The number of businesses whose employees sold cigarettes to underage customers Tuesday was down one from the last compliance check, but up from past years.

Bismarck police took teenage volunteers to 38 local businesses to determine how closely the clerks look at identifications if at all. Nine businesses sold tobacco products and failed the annual test. In June, a similar test was conducted and 10 retailers failed.

The nine businesses whose clerks sold tobacco products Tuesday were Northbrook Amoco, Arrowhead Tesoro, B&J Tesoro, Country West Conoco, Dan's Supermarket north, Gas Plus, Simonson's, Unistop and Best Stop. Simonson's was the only business that failed both tests.

The 2004 failure rate has more than doubled from past years, likely due to new tactics. The tobacco compliance checks are conducted twice a year by the police department, in conjunction with the Bismarck-Burleigh Tobacco Prevention and Control Program. Grant money is allotted for drug prevention and treatment in states that show improvement in compliance rates.

In the past, police officers waited in the car while volunteers went into gas stations, grocery stores and discount stores to try to buy cigarettes. The underage buyers were instructed to truthfully answer any of the clerks' questions, and if they were asked for identification, they were told to say they didn't have any.

In the last couple of compliance tests, the teenagers were told to hand over their driver's license. Clerks at five of the nine businesses that failed the recent test asked for IDs and eight of 10 asked for IDs in June.

Some clerks didn't look closely at the IDs they'd just asked for, and others studied them before selling.

"It appears to be a mathematical problem with them, and I don't know if we can do any training on that," School Resource Officer Perry Lauer said.

Retailers who repeatedly sell tobacco products to buyers younger than 18 face a fine of up to $1,000 and the possibility of a suspended permit. The city ordinance also includes $70 in fines for minors who buy tobacco products and $500 fines for store clerks who sell them. Complaints against the clerks and businesses were forwarded to the city attorney's office.

A half-dozen teens between the ages of 16 and 17 participating in the compliance check made no effort to disguise their age and wore clothing, hairstyles and makeup similar to what they ordinarily wear. Four police officers and two youth workers transported the teens between 4 p.m. and 8 p.m. There are 40 tobacco outlets in Bismarck but two were closed by the time the teams arrived.

(Reach reporter Mike Albrecht at 250-8261 or cops@ndonline.com.)