Cottage Grove council imposes $300 penalty after two retailers fail underage tobacco checks

The Cottage Grove City Council on June 17 imposed the scheduled $300 penalty on two retail businesses after police compliance checks found clerks sold tobacco to a 17‑year‑old decoy.

Interim Director of Public Safety Brad Peterson told the council that Cottage Grove Police run two tobacco and THC compliance checks per year because"it’s statutorily required by the state" and to keep age‑restricted nicotine products out of underage hands. Peterson said the May 27 checks used a 17‑year‑old male decoy who successfully purchased Velo 9 mg pouches at Holiday Gas Station, 8490 East Point Douglas Road South, and ZYN pouches at Smoke Shop and Vape, 6990 80th Street, after clerks did not request identification. "It’s not trying to be a game of gotcha," Peterson said, describing the department’s decoy procedures and parental consent for minors used in the checks.

Peterson said both clerks admitted they had not checked ID; one said the buyer "appeared to be old enough" because he had a beard, and the other said he did not want to "inconvenience" a customer using crutches. Both clerks received misdemeanor citations for sale of tobacco to an underage buyer and management was notified and invited to the council meeting.

Anneliese Nelson, identifying herself as a representative of Holiday Gas Station, told the council the employee was terminated and the store will begin "100% carding" for age‑restricted products starting July 1 and hold retraining. Councilmember Wilson asked whether the store uses electronic ID scanning through its point‑of‑sale system; Nelson said the system is available but the clerk did not use it in this incident.

Sherif El Barawi, representing Smoke Shop and Vape, said the business uses digital prompts at the point of sale but the cashier had skipped the prompt; El Barawi said the employee was terminated and the store will increase oversight. "In his defense," El Barawi said, the clerk "saw the guy, he came with a beard and crutches," but he added "this is not an excuse" and the business is taking steps to prevent a recurrence.

Peterson recommended that the council allow businesses to contest the findings at a future hearing or, if they admit responsibility, impose the scheduled penalty for a first violation in a 36‑month period. Councilmember Bertiedy moved to impose the $300 scheduled penalty; the motion was seconded by Councilmember Rollison and approved by voice vote.

The council’s action imposes the penalty but does not preclude businesses from requesting a contested hearing, Peterson said. The police department’s redacted reports and the city’s notice of violation are included in the council packet. The council adjourned after routine business and community announcements.