January 18, 2023
By: Dwayne Page
Clerks at seven local stores have been cited for selling beer, or cigarettes, or vape products to a minor as a result of an undercover investigation conducted recently by the Smithville 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 Stop 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. They are scheduled for a court appearance on January 26.
Police Chief Mark Collins said the investigation was conducted using an undercover minor agent to make the purchases. The action was taken based on recent public complaints.
“During the last few days, 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.
“When someone does something right, I like to brag on them and in this case, I have written out a statement to the people who did not make the illegal sale that says the following: In the past few days the Smithville Police Department has conducted undercover beer and cigarette buys within the city limits of Smithville. During this operation we found that your business was in compliance with all state laws in regard to the sale of beer and or cigarettes to minors. I want to thank you for being a responsible vendor and doing your part in keeping beer and tobacco out of the hands of our juveniles. I signed this and the mayor signed it also,” said Chief Collins.
Aside from the citations against their clerks, store owners licensed to sell alcohol by the Smithville Beer Board or Tennessee Alcoholic Beverage Commission where these violations occurred may have to answer to those licensing authorities for the actions of their clerks.
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.