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Undercover teens smoke out tobacco-sales scofflaws
The Salem News Online ^ | Thursday, May 11, 2006 | Chris Cassidy

Posted on 05/11/2006 3:19:12 PM PDT by Momaw Nadon

DANVERS — The brown SUV rolled to a stop in a Holten Street parking lot as two 17-year-old high school students in the back seat emptied their pockets of everything except their cell phones and a $20 bill.

They wouldn't need much more to buy a pack of cigarettes in Danvers.

The girl, wearing a gray hooded sweatshirt and a pair of jeans, stepped into the pouring rain, approached a sales clerk at the Mobil gas station and returned moments later with a pack of Marlboro Reds.

The two teens work undercover for the North Shore Tobacco Control Program, the regional agency that regularly conducts stings at gas stations, convenience stores and supermarkets to see whether they sell cigarettes to underage kids. Customers must be 18 to buy cigarettes legally.

Tuesday night, the teens canvassed Danvers for three hours with director Joyce Redford, hitting 25 of the 37 establishments in town with permits to sell tobacco products.

On the first check of the night, the Mobil on Holten Street appeared to fail, marking its fourth violation since February 2004. Now, the establishment faces a $300 fine and a 30-day suspension of its permit to sell tobacco products, Redford said.

The 17-year-old girl, "Ann" — the teens requested their middle names be used to protect their identity — described the store clerk to Redford, then handed her the cigarette box after marking it as evidence.

Moments later, Redford confronted the Mobil employee and issued a citation.

"I'm Joyce Redford with the Board of Health," she said to a store clerk sitting inside a kiosk talking on his cell phone. "Yeah, it would probably be a good idea to put that down.

"We just sent a 17-year-old over here to buy a pack of cigarettes, and you sold them to her," she said.

The clerk was silent.

"This is your fourth offense," she said.

The girl had told him her mother was waiting in the car, the store clerk said.

Then he changed his story.

"I always check IDs," he said. "Honestly, I saw her walking in the rain and felt bad for her."

"That's no excuse," Redford said.

Like all the establishments caught in the tobacco stings, the Holten Street Mobil has a chance to fight the charge — much like a driver can contest a traffic ticket — by requesting a public hearing with the Board of Health. The board has the ultimate authority to level fines and suspensions.

No cigar

Redford and the two teens crisscross town, hitting Danvers Square, Danversport and the Liberty Tree Mall.

Before he could even ask for a Phillies Blunt at Cigars 'R' Us, "Ryan" — a clean-shaven 17-year-old wearing a white baseball cap, hooded sweatshirt, jeans and a blue jacket vest — was asked to produce an ID and told to leave when he could not.

But when he walked into a Sunoco gas station on Route 114 with Ann, they were able to buy a pack of cigarettes even after admitting they didn't have identification, they said. Redford issued the store a $100 fine — its first offense — then ordered the clerk to remove packs of cigarettes and a tobacco display sitting on the counter, which is also prohibited.

Both of the teens have been working undercover for a year or more, earning $7 an hour and spending one or two nights a week stinging the 500 establishments in nine North Shore communities that sell tobacco. They're instructed never to lie, but they are given leeway. If asked whether they have ID, they can shrug their shoulders, for example.

The idea is to make the encounter as realistic as possible, as if it's any other teen trying to buy cigarettes underage. Before conducting their first sting, the teens train for a night, observe other stings and role-play.

"It has to look like a natural sale," Redford said.

Both teens said the experience has taught them how to think on their feet. Ann even plans to change her major from nursing to criminal justice when she goes to college in the fall.

"I feel like I'm making a difference," Ryan said. "I wouldn't want my kids to be able to buy cigarettes. I feel like it's protecting others."

Five caught selling

All told, the teens caught five local businesses selling cigarettes to minors in Danvers Tuesday night — a compliance rate of 80 percent, which is lower than normal, Ryan said.

Despite several signs posted at the counter prohibiting underage tobacco sales, Ann was able to buy a pack of cigarettes from a teenage employee at the Stop & Shop at the Liberty Tree Mall, she said. Redford issued the supermarket a $100 fine for its first offense.

And both the New Bridge Variety & Deli and Concord Gas in Danversport received $200 fines and face seven-day suspensions for their second violations in less than a year.

Jim El, the owner of Concord Gas, said yesterday that he's always careful to card everyone, but plans to pay the fine. He said his brother was watching the store while he was away.

"I'm going to make sure it never, ever happens again," El said.

Owners of the other establishments caught in the sting could not be reached for comment yesterday.

Ryan said the problem is usually one of carelessness, rather than any intent to flout the law.

"There are very few establishments that want to sell to kids or get kids hooked," Ryan said. "They just aren't paying attention."

Secret agents

Names: "Ryan" and "Ann"

Age: 17

Job: Conducting undercover tobacco stings at North Shore establishments

Scariest moment: At a Lynn gas station, a store clerk suspected Ryan was working undercover after selling him a pack of cigarettes. "You better not cost me $100, or I'll kill you," he said. The store was later cited. "I just looked at him, took the change and walked away," he said. "I was scared."

Most unusual moment: A Danvers merchant once ordered Ann to smoke a cigarette in front of the store to prove that she wasn't an undercover worker.

Most hair-raising moment: In Lynn, a store owner became so enraged by a violation that he began banging on the back windshield of the van where the teens were hiding after they had made the sale.


TOPICS: Crime/Corruption; Culture/Society; US: Massachusetts
KEYWORDS: 1tobaccojudas; brownshirts; cigar; cigarettes; fines; hitleryouth; kids; pufflist; sales; scofflaws; smoke; smoking; sting; teen; teens; teensmoking; tobacco; tobaccosales; underage; undercover; youngpioneers
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To: elkfersupper

>>I guess pretty soon, we'll be conducting Twinky stings with fat people as the operatives at taxpayer expense.<<

they are not far from than in England except its ice cream be sold "too close" to
a school.


41 posted on 05/11/2006 9:24:19 PM PDT by gondramB (He who angers you, in part, controls you. But he may not enjoy what the rest of you does about it.)
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To: applpie

"Why shouldn't they do checks because otherwise these lamebrained clerks and retailers will sell sell sell anything to anybody. It's all about making a buck."

Yeah, those evil businesses taking advantage of the little guy.


42 posted on 05/12/2006 5:44:51 AM PDT by CSM (I went to the gas station this weekend and it was so popular that I had to wait for a pump. D-Chivas)
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To: Momaw Nadon
The two teens work undercover for the North Shore Tobacco Control Program, the regional agency that regularly conducts stings at gas stations, convenience stores and supermarkets to see whether they sell cigarettes to underage kids.

The little narcs will probably be getting a butt whupping by their peers.

43 posted on 05/12/2006 5:50:54 AM PDT by humblegunner (If you're gonna die, die with your boots on.)
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To: fr_freak

"Did you really think we want those laws observed?" said Dr. Ferris. "We want them to be broken. You'd better get it straight that it's not a bunch of boy scouts you're up against... We're after power and we mean it... There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that's the system, Mr. Reardon, that's the game, and once you understand it, you'll be much easier to deal with." ('Atlas Shrugged' 1957)


44 posted on 05/12/2006 5:51:18 AM PDT by CSM (I went to the gas station this weekend and it was so popular that I had to wait for a pump. D-Chivas)
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To: elkfersupper

"What is this world coming to?"

I wonder that on a daily basis. I was on another thread awhile ago, someone mentioned making ashtrays in school.
I made a couple of those, and built a .54 cal. Hawken rifle in shop class. (with Thompson parts)

Can you imagine doing that today? And ,heck I'm not that old. I started chewing snuff pretty young.But the secret police weren't prowling the streets then, either.


45 posted on 05/12/2006 6:40:38 AM PDT by 383rr ((those who choose security over liberty deserve neither; GUN CONTROL=SLAVERY)
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To: Momaw Nadon; Gabz
Budding Hillary Clintons (and this includes the "boys.")

Agents of the State in training, what good little Hitler Youth they are.

46 posted on 05/12/2006 8:56:07 AM PDT by Madame Dufarge
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To: elkfersupper
I bought my first pack of (purchased) cigarettes at the age of 9 from a vending machine for $0.25, and got a new penny inside the celphane wrapper for change.

They were $0.28 when I bought my first pack at the age of 11.

Four of us would chip in.

I could go on, but I died at the age of 30 from smoking. Just ask any smoking Nazi.

47 posted on 05/12/2006 9:02:04 AM PDT by Madame Dufarge
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To: lesser_satan
It's entrapment, and any conviction resulting from these nazi-like tactics should be struck down.

Sorry, dude, it's not.

48 posted on 05/12/2006 9:02:05 AM PDT by TChris ("Wake up, America. This is serious." - Ben Stein)
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To: fr_freak
The worst thing about these tobacco and alcohol stings using minors is that they usually target the lowest-paid employees, i.e. some college kid working at 7-11. The idea that minimum-wage employees now have to be agents of law enforcement seems ludicrous. By that I mean that the legislature passes a law saying kids under 18 can't have cigarettes, and then declare that it is up to the sellers to determine who is violating that law, and if they fail to enforce it, they are the ones who get busted.

That's just false. The clerks are not required to "be agents of law enforcement". If the state required the clerks to arrest any minor who tried to buy cigarettes, then you would be right. The state requires employees to obey the law, and that's just fine. Also, the penalty goes against the store, not the clerk. These establishments need to make it abundantly clear to their clerks that they are not to sell tobacco to minors. If they do things that cause the business to be fined, they should be fired for it.

49 posted on 05/12/2006 9:08:07 AM PDT by TChris ("Wake up, America. This is serious." - Ben Stein)
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To: Madame Dufarge

RIP,Madame !! !


50 posted on 05/12/2006 2:13:11 PM PDT by Mears
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To: Madame Dufarge


51 posted on 05/12/2006 2:15:44 PM PDT by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: Madame Dufarge
I could go on, but I died at the age of 30 from smoking. Just ask any smoking Nazi

Lol you too? man with the number of people dieing from smoking and from second hand smoke there are going to be a buttload of ghost towns in america really soon.

52 posted on 05/12/2006 2:17:24 PM PDT by freepatriot32 (Holding you head high & voting Libertarian is better then holding your nose and voting republican)
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To: freepatriot32
Lol you too?

I know, I attended your funeral.

And a moving one it was......

53 posted on 05/12/2006 2:32:43 PM PDT by Madame Dufarge
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To: Mears
Thank you Mears.

We all smoke on the other side.

54 posted on 05/12/2006 2:37:41 PM PDT by Madame Dufarge
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To: Madame Dufarge

I'll soon be joining you on the other side.

Save me an ahtray and a spitoon, will ya?


55 posted on 05/13/2006 6:20:09 AM PDT by 383rr ((those who choose security over liberty deserve neither; GUN CONTROL=SLAVERY)
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To: TChris
Here's an idea.

Why not just legalize tobacco?

Not the ultimate solution to the nanny-state neoprohibitionist movement, but it's a good start.

56 posted on 05/13/2006 1:05:32 PM PDT by elkfersupper (Normal American)
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To: Momaw Nadon

Do these kids have to pay for their uniforms with the $7 an hour they're making??


57 posted on 05/13/2006 1:11:29 PM PDT by Fintan (There once was a man from Nantucket...)
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To: an amused spectator

"From the looks of it, all three points of entrapment are satisfied in these cases."

That's what I thought, that's why I no judgement call on it. For the government to do this it looks to me as if they have to find a minor (not a gov employee) who has already bought cigarettes at a certain place for them to do this. Then they would have willingness to commit the crime.


58 posted on 05/13/2006 1:35:12 PM PDT by jwh_Denver (Illegal immigration 24/7, the GOP ain't making it 24/7, Oil 24/7)
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To: 383rr

No problem, plenty to go around.


59 posted on 05/14/2006 3:43:37 AM PDT by Madame Dufarge
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To: Madame Dufarge
I died at the age of 30 from smoking.

I look at it this way:

I was born at least a hundred years too late;

I'm 54 years old;

100 years ago, the average life expectancy was 45 years;

I've beat the odds. Let the good times roll!

60 posted on 05/14/2006 5:35:14 PM PDT by elkfersupper (Normal American)
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