather than the required 30 feet.
Harriet Street is not improved so this variance does not present a problem.
The submittal package is attached including pictures of the residence. The city code required the
council to hold a public hearing on building moving (see attached subdivision 31.08 subd. 4).
The planning commission reviewed the request and recommended the permit for approval. The
proposed use is consistent with the zoning requirements and the design of the residents fits in
with the mixed residential character of the area.
As required by the regulations, the relocated residence would have to meet all city building code
requirements.
Recommendation:
Approval of building moving permit and driveway access permit.
Attachments: Submittal package.
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.
.
.
31.08 Subd. 3
investigation as he shall deem appropriate. He shall also obtain the
recommendations of the Director of Public Safety and City Engineer with
respect to the streets and roads on which the building may be moved to assure
the greatest degree of safety to persons and property and to minimize
congestion on public streets. Upon completion of his review and investigation,
~~~ldi g lCla sake his report to the City Council.
~ Subd. 4. CITY
f
\
In those instances in which applicant requests the moving of a building
to a location within the City, the City Council shall hold a public hearing
on whether a permit shall be issued not later than twenty-one (21) days
after the application has been accepted for filing. Notice, including
the time, date, place and purpose of the hearing shall be given by
publication in the official newspaper of the City and by mailing to the
owners of real estate situated within three hundred (300) feet of the
land to which the building is to be moved at least ten (10) days prior
to the date of the hearing. Notice containing t~e same information shall
be posted on the property to which the building is to be moved, not less
than ten (10) days prior to the date of the hearing. Failure to give
mailed notice or any defect in the notice shall not invalidate the hearing
or any proceedings there taken.
(2) At the conclusion of the hearing, the City Council shall either deny
or issue a permit.
Subd. 5. DENIAL OF A PERMIT. Issuance of a permit shall be denied upon
a finding of anyone of the following:
(1) Applicant has not complied with any requirement imposed by Subd. 2
hereof.
1
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\
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(2) Persons or property in the City would be endangered by movement of
the builidng because it is too large or for any other reason.
(3) The building is in such state of deterioration or disrepair or is
otherwise so structurally unsafe that it would constitute a danger to
persons or property in the City.
(4) The building is structurally unsafe or unfit for the purpose for
which moved, if the location to which the building is to be moved is
in the City.
(5) The equipment for moving the building is unsafe and persons or property
would be endangered by its use.
> (6) The building or its use would not be in compliance with zoning, building
or other ordinances of the City.
~ (7) If the location to which the building is to be moved is in th~ City,
and the building is in substantial variance with either the establlshed
or the expected pattern of building development within the neighbo:hood 1
to which the building is to be moved. Comparative age, bulk, archltectura
5-3-83
c::--
31.08, Subd. 5(7)
style and quality of construction of both the building to be moved and ~
the buildings existing in the neighborhood shall be considered in determining ,.,
whether a building is in substantial variance. If the building to be moved
is more than ten years older than the oldest building situated on the lands
abutting the land to which the building is to be moved, such fact shall be
evidence that the building to be moved is in substantial variance.
Subd. 6. DUTIES OF PEm.1IT HOLDER. Persons receiving a permit from the
City pursuant to this ordinance shall:
(1) ~Ioving the building over those streets only which are designated for
such use in the permit.
(2) Notify the Building Official in writing of any desired change in the
date or times of moving the building from that indicated in the application
and conduct moving operations only on the date and at the times designated
in the application or approved in writing by the Building Official and shall
notify the Director of Public Safety at least 24 hours prior to commencing
movement of the building.
(3) Notify the Building Official in writing of damage caused to property
belonging to the City or any public utility within 24 hours after the
damage or injury has occurred.
(4) Warning lights shall be displayed and shall be in compliance with
the State of Minnesota and Washington County regulations. The permit
holder shall erect and maintain barricades across streets as shall be
necessary and in a manner as directed by the Director of Public Safety
to protect the public from damage or injury by reason of the movement or
removal of the building.
(5) Except in an emergency, the permit holder shall not park the building
on any City street at any time during the moving process. In the event
of such an emergency, the permit holder shall immediately notify the
Director of Public Safety of the City of Stillwater.
(6) Comply with the Building Code, the Fire Ordinance, the Zoning
Ordinance and all other ordinances and laws.
(7) Pay the expense of any traffic officer ordered by the Building Official
to accompany the movement of the building to protect the public from injury.
(8) Remove all rubbish and materials and fill all excavations to existing
grade at the original building site, if within the City, so that the premises
are left in a safe and sanitary condition. All foundation structures shall
be removed to a depth of 18 inches below the finished grade of the earth.
(9) Cause any sewer lines to be plugged with a concrete stopper. and the
water to be shut off if the original building is within the City. The
holder of the permit shall notify gas, electric and other utilities to
remove their services.
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5-3-83
Application to City Building Official for
a house and garage into and onto a lot in
Stillwater.
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April 20, 1995
Applicant: David B. Harvieux
1172 parkwood Lane
Stillwater, MN. 55082
(W) 430-7556
(H) 439-1196
Location of lot: 6XX W. Anderson Street, lot just west of
619 W. Anderson St.
Application requirements:
1. Bill of sale states that I bought just the house from
the Metropolitan Airport Commission not the land that
the house sat on. I am not responsible for any taxes
or assessments on the parcel of land.
2. Copy of Bill of Sale attached.
3. House to be moved is of the size that it will not
require the movement of poles or wires. The roof of
the house is being lowered prior to moving so that it
will go under all lines and wires.
4. Copy of Mover's State of Minnesota license attached.
5. $25 permit fee; check attached.
6. Survey showing house and garage location on lot and
set backs is attached.
7. Photographs of house and garage to be moved, lot where
it will move to, and houses on the east, west and
across the street from the location, attached.
8. The house is scheduled to move through Stillwater on
the morning of May 31, 1995, between 2AM & 6AM coming
into town on Myrtle St from the west to Greeley St,
south on Greeley to Churchill St, east on Churchill to
Holcombe St, south on Holcombe St to Anderson St, and
west on Anderson St for one block to the site.
To the best of my knowledge this is the information
required. If additional information is needed please
contact at the numbers listed above.
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On other forms, I am also requesting through the Planning
Commission and City Council a side set back variance for
the above lot.
EXHIBIT B
BILL OF SALE
THIS BILL OF SALE is executed as of the ~ day of March
AIRPORTS COMMISSION, a public corporation ("Grantor") in favor of
("Grantee") with reference to the following facts:
, 1995 by METROPOLITAN
DaVId Harvieux
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A. Grantor and Grantee have entered into a Agreement dated March 3, 1995 (the "Agreement"). for
the purchase and sale of a house located at ~1 Lonqfellow Avenue South in the
City of Richfield, Minnesota (the "House"), but not the parcel of land upon which it is situated; and
B. The Agreement provides for the delivery of this Bill of Sale.
NOW, THEREFORE, in consideration of the foregoing, Grantee's covenants in the Agreement, and other
good and valuable consideration:
1. Grantor hereby conveys and quitclaims to Grantee all of Grantor's right, title and interest in and to the
House, subject to the following provisions.
2. This Bill of Sale is subject to the terms and provisions of the Agreement, including the obligations
undertaken therein by Grantee with respect to the removal of the House from Grantor's property, and
the rights retained by Grantor to dispose of the House if Grantee fails to do so.
3. Grantor makes no warranty of merchantab~lity or fitness for a particular purpose, or any other type of
warranty, with respect to the House, and the House is conveyed in "AS-IS" condition, with all faults.
By acceptance of this Bill of Sale, Grantee acknowledges that Grantee, in purchasing the House, has
not relied on Grantor's skill or knowledge, nor on any representation or warranty by Grantor.
IN WITNESS WHEREOF, Grantor has executed this Bill of Sale, effective on the day first written above.
METROPOLITAN AIRPORTS COMMISSION
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of . 19...... by_
, the authorized agent of the Metropolitan Airports Commission, a Minnesota
public corporation, on behalf of the corporation.
Notary Public
THIS L"STRl")IL'-l WAS DR..-\FTED BY:
BRlGGS AND MORGA};, PA
::00 First ~ational Bank Building
~a1Dt Paui, Minnesota 55101 (KAB)
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Sheet Two of Two Sheets . . MINOR SUBDtVISION
fo ' . lit
eER'T'iFI~A TE 0F S'W:R'V'EY
Survey Mad~ For: BA~RETT M. STACK
Mr. Bernard Harvleux STlLL~ATER, MINN. 55082
2349 Cottage Dr1 ve MINNESOTA REGISTERED
St 111 water., MN 55082 I LAND SURVEYOR
Tel. No. 439-5630
PARCEL DESCRIPTIONS: I I
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AN ORDINANCE OF THE CITY OF STILLWATER
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ORDINANCE NO.
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AN ORDINANCE RESTRICTING THE SALE AND CONSUMPTION
OF TOBACCO PRODUCTS BY MINORS IN THE CITY OF STILLWATER
THE:CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
1. License Required. No person shall keep tobacco or tobacco related products. as the term is
defined in Minnesota Statutes Section 609.985. Subd. 1. for retail sale or sell these products at
retail in the City without first obtaining a license from the City. No tobacco products shall be
sold at retail except at a retail establishment.
2. Application. An application for a license to sell tobacco products at retail must submit an
application to the City. The application shall state the applicant's name. business name. business
address. business phone and the address of the retail establishment for which the application is
made.
3. License Fee. The license fee for a license to sell tobacco products at retail shall be fixed by the
City Gouncil by resolution and may be revised from time to time.
4. Term. All tobacco products licenses shall expire the last day of the calendar year in which the
license wasissued'
5. License Approval. Denial and Revocation. The issuance or reissuance of a tobacco products
license will be granted or denied by the City Council. Conditions may be imposed on a license
to ensure compliance with all laws and to protect the health and welfare of residents of the City.
A license may be denied or revoked for any of the following reasons:
a. failure to complete the application;
b. misstatements in the application;
c. failure to comply with the terms of a previous license or any provision of law regulating
the sale of tobacco products.
6. License Restriction.
a. No person shall sell. offer for sale. give. furnish or by any means deliver any kind of
tobacco product to any person under the age of 18.
b. A licensee is responsible for the conduct of the licensee's employees while the employees
are on the licensed premises and any sale or other disposition of tobacco products by an
employee to a person under the age of 18 shall be considered an act of the licensee.
c. No licensee shall offer tobacco products for sale by self-service merchandising devices.
A self-service merchandising device means an open display of tobacco products to which
the public has access without the intervention of an employee of a retail establishment.
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The sale of tobacco products from vending machines is prohibited. No person shall place any
sign, poster, placard, devise, graphic display or other form of advertising for tobacco products
in a publicly visible location.
7. License Inspections. City police officers must conduct inspections of licensed retail
establishments at least once each year.
8. License Violations.
a. Any person who violates any provlslon of this Ordinance shall be guilty of a
misdemeanor and upon conviction, shall be subject to a fine of up to $700 or 90 days in
jail or both.
In addition to the criminal potentiates which may be imposed by a Court of Law, the City may
revoke the license to sell tobacco products on a finding that the licensee has violated the terms
of the license, this Ordinance, or any state law restricting the sale of tobacco products.
9. SA VING. This Ordinance shall be deemed to repeal any provisions of the City Code now in
effect that might conflict with any of its provisions. Aside from these changes, the remainder
of the City Code shall remain in full force and effect.
10. Effective Date. The Ordinance shall be in full force and effect from and after its passage and
publication according to law.
Adopted by the City Council of the City of Stillwater this
, 1995.
day of
Jay L. Kimble, Mayor
A TrEST:
Modi Weldon, City Clerk
Publish:
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No license shall be g'ranted unless the person or firm seeking a license shall file with the
clerk a Certificate ofInsurance evidencing Worker's Compensation Insurance in the amount
of the full statutory limits, said certificate to provide for notice to the City of cancellation of
the same by the issuing agency. This requirement shall be in addition to any other insurance
requirements set forth in any applicable ordinance.
2.
Exemption. If any person or firm is entitled under State laws or regulations to elect not to
have Worker's Compensation coverage they may seek an exemption from this requirement
from the Council. ~
LICENSING OF CIGARETTE SALF.S-~ ~ .
Subd. 1. LICENSE REQUIRED. No person shall keep for retail sale, sell at retail or otherwise
dispose of any cigarette or cigarette wrapper at any place in the City, unless a license therefore shall
first have been obtained.
Subd. 2. APPLICATION AND ISSUANCE. Application for such license shall be made to the clerk
on a form supplied by the City. Such application shall state the full name and address of the
appliance, the location of the building and the part intended to be used by the applicant under such
license, the kind of business conducted at such location, and such other information as shall be
required by the application form. Such application shall be accompanied by the required fee. The
application is to be filed with the clerk who will present it to the Council. The Council may then
direct the clerk to issue the license.
Subd.3. LICENSE FEE. The license fee is $12 per annum. Every such license shall expire on
December 31, next year, and shall be computed at the rate of $1 for each month or fractional part of
a month covered by the license. Licenses shall not be transferable from one person to another.
Subd. 4. LICENSES SHALL BE DISPLAYED. Every license shall be kept conspicuously posted
about the place for which the license is issued and shall be exhibited to any person upon request.
Subd.5. RESTRICTIONS. No license shall be issued except to a person of good moral character.
No license shall be issued for the sale of cigarettes at any place other than at his established place
of business. No person shall sell or give away any cigarettes, cigarette paper or cigarette wrapper
to anyone below the age of 18 years. No person shall keep for sale, sell or dispose of any cigarette
containing opium, morphine,jimson weed, bell a donna, strychnia, cocaine, marijuana or any other
deleterious or poisonous drug except nicotine.
Subd. 6. REVOCATION. The Council may revoke for a violation of this ordinance if the licensee
has been given reasonable notice and an opportunity to be heard.
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Subd. 7. PENALTY. Violation of this ordinance shall be a misdemeanor.
Chapter 41 - Page 3
~~ :\
Tobacco Ordinance
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Requests to address Council
a. List attached (from SuzAnn Stenso-Velo, Wash. Co. HELM) (Updated 6/6/95)
b. Thomas Briant, Minnesota Coalition of Responsible Retailers
and Stillwater retailers - List attached (Updated 6/6/95)
c. James Larkin - Larkin, Hoffman, Daly & Lindgren, Ltd.
d. James Goold - Covington & Burling
Representing Tobacco Institute
and
Tim Meyer, Professor of Communications, University of Wisconsin
e. Gary Ansel - Cosgrove, Flynn & Gaskins,
Representing Minnesota Civil Liberties Union
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. . by the National Cr.incerIiJstitUte~' . ....... '. '.' .
. TOBACCO.' ORDlNANC. E READING
. , ..
.. 'STILLWATERCITY COUNCIL'
".:~ 6"1995 7:~.P.~.... . .....
. PEOPLE:' REQUESTI:N9 TO TESTIFY n~( SUPPORT OF. tOBACCO ORDIN~<;E: .
" . . . :. , . . . . .' . '~ " . " . '. ' . . . '.. .' ,
~~CYSCh~g~l ~Lakevi~~ 4ospitat,. A'~~;~n' Cancer:SOCi~',.'Still~~te~ r~i~~nl":'
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. Brian Bates '::Attomey wi'thMN ASSIST ". .'
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. 'C;~ncerdSurVlvor' ~. Sti.l~water 'resid~nt
.,:~slie W~dell .; Stillwater Police b~partment', D.AR? ,Officer. ..... .'.
James'.Laskin - City' of Stiliwater Chamber .of Commerce
. '. ~ . . . . , .. '.,~ .~. . ". .
. " '. .
. D~sta Meyer I JeSsica Ju~l<er ~'Stillwater'High ~Choo1.st~dent~;'SADD"Chap~er
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. . :'. Wayne Orn -. Stillwater High' School',heaJ.th 't~c~er ....
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..' '. ..' ,Gayle',Parizino. -;. s.til1~~t~r. Schpol' Distri~t nurse' . . ".:".
, .'.Su~Aii~. Ste~s()~V~lo .-.Tobacc~' Fre~. Future Charr.."YaSh~ngton 90unty pepartrrtent of H~lth ...
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Still~ater residents and' parents.
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. , .. . . . . Equal Einployment OI:l~r.tuiJirvlArrlrmattve Action'. . . .' . '. '.
JUN 06 '95 12:33PM P,P,T,&P
P.U1
MINNESOTA COALITION OF RESPONSIBLE RETAILERS
100 CORNELIA BUILDING
4005 WEST 65TH STREltt
MlNNEAPOUS, MN SS43S
TJn.EPHONE: (612) 925-3001
FACSIMILE: (612) 925-4203
June 6, 1995
VIA FACSIMILE
Stillwater City Council
Stillwater City Hall
216 North 4th Street
Stillwater, MN 55082
REVISED
Attn: Morli
RE: June 6, 1995 City Council Meeting
Dear City Council Members:
The Minnesota Coalition of Responsible Retailers is working with Stillwater tobacco
retailers regarding the proposed retail ordinance. The following retailers will be speaking
tonight regarding the ordinance:
1. -Lym NeIses. (WQ1ig~' Stere}
2. Steve Moeller (Fina)
3. Dick Zimmerman (Erickson Post) _
4. De iianlrp. (SuperAmerica) k~ ~ p~'~
5. Nancy Christensen (Minnesota Grocers Association)
These retailers will take the my place for speaking to the council about the ordinance.
Thank you.
Sincerely yours,
THOMAS A. BRIANT, P.A.
Thomas A. Briant
Attorney at Law
.
.
.
BRIAN BATES
(l G S//~/fS
'"'-,
ATTORNEY AT LAW
1985 Grand Avenue
Saint Paul. Minnesota 55105
--
(612) 690-9671
April 25, 1995
Mayor and City Council
city Hall
stillwater, Minnesota 55082
RE: Restrictions on Tobacco Product Advertising and Promotion
Dear Mayor and Councilmembers:
I have been working with Ms. SuzAnn Stenso-Velo of the
Washington County Health Department. It is my understanding that
that health department has proposed restrictions on youth access
to tobacco products which may include restrictions on tobacco
product advertising and promotion. I also work with the
Minnesota Department of Health and other health groups concerned
about tobacco product use among Minnesota youth.
I wish to briefly address the legal implications of
restrictions on tobacco product advertising and promotion. I am
aware that Mr. Thomas Briant has recently written you on this
topic. I do agree with Mr. Briant that the central legal issues
involved when restricting tobacco product advertising are two:
preemption by federal statute and first amendment protections of
commercial speech. Mr. Briant and I have differing opinions on
how these issues affect local restrictions. But, the information
most useful to you is what federal judges think not what
advocates for or against the restrictions think.
In this regard the information is fairly limited. While
there are many court decisions regarding restrictions on
advertising, there have been few decisions regarding restrictions
on tobacco product advertising to date because few cities and
states have enacted such restrictions.
-
Vango Media v. City of New York
In 1992 the City of New York enacted a law that would
require one health message pertaining to the health dangers of
smoking for every four tobacco advertisements on the roofs of
taxi cabs. Vango Media argued that the law was preempted by the
Federal Cigarette Labeling and Advertising Act and that the law
violated its first amendment free speech rights. The district
court held the law was indeed preempted and therefore did not
reach the constitutionality issue.
stillwater Mayor and City Council
April 25, 1995
Page 2.
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The district court held the New York law preempted because
the law was a 1) a requirement or prohibition 2) based on smoking
and health 3) with respect to advertising or promotion of
cigarettes.
Interestingly, after this decision New York City moved to
simply ban all tobacco product advertising on taxi cabs rather
than attempt to impose a duty to supply counter-advertising.
Penn Advertising v. City of Baltimore
New York City may have been encouraged to take more direct
action because of the success of the City of Baltimore in
restricting tobacco advertising on that city's billboards. In
1994 the Baltimore City council enacted laws that banned tobacco
and alcohol advertising on billboards throughout most of the
city. This type of regulation is quite close, in a legal sense,
to the restriction being considered by the City of Stillwater.
The district court, when considering a challenge to the
Baltimore law, ruled favorably on both the constitutional and
preemption legal issues. In finding the Baltimore law
constitutional, the court stated that "commercial speech enjoys a
limited measure of protection commensurate with its subordinate
position in the scale of first amendment values." It then
applied the Central Hudson test. It found that the City's
interest in protecting its youth from inducements to enter into
illegal transactions was significant; that the City's interest
would be advanced in a material way by eliminating most billboard
advertising and; that the Baltimore ordinance was neither too
narrowly or broadly drafted.
The district court then considered whether the Baltimore law
was preempted. The court found that the law was a 1) requirement
or prohibition 2) with respect to advertising or promotion. The
decision hinged on whether the Baltimore ordinance was "based on
smoking and health." Penn Advertising argued that the Baltimore
law was based on smoking and health because it was enacted to
further the intent of the Maryland state statute banning the sale
of cigarettes to minors which itself was based on smoking and
health. The City argued that the only intent of the Baltimore
law was to prevent youth from entering into transactions which
violate state law. That the state law might be based on smoking
and health was irrelevant.
The district court agreed with the City of Baltimore and
held that the Baltimore law was neither preempted nor
unconstitutional. This decision is being appealed.
Preston, Minnesota
In July, 1994 the City of Preston, Minnesota enacted an
ordinance that would severely restrict point of sale tobacco
product advertising. This law is now being challenged. A ruling
is expected this fall. Those experts who have considered the ~
Preston ordinance in light of the Baltimore ruling agree that ~
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e
stillwater Mayor and City-Council
April 25, 1995
Page 3.
there is a good chance of success.
I hope the foregoing helps clarify the legal issues involved
when states or local units of government attempt to protect its
youth from ever-present inducements to use tobacco products. To
summarize: the constitution does not give blanket protection for
speech. First amendment protections relate directly to the value
of the speech in society and the governments interests in
restricting such speech. If the government's interests in
restricting the speech outweigh the value of the speech the
restriction will not offend the Constitution. If the restriction
on tobacco product advertising is not based on smoking and health
but on a desire to avoid youth participation in illegal
commercial transactions or a desire to avoid messages which
undermine parental admonitions against tobacco product use or
other legitimate, substantial municipal interests, the
restriction will probably escape preemption by federal statute.
Please let me know if I can be of further assistance.
Regards,
~~~~~~
Brian Bates
cc: SuzAnn Stenso-Velo
MINNESOTA COALITION OF RESPONSIBLE RETAILERS
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100 CORNELIA BUILDING
4005 WEST 65TH STREET
MINNEAPOLIS, MN 55435
TELEPHONE: (612) 925-3001
FACSIMILE: (612) 9254203
May 26, 1995
Stillwater City Council
Stillwater City Hall
216 North 4th Street
Stillwater, MN 55082
RE: June 6, 1995 City Council Meeting
Dear City Council Members:
The Minnesota Coalition of Responsible Retailers is working with Stillwater tobacco
retailers regarding the proposed retail ordinance. I am writing to request time for a local
Stillwater retailer to speak to the city council at the June 6, 1995 city council meeting regarding
the ordinance.
I do not know the specific individual who will address the council. When that
information is available, I will contact the city clerk with the retailer's name. Please call me
if you have any questions. Thank you for your assistance.
Sincerely yours,
THOMAS A. BRIANT, P.A.
.~~~ A. _ ~~
Thomas A. Briant
Attorney at Law
cc: Minnesota Coalition of Responsible Retailers
JAMES P. LARKIN
ROBERT L. HOFFMAN
oW:KF. DALY
D. KENNETH LINDGREN
GERALD H. FRlEOEU.
AU.AN E. MULLIGAN
JAMES C. ERICKSON
EDWARD J. DRISCOLL
GENE N. FULLER
JOHN D. FULLMER
ROBERT E. BOYLE
FRANK I. HARVEY
CHARLES S. MOOELL
CHRISToPHER J. DIETZEN
JOHN R. BEATTIE
LINDA H. FISHER
THOMAB P. STOLTMAN
MICHAEl. C. oW:KIoIAN
JOHN E. DIEHl.
JON S. SWlERZEWSKI
THOMABJ. FLYNN
JAMES P. QUINN
TOOD I. FREEMAN
PETER K. BECK
GeRALD L. SECK
JOHN B. LUNDQUIST
MYLE NOVoN'
JOHN A. COTTER.
BEATRICI! A. ROTHWEILER
PAUl. B. PLUNKETT
1UH L. KIUXlW
KATHLEEN M. PICOTTE NEWMAN
MICHAEL B. LEBARON
GREGORY E. KORSTAO
GMY A. VAN CLEVE.
DNllEI. L. BOWLES
TIIoIOTHY J. McIoIANUS
TIIoIOTHY J. KEANE
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
ATTORNEYS AT LAW
1500 NORWEST FINANCIAL CENTER
7900 XERXES AVENUE SOUTH
BLOOMINGTON, MINNESOTA 55431-1194
TELEPHONE (612) 835.3800
FAX (612) 896-3333
N..Nl M. ANDERSON
DONNA L. ROBACK
MICHAEL W. SCHLEY
TERRENCE E. BtSHOP
LISA A. GRAY
GARY A. RENNEKE
CHRISTOPHER J. HARRISTHAI.
MICHAEl. A. ROBERTSON
BRUCE J. DOU<lI.AS
WILLIAM C. GRIFFITH. JR. .
JOHN J. STEFFENHAGEN
DANlEL W. VOSS
JOHN R. HILL
PETER J. COYLE
MICHAEL J. SMITH
VILIS R. INDE
DWIGHT N. HOLMBO
ANDREWF. PERRIN
ANN M. MEYER
FREDERICK K. HAUSER III
LARRY D. MARTIN
JANE E. BREMER
RENEE L. JACKSON
CHRISTOPHER K. LARUS
MARCY R. KREISMAN
MARIEL E. PIlLOI.A
DAMON E. SCHRAMM
STEPHEN J. KAMINSKI
RACHAEL A. JAROSH
AMELIA A. BUHARIN
THOMAS F. ALEXANDER
DANIEL T. KADLEC
SHARNA A. WAHLGREN
OF COUNSEL
IMONDEU. R. ANDERSON
JOSEPH GlTIS
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. ALSO ADMITTED IN WISCONSIN
May 9, 1995
Stillwater City Council
Stillwater City Hall
216 North Fourth Street
Stillwater, Minnesota 55082
SENT VIA FACSIMILE
(612) 439-0456
Re: Advertising Restriction Ordinance
Dear Members of the City Council:
Our firm represents Ms. Binh Chiglo, the owner of the Preston, Minnesota Citgo Store, who is plaintiff in
an action against the City of Preston, Minnesota. That case is presently pending in federal court and
involves issues parallel to those on which attorney Brian Bates will offer comments at your regular
meeting of May 16, 1995. I respectfully request the opportunity to address the issues raised by his
comments.
Thank you for your kind attention in this matter.
sin~lel~ l~i/"/ ~
~.. / ;/411 If{/~
, es P. Larkin, for
LARKIN, HOFFMAN, DAL Y & LINDGREN, Ltd.
0096194.01
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COSGROVE, FLYNN & GASKINS
ATTORNEYS AT LAW
P. L.L.P.
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2900 METROPOLITAN CENTRE
333 SOUTH SEVENTH STREET
MINNEAPOLIS, MINNESOTA 55402
(612) 333-9500
FAX (612) 333-9579
HUGH .J. COSGROVE
GEORGE W. FLYNN
STEVE GASKINS
ROBERT .J.TERHAAR
.JEANNINE L. LEE
DOUGLAS R.ARCHIBALD
BARBARA .JEAN D'AQUILA
SUSAN D. HALL
STEVEN .J. PFEFFERLE
THOMAS KLOSOWSKI
RANDALL.J. PATTEE
BRADLEY .J. AYERS
HAL A. SHILLINGSTAD
DAVID A.WIKOFF
GARY D. ANSEL
LAURIE A.WILLARD
SARAH L. BREW
LISA R. GRIEBEL
THOMAS F. ASCHER
LYNN M. MEYER
SCOTT M. RUSERT
.JENNIFER F. ROSEMARK .
ANTHONY.J. KANE
May 12, 1995
Ms. Morli Weldon
City Clerk
Stillwater City Hall
216 North Fourth Street
Stillwater, MN 55082
RE: Tobacco Ordinance
Dear Ms. Weldon:
Thank you for your letter of May 11, 1995, regarding the City Council's rescheduled hearing
on the proposed tobacco ordinance. I respectfully request to be included on the agenda for
the June 6, 1995 City Council Meeting to address the advertising prohibitions in the
proposed ordinance on behalf of the Minnesota Civil Liberties Union.
Thank you for your consideration.
SJnce;tly yours,
// i! C1/)AJ()
ry~el V'\
GDA/js
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MAY- ~-95 TUE 18:47 C & B
P.82
COVINGTON & BURLING
120IPENNSY~VANIA AVENU[, N.W.
P.O. BOX 7566
WASHINGTON. D.C. 20044.7566
12021 662.6000
.
DA VIO H. RtMES
DIl'l'C T cu...~ Nl.II4IEI\
11021 elSl' .~12
TtLEFAlC, 12021 eel-e..'
TeL.CX, .g.I!I.~ leOVL1NG WSHI
CAaL.EI COVLINO
U:CONf'IQ.D NOuK
CI.l'lZON aTRl:.cT
LONDON WIl' .Aa
ENGI."NIl
TUEPMQNC; ......17I._.1lO:llS
T&WIIll, .~-I7I-<lDD'~iCl
May 9, 1995
MIItlCloI Cetl"t~NOC~ orrlcl
.... AvCNUl au ""fl
lAV5!IELa 1040 I(L4)1IJIo4
TEUPHOHc:,311.2.1112-"OO
TC\.UAX,3Z.a.IIIOI.lell8
VIA rACS~ILE (612-439.0456)
Stillwater City Council
Stillwater City Hall
216 North 4th Street
Stillwater, Minnesota
ae: 1obacco Ordinance
Dear City Council Members:
It is my understanding that during its May 16, 1995
meeting, the Stillwater City Council will hear testimony on a
proposed tobacco ordinance.
I plan to attend the May 16th City Council meeting
on behalf of the Tobacco Institute. I am writing to request
that the city Council allow me to address the proposed
ordinance. In particular, I wish to discuss the legal issues
raised by the proposal to ban tobacco advertising.
I appreciate your consideration of this request for
a place on your agenda and I look forward to the opportunity
to speak to the council next week. Thank you for your
assistance.
Very truly yours,
OtWI1 ;J. ~
David H. Remes
WJ.} ~ ~
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A coalition of Minnesota ASSIST - a shared project between the
Minnesota Department of Health and the American Cancer. Society,
Minnesota Division and the communities of Minnesota, funded
by the National Cancer Institute.
" <:]FU<:]TUR~CJ
DATE:
TO:
FROM:
RE:
June 1995
Stillwater Council members, Department Heads, Media, Interested Parties
SuzAnn Stenso-Velo, Tobacco Free Future Task Force Chair 43Q-6695"
Second hearing of Tobacco Ordinance on June 6, 7:00 p.m., .City Hall
I have compiled a packet of information that might be helpful background information for the
second reading of the tobacco ordinance on June 6. It includes:
List of people" who would like to testify in support of the tobacco ordinance.
Draft of the tobacco ordinance
Characteristics ?f a good ordinance
Review of other metro area tobacco ordinances
Preston's tobacco ordinance (restricting tobacco advertising)
No Sale: Youth, Tobacco and Responsible Reta.iling (Summary)
Preventing Tobacco Use Among Young People: A Report of the Surgeon General
Stillwater tobacco vendor list
Lobbyist registration information on Tom Briant
" In addition to these items, on the night of the reading I will bring letters o( support from
" community organizations (American Heart Association, American Cancer Society, St. Croix
Valley H~a1th Promotion Coalition, Lakeview Hospital; and the City of Stillwater Chamber of
Commerce) as well as 216 petition signatures supporting the ordinance.
.All of the "mea.. sures within this ordinance" have been adopted by other cities (see review of
" "
ordinances). The most controversial aspect is th~ restriction on advertising. Preston,MN is in
" .
the process of a lawsuit regarding" this issue. Their ~efense fees are. being paid for by the
League of c;ities. It is likely that they would do the same for Stillwater if the city is named in"
a "lawsuit. In addition the Association for Non-Smokers has list of attorneys willing to clo pro
. "
bono work assisting the Stillwater City Attorney. Legal.advice suggests that it wo~ld be prudent .
. to adopt the same language as the Preston ordinance so.. that the same briefs used for" ~reston
could be used for Stillwater.
If you have any questions about these mat~rials, please call me at 430-6695.
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srsv\tffuture\tofdlttr .695 "
For more information about Tobacco Fref! Future call 430-6655. " .
If you need ~ssistance due to disability or language barrier. please call 430-6655 (TDD 439-3220).
Equal Employment Opportunity/Affirmative Action
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..
TOB~CCO
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A coalition of Minnesota ASSIST ~ a shared project between the
Minnesota Department .of Health and the AmeriL'an Cancer Society,
Minnesota Division and the communities. of Minnesota, funded
by the National Cancer Institute.
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TOBACCO ORDINANCE READING
STILLWATER CITY COUNCIL
JUNE 6, 1995 7:00 P.M.
PEOPLE REQUESTING TO TESTIFY IN SUPPORT OF TOBACCO ORDINANCE:
Brian Bates ;. Attorney with MN ASSIST.
. Nancy Schlagel ~ Lakevie"Y".Hospital, American Cancer Society, Stillwater resident
Dr. Paul Quinn -' Fl;imily Practice.Physicican with S1. Croix Valley Clinic
Cancer Survivor - Stillwater resident
James Laskin -City of Stillwater Chamber of Commerce
Wayne Om - Stillwater High School health teacher
Desta Meyer / Jessica Junker - Stillwater High School s"tudents, SAI;>D Chapter.
Gayle Parizino - Stillwater School District nurse
Stillwater Football Team representatives
Leslie Wardell - Stillwater Police Department; DARE. Officer
SuzAnn Stenso~Velo~ Tobacco Free Future Chair, Washington County Department of Health
Stillwa~er residents and parents
wchebn\arsv\tffuture\tord~op .595
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For mo" information about Tobacco F"e 'Future ca1l4i0-6655.
If you need assistance due to disability or language barrier, please call 43Q-6655 (TDD 439-3220).
. Equal EmPloyment Opportunity/Affirmative Action .
MAR- 3-95 FRI 15:09
:r:y OF ST~LLWATER
FAX NO. 6]24390456
P.02
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AN ORDINANCE OF THE CITY OF STILLWATER
ORDINANCE NO.
AN ORDINA.~CE RESTRICTING THE SALE A.~ CONSUMPTION
OF TOBACCO PRODUCTS BY MINORS IN nm CITY OF STILLWATER
ROUGH
Dl'J1~:T
. H'til~
... -"\
THE CllY COUNcn.. OF THE CITY OF STn.LW A TER DOES ORDAIN:
1. Liunse Required. No person shall keep tobacco or tobacco related products, as the term is
defined in Minnesota Statutes Section 609,98S. Subd. I, for retail sale or .ell these products at
retailln the City wIthout first obtaininl a license from the City. No tobacco ptoduCIS shall be
soJd at retall except at a retall establishment.
2. Awlication. An application for a license to soIl tobacco product& at retaU must submit an
application to the City. Tho application shall state the applicant's nan1e, bl1Smess name, busineJS
address, bu&iness phone and the address of the retall establishment for which the appJicatlon. Is
made.
3. License Pee. The license fee for a license to sell tobacco products at retail shan be fixed by the
City Council by resolution and may be revised from timo to time.
4. Dmn. All tobacco products licenses shall expire the last day of me calendar year in which the
license was issued.
S. License Approval. Denial and Revocation. The issuance or relssuanctt of a lobacco products
license will be iranted or denied by the City Councll. Conditions may be imposed on a license
to ensure compliance with all laws and to protect the health and welfare of residents of the City.
A license may be denied or [evoked for any of the following reasons:
,
a. failure to complete the application;
b. misstatements in the application;
c. failure to comply ",ith the terms of a previous license or any provision of law rep1atfnl
the sale of tobacco products.
6, License Restrictigg.
a. No person shall sell, offer for sale, give, furnish or by any means deliver any kind of
tobacco product to any p~SOD und~ the ale of 18.
b. A licensee is responsible for the conduct of the licensee's employees while the employees
are on the licensed premb!es and any sale or othet disposition of tobacco productS by an
employee to a person under the ale of 18 shall be considered an act of the licensee.
c. No licensee shall offer' tobacco products for sale by self-service merchandism, de\1ces.
A self-service merchandislni device means an open display of tobacco products to which
th" public has ac~ess wilhout the intervention of an employee of a retaD establishment.
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MAR- 3-95 FR; 15:10
CITY OF STILLWATc~
FAX NO. 6124390456
P.03
."
The sale of tobacco produ.:u from vending machines is prohibited. No person shall place any
sign, poster, placard. devise, graphic display or other form of advertising for tobacco products
in a publicly visible location.
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7. License _ltUPections. City pOlice officers must conduct insJ'ectioQ of' licensed retaU
establishments at least once each year.
8. Licem;e Violatio..
L Any person who ',iotales any provision of this Ordinance shall be JUilty of a
misdemeanor and upon conviction, shall be subject to a tine of up to $700 or 90 days in
jail or both.
In addition to the cdminal potentiates whlch may be fmposecl by a Court of Law, the City may
revoke the lice.nso to seU tobacco productJ on a findiog that the licensee baa violated the terms
of the Jicen.so, this Ordinance, or any state law restriet1na the sale of tobacco producta.
9. SAVING. ThII Ordinance shall be deemed to repeal any provisioN of the Cit)' Cod. now in
effect that rnlJht conflict with any of its provisions. Aside from these chaDiel. the romainder
oC the City Code sball remain In full force and effect.
10. Effective Date. The Ordinance shall be in full foree and effect from and after its passage and
publication accordlni to lIw.
Adopted by the City Council of the City of Stillwater this
day of
, 1995.
Jay L. Kimble, Mayor
ATrEST:
Morli Weldon, City Clerk
Publish:
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Penalties
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Vendor Penalties
Several cities have adopted a penalty system which involves a short license suspension on the fIrst viola-
tion. Vendors hate it! Most vendors will fIght a suspension on a fIrst violation. Almost none will fIght a
modest fme. Loud voiced and angry vendors make unhappy councilmembers!
Large vendors claim huge potential fmanciallosses and have trouble accepting responsibility for the
actions of their clerk. "I am responsible for the violation, I deserve the penalty," is not a typical vendor
response. Many say, "How can you expect me to be responsible for every single action of my clerks. I
can't watch them all the time. What if a disgruntled employee is out to get me? Then I am the one who
gets hurt."
Fines tend to be more burdensome for small vendors than for large volume dealers. Suspensions tend to
be harder for large vendors to swallow. A compromise might be to have a vendor option on the fITst two
violations, for example a $250 rme Q! a 3 day tobacco license suspension. On the second violation those
could be doubled.
Most people agree that after a certain number of violations a vendor should lose the privilege of selling
tobacco. Most communities which have considered it have adopted a three-times-and-you're-out ap-
proach. St. Paul provides for a short suspension on the third violation and a revocation on the fourth.
Their licensing people would have preferred no suspension but a significant fIne on the third violation.
Their attorney advised them to include a suspension in the matrix. Staff indicated it takes almost as much
time to process a suspension as a revocation.
Since license suspension seems to be cumbersome it might be worth discussing with the city attorney a
matrix which includes a revocation for the fmal penalty without any provision for a suspension. A com-
promise might be offering a significant fine or a suspension as a vendor choice on the penultimate viola-
tion.
In the name of passing a good ordinance without a great deal of opposition, a reasonable fine system
should be the focus of early violations. Revocation can be reserved for those vendors who have demon-
strated they are unable or unwilling to comply with the law.
Clerk Penalties
Vendors frequently complain that they are held hostage by their clerks. They state that the vendor loses
money and potentially the license to sell tobacco while the clerk who committed the violation loses
nothing. (Actually, the clerk usually loses his or her job.) It is a gross misdemeanor to sell tobacco to a
minor but virtually no one sees criminal prosecutions as an effective way of reducing illegal sales. Every-
one must be held accountable. As a fairness issue, a modest fine would seem reasonable to both the clerk
and the vendor. Many store managers are so frustrated when they fail a compliance check that they
simply fue the clerk. If there is a fme, the manager may feel less prone to fue the clerk, feeling that some
punishment has been administered.
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Falcon Heights and Roseville have systems that work like a traffic ticket Clerks faCe a $25 fme for a first
offense and $100 for a second. They have had this system for only a few months but so far it seems to be
working.
Other important tobacco control options to consider
Vending machines e
Roseville, Falcon Heights, Shoreview and White Bear Lake all prohibit vending machine sales. Research
has shown that even very young children can easily purchase tobacco from vending machines. Although
the vending industry would prefer lesser restrictions such as placing vending machines within clear view
of an employee, or only allowing them in liquor establishments. research indicates that these provisions
are not effective. The community to most recently consider vending machine restrictions was Eden
Prairie where it was not particularly controversial and easily enacted.
Eliminate self-service of tobacco
Shoreview, Falcon Heights and Roseville currently have ordinance which restrict tobacco self-service.
Tobacco can and we believe should be a customer assisted item. That is. the product should be dispensed .
like the "contrOlled substance" it is rather than on open racks next to the candy. Many stores now keep
their tobacco products behind the counter or, in the case of cartons. in locked cases. This method of
display virtually eliminates shoplifting, and many stores report it also almost eliminates employee theft. It
also makes it harder for minors to purchase tobacco since they must actually ask for it before they begin
to make the purchase.
Research done at the University of Minnesota School of Public Health and the Department of Public
Health in Petaluma, California shows that minors have a much harder time purchasing cigarettes when
they must ask for the product. Eliminating self-service is an effective way of reducing illegal sales and
shoplifting, but it is generally strongly opposed by at least some vendors. Their arguments against this
provision are that it is costly or inconvenient and could involve remodeling. Health advocates are not
unimpressed with this argument considering the number of retailers who have done this on their own to
reduce shoplifting. Compromises are possible and could include putting everything less then a carton
behind the counter as a customer assisted item or a phase in of several years during which vendors would
have to go to nonself-serve when they remodel or by a specific date.
Adults only sellers
Although minors may not purchase, attempt to purchase, use or possess tobacco. a loophole in state law
allows minors to sell tobacco. Research and common sense indicate that youthful clerks are more likely
to sell to agemates than are older clerks. Young clerks can become a ready source of cigarettes for their
friends and the pressure to be "suppliers" can be irresistible. Several communities have passed ordinances
requiring sellers to be lS.or older, the same as the age for purchasing tobacco. This is controversial as
vendors claim they have trouble filling their relatively low wage jobs with adults. When Eden Prairie
passed their ordinance vendors indicated several teens would lose their jobs. In communities where these
ordinances are in place. there does not seem to be a greater unemployment problem for youth. Adults-
only sellers plugs an important source of illegal cigarettes. However it can be a difficult vote for council
members as vendors may bring in several young people and indicate these youths will be frred if the
ordinance passes. Council members should only consider this provision if they are solidly committed to
this as sound public policy, even if a few people are temporarily inconvenienced.
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Reduced license fees for vendors who install scanning-lock out devices.
Electronic scanning is now the retail nonn. It is relatively simple to install a "lock" in the scanning
program so when a tobacco product is scanned, the clerk is alerted to check ID. The clerk must over-
ride the lock before proceeding and is a constant reminder for the clerk. Some systems display the date
before which the customer must be born to legally purchase the product This could also be used for
beer, cigarette lighters and lottery tickets.
To date no Minnesota communities have required the installation of this equipment but its use is recom-
mended in the Working Group Findings and Recommendations of the 28 State Attorneys General (report
attached). A creative approach to this technology would be to give vendors who installed it a discount
on their tobacco license. A suggestion would be to charge $250 for the tobacco license but only charge
$150 for vendors who have scanning-lock outs installed. A discount could also be granted on the tme
schedule as this would clearly indicate a higher level of management commitment that is worth encourag-
ing.
Required training
The tobacco industryis keen on communities requiring vendors to train their clerks. Although clerk
training seems useful, there is little indication that training alone has any effect on illegal sales. Frequent
compliance checks, by management or law enforcement, and quality supervision are more likely to reduce
illegal sales. In much of the retail industry, the turn-over among clerks is about 300% per year. That
means that most clerks in a particular the store are essentially inexperienced. Supervision, use of tech-
nologies like the scanning devices, and limiting the total number of clerks handling sales, such as all
tobacco sales processed through a service counter, are all more likely to reduce illegal sales than is any
requirement for annual training. Required clerk training alone is viewed by most health professionals as a
harmless but ineffective way of reducing the supply of tobacco to youths.
Restrictions on location of tobacco licenses
In most communities an establishment must be a certain distance from schools, churches and play
grounds to receive a liquor license. The same provisions should be considered for all new tobacco
licenses. A reasonable distance would be 500 feet It would be practical to "grand parent" in any exist-
ing licenses so this provision would only affect licenses issued to new establishments. The language
might read, "No license shall be issued for a premises which is within five hundred feet of the property
line of any school, church, or playground. This provision does not pertain to renewal of licenses issued
prior to XXX date or to a reissue of a licenses to an existing premises which has continuously held a
tobacco license for at least two years."
Advertising restrictions
Tobacco advertising is commercial speech rather than political or religious speech. The Supreme Court
has detennined that cOIlllD,unities can impose restrictions on commercial speech which would not be
allowed on other categories of speech. Some communities prevent all billboard advertising, litter on a
stick. This is done primarily out of a concern for preserving urban beauty and preventing clutter and
decay.
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The State of Utah prohibits billboard advertising of tobacco and the City of Baltimore recently banned
most tobacco and alcohol billboards. The Utah law has been in effect for decades and the more recently
enacted Baltimore ordinance was recently upheld in federal court (it is on appeal). Other cities, large and
..
small, are now considering ordinances similar to the Baltimore ordinance. A moratorium on new bill-
board construction and preventing major enhancements and repairs of old billboards would improve the
urban landscape and reduce the amount of undesirable promotion which reaches young people. A video, ..
Signs, Signs, The Economic &: Environmental Benefits of Community Sign Control, is available from ..
ANSR. This powerful video focuses on effective sign regulations in several U.S. cities.
Preston, Minnesota recently restricted tobacco point-of-sale advertising, like signs, shopping baskets, and
aisle dividers. Vendors are limited to simple signs listing available brands, prices, etc. Preston's ordi-
nance was challenged in court but is still in effect and other communities are studying this approach to
reducing illegal sales and demand. The Attorneys General Working Group recommended that in-store
displays and promotional items that encourage minors to buy tobacco be removed and, depending on the
outcome of the Preston suit, other cities are expected to follow Preston's lead in accomplishing that
recommendation. Copies of the Preston and Baltimore Ordinances as well as additional legal information
are available from ANSR. .
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<. - .. . ORDINANCE PROVISIONS: Chanhassen Eden Prairie Edina Falcon Heights
Ucense Fee S25 $250 $250 $250
1 st Offense 10 day IUspension May IUspend or rwoIc8 0 S200 Fine
2nd Offense 20 day IUspension CouIdlUspend $500 Fine & 5 day IUspension
Vendor Penalties (He Note 2)
3rd Offense 1 year I8VOC8tion RevocaIion
4th Offense
1 st Offense Nole 1 Nole 1 . $25
Clerk Penalties 2nd Offense $100
3rd Offense Nole 1
Vending Machine Prohibited X X X X
Vending Machine Restricted
No Self Service X
Self Service Prohibitions
No Single x X
Packs
No self.service
less than a
carton
Seller 18 or Older X x
Random
Compliance Checks Unannounced
(by ordinance or city policy) Once Yearly
Twice or More x X X
per Year
Movable place of business prohibited X X X
Prohibition on point-of-saIe advertising
All billboards X
banned
Billboard Prohibitions
Tobacco
billboards
banned
1. State law makes it a gross rrisdemeanor to sell tobacco to a minor. This law ~ applied only to !he Clerk.
I 2. Revocation can be imposed if cigarettes are sold during a suspension.
0IIDHCES3. TBL
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This chart prepared by:
Association for Nonsmokers - Minnesota
2395 University Avenue West Suite 310
Saint Paul, MN 55114-1512
(612)646-3005 FAX (612)646-0142
ORDINANCE PROVISIONS: New Preston RosevIle Shoreview Sl Pm I
Brighton Minneapolis
License Fee $250 $12 $25 $250 "50
15t Offense "50 $200 $200
2nd Offense 2 day IUSpension S500 $400
Vendor Penalties 3rd Offense 5 day IUSpension $1000 or 5 day 30 day a1spension
SlISpIIISion
4th Offense R8vocation "500 or 5 day RevocaIion
suspension (Noll 3)
15t Offense Note 1 Note 1 "00 S60 Note 1
Clerk Penalties 2nd Offense "25 $100
3rd Offense $156.25
Vending Machine Prohibited X X
Vending Machine Restricted X x X
N9 Self Service
Self Service Prohibitions
No Single X
Packs
No self-service X
less than a
carton
Seller 18 or Older
Random
Compliance Checks Unannounced
(by ordinance or city policy) Once Yearly
Twice or More X X X X
per Year
Movable place of business prohibited Note 2 X (Motor vehicle)
Prohibition on point-of-sale advertising Raslricts number 01
ads & tllombstlne
ads only
All billboards X X
banned
Billboard Prohibitions
Tobacco
billboards
banned
1. State law makes it a gross nisdemeanor to sell tobacco to a minor. This law is applied only to Ihe derk.
2. No ficenses cunenUy issued to movable place of business.
3. Additional penalties for further violations.
CIlOIlCES2. TBL
This chart prepared by:
Association for Nonsmokers - Minnesota
2395 University Avenue West Suite 310
Saint Paul, MN 55114-1512
(612) 646-3005 FAX(612) 646-0142
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Characteristics of a good ordinance
1. Charge a license fee sufficient to cover costs associated with providing twice yearly compliance
checks. Metro communities have been adopting fees in the $150 to $250 range without significant
vendor objections. In most cases fees were set decades ago and do not reflect fees paid for other licenses
and services.
2. Make it clear that all vendors are to be checked twice annually with violators checked more fre-
quently.
3. Provide penalties on the first two violations which are relatively light and easily accepted by vendors
so processing "first time offenders" does not tie up extraordinary resources in time and money.
4. Use administrative rather than criminal penalties.
5. Specify the penalty period, for example. "a second violation within a 36 month period."
6. Specify that law enforcement (or licensing di\"ision) will make an annual report back to the council'
summarizing the results of compliance checks.
Characteristics of a good ordinance, Penalties, and Other important tobacco control options to consider
were prepared by the Association for Nonsmokers - Minnesota (ANSR). We hope you will call for
further infomtation. You are free to copy and distribute thim 'f\'ith attribution toANSR.
~~~~
Association for Nonsmokers-Minnesota
2395 University Avenue West Suite 310
Saint Paul, Minnesota 55114 -1512
(612) 646-3005 FAX: (612) 646-0142
Assisting Community
foT II TobIlCCO-F,. En .
~SIS; .
Youth Access to Tobacco
~ Each day, the tobacco industry must recruit over 3,000 youth to begin
using tobacco to replace those people who either die or quit smoking.'
~ State and national smoking rates suggest that the tobacco industry is
succeeding in recruiting our nation's youth. Since 1980, daily tobacco use
among U.S. high school students has not declined.2 .According to the
1992 Minnesota Student Survey. 22% of high school seniors use tobacco
daily. a percentage unchanged from 1989.3
~ Boys are at a particularly high risk for using smokeless tobacco. In a
University of Minnesota study. 44% of 8th, 9th and 10th'grade boys
reported using smokeless tobacco..(
~ AlthoUgh it is now illegal in all states to sell tobacco to minors, children
and adolescents have easy access to tobacco products. Studies in Minne-
sota have shown that 84% of girls and 59% of boys can easily purchase
tobacco over the counter. S Vending machines are an even easier source:
89% of girls and 75% of boys successfully bought cigarettes.6
~ Youth are well aware of the easy availability of tobacco. 880/0 of 16-17
year-oIds who do not smoke believe it would be easy for them to get
cigarettes.7
~ Most people who smoke begin smoking during childhood or adolescence.
The average age people first try smoking is 14.5 years, and 88% of persons
who have ever uied a cigarette have done so by age 18. 71% of those
adults who currently smoke every day started smoking by age 18.' '
~ The powerful effects of nicotine take hold very quickly. 63% of teenagers
who smoke consider themselves to be addicted.'
~ 70% of teenagers who smoke regret that they ever started. 64% have tried
to quit. and 49% have uied to quit within the last six months.'
~ Although all states prohibit the sale of tobacco to minors, the Inspector
General found in 1992 that only two states were enforcing their access
laws statewide. to Minnesota is not one of those two states.
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lkgr 1 Df 2 - l6uth Acress t() 7Ob4<<O
72 ~ Community Action Book: Appendix D
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.:. Preston's Ordinance Restricting
Point-oj-Sale Advertising
An Ordinance Regulating Certain Advertising of
Tobacco Products
The City Council of the City of Preston Ordains as Follows:
Section 1. The City Council of Preston, Minnesota:
1) fmds that the purchase and/or possession and/or use of tobacco
products by persons under the age of 18 in the State of Minnesota is
illegal;
2) fmds and believes after careful study and deliberation that the
City has a substantial and important interest in reducing the
likelihood of the illegal use of tobacco products by persons under
the age of 18 years;
3) believes, based on the United States Surgeon General's 1994
report, that the earlier young people begin using tobacco products,
the more likely they are to use such products as adults;
5) believes, based on experience and the United States Surgeon
General's 1994 report, that tobacco products are often "gateway"
drugs; that is, the use of tobacco products often precedes the use of
other illegal drugs; .
6) believes, based on experience and the United States Surgeon
General's 1994 report, . that most persons under the age of 18 who
use tobacco products are addicted to nicotine;
7) believes that restricting point-of-sale advertising at retail outlets
will decrease the risks posed by tobacco products to person under
the age of 18;
from Community Tobacco Control:
A HlI1IIIbool: for Community Action.
Association for Nonsmoken -
Minnesota. 1994.
8) believes that it is the duty of the City Council to take reasonable
steps to protect the well being of persons under the age of 18.
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Reprinted with permiuion.
Section 2. Definitions.
"Tombstone Sign" shall mean a sign that indicates to retail
customers that tobacco products are for sale. The tombstone sign
Community Action Book: Appendix D <- 73
may display only the brand name. description. tar and nicotine conten~
any warning labels required by federal law, and the price of the
tobacco product being advertised. The tombstone sign shall be no
larger than 8 'h x 14 inches. Only letters and numbers may appear on
the tombstone sign. No pictures. figures. logos. or anything else may
appear on the tombstone sign. The letters and numbers on the
tombstone sign shall be in black, block letters and numbers on a white
background. The letters and numbers on the tombstone sign shall not
exceed one inch in height.
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"Point-of-Sale Advertising" means any advertising or promotion of
any kind within or upon the retail establishment of the licensee where
the tobacco product is offered for sale. including. but not limited to.
advertising or promotion indoors and outdoors, on clocks. on grocery
dividers. on displays and display racks. ashtrays, trash cans,
catalogues. uniforms, and t-shirts. or other clothing. Point-of-sale
advertising includes a display of any logo. brand name. character,
graphics, colors. scenes, or designs that are either trademarks of a
tobacco products brand or images generally associated with a
particular tobacco productS brand. Point-of-sale adverting does not
include the display of tobacco products.
Section 3. Prohibition.
Point-of-sale advertising of tobacco products. by any means other than
tombstone signs. is prohibited. More than two (2) tombstone 8 112 x 14
inch signs in or on a retail establishment is prohibited.
Section 4. Penalty.
A violation of this ordinance shall be considered a violation of the
license to sell tobacco products at retail and may lead to a suspension
or revocation of that license. .
Section 5. Effective Date.
This ordinance shall take effect on the 15th day of June 1994.
Adopted by the Council of the City of Preston. Minnesota this 13th
Day of May 1994.
Earl Hoff. Mayor
Attest:
Barbara Hampel. City Clerk
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NO SALE: YOUTH, TOBACCO
AND RESPONSIBLE RETAILING
December, 1994
Arizona Attorney General Grant Woods
Arkansas Attorney General Winston Bryant
*Connecticut Attorney General Richard Blumenthal
Florida Attorney General Robert A. Butterworth
Guam Attorney General Donald L. Paillette
*Hawaii Office of Consumer Protection
Philip Doi, Executive Director
*Iowa Attorney General Bonnie J. Campbell
Kansas Attorney General Robert T. Stephan
*Louisiana Attorney General Richard P. Ieyoub
*Maryland Attorney General J. Joseph Curran, Jr.
*Massachusetts Attorney ~nera1 Scott Harshbarger
Michigan Attorney General Frank J. Kelley.
*Minnesota Attorney General Hubert H. Humphrey, ill
Mississippi Attorney General Mike Moore
Montana Attorney General Joseph P. Mazurek
Northern Mariana Islands Attorney General Richard Well
New Jersey Attorney General Deborah T. Poritz
New Mexico Attorney General Tom Udall
*New York Attorney General G. Oliver KoppeJl
*Oklahoma Attorney General Susan B. Loving
*Rhode Island Attorney General Jeffrey B. Pine
*Texas Attorney General Dan Morales
Utah Attorney General Jan Graham
*Vermont Attorney GeneraaI Jeffrey L. Amestoy
Washington Attorney General Christine O. Gregoire
West Virginia Attorney General Darrell V. McGraw, Jr.
Wisconsin Attorney General James E. Doyle .
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* Denotes member of the Working Group
\.\NO SALE.: YoVTH ,ne.A(CO ANi) RJ::..5~"DN5jj3J: RETtttwNb-"
FincJing) Cli1c1. rUCMlYJendcmc-r75 ~ a ~V:~(!9 trcVf cF- 5~ .4mH/~"j r?en.ev.:d.
Executive SummAry
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In May, 1994 twelve state Attorneys General formed a Working Group to study
the problem of illegal tobacco sales to minors. 1 Despite state laws prohibiting these sales,
underage customers purchase over half a billion packs of cigarettes and twenty-six million
containers of chewing tobacco every year. The Attorneys General are concerned about these
sales because, in addition to being illegal, cigarette smoking is an addiction typically initiated
during the teenage years.
Ninety percent of smokers report that they began smoking as teenagers. The
average age at which teenage smokers first begin smoking is thirteen to fourteen years, and by
age eighteen, teens are smoking at a rate very near the adult rate. Unlike adolescent use of
alcohol and other drugs, adolescent smoking behavior has not declined since the early 1980's,
and some statistics show an increase in underage smoking. In 1990, nineteen percent of high
school seniors smoked daily, and twenty-nine percent had smoked in the last month.
These smoking rates illustrate tha~ yOung people have ready acces~ to. tobacco.
And, from all studies, it appears that their major source of tobacco is from over-the-counter
sales by retail merchants. Because of the health hazards that flow from tobacco use, Congress,
in 1992, passed legislation mandating that states improve their enforcement of laws prohibit-
ing the sale of tobacco products to minors. To promote compliance with the requirements of
this federal legislation and with our state laws, the Working Group met with various segments
of the retail community, including representatives from convenience stores, supermarkets, gas
station stores, drugstores, and discount stores, as well as their. respective trade associations, to
1 The members of the Working Group are listed on the inside cover page of this report.
Eleven of these states were represented by their Attorney General. Hawaii was represented by
the Executive director of its Office of Consumer Protection. In addition, many other Attorneys
General have endorsed the recommendations of the Working Group. These endorsing states are
also listed on the inside cover page. The views expressed in this report are those of the
Attorneys General listed and do not necessarily reflect the public policy of their respective
states.
-1-
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e determine what efforts were being made by retailers to prevent tobacco sales to minors. The
W orldng Group was particularly interested in those efforts that had proven most effective at
reducing or eliminating illegal tobacco sales.
After carefully reviewing the information we gathered during the course of this
investigation, including our meetings with the retail industry and our examination of their
current training materials, electronic price scanner systems, product placement criteria, signage
and in-house monitoring systems, the W orldng Group recommends that the following measu-
res be undertaken by all tobacco retailers to substantially reduce illegal tobacco sales to minors:
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· USE SECRET SHOPPERS TO MONITOR EMPLOYEE COMPLIANCE WITH
THE LAW AND REWARD EMPLOYEES WHO COMPLY
· PROGRAM EXISTING ELECTRONIC PRICE SCANNERS WITH TOBACCO
"LOCKS" TO HELP CONTROL TOBACCO SALES
· EXPEDITE THE USE OF PRICE SCANNER SYSTEMS WITH TOBACCO
"LOCKS"
· DEVELOP EFFECTIVE TRAINING .MATERIALS ON AVOIDING ll..LEGAL
TOBACCO SALES TO .MINORS, AND GIVE TInS TRAINING EQUAL
EMPHASIS WITH TRAINING ON AVOIDING ll..LEGAL ALCOHOL SALES
· HOLD STORE MANAGERS ACCOUNTABLE FOR THEIR STORES'
COMPLIANCE WITH THE LAW
· KEEP TOBACCO PRODUCTS BEHIND THE SALES COUNTER OR IN
LOCKED CASES
. DO NOT SELL SINGLE CIGARETIES EITHER IN OPEN DISPLAYS OR
FROM BElDND THE COUNTER
. POST PROMINENT SIGNS TO REINFORCE THE LAW
· REMOVE CIGARETTE VENDING MACHINES FROM RET All.. STORES
· REQUIRE PROOF OF AGE, IN THE FORM OF A RELIABLE
PHOTOGRAPlDC IDENTIFICATION, FOR ANYONE WHO APPEARS TO BE
TWENTY-FIVE OR YOUNGER
. REMOVE ADVERTISEMENTS, IN-STORE DISPLAYS AND PROMOTIONAL
ITEMS THAT ENCOURAGE MINORS TO BUY TOBACCO
-2-
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IN THE ALTERNATIVE. RETAll..ERS WHO PREFER NOT TO TAKE __
PROACTIVE STEPS TO PREVENT ll..LEGAL SALES SHOULD CONSIDER
SIMPLY ELIMINATING TOBACCO FROM THEIR STORES
The Working Group also recommends that the states strengthen laws banning the
sale of tobacco to minors and improve enforcement by applying the following principles:
· LEGISLATURES SHOULD BE WARY OF SOLUTIONS ADVANCED BY THE
TOBACCO INDUSTRY
· STATE LEGISLATION SHOULD NOT PRE-EMPT LOCAL ORDINANCES
· STATE LAWS SHOULD CREATE OR REQUIRE A LICENSING SYSTEM
FOR TOBACCO SALES
· THE LICENSING AND ENFORCEMENT SYSTEM SHOULD BE SELF-
SUPPORTING
· THE LICENSING SYSTEM SHOULD USE GRADUATED FINES. WITH
LICENSE SUSPENSION FOR REPEAT OFFENSES
· THE LAW SHOULD INCLUDE POSITIVE INCENTIVES FOR RESPONSIBLE
RET All..ING
· THE LAW SHOULD REQUIRE PERIODIC COMPLIANCE CHECKS
· THE LAW SHOULD NOT LIMIT WHO CAN CONDUCT COMPLIANCE
TESTS
· STATE LAWS SHOULD LIMIT YOUTH ACCESS TO TOBACCO BY
RESTRICTING VENDING MACHINE SALES AND PROHIBITING FREE
SAMPLING
· STATE LAWS SHOULD REQUIRE DRIVER'S LICENSES TO BE DESIGNED
TO MAKE AGE IDENTIFICATION EASY
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~SIS;
Questions and Answers on Tobacco
Advertising and Promotion
QWhy should tobacco advenising and
promotion be banned? Tobacco advenis-
ing doesn't encourage people to smoke; it
only encourages them to smoke the brand
advenised. What's wrong with that?
A Tobacco advertising promotes smoking. not
just brand switching, because tobacco
companies must continue to build their
market share. Tobacco advertising rein-
forces the addiction that people have to
tobacco, at a time when many may be
attempting to quit.
Tobacco advertising sends incorrect mes-
sages such as:
· Smoking is the accepted social norm;
· Smoking promotes healthy, active,
attractive, and successful lifestyles;
· Smoking is the key to social success and
upward mobility, despite the fact
that higher income groups smoke less
than other groups;
· Smoking is an "adult" thing to do.
QThe tobacco industry is very civic minded.
It supports important community organi-
zations and events. What's so bad about
that?
'e
A Tobacco manufacturers are not altruistic
philanthropists. The ban on broadcast
advertising has led them toward ever more
ingenious and subtle methods of promoting
their product. The industry's suppon of
many events or institutions is nothing more
Pag~ 1 of 2 - Qu~stions ana AnsUln'S on Aav~nis;ng ana Promotion
than hush money. The dependence of
community events and organizations upon
tobacco money may mute the condemna-
tion of smoking by community leaders.
The industry's donations provide them
with "innocence by association" and
depicts them in a positive light.
QHaven't expen studies failed to "prove"
that cigarette advenising increases smok-
ing? There is also no evidence that ad
bans aub or reduce smoking.
A Since the start of the "Old Joe" Campaign,
Camel's share of the illegal children's
cigarette market has increased from 0.5%
to 33%, representing about $476 million
in annual sales.! In the United States, the
ban on broadcast advertising. the most
potent form of advertising to young
people, was followed by a sharp and steady
decline in smoking.
Q Don't advenising bans interfere with
consumers' freedom of choice?
A Most people who smoke (70%+) begin
when they are tOO young to understand the
risks, and by the time they are old enough
to make an informed choice, their addic-
tion undermines their freedom of choice.
Most cigarette advertising contains very
little product specific information; it
generally promotes only a false image of
smoking as healthy and glamorous.
QDon't advertising bans interfere with
tobacco companies' freedom of speech?
A All democratic societies regulate commercial
speech in the interest of truth and public
health. Many legal productS have extensive
resuictions imposed upon their advertising
and promotion, including pesticides, saccha-
rin, prescription drugs, and firearms. No
society equates commercial advertising with
the forms of speech associated with democ-
racy: freedom of the press to repon the
news, freedom of political dissent, and
freedom of the artS.
QIsn't tobacco advertising and promotion
already regulated and controned by indus-
try codes?
A The codes are voluntary and are not en- '
forced. Tobacco companies promise to adopt
the codes. to head off suonger government
action, then consistendy ignore and violate
their own resuictions.
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REFERENCES
1. DiFranza R. et ala -RJR Nabisco's Canoon Camel Promotes Camel Caguencs to Chlldren.. Jtnn7IIll tfth~ Amniom e
MnJiuJ~" 199.1;266:3149-3153. .
Material adapted from The Advoc:ac:y Institute. Washinpn, D.C., 1993.
.Ap 2 tf 2 - QrustiIJ", ."J AIIIIWn." /1//wnisi~ aJ Pro1ll/ltUm
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FACf SHEET: TOBACCO IS EASY FOR anLDREN TO GET
By age 17,77% of kids have tried smo~g and 25% have become
regular smokers (Youth Risk BeJuruior Survey, 1990)
73% of minors who smoke started by age 15 (Teenage Attitudes and
p'ractices Survey, 1993)
2.7 million children have smoked a whole cigarette by their 13th
birthday (Teenage Attitudes and Practices Survey, 1993) .
75% of 8th graders and 89% of 10th graders say that cigaretteS are easy
to get (Monitoring .the Future Survey, 1993)
Minors smoke over 500 million packs of cigarettes per year. Half of
these are illegally sold, garnering over $500 million in illegal sales
(American Journal of Public Health, 1994)
44% of daily smokers among a survey of 7,800 ninth graders report
having shoplifted cigarettes (Roswell Park Cancer Institute, 1992)
Minors are successful in purchasing cigarettes from vending machines
88% of the time (Surgeon General's Report, 1994)
Vending machines are used more frequently by younger smokers: 22%
of 13 year-olds use them compared to 2% of 17 year-olds (National
Automatic Merc1uzndising AsSOciation, 1989)
Kids are successful in purchasing cigarettes over the counter 67% of the
time (Surgeon General's Report, 1994)
Small convenienc~ stores are the most prevalent source of illegal
cigarette sales for older teens (Teenage Attitudes and Practices Survey,
1993)
Facts About Tobacco Use
Smokers in the Population
· Smokers account for about 30% of the population
· TobaccG use in the U.S. is decreasing by only .5 to 1 % per year
Kids and Smoking
· However, among youth even this small decrease is not taking place: .
- The prevalence of cigarette smoking among high school seniors has been
virtually unchanged since the early '80s .
-- The rate of smoking among young women has actually risen
-- Tobacco was the only drug that didn't sho"w a decrease in use since 1989 among
those polled in the Minnesota Student Swvey
The Damage Smoking Causes
· Smoking kills an estimated 435,000 Americans each year -- more than alcohol,
heroin, crack, car and airplane accidents, homicides, fIres, suicides and AIDS
combined. .
e
· Among those deaths are 38,000-43,000 non-smokers who contracted
cardiovascular disease or lung cancer from environmental tobacco smoke (second- .
hand smoke)
· In Minriesota alone, smoking accounted for 6,100 deaths, or 18~ of all deaths, in
1990 . .
-- 44% were from cardiovascular disease, including heart attack and, stroke
-- 33% were from cancers of the lung, cervix,bladder, pancreas and kidney
- 23% were from respiratory diseases such as pneumonia, asthma, bronchitis and
emphysema . .
-- .4% were from cigarette-ignited fireS .
· Smoking-related diseases cost each Minnesotan $247 in 1990, according to the
Minnesota Department of Health. .
-- Direct health care costs assoaared with smoking-related diseases were $355
million, or $81 per Minnesota resident . . ..
-. Lost income due to premature death or disability cost $641 million, or $146 per
Minnesota resident
----y .
· The cigarette is the only legal product that:.
- kills more than one out of three long-term users and disables many more, when
used as intended .
- is as addictive as cocaine or heroin
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FACT SHEET: IT'S EASY FOR CInLDREN TO GET HOOKED
89% of adult daily smokers started ~oking by age 18; 71% were
already daily smokers by that age (Natio7Ull Household Surveys on Drug
Abuse, 1991) .
44% of teens who smoke regularly are daily smokers <Teenage Attitudes
and Practices SUT'Dey, 1993) .
4.5 ~on kids smoke with ov~ 3 million smoking regclarly and 1.5
million experimenting (Teenage Attitudes and Practices SuI >>ey, 1993)
_.j.~
..... - .' 1/3 to 1/2 of kids who' experiment witl:l smoking become regular
smokers (Surgeon General's Report, 1994)
f~.
-""'.,
..... ~ . The average teen smoker had his/her first whole cigarette by age 13 and
became a dally smoker by age 14.5 (Teenage Attitudes and Practices
Survey, 1993)
~
~: "...
- _.~. - 63% of teen smokers consider themselves addicted to cigarettes (Ganup
Organization, 1994) .
.
-i~'
- -.... 70% of teen smokers say that given the chance to do things differently,
they wouldn't have started smoking (Ganup Organization, 1992)
~"-
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. . .
_.'.
The younger a child begins smoking, the more likely it is that he/she
will become a heavy smoker as an adult (Surgeon General's Report, 1994)
1995 CIGARETTE LICENSE HOLDERS
NAME
River Oasis-Gary Carlson, 806 S. Main St.
St. Croix Drug Company, 132 S. Main St.
South Hill Liquor Store, 117 W. Churchill Street
Stillwater Elks Lodge #179, 279 E. Myrtle St.
The Freighthouse, 302 S. Water St.
Holiday Foods, 101 N. Owens St.
Kinsel's Liquor Store. 119 E. Chestnut St.
Nelson's Dairy Store, 902 W. Olive St.
Brine's, 219 S. Main St.
Cub Foods, 2001 Washington Ave. N.
Hidden Valley Lounge, 231 E. Myrtle St.
John's Bar, 302 S. Main St.
The Lowell Inn, 102 N. Second S1.
Tom Thumb Store #219,2501 W. Olreans
American Legion Post #48, 103 S. 3rd Sl
Gateway Foods dba Brooks #26, 2289 Croixwood Blvd.
Twin Cities Stores, Inc., 1750 S. Greeley St.
Twin Crties Stores, Inc., 103 N. Main S1.
Trump's Deluxe Grill & Bar, 317 S. Main St.
Erickson Post, Inc., 2500 W. Orleans S1.
St. Croix Club Bar & Restaurant. 1240 Frontage Rd.
Food-n-Fuel, 1101 N. Owens St.
Mad Capper Saloon, 224 S. Main St.
Meister's Bar & Grill, 901 S. 4th St.
Pappy's, PO Box 463
Vittorio's, PO Box 437
Harbor Bar, 517N. Owens Sl
R & R Liquor, 1971 S. Greeley St.
Cat Ballou's, 112 N. Main S1.
Stillwater Country Club, 1421 N. 4th St.
Target Store T931. 2021 Market Drive
Sutler's Wines and Spirits, 2357 W. Curve Crest Blvd.
Send Target Stores App. to:
Target Stores
Attention: Financial Reporting, CC-24H
33 South Sixth Street
PO BOx 1392
Minneapolis, MN 55440-1392
Send Freighthouse App. to:
Mr. Larry McGraff
Freighthouse. Inc.
900 Second Ave. S.
Suite 1510
Minneapolis, MN 55402
Phone #
e
439-0928
439-5030
439-7979
439-5276
439-5718
439-3515
439-4622
439-3598
439-7556
430-2930
439-0119
439-9902
439-1100
439-2098
439-1435
439-3191
439-0214
439-8876
439-0024
439-0345
430-0585
430-1329
430-3710
439-9860
430-1147
439-3588
439-3224
430-2203
439-4567
RECENED
MAR l 2 lW:>
HELM
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Surgeon General's Report
{\pf{EVENTlNG- TOBACCO V5E. Af'JIoNG- youNG- P EoPlE ~
e+ RE..pot:Zr of -ntE. SOR6fa\l GENERAL II t994-
Summary
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Introduction
The health effects of cigarette smoking have been
the subject of intensive investigation since the 19505. Oga-
rette smoking is still considered the chief preventable
cause of premature disease and death in the United
States. As was documented extensively in previous Sur-
geon General's reports, cigarette smoking has been caus-
ally linked to lung cancer and other fatal malignancies,
atherosclerosis and coronary heart disease, chronic ob-
structive pulmonary disease, and other conditions that
constitute a wide array of serious health consequences
(USDlffiS 1989). More recent studies have concluded
that passive (or involuntary) smoking can cause disease,
including lung cancer, in healthy nonsmokers. In 1986,
an advisory committee appointed by the Surgeon Gen-
eral released a special report on the health consequences
of smokeless tobacco, concluding that smokeless tobacco
use can cause cancer and can lead to nicotine addiction
(USDlffiS 1986). In the 1988 report, nicotine was desig-
nated a highly addictive substance, comparable in its
physiological and psychological properties to other ad-
dictive substances of abuse (USDHHS 1988).
Considerable evidence indicates that the health
problems associated with smoking are a function of the
duration (years) and the intensity (amount) of use. The
younger one begins to smoke, the more likely one is to be
a current smoker as an adult. Earlier onset of cigarette
smoking and smokeless tobacco use provides more life-
years to use tobacco and thereby increases the potential
duration of use and the risk of a range of more serious
health consequences. Earlier onset is also associated
with heavier use; those who begin to use tobacco as
younger adolescents are among the heaviest users in
adolescence and adulthood. Heavier users are more
likely to experience tobacco-related health problems and
are the least likely to quit smoking cigarettes or using
smokeless tobacco. Preventing tobacco use among young
people is therefore likely to affect both duration and
6 Introduction
intensity of total use of tobacco, potentially reducing
long-term health consequences significantly.
Health Consequences of Tobacco Use
Among Young People
Active smoking by young people is associated
with significant health problems during childhood
and adolescence and with increased risk factors for
health problems in adulthood. Cigarette smoking
during adolescence appears to reduce the rate of lung
growth and the level of maximum lung function that
can be achieved. Young smokers are likely to be less
physically fit than young nonsmokers; fitness levels
are inversely related to the duration and the intensity
o.f s~~king. Adol~ent smokers report that they are
sIgnificantly more likely than their nonsmoking peers
to experience shortness of breath, coughing spells,
phlegm production, wheezing, and overall dimin-
ished physical health. Ogarette smoking during child-
hood and adolescence poses a clear risk for respiratory
symptoms and problems during adolescence; these
health problems are risk factors for other chronic con-
ditions in adulthood, including chronic obstructive
pulmonary disease.
Cardiovascular disease is the leading cause of
death among adults in the United States. Atheroscle-
rosis, however, may begin in childhood and become
clini~y significant by young adulthood. Cigarette
smoking has been shown to be a primary risk factor
for coronary heart disease, arteriosclerotic peripheral
vascular disease, and stroke. Smoking by children
and adolescents is associated with an increased. risk of
early atherosclerotic lesions and increased risk factors
for cardiovascular diseases. These risk factors include
increased levels of low -density lipoprotein cholesterol,
increased very-low-density lipoprotein cholesterol,
increased triglycerides, and reduced levels of
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Preventing Tobacco Use Among Young People
high-density lipoprotein cholesterol. lf sustained into
adulthood, these patterns significantly increase the risk
for early development of cardiovascular disease.
Smokeless tobacco use is associated with health
consequences that range from halitosis to severe health
problems such as various forms of oral cancer. Use of
smokeless tobacco by young people is associated with
ear~y indicators of adult health consequences, including
penodontal degeneration, soft tissue lesions, and general
systemic alterations. Previous reports have documented
that smo~e~ess tobacco use is as addictive for young
people as It 15 for adults. Another concern is that smoke-
less tobacco users are more likely than nonusers to be-
come cigarette smokers.
Among addictive behaviors such as the use of alco-
hol and other chugs, cigarette smoking is most likely to
become ~tablished during adolescence. Young people
who begin to smoke at an earlier age are more likely than
later starters to develop long-term nicotine addiction.
M~t young people who smoke regularly are already
addicted to IUcotine, and they experience this addiction
in a manner and severity similar to what adult smokers
experience. Most adolescent smokers report that they
would like to quit smoking and that they have made
numerous, usually unsuccessful attempts to quit. Many
adolescents say that they intend to quit in the future and
yet prov~ unable to do so. Those who try to quit smoking
report Withdrawal symptoms similar to those reported
by adults. Adolescents are difficult to recruit for formal
cessation programs, and when enrolled, are difficult to
retain in the programs. Success rates in adolescent cessa-
tion programs tend to be quite low, both in absolute
terms and relative to control conditions.
Tobacco use is associated with a range of problem
behaviors during adolescence. Smokeless tobacco or
cigarett~ are generally the first drug used by young
people In a sequence that can include tobacco, alcohol,
marijuana, and hard chugs. This pattern does not imply
that tobaexo use causes other chug use, but rather that
other chug use rarely occurs before the use of tobacco.
Still, there are a number of biological, behavioral, and
social mechanisms by which the use of one chug may
facilitate the use of other chugs, and adolescent tobacco
~rs are substantially more likely .to use alcohol and
illegal drugs than are nonusers. Cigarette smokers are
~ .more likely to get into fights, cany weapons, attempt
swede, and engage in high-risk sexual behaviors. These
problem behaviors can be considered a syndrome, since
mvolvement in one behavior increases the risk for in-
volvement in others. Delaying or preventing the use of
!obacco may have implications for delaying or prevent-
mg these other behaviors as well.
The Epidemiology of Tobacco Use Among
Young People
Overall, about one-third of high-school-aged ad<r
lescents in the United States smoke or use smokeless
tobacco. Smoking prevalence among U.S. adolescents
declined sharply in the 19705, but this decline slowed
significantly in the 19805, particularly among white males.
Although female adolescents during the 19805 were more
likely than male adolescents to smoke, female and male
adolescents are now equally likely to smoke. Male ad<r
lescents are substantially more likely than females to use
smokeless tobacco products; about 20 percent of high
school males report current use, whereas only about 1
percent of females do. White adolescents are more likely
to smoke and to use smokeless tobacco than are black
and Hispanic adolescents.
Sociodemographic, environmental, behavioral, and
personal factors can encourage the onset of tobacco use
among adolescents. Y ourig people from families with
lower socioeconomic status, including those adolescents
living in single-parent homes, are at increased risk of
~tiating smoking. Among environmental factors, peer
influence seems to be particularly potent in the early-
stages of tobacco use; the first tries of cigarettes and
smokeless tobacco occur most often with peers, and the
peer group may subsequently provide expectations, re-
inforcement, and cues for experimentation. Parental
tobacco use does not appear to be as compelling a risk
factor as peer use; on the other hand, parents may exert a
positive ~ue~ce by disapproving of smoking, being
mvolved m children's free time, discussing health mat-
ters with children, and encouraging children's academic
achievement and school involvement.
How adolescents perceive their social environment
may be a stronger influence on behavior than the actual
environment For example, adolescents consistently over-
estimate the number of young people and adults who
smoke. Those with the highest overestimates are more
likely to become smokers than are those with more accu-
rate perceptions. Similarly, those who perceive that ciga-
rettes are easily accessible and generally available are
m?re likely to begin smoking than are those who per-
ceive more difficulty in obtaining cigarettes.
Behavioral factors figure heavily during adoles-
ce~ce, a period of multiple transitions to physical matu-
ration, to a coherent sense of self, and to emotional
independence. Adolescents are thus particularly vulner-
able to a range of hazardous behaviors and activities,
including tobacco use, that may seem to assist in these
transitions. Young people who report that smoking serves
positive functions or is potentially useful are at increased
risk for smoking. These functions are associated with
e
-I
Introduction 7
e
bonding with peers, being independent and mature, and
having a positive social image. Since reports from
adolescents who begin to smoke indicate that they have
lower seH-esteem and lower seH-images than their non-
smoking peers, smoking can become a seH-enhancement
mechanism. Similarly, not having the confidence to be
able to resist peer offers of tobacco seems to be an impor-
tant risk factor for initiation. Intentions to use tobacco
and actual experimentation also strongly predict subse-
quent regular use.
The positive functions that many young people
attribute to smoking are the same functions advanced in
most cigarette advertising. Young people are a strategi-
cally important market for the tobacco industry. Since
most smokers try their first cigarette before age 18, young
people are the chief source of new consumers for the
tobacco industry, which each year must replace the many
consumers who quit smoking and the many who die
from smoking-related diseases. Despite restrictions on
tobacco marketing, children and adolescents continue to
be exposed to cigarette advertising and promotional ac-
tivities, and young people report considerable familiar-
ity with many cigarette advertisements. In the past, this
exposure was accomplished by radio and television prer
grams sponsored by the cigarette industry. Barred since
1971 from using broadcast media, the tobacco industry
increasingly relies on promotional activities, including
sponsorship of sports events and public entertainment,
outdoor billboards, point-of-purchase displays, and the
distribution of specialty items that appeal to the young.
Cigarette advertisements in the print media persist; these
messages have become increasingly less informational,
replacing words with images to portray the attractive-
ness and function of smoking. Cigarette advertising fre-
quently uses human models or human-like cartoon
characters to display images of youthful activities, inde-
pendence, healthfulness, and adventure-seeking. In pre-
senting attractive images of smokers, cigarette
advertisements appear to stimulate some adolescents
who have relatively low sell-images to adopt smoking as
a way to improve their own seH-image. Cigarette adver-
tising also appears to affect adolescents' perceptions of
the pervasiveness of smoking, images of smokers, and
the function of smoking. Since these perceptions are
psychosocial risk factors for the initiation of smoking,
cigarette advertising appears to increase young people's
risk of smoking.
Efforts to Prevent the Onset of Tobacco Use
Most of the US. public strongly favors policies that
might prevent tobacco use among young people. These
policies include mandated tobacco education in schools,
a complete ban on smoking by anyone on school grounds,
-
I
I
I
8 Introduction
Surgeon General's Report
further restrictions on tobacco advertising and promer"
tional activities, stronger prohibitions on the sale of to-
bacco products to minors, and increases in earmarked
taxes on tobacco products. Interventions to prevent ini-
tiation among young people-even actions that involve
restrictions on adult smoking or increased taxes-have
received strong support among smoking and nonsmok-
ing adults.
Numerous research studies over the past 15 years
suggest that organized interventions can help prevent
the onset of smoking and smokeless tobacco use. School-
based smoking-prevention programs, based on a model
of identifying social influences on smoking and provid-
ing skills to resist those influences, have demonstrated
consistent and significant reductions in adol~ent smok-
ing prevalence; these program effects have lasted one to
three years. Programs to prevent smokeless tobacco use
have used a similar model to achieve modest reductions
in initiation of use. The effectiveness of these school-
based programs appears to be enhanced and sustained,
at least until high school graduation, by adding coordi-
nated communitywide programs that involve parents,
youth-oriented mass media and counteradvertising, com-
munity organizations, or other elements of adolescents'
social environments.
A crucial element of prevention is access: adoles-
cents should not be able to purchase tobacco products in
their communities. Active enforcement of age-at-sale
policies by public officials and community members ap-
pears necessary to prevent minors' access to tobacco.
Communities that have adopted tighter restrictions have
achieved reductions in purchases by minors. At the state
and national levels, price increases have significantly
reduced cigarette smoking; the young have been at least
as responsive as adults to these price changes. Maintain-
ing higher real prices of cigarettes provides a barrier to
adolescent tobacco use but depends on further tax in-
creases to offset the effects of inflation. The results of this
review thus suggest that a coordinated, multicomponent
campaign involving policy changes, taxation, mass me-
dia, and behavioral education can effectively reduce the
onset of tobacco use among adolescents.
Summary
Smoking and smokeless tobacco use are almost
always initiated and established in adolescence. Besides
its long-term effects on adults, tobacco use produces
specific health problems for adolescents. Since nicotine
addiction also occurs during adolescence, adolescent ter
bacco users are likely to become adult tobacco' users.
Smoking and smokeless tobacco use are associated with
other problem behaviors and occur early in the sequence
of these behaviors. The outcomes of adolescent smoking
.~.
Preventing Tobacco Use Among Young People
and smokeless tobacco use continue to be of great public
health importance, since one out of three U.S. adoles-
cents uses tobacco by age 18. The social environment of
,ldolescents, including the functions, meanings, and im-
ages of smoking that are conveyed through cigarette
advertising, sets the stage for adolescents to begin using
tobacco. As tobacco products are available and as peers
begin to try them, these factors become personalized and
Chapter Conclusions
Following are the specific conclusions for each chap-
ter of this report:
Chapter 2. The Health Consequences of
Tobacco Use by Young People
1. Cigarette smoking during childhood and adoles-
cence produces significant health problems among
young people, including cough and phlegm pro-
duction, an increased number and severity of respi-
ratory illnesses, decreased physical fitness, an
unfavorable lipid profile, and potential retardation
in the rate of lung growth and the level of maximum
lung function.
2. Among addictive behaviors, cigarette smoking is the
one most likely to become established during ado-
lescence. People who begin to smoke at an early age
are more likely to develop severe levels of nicotine
addiction than those who start at a later age.
3. Tobacco use is associated with alcohol and illicit
drug use and is generally the first drug used by
young people who enter a sequence of drug use that
can include tobacco, alcohol, marijuana, and harder
drugs. -
-1. Smokeless tobacco use by adolescents is associated
with early indicators of periodontal degeneration
and with lesions in the oral soft tissue. Adolescent
smokeless tobacco users are more likely than nonus-
ers to become cigarette smokers.
Chapter 3. Epidemiology of Tobacco Use
Among Young People in the United States
1. Tobacco use primarily begins in early adolescence,
typically by age 16; almost all first use occurs before
the time of high school graduation.
2. Smoking prevalence among adolescents declined
sharply in the 1970s, but the decline slowed
relevant, and tobacco use may begin. This process most e
affects adolescents who, compared with their peers, have
lower self-esteem and self-images, are less involved with
school and academic achievement, have fewer skills to
resist the offers of peers, and come from homes with
lower socioeconomic status. Tobacco-use prevention
programs that target the larger social environment of
adolescents are both efficacious and warranted.
significantly in the 1980s. At least 3.1 million adoles-
cents and 25 percent of 17- and 18-year-olds are
CUITent smokers.
3. Although current smoking prevalence among f~
male adolescents began exceeding that among males
by the mid- to lat~ 19705, both sexes are now equally
likely to smoke. Males are significantly more likely
than females to use smokeless tobacco. Nationally,
white adolescents are more likely to use all forms of
tobacco than are blacks and Hispanics. The decline
in the prevalence of cigarette smoking among black
adolescents is noteworthy.
4. Many adolescent smokers are addicted to cigarettes;
these young smokers report withdrawal symptoms
similar to those reported by adults.
5. Tobacco use in adolescence is associated with a range
of health-compromising behaviors, including being
involved in fights, canying weapons, engaging in
higher-risk sexual behavior, and using alcohol and
other drugs.
Chapter 4. Psychosocial Risk Factors for
Initiating Tobacco Use
1. The initiation and development of tobacco use among
children and adolescents progresses in five stages:
from forming attitudes and beliefs about tobacco, to
trying, experimenting with, and regularly using to-
bacco, to being addicted. This process generally
takes about three years.
2. Sociodemographic factors associated with the onset
of tobacco use include being an adolescent from a
family with low socioeconomic status.
3. Environmental risk factors for tobacco use include
accessibility and availability of tobacco 'products,
perceptions by adolescents that tobacco use is
el
I
Introduction 9
ii'" ..
e
normative, peers' and siblings' use and approvaI of
tobacco use, and lack of parental support and in-
volvement as adolescents face the challenges of
growing up.
4. Behavioral risk factors for tobacco use include low
levels of academic achievement and school involve-
ment, lack of skills required to resist influences to use
tobacco, and experimentation with any tobacco prod-
uct.
5. Personal risk factors for tobacco use include a lower
self-image and lower self-esteem than peers, the be-
lief that tobacco use is functional, and lack of self-
efficacy in the ability to refuse offers to use tobacco.
For smokeless tobacco use, insufficient knowledge
of the health consequences is also a factor.
Chapter 5. Tobacco Advertising and
Promotional Activities
1. Young people continue to be a strategically impor-
tant market for the tobacco industry.
2. Young people are currently exposed to cigarette
messages through print media (including outdoor
billboards) and through promotional activities, such
as sponsorship of sporting events and public enter-
tainment, point-of-sale displays, and distribution
of specialty items.
3. Cigarette advertising uses images rather than infor-
mation to portray the attractiveness and function of
smoking. Human models and cartoon characters in
cigarette advertising convey independence, health-
fulness, adventure-seekin& and youthful activities-
themes correlated with psychosocial factors that
appeal to young people.
4. Cigarette advertisements capitalize on the disparity
between an ideal and actual self-image and imply
that smoking may close the gap.
5. Cigarette advertising appears to affect young people's
perceptions of the pervasiveness, image, and func-
tion of smoking. Since misperceptions in these areas
constitute psychosocial risk factors for the initiation
of smoking, cigarette advertising appears to increase
young people's risk of smoking.
-
10 Introduction
Surgeon General's Report
Chapter 6. Efforts to Prevent Tobacco Use
Among Young People
1. Most of the American public strongly favor policies
that might prevent tobacco use among young people.
These policies include tobacco education in the
schools, restrictions on tobacco advertising and pr0-
motions, a complete ban on smoking by anyone on
school grounds, prohibition of the sale of tobacco
products to minors, and earmarked tax increases on
tobacco products.
2. School-based smoking-prevention programs that
identify social influences to smoke and teach skills to
resist those influences have demonstrated consistent
and significant reductions in adolescent smoking
prevalence, and program effects have lasted one to
three years. Programs to prevent smokeless tobacco
use that are based on the same model have also
demonstrated modest reductions in the initiation of
smokeless tobacco use.
3. The effectiveness of school-based smoking-preven-
tion programs appears to be enhanced and sustained
by comprehensive school health education and by
communitywide programs that involve parents, mass
media, community organizations, or other elements
of an adolescent's social environment.
4. Smoking<essation programs tend to have low suc-
cess rates. Recruiting and retaining adolescents in
formal cessation programs are difficult.
5. illegal sales of tobacco products are common. Active
enforcement of age-at-sale policies by public officials
and community members appears necessary to pre-
vent minors' access to tobacco.
6. Econometric and other studies indicate that increases
in the real price of cigarettes significantly reduce
cigarette smoking; young people are at least as re-
sponsive as adults to such price changes. Maintain-
ing higher real prices of cigarettes depends on further
tax increases to offset the effects of inflation.
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Preventing Tobacco Use Among Young People
References
US DEPARTMENT OF HEALm AND HUMAN SERVICES.
The health consequences of using smokeless tobacco. A report of the
advisory committee to the Surgeon General. US Department of
Health and Human Services, Public Health Services, National
Institutes of Health. NIH Publication No. 86-2874, 1986.
US DEPARTMENT OF HEALm AND HUMAN SERVICES.
Tile health consequences of smoking: nicotine addiction. A report of
tlrt? Surgeon General, 1988. US Department of Health and Hu-
man Services, Public Health Service, Centers for Disease Con-
trol, Center for Health Promotion and Education, Office on
Smoking and Health. OHHS Publication No. (COC) 88-8406,
1988.
e
US OEPARTMENTOF HEALm AND HUMAN SERVICES.
Reducing the health consequences of smoking: 25 years of progress.
A report of the Surgeon General. US Department of Health and
Human Services, Public Health Service, Centers for Disease
Control, Center for Chronic Disease Prevention and Health
Promotion, Office on Smoking and Health. OHHS Publication
No. (COC) 89-8411, 1989.
e:
Introduction 11
... . iii
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Registratiion
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Freferred Ieleph~e Number
Area Code (612 'i9 25-300 1
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01 Nama
Name. :
Thomas A~ Briant
Address: (Stree~. Room, P.O. Box, City, State, Zip)
02 Lobbyist's P~incip&l Place ~f Business
Same as above
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03 Name and Ad~res$ of Person or Association Lobbyist iepresent$ (DO NOT ~BREVIATE)
N~: Minnesot~ C~alition of Responsible aetailers
Address: (Street.
55435
(Name of LObby1st's Principal
"X. box if name in Section 03 1s the lobbyist' IS "principal n, withfn the
meani~ of Minn. Stat. '.lOA.Ol, subc!. 28 {see copy, reprinted 011 either side of
thb fo~). '
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action lobby~ts seeks to luence: (check kina of action for each 8 ject lfst~d)
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07 CERTIFICATION
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Thomas A. Briant
Print or cype name
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THAT THE IN10RKATIONCOl-c-v.INED ON
THIS FORM IS COKPUTE. ;n.UE ANn
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St. paUl MN 55155
(612). ~96-5615
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NOV 16 '94 05: 09Pt'l CITY OF /'10NTICELLO
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ORDINANCE AMENDMENT NO.
THE CITY COUNCIL OF MONTICELLO, MINNESOTA, DOES HEREBY
ORDAIN THAT TITLE 3, CHAPTER 14, OF THE MONTICELLO CITY
ORDINANCE PERTAINING TO SALE OF TOBACCO BE AMENDED TO
READ AS FOLLOWS:
CHAP1'ER 14
SALE OF TOBACCO
SECTION:
3-14-1:
3-14-2:
3-14-3:
3-14-4:
3-14-5:
3-14-6:
3-14-7:
3-14-8:
3-14-9:
3-14-10:
Definition
License Required
Application and Issuance of License
License Fee
Displaying of License
Restrictions
Revocation of License
Tobacco Vending Machines
Appeal
Responsibility for Agents and Employees
, 3-14-1:
DEFINITIONS:
TOBACCO: As used in this chapter, the term "tobacco" means and includes tobacco
in any form, including, but not limited to, cigarettes, cigars, or bagged, canned, or
packaged product. ,
SELF-SERVICE MERCHANDISING: The term "self-service merchandising" means
a method of displaying tobacco products other than through a vending machine so
that they are accessible to the public without the intervention of an employee.
3-14-2: LICENSE REQUIRED: No person shall directly or indirectly or by
means of any device or machine keep for retail sale, sell at retail,
exchange, barter, dispose of, or give away any tobacco at any place in the city of
Monticello without first obtaining a. license from the City. The sale of tobacco by
vending machine shall require a license under this chapter.
3-14-3: APPLICATION AND ISSUANCE OF LICENSE: Application for a
license shall be made to the City Administrator on a form supplied by
the City. Such application shall state the full name and address of the applicant, the
location of the building and the part thereof intended to be used by the applicant
under the license, the kind of business conducted at the location, and any other
relevant information as shall be required by the application form. Upon the filing of
such application with the Administrator, it shall be presented to the City Council for
its consideration, and, if granted by the Council, a license shall be issued by the City
Administrator upon payment of the required fee.
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Ordinance Amendm.ent No. 253
Page 2
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3-14-4: LICENSE FEE: The annual license fee shall be an amount established
by the City Council. All licenses shall expire on December 31. For any
license issued after January 1 in any year, the fee shall be computed by prorating the
annual fee over the remaining months or fraction thereof until December 31.
A penalty of fifty percent (50%) of the license fee shall be imposed if license is not
applied for within the same calendar month. that first sale of tobacco is made, or
within the first month after the license expires.
3-14-5:
DISPLAYING OF LICENSE: Every license shall be kept conspicuously
posted at the location for which the license is issued and shall be
exhibited to any person upon request.
3-14-6:
RESTRICTIONS:
(A) Separate licenses shall be issued for the sale of tobacco at each fixed place of
business, and no license shall be issued for a movable place of business.
(B) It is unlawful for any person to sell, furnish, or give away any tobacco in any
form to any person under the age of eighteen (18) years.
(C) It is unlawful for any person to keep for sale, sell, or dispose o( any tobacco in
any form containing opium, morphine, near jimson weed, bella donna,
strychnos, cocaine, marijuana, or any other deleterious or poisonous drug
except nicotine.
(D) It is uma".vful ff.)F any pcrc;on to affer fer sale any tehacco produet by means &f
eelf service mcrehaadisinl; oth.eF than through a. liccnccd tebaeeo "."-ending.
machine aeeerding to SeetioIl 3 11 8.
(D) Tobacco products may be sold by means of self-service merchandisin~. provided
that the tobacco products are sold throuf!h a licensed tobacco vendine.- machine,
according- to Section 3-14-8, or by a licensed retailer so long- as the tobacco
products are in the immediate vicinity and plain view of a responsible
emoloyee.
(E) Every retailer reQuestine.- a license under this ordinance shall implement a
training- proeram for employees ree-ardine: laws relating' to the sale of tobacco
products. Every retailer shall certify on its annual tobacco application that all
employees have been trained to comply with state laws rermrdint! the sale of
.tobacco products.
3-14-7:
REVOCATION OF LICENSE: Every license granted under this chapter
may be revoked, suspended, or not renewed by the City CoWlci1, for any
of the following reasons:
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NOV 16 '94 05: 10P~1 CITY OF MONTICELLO
P.4/5
.Ordinance Amendment No. 253
Page 3
(A) Violation of Section 3-14-6 (B) or any other provision of this chapter.
(B) Violation of Minnesota Statutes, Section 609:685, relating to sale of tobacco to
persons under eighteen (18) year of age.
(C) Failure of the license holder to monitor, supervise, and control the purchase
of tobacco from a vending machine so as to prevent the purchase of tobacco
from a vending machine by persons under eighteen (18) years of age.
The City Council shall suspend a license issued under this chapter for a minimum
of three (3) days on a first violation of any section of tbis ordinance or the license
holder may opt to pay a $250 fine in l:ieu of license suspension. The City Council
shall suspend a license for a minimum peliod of thirty (30) days for a second violation
within a three (3) year period. The City Council shall revoke a license for a third
. violation oCCUlTing within tbirty-six (36) months of the second violation for a period
of one (1) year.
The licensee shall be sent written notice at ~east ten (10) days in advance informing
the licensee of the specific ordinance or statutory violation upon which any
suspension or revocation would be based) and the licensee has the right to be
represented by counsel and present evidence on its behalf.
3-14-8; TOBACCO VENDING MACHINES: No license shall be issued for a
tobacco vending machine located in a public accommodation as defined
in Minnesota Statutes) Section 363.01, Subdivision 18, with the following exceptions:
(A) A tobacco vending machine may be located in an area within a factoIY,
business, office) or similar place not open to the general public, to which
persons under eighteen (18) year of age are not generally permitted access.
(B) A tobacco vending machine may be located in an on-sale alcoholic beverage
establishment, or an off-sale liquor store, upon the following conditions:
1. The tobacco vending machine shall be located within the immediate
vicinity and plain view of a responsible employee, so that all tobacco
purchases will be readily observable by that employee; the tobacco
vending machine shall not be located in a coatroom, restroom)
-unmonitored hallway, outer waiting area, or similar unmonitored area;
the tobacco vending machine shall be inaccessible to the public when the
establishment is closed.
(C) A tobacco vending machine may be located in other establishments, under the
follOwing conditions:
1.
When operated by the activation of an electronic switch operated by an
employee of the establishment before each sale or by the insertion of
tokens or a key sold or given by an employee of the establishment.
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Ordinance Amendment No. 253
Page 4
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2.
The tobacco vending machine shall be located within the immediate
vicinity and plain view of a responsible employee, so that all tobacco
purchases will be readily observable by that employee; the tobacco
vending machine shall not be located in a coatroom, restroom,
unmonitored hallway, outer waiting area, or similar unmonitored area;
the tobacco vending machine shall be inaccessible to the public when the
establishment is closed_
.
3-14-9:
APPEAL:
(A) Notice_ If the City Council suspends or revokes a license, the City
Administrator shall send to the licensee, by certified mail, retum receipt
requested, written notice of the action, and the right to an appeal. The
aggrieved party may appeal the decision of the City Council within ten (10)
days of receiving notice of the City's action. The filing of an appeal stays the
action of the City Council in suspending or revoking a license until the City
Council makes a final decision.
(B) Procedure. The City Council shall hear the matter and make a report of the
findings_ Hearings on the appeal shall be open to the public, and the licensee
or applicant shall have the right to appear and be represented by legal counsel .
and to offer evidence on its behalf At the conclusion of the hearing, the City
Council shall make a final decision.
3-14-10: RESPONSIBILITY FOR AGENTS AND EMPLOYEES: Every act or
omission constituting a violation of any of the provisions of this section
by an officer, director) manager, or other agent or employee of any licensee shall be
deemed and held punishable in the same msmner as if the licensee personally
committed the act or omission.
Adopted this 14th day of November, 1994.
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REFER~ TO (NAME Of) COMMITTEE:
PS&RS
AN ORDINANCE
of the
CITY OF
MINNEAPOLIS
.
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~-1()-95
Minn, Schulstad, McDonald and Herron presents the following ordinance:
Amending Title 13, Chapter 281 of the Minneapolis Code of Ordinances
relating to Licenses and Business Regulations: Tobacco Dealers.
The City Council of The City of Minneapolis do ordain as follows:
Section 1. That Section 281.30 of the above-entitled ordinance be amended to
read as follows:
281.30. License fee. The annual license fee shall be ~ ONE HUNDRED
. FIFTY dollars ($3~O.OO).
Section 2. That Chapter 281.45 of the above-entitled ordinance be amended by
. : adding thereto a new Section 281.45 to read as follows:
281&45& METHOD OF SALES OF CIGARETTES& !ffi NO PERSON SHALL
SELL CIGARETTES IN ANY MANNER OTHER THAN BY THE PACKAGE OR-
MULTIPLES THEREOF TO WHICH A STAMP HAS BEEN AFFIXED IN':
ACCORDANCE WITH MINNESOTA STATUTE 297.03. SUBD~.L
LID TOBAqCO PRODUCTS MAY BE SOLD BY MEANS OF SELF SERVICE
MERCHANDISING PROVIDED THAT TOBACCO PRODUCTS ARE IN THE
IMMEDIATE VICINITY AND PLAIN VI'eN OF A RESPONSIBLE EMPLOYEE AND
PROVIDED THAT CIGARETTE CARTONS SOLD BY MEANS OF SELF SERVICE
MERCHANDISING SHALL BE SOLD FROM DISPLAY RACKS EQUIPPED WITH
CLEAR SHIELDS THAT ALLOW THE REMOVAL BY AN ADULT CUSTOMER OF A
SINGLE CARTON OF CIGARETTES AND AN AUDIBLE ALARM OR CHIME WHICH
IS ACTIVATED EACH TIME THAT A CARTON OF CIGARETTES IS REMOVED
FROM THE SELF SERVICE DISPLAY RACK.. OR BY SIMILARLY EFFECTIVE
TECHNOLOGY APPROVED BY THE DIRECTOR~
!Ql EVERY PERSON APPLYING FOR A LICENSE TO SELL TOBACCO
PRODUCTS AT RETAIL SHALL CERTIfY ON THE ANNUAL LICENSE APPLICATION
THAT THE PERSON HAS IMPLEMENTED A TRAINING PROGRAM FOR
EMPLOYEES REGARDING LAWS RELATED TO THE SALE OF TOBACCO
PRODUCTS AND HAS TRAINED ALL EMPLOYEES TO COMPLY WITH STATE
LAWS REGARDING THE SALE OF TOBACCO PRODUCTS~
CK.3OOI RH, 7111
_ 1
Section 3. That Section 281.60 of the above-entitled ordinance be amended to
read as follows:
281.60. Revocation, suspension or non-renewal. Every license gr:mtee .
HOLDER under this chapter fRaJ' Be WILL EITHER BE SUBJECT TO A MONETARY
PENALlY OR IN EXTENUATING CIRCUMSTANCES HAVE THEIR LICENSE
revoked, suspended, or not renewed by the city council ACCORDING TO THE
PENALlY SCHEDULE AS PROVIDED IN SECTION 281.65, for any of the following
reasons:
(a) Violation of section 281.50 or any other provision of this chapter.;.
(b) Violation of Minnesota Statutes, Section 609.685 relating to sale of tobacco
to persons under eighteen (18) years of ager..
(c) Failure of the license holder to monitor, supervise, and control the purchase
of tobacco from a vending machine so as to prevent the purchase of tobacco from a
vending machine by persons under eighteen (18) years of ager..
(d) . Other good cause related to the business of selling or furnishing tobacco
PRODUCTS. . .
Section 5. That the above-entitled ordinance be amended by adding thereto a
new Section 281.80 to read as follows:
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281.80. ENFORCEMENT. SECTIONS 281.30 THROUGH 281.65 SHALL BE
ADMINISTERED AND ENFORCED BY AND THROUGH THE OFFICE OF CITY
COORDINATOR.. OPERATIONS AND REGULATORY SERVICES OF THE CITY OF
MINNEAPOLIS.. ALL COMPLIANCE OPERATIONS TO ENSURE ADHERENCE TO
SECTIONS 281.60(B) AND 281.60(C) SHALL BE CONDUCTED BY THE OFFICE OF
CITY COORDINATOR....OPERATIONS AND REGULATORY SERVICES OR THE
MINNEAPOLIS POLICE DEPARTMENT..
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COUNCIl. AVE NAY
MEMBER
Oziedzit: "I-
Can=beI "-(;,
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Rainville ' ~
NAnd ""
Sc:olr :,.. I
Herron I
.RECORJ).OF..cDUNClL. VOTE: (X:IRDICA1'ES.. I U:J..;...". .' "';',:' -; .,'~:; ..:;..;~'i;'l.:,:~.;,.~.i,.:il~...?;;;/f".;d
NOT ABSENT I VOTETO VOTE TO COUNal NaT VOTE TO \IOTElO
VO'nNG pvau:aoe SUSTAIN MEMBER AVE NAY vonNG ABSENT OVERRiDE SUSTAIN
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PASSED FEB 1 0 1995
DATE
FF8 1 3 1995
DATE
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ORDINANCE NO.
CITY OF WATERTOWN, MINNESOTA
AN ORDINANCE REGULA~ING THE SALE Oy .UDA~~U ~KUUU~~~, ~YU~~~Nu A
LICENSE FOR ~HE SALE ~BEREOF, PROBIBI~ING CER~AIN S~S,
PROBIBI~ING ~HE USE OF VENDING MACHINES FOR SALES, PROVIDING FOR
FINES AND ~BE SUSPENSION AND REVOCA~ION OF LICENSES, AND REPEALING
ORDINANCE NO. 199.
THE CITY COUNCIL OF THE CITY OF WATERTOWN, CARVER COUNTY,
MINNESOTA, ORDAINS:
The City Council
Seci:.ion 1. Leqislat.ive Findings and Ini:.ent..
finds and declares that:
a. The Surgeon General has determined that cigarette smoking
is dangerous to human health;
b. The National Institute on Drug Abuse found that cigarette
smoking precedes and may be predictive of adolescent
illicit drug use;
c. The enactment of this Ordinance directly pertains to and
is in furtherance of the health, safety, and general
welfare of the residents of the City, particularly those
residents under eighteen (18) years of .age.,
Sec~ion 2. Oefinitions. For the purpose of this Ordinance the
following words and phrases shall have the meanings ascribed to
them:
Tobacco products means any substance containing tobacco
leaf, including but not limited to, cigarettes, cigars,
pipe tobacco, snuff, chewing tobacco, and cigarette
papers or wrappers.
b. Self-service merchandising means a method of displaying
tobacco products that the public has access to without
the intervention of an employee, but specifically
excluding vending machines or similar automated
dispensing devices.
a.
Section 3. License Required.
a. No person shall directly or indirectly or by means of any
device keep for retail sale, sell at retail, or otherwise
dispose of any tobacco products in the City of Watertown
without first obtaining a license therefor from the city.
b. Application for the license shall be made to the City on
a form supplied by the City. The applicant shall furnish
the information required by the application.
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The license shall not be transferable.
The license shall be issued only to the applicant and
only for the location described in the application. The
license shall be conspicuously posted at the location for
which it is issued and shall be exhibited to any person
upon request.
Every retailer requesting a license under this ordinance
shall implement a training program for employees
regarding laws relating to the sale of tobacco products.
Every licensee shall certify on its annua.l tobacco
application that all employees have been trained to
comply with state laws regarding the sale of tobacco
products.
Sec~ion 4~ Prohibi~ive Sales. -
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An applicant must be at least twenty-one (21) years of
age.
A fee for the license shall be established by resolution
by the City Council. No license shall be issued until
the fee is paid to the city. No license fee shall be
refunded.
The license shall expire at the end of the calendar year
for which the license is issued.
f.
g.
h.
a. It shall be unlawful for any person to sell, barter, or
give away tobacco products to any person under the age
of eighteen (18) years.
b. It shall be unlawful for any person under 18 years of age
to sell tobacco products. However, a person who is an
employee of a licensee under this ordinance and is 16 or
17 years of age may sell tobacco products on the premises
of the licensee if the parents or guardians o~. that
person have signed a written consent allowing that person
to sell tobacco products and that person has been trained
to comply with state laws regarding the sale of tobacco
products to minors as required by Section 3(h) of this
ordinance.
c.
It shall be unlawful for any person to offer for sale any
tobacco products by means of a vending machine or similar
automated dispensing device.
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~obacco products may be sold by means of self-service
merchandising provided that the tobacco products are in
the immediate vicinity and plain view of a responsible
employee. Cigarette cartons shall be sold from display
racks equipped with either (1) clear shields that allow
the removal by an adult customer of a single carton of
cigarettes or (2) in locked cabinets or stored in such
a manner which allows access only by an employee to
obtain a carton of cigarettes for an adult customer.
e. Failure of the license holder or its employees to
monitor, supervise and control the purchase of tobacco
from a self-service merchandising system to prevent the
purchase of tobacco by persons under 18 years of age
shall be a violation of this ordinance.
d.
Sec~ion 5. Penalties. suspension or Revocation of License.
a. A licensee shall be subject to a civil fine not to
exceed $100.00 or suspension of its license not to exceed
3 days for a first violation of any provision of this
ordinance within a 24 month period.
A licensee shall be subject to a civil fine not to exceed
$300.00 or suspension of its license not to exceed 7 days
for a second violation of any provision of this ordinance
within a 24 month period.
b.
A licensee shall have its license revoked '.for a period
not to exceed 1 year for a third violation within a 24
month period.
Section 6. Notice. Procedure and Apl)eal..
c.
a. .The City Administrator shall have the authority for
making the initial determination that a violation of this
ordinance has occurred. Upon determination that a
violation has occurred, the city Administrator shall
prepare a written notice of the violation and the
proposed fine or suspension or revocation of the license
and the right to appeal. The notice shall be sent to the
. licensee by certified mail, return receipt requested, or
may be personally delivered to either the licensee or its
Manager or Assistance Manager.
b. The licensee may appeal the determination of the city
Administrator within 10 days of receiving notice of the
city Administrator's action. The filing of an appeal
with the City stays the action of the city Administrator
in imposing the fine or suspending or revoking the
license until the City Council makes a final decision.
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c. The City Council may appoint a committee of the council
or an independent hearing officer to hear the matter,
report findings of fact and a recommendation for
disposi tion to the Council. Bearings on the appeal shall
be open to the public and the licensee or applicant shall
have the right to appear and be represented by legal
counsel and to offer evidence in its behalf. At the
conclusion of the hearing, the City Council shall make
a final decision.
Sec~ion 7. Responsibilitv for Aqents and Em~lovees. Every act or
omission constituting a violation of any of the provisions of this
Ordinance by an officer, director, manager, or other agent or
employee of any licensee shall be deemed and held to be the act or
omission of the licensee. The licensee shall be punishable in the
same manner as if the licensee personally committed the act or
omission.
Section 8. Repeal of Ordinance. Ordinance No. 199 of the City of
Watertown adopted september l, 1994, is hereby repealed.
S6ci::.ion g. Effect.ive nat.a. This Ordinance shall be in effect from
and after its passage and publication according to law.
Passed and adopted by the City Council of the City of Watertown
this 25th day of . Aprt 1 t 1995.
Norman A. Bauer, Mayor
A~TEST:--;>774~~L.,_ ~~~~:l:_
Marilyn Pciilschka,
Clerk-Treasurer
Published in the Carver County News on the
May , 1995.
4th
day of
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ORDINANCE NO. 238, SECOND SERIES
AN ORDINANCE AMENDING THE SAINT PETER CITY CODE SECl10N 10.05
"UNLAWFUL USE AND FURNISHING OF TOBACCO" AND SECl10N 6.34
"TOBACCO"
Whereas, smoking is detrimental to the present and long-term health of persons who smoke;
and
Whereas, numerous studies show that cigarettes and other tobacco products are a major
contributor to both the short and long range health damage; and
Whereas, recent studies show that cigarette smokers start smoking at an average age of
fourteen (14) and under; and
Whereas, recent studies show that persons under the age of 18 years can easily purchase
tobacco products through vending machines or through licensed retailers.
LO NOW, TIIEREFORE, mE CITY COUNCIL OF mE CITY OF SAINT PElER DOES
C\J HEREBY ORDAIN: Saint Peter City Code, Sections 6.34 and 10.05, are hereby amended
~ in their entirety as follows:
-')
CD . Section 6.34 SALES OF TOBACCO PRODUcrS, LICENSE REQUIRED,
<C APPLICATION, ISSUANCE AND SUSPENSION AND REVOCATION.
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Subdivision 1. LICENSE REQUIRED. No person shall directly or indirectly
or by means of any device keep for retail sale, sell at retail, or otherwise (dispose of)
dispense any (cigarette or cigarette wrapper) tobacco related product at any place in the
City of Saint Peter unless a license therefore shall first have been obtained as provided in
this ordinance.
Subdivision 2. DEFINmONS
A. 'Tobacco Related Product" means cigarettes, cigars, cheroots,
stogies, perique, granulated, plug cut, crimp cut, ready, rubbed or other smoking tobacco,
snuff, snuff flower, cavendish, plug and twist tobacco, fine cut and other chewing tobaccos,
shorts, refuse scrips, clippings, cuttings and sweepings of tobacco prepared in such manner
as to be suitable for chewing, sniffing or smoking in a pipe, rolling paper or other tobacco
related devices.
B. "Self-Service Merchandising" means open display of tobacco related
products that the public has access to without the intervention of an employee.
Subdivision 3. APPLICATION AND ISSUANCE. Application for such license
shall be made to the City Clerk on a form supplied by the City. Such application shall state
the full name and address of the applicant, the location of the building and the part intended
to be used by the applicant under such license, the kind. of business conducted at such
location, and such other information as shall be required by the application form. Upon the
filing of such application with the Clerk, it shall be presented to the City Council for its
consideration, and if granted by the Council, a license shall be issued by the City Clerk upon
the payment of the required fee.
Subdivision 4. The applicant of a license shall certify on the license
application that all employees are trained on the laws relating to the sale of tobacco related
products.
Subdivision 5. LICENSE FEE. The fee for every such license shall be as set
forth by City Council resolution. Every such license shall expire on December 31 next after
its issuance.
Subdivision 6. LICENSE SHALL BE DISPLAYED. Every such license shall
369
be kept conspicuously posted about the place for which the license is issued and shall be
exhibited to any person upon request.
Subdivision 7. RESTRICfIONS.
A. No license shall be issued;
1. except to a person of good moral character and repute;
2. to a person under the age of 18 years of age;
In addition, no new retail license may be issued to a person who, within
five years of the application, has been convicted of a violation of a state, federal or local
ordinance governing the manufacture, sale, distribution, or possession of a tobacco related
product or an alcoholic beverage.
B. No license shall be issued to an applicant for sale of tobacco
related products at any place other than his established place of business.
C. No license shall be issued for the sale of tobacco related
products at a movable place of business.
D.
business or location.
No one license shall be issued for more than one place of
E. No person shall sell or dispense any tobacco related products
through the use of a vending machine.
F. No person shall sell or give any tobacco related products to any
person below the age of 18 years.
G. No person shall keep for sale, sell or (dispose of) dispense any
tobacco related products containing opium, morphine, jimson, .weed, belladonna, strychnia,
cocaine, marijuana, or any other deleterious or poisonous drug except nicotine.
H. All tobacco products including individually packaged tobacco
related products offered for sale shall be located within plain view, and control of a
responsible employee, so that all tobacco purchases will be readily observable by that
employee.
1. Proof of age for the sale of tobacco products may be established
only by one of the following:
1. A valid driver's license or identification card issued by
Minnesota, another state, or province of Canada, and including a photograph and date of
birth of the licensed person; or
2. A valid military identification card issued by the United
States Department of defense; or
3.
Canada, by a valid passport.
in the case of a foreign national from a nation other than
Subdivision 8. SUSPENSION OR REVOCATION OF LICENSE: The
Council shall suspend for a period not to exceed thirty days, or revoke a license granted
under the provisions of this Chapter, or impose a civil fine not to exceed $250.00, for each
violation on a finding that the licensee has failed to comply with a statute, regulation or
provision of the City Code relating to tobacco sales. The Council shall revoke the license
upon such finding of any licensee or agent or employee of a licensee for wilfully violating
any law relating to the sale of a tobacco related product. If it shall be made to appear at
the hearing thereon that such violation was not willful, the Council may order suspension;
.
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provided that revocation shall be ordered upon the third such violation or offense within a
twelve month period. No suspension or revocation shall take effect until the licensee has
been afforded an opportunity for a hearing before the Council, a committee of the Council,
or a hearing under the Administrative Procedures Act, Minnesota State Statute Sections
14.57 to 14.69, as may be determined by the Council in action calling the hearing. Such
hearing shall be called by the Council upon written notice to the licensee served in person
or by certified mail not less than fifteen nor more than thirty days prior to the hearing date,
stating the time, place and purpose thereof.
Subdivision 9. ADMINISTRATIVE OFFENSES. Administrative offense
procedures established pursuant to this ordinance are intended to provide the public and the
City with an informal, cost effective, and expeditious alternative to the traditional criminal
charges for violations of this ordinauce. This provision is intended to be voluntary on the
part of those who have been charged with these administrative offenses. At any time prior
to the payment of the administrative penalty as is provided for hereafter, the individual may
withdraw from participation in the procedures in which event the city may bring criminal
charges in accordance with law. Likewise, the City, in its discretion, may choose not to
initiate an administrative offense and may bring criminal charges in the first instance. In the
event a party participates in the administrative procedures but does not pay the monetary
penalty which may be imposed, the City will seek to collect the costs of the administrative
offense procedures as part of a subsequent criminal sentence in the event the party is
charged and is adjudicated guilty of the criminal violation.
Subdivision 10. ADMINISTRATIVE OFFENSE DEFINED. An administrative
offense is a violation of a provision of any statute or ordinance regarding the licensing, sale,
furnishing, possession or use of a tobacco related product and is subject to the administrative
penalties set forth in the schedule of offenses and penalties referred to in Subdivision 17 and
Subdivision 18, hereafter.
Subdivision 11. NOTICE. Any officer or personnel of the Saint Peter Police
Department or the Community Service Officer, shall, upon determining that there has been
a violation, notify the violator. Said notice shall set forth the nature, date and time of
violation, the name of the official issuing the notice, and the amount of the scheduled
penalty.
Subdivision 12. PAYMENT. Once such notice is given, the alleged violator
may, within seven (7) days of the time of issuance of the notice, pay the amount set forth
on the schedule of penalties for the violation, or may request a hearing in writing, as is
provided for hereafter. The penalty may be paid in person or by mail, and payment shall
be deemed to be an admission of the violation.
Subdivision 13. HEARING. Any person contesting an administrative offense
pursuant to this Chapter may, within seven (7) days of the time of issuance of the notice,
request a hearing by a hearing officer who shall forthwith conduct an informal hearing to
determine if a violation has occurred. The hearing officer shall have authority to dismiss the
violation or reduce or waive the penalty. If the violation is sustained by the hearing officer,
the violator shall pay the penalty imposed.
Subdivision 14. HEA.RING OFFICER. A City employee designated in writing
by the City Administrator shall be the hearing officer. The hearing officer is authorized to
hear and determine any controversy relating to administrative offenses provided for in this
Ordinance.
Subdivision 15. FAILURE TO PAY. In the event a party charged with an
administrative offense fails to pay the penalty, a criminal charge may be brought against the
alleged violator in accordance with applicable statutes. If the penalty is paid or if an
individual is found not to have committed the administrative offense by the hearing officer,
no such charge may be brought by the City for the same violation.
Subdivision 16. DISPOSITION OF PENALTIES. All penalties collected
~_.pursuant to this Ordinance shall be paid to the Finance Department and may be deposited
371
37,2
in the City's general fund.
/ '\
Subdivision 17. OFFENSES AND PENALTIES. Offenses which may be
charged as administrative offenses and the penalties for such offenses may be established
by resolution of the City Council from time to time. Copies of such resolutions shall be
maintained in the office of the City Administrator.
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Subdivision 18. SUBSEQUENT OFFENSES. In the event a party is charged
with a subsequent administrative offense within a twelve (12) month period of paying an
administrative penalty for the same or substantially similar offense, the subsequent
administrative penalty shall be increased by twenty-five percent (25%) above the previous
administrative penalty.
Subdivision 19. PENALlY. Any person who shall violate any provision of this
ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable
by a fine of not more than seven hundred dollars ($700) or imprisonment not to exceed
ninety (90) days or both, together with the costs of prosecution.
Section 10.05 UNLAWFUL USE AND FURNISHING TOBACCO.
Subdivision 1. It is unlawful for any person, under the age of eighteen years,
to possess or use any tobacco or tobacco related product as defined in Section 6.34.
Subdivision 2.' It is unlawful for any person to furnish tobacco or a tobacco
related product, by any manner or means and in any form, to any person under the age of
eighteen years. .
Subdivision 3. It is unlawful for any person to allow any person under the age
of eighteen (18) years to use any identification for the purpose of attempting to purchase
or to purchase tobacco or a tobacco related product or in any way otherwise assists another
in violating any provision of Section 6.34 or Section 10.05.
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Adopted by the City Council of the City of Saint Peter, Nicollet County, Minnesota this 12th
day of December, 1994.
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ATIEST:
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Daniel Jordet ...
City Administrator
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Ellery Person
Mayor
The aforementioned Ordinance was adopted by the following votes:
Ayes:
Councilmembers Kvamme, Nelsen, Gover, Hawbaker, Wood, and Mayor
Peterson
None
Councilmember Schmitz
Nayes:
Absent:
Published in the Saint Peter Herald on December 22, 1994.
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