Fairness should rule tobacco license hearing

As a city leader, this is a scenario with which you don’t want to be faced.

Faribault Tobacco, a local business, has been accused of selling tobacco to minors and selling while its license was suspended. Faribault Police have caught the store selling to underage smokers three times in the last two years, according to a memo given to the council by city attorney Scott Riggs.

As a result of the transgressions, the city suspended the store’s license for seven days and fined the owner $250. Police say an undercover officer purchased tobacco during the suspension. On Tuesday night, the council approved holding a hearing to determine whether and how the city should further penalize the business.

In this economy, it surely must be painful to consider penalizing any business, but the city has little choice. Selling tobacco, a known gateway drug that can lead to more serious addictions, to minors is not a small problem. Lest it appear to value business over the safety of the community’s youth, the city must send a strong message that it won’t tolerate violations of the law.

On the other hand, no business deserves to be unjustly penalized, particularly if the employees and not the owner are the problem. It is incumbent on the city to provide an impartial hearing administrator and to make sure the proceedings allow for Faribault Tobacco to defend itself.

And should the hearing officer determine a penalty is warranted for Faribault Tobacco, the question becomes whether the transgressions were inadvertent or deliberate. The former would suggest that the city’s work should focus on helping Faribault Tobacco eradicate the problems that led to it illegally selling — perhaps by mandating additional employee training or a probationary license status. But if it’s proven to be the latter, the city has no choice but to act in a way that ensures our community’s youth can’t get access to tobacco.