Tobacco sting results in 10 violations
Illegal sales increased from the last series of compliance operations 
–The San Luis Obispo County Health Agency’s Tobacco Control Program in coordination with the San Luis Obispo County Sheriff’s Office completed countywide tobacco sales compliance check operations which ended on Nov. 2. The enforcement activity utilized underage decoys to regulate illegal sales of tobacco products to minors and resulted in ten businesses selling to a decoy (a 20.83-percent illegal sales rate) in the unincorporated areas of the county. The illegal sales rate increased from the last series of compliance operations. Tobacco compliance monitoring has been continuously in effect since 2012. For comparison purposes, the program’s all-time high illegal sales rate is 25.93-percent with the low being 5.17-percent. On June 9, 2016, the minimum age for purchase of tobacco products in California raised from 18 to 21 years of age. The minimum purchase age increase to 21 was determined to have no impact on the violations that occurred.
The compliance checks focused on unincorporated communities including but not limited to San Miguel, Santa Margarita, Cambria, Cayucos, Los Osos, Avila Beach, Oceano and Nipomo. The incorporated cities within the county did not participate in these sting operations. With the assistance of four local volunteer decoys (under age 21), forty-eight tobacco retailer locations were visited throughout the county. Eleven clerks from ten of the forty eight retailers illegally sold tobacco to the decoy, accounting for the 20.83-percent sales rate. One store had two clerks responsible for their participation in the sale, accounting for the discrepancy between eleven clerks versus the ten stores responsible. Under Penal Code § 308, it is a misdemeanor to sell tobacco products to anyone under the age of 21.
The ten stores that engaged in the illegal sale of tobacco products to an underage 21 minor were as follows:
Stores with no prior violations were:
- JJ’s Market, 2792 Halcyon Rd, Arroyo Grande
- Cayucos Gas & Mini Mart, 198 N. Ocean Ave, Cayucos
- Woodstone Marketplace, 6675 Bay Laurel Dr., Avila Beach
Second violation stores were:
- Nipomo Marketplace Chevron, 501 W. Tefft, Nipomo
- San Miguel Chevron, 998 K Street, San Miguel
- San Miguel Market & Deli, 1299 Mission St, San Miguel, Shandon.
Third violation stores were:
- Paul’s Liquor, 101 N Ocean Ave, Cayucos
- Bob & Jan’s Bottle Shop, 2292 Main St, Cambria
- Cambria Chevron, 2194 Main St, Cambria.
The following store sustained their fourth violation:
- Oceano Market, 1711 Front St, Oceano.
Retail clerks with tobacco sales violations are issued a notice to appear and criminally prosecuted through superior court. By county ordinance, any business responsible for the violation is subject to administrative penalties including suspension of their ability to retail tobacco and a $1000 fine for each offense. First and second offender business may elect to participate in a diversion program aimed at reducing licensing suspensions in exchange for onsite employee education and point-of-sale upgrades that use technology to prevent future sales.
The San Luis Obispo County Health Agency’s Tobacco Control Program offers retailer training on how to refuse a sale, methods to identify an underage buyer and instruction on properly reading an identification card or driver’s license. Members of the public or media with questions regarding the sale of tobacco products to minors are encouraged to call the Tobacco Control Program at (805) 781-5564.
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