February 10, 2023
By: Dwayne Page
Clerks from seven local stores cited last month by Smithville Police for illegally selling beer, or cigarettes, or vape products recently had their day in General Sessions Court.
According to Assistant District Attorney General Greg Strong, Judge Brandon Cox approved an informal diversion in each case. After six months if the clerks have no further offenses and pay their court costs, the cases will be dismissed.
The citations were issued in January as a result of an undercover investigation conducted by the police department.
Kimberly Rhea of Moses Discount Tobacco, Vape, and Beer on Walmart Drive, Yolanda Ruiz of Mercado Chabelita on East Broad Street, Linda Oliver of Sunoco on East Broad Street, Brandy Jackson of Smithville Discount Wine & Spirits on East Broad Street, Shelia Herron of Jewel’s Market on South Congress Boulevard, Caroline Michaels of Save-A-Lot on South Congress Boulevard, and Diab Barham of Mid-TN Vapor Shop of East Broad Street were each cited for sale of either beer, tobacco, or vape to a person under the legal age to make the purchase.
Meanwhile four of the store owners including Moses Discount Tobacco, Vape and Beer; Mercado Chabelita, Sunoco, and Jewel’s Market also made an appearance before the Smithville Beer Board Thursday and each received a $2,500 civil penalty for the violations. The store owners have seven days to pay the fines. The owner of Smithville Discount Wine & Spirits also reportedly received a $1,500 civil penalty recently by the State Alcoholic Beverage Commission.
Police Chief Mark Collins said the investigation was conducted using an undercover agent to make the purchases. The action was taken based on public complaints.
“The Smithville Police Department did an undercover operation targeting establishments here in town that sold beer, cigarettes, and vapes. We have had complaints from parents and concerned citizens that some of these stores were selling to people underage. During this investigation we targeted nearly every store in town that sold beer or tobacco to the public and seven buys were made to an undercover informant. In some cases, the clerks even asked for an ID and still sold it. None of the other stores we went to sold to our undercover agent and I want to commend them for that,” said Chief Collins.
The City of Smithville adopted a new beer ordinance in October which includes a Responsible Vendors Program that is voluntary but requires participating vendors to comply with employee training requirements. In exchange for complying with the program, certified vendors receive reduced punishments for any illegal sales to minors. Once certified, participating vendors are not subject to permit revocation or suspension upon an initial violation. Instead, they are subject to only a civil penalty not exceeding $1,000 per offense of sale to a minor or other offense. Permanent revocation will not be allowable absent two violations within a 12-month period under state law. Nonparticipating vendors face higher civil penalties. A noncompliant vendor guilty of sale to a minor is subject to suspension or revocation or a civil penalty not to exceed $2,500. These discrepancies in punishment provide a major incentive for retail vendors to become certified.
Neither of the alcohol offenders in this case had qualified as Responsible Vendors.