Sep 11, 2008 - 04:05:49 CDT
Dan's Super Market Inc. at 835 S. Washington St. received a deferred suspension of its tobacco license for 10 days at Tuesday's Bismarck City Commission meeting.Commissioners made the decision after the business sold to a minor under age 18 twice within a 24-month period.
The first offense occurred Dec. 13, 2006, and the second was May 13, 2008. Both occurred at the Washington Street site.
Dan's said in both instances, the clerk was a minor. Both clerks were terminated after they made the sales.
It was explained earlier in the meeting that there were no other deferred sentences against the business. The decision to defer applies for each location. Each store site violation is treated separately.
James Hill spoke on behalf of Dan's Supermarket at Tuesday's hearing before the commission.
"We were as serious 14 months ago as we are today of what our obligation is. ... We are serious about what we have done," Hill said.
Four other store officials also attended Tuesday's meeting.
Hill said several new safeguards have been added to the store to help prevent illegal sales. "We think we have one of the best programs in the community. We have done everything from our education programs. Two weeks before this incident, this same employee went through another refresher program," he said.
Hill said all customers are now carded before they are sold tobacco. He explained that the customer presents their license. "Our computer system is set up so you enter the digits. It will come up on the screen that you can sell or you cannot sell."
He said the clerk simply entered the wrong digits and that indicated the person was of legal age to buy tobacco.
"We have done what is humanly possible ... to make it fail-safe. There is one thing we cannot do. We can't prevent a momentary lapse or a judgment call." He said he believes his equipment is state of the art. When asked, he said techonology for scanning the licenses was likely in the works for the future.
Commissioners said it appeared Dan's had implemented a very aggressive program, and they deferred the suspension period for a year. If a new violation of this kind occurs at that store site in the next 12 months, new board action taken against the store will be added to the 10-day supension of tobacco sales.
(Reach reporter LeAnn Eckroth at 250-8264 or leann.eckroth@;bismarcktribune.com.)
Biff Malibu wrote on Sep 11, 2008 8:13 PM:
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