Cigarettes and Tobacco News

Jul 20, 2007 -- Five local establishments were nabbed for selling cigarettes to a minor during a recent compliance check. Two of the Saugus vendors will lose their licenses to sell tobacco for 30 days due to repeat offenses.

On July 11, the North Shore Tobacco Control Program conducted compliance checks at 31 permitted tobacco merchants in town. Five of the businesses inspected were cited for selling cigarettes to minors.

Word of the failed inspection wasn't received well at one of the locations, Lynn Fells Exxon, where an employee allegedly threw a rock at the director of the North Shore Tobacco Control Program after she alerted him to the violation.

A few times each year underage youths working for the North Shore Tobacco Control Program attempt to purchase cigarettes from area businesses. The participants, who range in age from 15 to 17, don't carry fake IDs. To pass inspection, an employee only has to ask them to show identification.

According to North Shore Tobacco Control Program Director Joyce Redford, Tucker's Mobil and Gateway News Stand were identified as third-time offenders last week. As a result they were both issued $300 fines and starting Aug. 2 won't be permitted to sell tobacco for a period of 30 days.

Two businesses - Saugus Center Convenience and Lynn Fells - were busted for selling cigarettes to a minor twice within the last 24 months. For this indiscretion they'll have to pay $200 fines and lose their right to sell tobacco for seven days.

When it was later determined Lynn Fells Exxon was under new ownership, the incident was reduced to the equivalent of a first-time offense.

Finally, Our Glass Wine Company got hit with a $100 fine, but no license suspension, as a first-time offender.

Getting physical

The latest round of compliance checks led to an ugly situation at Lynn Fells Exxon when a longtime employee, George Johnson of Lynn, allegedly assaulted Redford.

After a minor exited the station with cigarettes in tow, Redford approached Johnson to tell him the law had been broken.

Redford said Johnson pointed his finger at her and acted in an aggressive manner. The confrontation continued outside when she claimed the store clerk threw an object that struck her in the right shoulder while she was walking to her car.

Stunned by what happened, Redford turned around and saw Johnson standing near the entrance to the door. She said the clerk then followed her to within 20 feet of her car and got into a pickup truck as she prepared to leave the parking lot.

Later that night Redford drove to the police station to report the incident, which resulted in assault and battery charges being filed against Johnson.

"I've been doing this job for 10 years and I've never been assaulted like that before," Redford said. "No employee working to enforce the town's regulations should be met with that kind of behavior."

When he became aware of what happened, Lynn Fells Exxon Owner Nomi Muhammad decided firing Johnson was the appropriate step to take considering the seriousness of the situation.

"I did what I felt was the right thing to do," Muhammad said.

Another check at Tucker's Mobil put Redford in a tough spot when a patron yelled obscenities at her after she explained the fine and license suspension to the business owner.

Director of Public Health Sharon McCabe stressed there is no excuse when it comes to someone treating a municipal employee in a threatening or intimidating manner.

Steps to follow

Redford has no sympathy for employees who claim they were distracted or too "busy" to check for identification. She noted the guidelines couldn't be clearer - you must request identification from any customer who looks 27 or younger and can only sell tobacco to people 18 years old and up.

The North Shore Tobacco Control Program runs educational programs to make sure businesses are aware of the rules and regulations, such as sending out cards reminding merchants to check IDs and fact sheets detailing the dangers of underage smoking.

If that isn't enough, Redford said the organization even goes so far as to offer training seminars on how to card customers properly.

"Despite all of this, we still run into habitual offenders," Redford said. "We give them every opportunity to do the right thing, but sometimes it just doesn't get through."

McCabe said it was disheartening to learn five businesses didn't pass the compliance checks, especially in the cases of the repeat offenders.

Particularly disturbing to McCabe is how a vendor like Gateway News Stand - which is located next to the food court frequented by teenagers at the Square One Mall - was flagged by the North Shore Tobacco Control Program.

"I think people need to realize the dangers cigarettes pose to youths and how they're recognized as a gateway drug to other substances," she said.