GV Gas Station's Tobacco Compliance Fines Upheld

Source from:  By Sue Webber - Sun Newspapers Wednesday, September 24, 2008 09/28/2008

Fines against a Golden Valley gas station cited for failing a recent tobacco check were upheld Sept. 16 during a City Council administrative hearing. Bill Feist, owner of the Golden Valley Sinclair station at 1875 N. Lilac Drive, requested the hearing after his clerk sold cigarettes to an underage girl on July 8. "It was our first offense ever, and right away we got a fine," Feist said. "I think it should be just a warning. I'm getting tired of getting fined by everybody in government. It's got to stop somewhere." Feist said the cashier who made the sale has been employed at his station for four years and has been "very good." Feist said the cashier checked the girl's identification, but inadvertently made the sale. "I understand you've got to do this stuff, but the only 16-year-old who does this [purchase cigarettes illegally] is the one who's trying to sting us," he said. "We do check everybody." Feist was fined $150 for the offense; his clerk paid a $50 fine. "These are not exorbitant fines for the first offense," Councilmember Mike Freiberg said. "It sounds like an established business with no history of problems. It was probably just an aberration. But we have to uphold our ordinance. Fines were levied on other businesses who did the same thing." Mayor Linda Loomis said administrative hearings are conducted to determine whether a violation occurred. "The ordinance doesn't allow us to change the fine," he said. Three of Golden Valley's other 18 tobacco licensees also failed the tobacco compliance check. They include the Liquor Barrel, 7890 Olson Highway; SuperAmerica, 6955 Market St.; and Walgreens, 5695 Duluth St. According to Golden Valley Police Chief Stacy Altonen, SuperAmerica and Walgreens also failed the first compliance check last year, but passed a follow-up check later in 2007. Two of the city's 25 alcohol licensees failed compliance checks July 10, including Chester Bird American Legion, 200 N. Lilac Drive; and Theodore Wirth Chalet, 1301 Theodore Wirth Parkway. For a first alcohol offense, the fine varies depending on the type of liquor license an establishment has, but ranges from $250 to $750 and a one-day suspension from selling alcohol, Altonen said. All consequences for alcohol violations are given only to the business, not an individual, she said. Enditem