Two Elmira Tobacco Retailers Violate State Law

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Friday, August 9, 2013 | Categories:
Two Elmira Tobacco Retailers Violate State Law

Two local tobacco vendors sold tobacco to a minor during routine compliance checks, the Chemung County Health Department reported.

The Kwik Fill at 357 S. Walnut St. was fined $350 for a violation on July 2, and the Kwik Fill at 155 Madison Ave., was fined $350 for a violation on July 3, the health department said.

The owner of both Kwik Fills accepted the stipulation offers that included a lesser penalty than could have been imposed, and the owner has since paid the penalties, the health department said.

A point system for sale violations at retail establishments was established in 2002. Typically, two points are assigned for a sale violation. The Madison Avenue Kwik Fill was assessed only one point for the sale violation because the selling clerk had attended an approved training course. The South Walnut Street Kwik Fill was assessed two points, the health department said.

Neither facility had any points on their records prior to these recent sales. The accumulation of three or more points will lead to the suspension of their tobacco registration and lottery license by the state for six months. The points are removed at the conclusion of a license suspension.

According to Thomas Kump, director of environmental health for the health department, compliance checks are conducted at least annually at every tobacco retailer in the county. Facilities with points on their record will receive three unannounced compliance checks per year.

State law prohibits the sale of tobacco to anyone less than 18 years old. It also requires tobacco vendors to require photographic proof of age for any individual attempting to purchase tobacco that appears to be younger than 25 years old.

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