9 stores violate tobacco law

SANDUSKY — The Erie County Health Department on Monday released the names of nine local businesses found to be selling tobacco products to an underage customer. The health department said it tested 40 local businesses in a recent retail compliance check and found nine that sold products to a person who was 18, despite a ban on sales to people younger than 21. No citations were issued this time, but in the next check on local businesses will use local law enforcement and issue citations, the health department said. All of the 40 will be sent letters telling them if they passed or flunked. The nine who sold tobacco products are Dick's Carryout, 1318 Tiffin Ave.; Hookah Connection, 220 W. Perkins Ave.; Mickey Mart, 411 W. Washington St.; Puckerfish Vapes, 220 W. Perkins Ave.; Butts & More, 305 W. Perkins Ave.; Circle K, 814 W. Washington St.; Mickey Mart, 4701 Milan Road; Hy-Miler, 3223 Venice Road, and Third Base, 3330 U.S. 6. Items purchased include cigarillos, rolling papers and e-cigarette/vaping devices. Mickey Mart, which has corporate headquarters in Milan, did not respond to a request for comment. Pete Schade, Erie County's health commissioners, said two facts are influencing the decision to issue citations next time. The 77.5% compliance rate for the 31 stores that followed the law is a decrease from the 89% compliance rate during a check in 2020. In addition, at least three store clerks overrode their store's automated age verification system in order to complete the sale. "I'm very disturbed by the fact they swiped the ID or the driver's license and overrode it," Schade said. "Why even ask for it if you're going to do that?" "We need to send a message selling stuff to these kids is not appropriate. We're not going to stand by and watch it happen," Schade said. The health department said the 18-year-old sent out to see if she could purchase tobacco products showed an authentic, accurate ID to store clerks and answered questions truthfully about her age and date of birth. The person used for the checks looks underage, Schade said. Under Ohio law, Ohio Revised Code 2927.02, it's against the law to give, sell or otherwise distribute cigarettes, other tobacco products, smoking paraphernalia, or alternative nicotine products like e-cigarette or vaping products or devices to any person younger than 21. Store clerks caught violating the law can be charged with a fourth-degree misdemeanor, punishable by no more than 30 days in jail and a fine of up to $250 for the first offense.