Responding to a public records request from the Free Lance,
county health officials recently released a list of 14 local
businesses caught in a decoy operation last May selling cigarettes
to minors.
Hollister – Responding to a public records request from the Free Lance, county health officials recently released a list of 14 local businesses caught in a decoy operation last May selling cigarettes to minors.
The figure represents 33 percent of San Benito County tobacco retailers, but local law enforcement agencies say they don’t have the resources to enforce the law.
Forty-two county stores sell tobacco products. The 14 that attempted to sell to a person under 18 were reported in a recent study released by the San Benito County Health and Human Services Agency.
Police officers will be made aware of the 14 retailers, but Hollister Police Chief Jeff Miller said his agency doesn’t have the funding to enforce tobacco laws.
“I don’t have the staffing to bring out proactive efforts,” Miller said.
Miller hopes to get help from the community and store owners to prevent such criminal activity.
“If the store owners and clerks are vigilant, it will greatly reduce the problem,” Miller said. “They should be motivated by a sense of civic duty and moral responsibility to comply with the law, whether a police officer is there on the corner to enforce the law or not.”
Health educator Mike Torres, who works with the Tobacco Education Program at the county Health and Human Services Agency, says the lack of tobacco law enforcement is nothing new.
“Tobacco has always been low priority (for law enforcement),” Torres said. “But hopefully that will change.”
Torres understands that the police and sheriff departments are underfunded and that other types of crime, such as gang violence, may take precedence over tobacco law infractions. He hopes the community will step up efforts in the interim.
“Community members who feel strongly about this should speak out,” Torres said.
Health and Human Services enlisted the aid of local teenagers from San Benito and San Andreas high schools, as well as volunteers from the San Benito County Youth Alliance, in a decoy operation to identify retailers who were not enforcing the law.
The students asked for cigarettes, but were not allowed to actually exchange money with the retailer. They were required to make an excuse to leave the store after an offer to sell tobacco was confirmed. Volunteers were not allowed to lie, and had to furnish proper I.D. upon request. Some retailers sold the students cigarettes anyway, and some advised them to have an older customer purchase the cigarettes on their behalf.
Joe Aguilar, owner of Metropolis Tattoo on San Benito Street in downtown Hollister, was unaware that his store had been caught selling tobacco products to minors. Aguilar says he is serious about preventing unlawful tobacco sales and vowed to fire any employee caught selling tobacco to minors.
“We require ID for sales of all tobacco and tobacco-related products,” Aguilar said. “I could be fined, and that’s not something to play around with.”
According to state law, retailers can be fined up to $300 for a first offense, and repeat offenders can be fined up to $6,000. While Health and Human Services can warn offenders and thank those establishments that did not attempt to sell tobacco products to minors, they do not have the authority to enforce the law. Enforcement authority falls on local law enforcement agencies, but are rarely attended to.
Safeway and Safeway Gas Station were also caught in the sting. Safeway’s Director of Public Affairs Jennifer Webber said the company takes unlawful tobacco sales very seriously and will look into the matter.
“Safeway does not tolerate selling tobacco to minors and has very strict disciplinary procedures,” Webber said. “We are committed to doing everything we can to prevent this.”
Safeway employees are required to undergo comprehensive training about tobacco laws and face suspension or termination if they do not comply with company policy and state laws, Webber said.
Dennis Acha, Director of Programs at the American Lung Association, understands that funds are limited, but said that local enforcement agencies will respond if the public submits specific complaints.
“All laws should be enforced,” Acha said. “We definitely want something to be done about this.”
Brett Rowland covers education for the Free Lance. He can be reached at 831-637-5566 ext. 330 or br******@fr***********.com
