Selling tobacco products to people under the age of 18 is illegal.

It's something all retailers know, but as the results of the 2002 tobacco compliance report by the Mower County Sheriff's Department and the Austin Police Department show, many area businesses still do it.

The study, which was funded by the Minnesota Tobacco Prevention Initiative for Youth found that in Austin, only 17 of the 36 businesses checked, passed.

Six of the 19 businesses that failed, also failed compliance checks in 2001.

Figures for the county were somewhat better.

Of 28 businesses that sell tobacco products, 22 passed. Four of the businesses that failed were checked a second time and three of those passed.

The results do not please law enforcement officials.

"One of the most disturbing things is that these businesses will check the IDs and still sell to minors," Austin Police Chief Paul Philipp says. "I can't believe how many places asked for ID, saw the age of the individual and gave them cigarettes anyway."

Mower County Sheriff Barry Simonson acknowledges not every store will always pass the compliance checks. "It's a thorny problem that's been around forever. It's not going to go away," he says.

However, Philipp and Simonson agree the situation needs to improve. "It's past the warning stage. It's time for some action to be taken," Simonson says. "All these stores say they don't sell to minors, they don't want to lose their licenses," but it's obvious some do and perhaps they will. Letters regarding the failing businesses have been sent to all the city councils in the county, as well as the city and county attorneys.

"They'll say it's hard to do, they don't have the time, high employee turnover makes it harder for them, but it's the law and they have to comply," Philipp says.

The sheriff's department and the police department are willing to work with companies to make sure their employees don't sell tobacco products to minors, Simonson and Philipp say.

A training session on checking IDs was offered after the compliance study was done, but of the 60 businesses asked to attend, only three attended. However, a video is available and Simonson said "the sheriff's department would be happy to send an officer to talk to the staffs at their employee meetings. It's not that we're not willing to help."

Freedom Gas in Austin was one of the businesses that passed the compliance check and Manager Kim Schiesser credits employee training as one of the reasons the store passed.

"When I train employees, I always tell them they must ask for IDs if the person looks younger than 30," she says.

"I tell them to never be ashamed, never be embarrassed.

That's what it is, it's all in the training."

This is the third year the convenience store has passed the complianance check, so Schiesser's theory seems to have worked.

"Even the high school kids who work here are good about checking IDs," she says.

Businesses in Austin that passed the 2002 tobacco compliance checks are:

Ankeny's #4

Apollo Liquor

Austin Auto/Truck Plaza

Austin Liquor

Beer Depot

Bell Liquor

Black Bart's

CashWise Foods

Freedom Gas

Hy-Vee Foods

Kelly's Amoco

Knauer's Market

KwikTrip

Nicol's Texaco

Regal Liquor

Sinclair Gas on North Main Street

Texaco Gas near the airport

Businesses in Austin that failed the 2002 tobacco compliance checks are:

Amoco Food Shop

Ankeny's #1

Ankeny's #2

Ankeny's #5

Apollo #3

Apollo Superette

Kmart

Casey's General Store

Corner Market

Hovland's Sportts

Hy-Vee Gas

Jim's Supervalu

Reed's Food and Fuel

Severson's Food Plus

Sinclair Gas on Fourth Street NW

Star Liquor

Steer Truck Stop

Tobacco Bell

Businesses in the county that passed the 2002 tobacco compliance checks:

American Legion Club in Lyle

Amoco Food Shop in LeRoy

Ampride in LeRoy

Cheers Bar in Waltham

Chief Taopi Bar in Taopi

Dexter Foods in Dexter

D&D Market in Lyle

Freeborn County Co-op in Austin

Glynn's Motor Mart in Grand Meadow

Greenway Co-op in Brownsdale

Hanson Truck Center in LeRoy

Jacques Place in Sargeant

K&K Grocery in Brownsdale

LeRoy Liquor Store in LeRoy

Raceaway Amoco in Racine

Raceaway Liquor in Racine

Redowl Store in LeRoy

Smurfy's Gas Station in Grand Meadow

Skejenke Bom Bar in Grand Meadow

Southend Bar and Grill in Lyle

The Windmill in Dexter

Woody's Bar and Grill in Rose Creek

Businesses in the county that failed the 2002 tobacco compliance checks:

Brenda's Grocery in Rose Creek

Dexter Mobile in Dexter

Freeborn County Co-op Cenex in Lyle

The Keg in Brownsdale

Oasis in Dexter

Stier Grocery in Grand Meadow

Businesses in the county that failed once, but passed on a repeat attempt:

Brenda's Market in Rose Creek

Oasis in Dexter

Stier Grocery in Grand Meadow

Business in the county that failed once and failed on a repeat attempt:

Freeborn County Co-op in Lyle

Amanda L. Rohde can be reached at 434-2214 or by e-mail at :mailto:amanda.rohde@austindailyherald.com