A Guide for Tobacco Retailer Employees
Free "How to read an
ID" posters and other materials for tobacco retailers
Each day about 45 youth begin using tobacco. About one in five
high school seniors use tobacco products, many beginning as young as 12
or 13 years old.
Preventing the sale of tobacco to young people is a high priority for
the state of Washington.
Tobacco sellers play a
critical role in helping reduce underage tobacco use. The
decisions you make can have major consequences for you, your store, and
the customer.
For you, it can mean your
job and your money; for your store it can mean money and the ability to
continue to sell tobacco; and for customers, it can mean a lifetime of
addiction that kills one out of three users.
It
is illegal to sell tobacco to any person under the age of 18
(RCW
70.155)
Illegal sales of tobacco to persons
under 18 years of age:
-
Can result in a fine up to $100 per illegal sale for the clerk.
-
The store can be
fined up to $1,500 and lose its license to cigarettes.
-
Many employers have a
policy to fire employees who sell tobacco to minors (check
with your supervisor to determine your store’s policy).
Before selling
tobacco: Check the valid photo ID of any person who appears
to be under the age of 27.
Acceptable ID
-
Valid driver license, instruction
permit, or identification card of any state or Canadian province
-
Valid U.S. armed forces ID
-
Valid passport
-
Valid Merchant Marine identification
card
-
Valid Washington tribal enrollment
card
Student ID cards and
expired ID cards are not valid for verifying age.
Examining the ID
Step 1
When an ID is presented, check
the photo first. Make sure that it matches the person presenting
it and that it has not been altered. If the photo doesn’t match or has
been altered: don’t gamble – don’t sell.
Step 2
If the photo matches, you must
check the birth date on that ID to make sure the person is over 18.
-
Many people in Washington have the
new blue/white drivers’ license or ID card. Unlike the old
licenses which were all the same, now people under 21 years old have
a vertical (up and down) license and those over 21 have a horizontal
(sideways) license.
-
A vertical ID is your first clue
that you should examine it closely:
- Be careful not to put your thumb over the birth date… easy to do and
hide the information you need to see!
- Some people still have the old
Washington drivers’ license or ID card – be sure and check the date
very carefully on these!
- Use a reminder sticker, calendar,
register software, or ask a manager or co-worker to help determine if
the person is 18 years old.
Refusing a tobacco sale
Sometimes it is necessary to refuse a sale.
Mostly customers are fine with this and move on (maybe with a bit of
grumbling). But sometimes they will do almost anything to get you to
sell tobacco products. Don’t let this intimidate you into making a
mistake: don’t gamble – don’t sell.
Here are a couple of tips to help you avoid
problems:
-
Always be firm, but polite.
-
Remind the customer that it is illegal
for you to sell tobacco products to anyone under the age of 18.
Explain that you and your store could be fined and that you might
even lose your job.
-
Be consistent. If you sell to someone
under the age of 18 even once (whether you know it or not), the word
will spread and you could get a lot of minors trying to buy from you
and your store.
-
Never give in to intimidation. If a
customer won’t let up, get your manager or a co-worker to help.
-
Be sure you are familiar with your store
policies for handling troublesome customers.
-
If you need to, call the police.
It is illegal for you to sell tobacco to an
adult who is going to give or sell it to a person under the age of 18.
You have the right to refuse a sale when you suspect this is the case.
-
Watch for youth hanging out in the
parking lot talking to adults…they could be asking the adults to
purchase tobacco products for them.
-
Also watch for adults purchasing multiple
brands of tobacco. Usually an adult will buy only one brand.
Multiple brands indicate they are buying for someone else. Be
chatty…ask questions.
If a sale is made to
a minor
If you do sell tobacco products to a minor,
you run the risk of incurring a fine for both yourself and your store.
Clerks can be fined:
Your store can also be fined according to the
number of sales in a two year period (no matter which employee did the
selling):
-
1st offense: $100
-
2nd offense: $300*
-
3rd offense: $1,000 and a 6 month license
suspension*
-
4th offense: $1,500 and a 12 month
license suspension*
-
5th offense: permanent revocation of
cigarette license*
Washington State Department of Health, local
public health departments, the Liquor Control Board, and local law
enforcement agencies may all conduct random unannounced compliance
checks to ensure compliance with the law. A compliance check is
when an underage operative working with one of the agencies comes into a
store and tries to buy tobacco.
If a sale is made, the Liquor Control Board
will then begin enforcement action (usually a fine to the clerk and to
the store). You never know when compliance checks are being
conducted. Always check ID and verify the customer’s age.
The Liquor Control Board and local tobacco
prevention programs offer training on how to successfully comply with
the law . Talk to your manager about how to get this training for you
and your co-workers.
*within
a two year period
Quick Quiz
-
True or False: If an illegal sale is
made, only the store gets a fine.
-
True or False: The fine for a clerk
making an illegal sale is $50 for the first offense and $100 for the
second.
-
True or False: It is illegal to sell
mini-cigars (cigarillos) to minors.
-
True or False: If a customer insists
he is over 18 but has no ID, you can sell a tobacco product to
her/him once, as long as you give her/him a warning to bring ID next
time.
-
True or False: You won’t be fined
for an illegal sale if it was an honest mistake.
-
True or False: An ID does not need
to have a photo on it to be valid.
-
What type of ID is valid to purchase
tobacco products in Washington?
-
If a customer gives you a hard time
because you won’t sell, what should you do?
-
What is a compliance check?
-
Where is the “AGE 18 ON...” date
located on an underage ID/license?
Quiz answers
-
False. Both the clerk AND the store are liable for a fine.
-
True.
-
True. It is illegal to sell all tobacco products to minors.
-
False. A customer must present a valid ID at the time of
purchase.
-
False. An illegal sale is an illegal sale. Don’t gamble –
don’t sell.
-
False. To purchase tobacco a customer must present a valid
photo ID as defined by law (see page 2).
-
Valid Washington State drivers’ license and ID card, valid
Washington State drivers’ license that has been ”punched” by the
Dept of Licensing, valid military ID, valid passport, or valid out
of state drivers’ license and/or ID card.
-
Be firm but polite, explain the law to them, call for help if
needed.
-
A compliance check is when an underage youth operative working with
an authorized agency attempts to purchase tobacco products in a
store. This is done to make sure clerks and stores are
complying with the law and not selling tobacco products to minors.
-
The
“AGE 18 ON...” date is located directly below the birth date, just
left of the photo.
Contact
Paul Davis
360-236-3642
Paul.Davis@doh.wa.gov |
