Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 421-H.F.No. 2042 
           An act relating to consumer protection; limiting the 
          locations in which sales of tobacco by vending machine 
          may be made; proposing coding for new law in Minnesota 
          Statutes, chapter 325E. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [325E.075] [SALE OF TOBACCO BY VENDING 
MACHINE.] 
    Subdivision 1.  [DEFINITION.] For purposes of this section, 
"tobacco" has the meaning given the term in section 609.685. 
    Subd. 2.  [PROHIBITION.] Tobacco may be offered for sale or 
sold in this state by or from a vending machine or appliance or 
any other medium, device, or object designated or used for 
vending purposes only at the following locations: 
    (1) in an area within a factory, business, office, or other 
place not open to the general public or to which persons under 
18 years of age are not generally permitted access; 
    (2) in an on-sale alcoholic beverage establishment or an 
off-sale liquor store, if: 
    (i) the tobacco vending machine is located within the 
immediate vicinity, plain view, and control of a responsible 
employee, so that all tobacco purchases will be readily 
observable by that employee; 
    (ii) the tobacco vending machine is not located in a 
coatroom, restroom, unmonitored hallway, outer waiting area, or 
similar unmonitored area; and 
    (iii) the tobacco vending machine is inaccessible to the 
public when the establishment is closed; and 
    (3) in other establishments, upon the following conditions: 
    (i) it must be located within the immediate vicinity, plain 
view and control of a responsible employee, so that all tobacco 
purchases will be readily observable by that employee; it must 
not be located in a coatroom, restroom, unmonitored hallway, 
outer waiting area, or similar unmonitored area; and it must be 
inaccessible to the public when the establishment is closed; and 
    (ii) it must be operable only by activation of an 
electronic switch operated by an employee of the establishment 
before each sale, or by insertion of tokens provided by an 
employee of the establishment before each sale. 
     Subd. 3.  [LOCAL REGULATION.] The governing body of a local 
unit of government may adopt rules or ordinances relating to 
vending machine sales of tobacco that are more restrictive than 
the restrictions imposed by this section. 
    Presented to the governor April 5, 1990 
    Signed by the governor April 9, 1990, 10:17 a.m.