The moment you face an accusation of selling tobacco or electronic delivery devices to someone under 21, your world can feel like it’s been blindsided. In Duluth, or any of the hard-working communities across Northern Minnesota like Two Harbors or Cloquet, such a charge isn’t just a regulatory slap on the wrist; it’s a direct threat to your livelihood, your reputation, and your peace of mind. You might be a small business owner, a clerk simply trying to do their job, or a parent who made a mistake. Suddenly, you’re looking at fines, potential business repercussions, and the fear of a criminal record that could follow you. The questions race through your mind: Will I lose my job? How will this impact my business? What will my neighbors in Proctor or Bemidji think? The confusion and anxiety are immediate and overwhelming.
This isn’t merely about a transaction; it’s about the state asserting its power, and even a petty misdemeanor for a first offense can escalate into a misdemeanor conviction with serious implications for your future. The system is designed to prosecute, and without a fierce advocate by your side, you could find yourself navigating complex legal waters alone, facing fines and the lasting impact of a criminal charge in St. Louis County. This is not the end of your life; it is the beginning of a crucial fight. You need a relentless criminal defense attorney who understands the nuances of this specific law, someone who will aggressively challenge every aspect of the state’s case and fight to protect your business, your reputation, and your freedom.
The Stakes: What a Conviction Truly Costs
Your Permanent Criminal Record
A conviction for selling tobacco to a person under 21, even if it’s a petty misdemeanor for a first offense, can establish a permanent mark on your criminal record in Minnesota. While a petty misdemeanor doesn’t carry the same weight as a felony, it is still a public record that can be accessed by various entities. For individuals and business owners in Duluth, Bemidji, or other Northern Minnesota communities, this can mean more than just a momentary inconvenience. It can appear on background checks for future employment opportunities, loan applications, or even professional licenses, leading to unwanted scrutiny and potentially influencing critical decisions about your future and ability to conduct business.
Loss of Second Amendment Rights
While a conviction for selling tobacco to a minor doesn’t directly lead to the loss of Second Amendment rights, any criminal conviction adds to your permanent record. In certain circumstances, especially if there’s a pattern of other legal issues or if the conviction is aggregated with more serious offenses, it could potentially factor into broader considerations regarding your eligibility to own firearms. For many in Northern Minnesota, the right to bear arms is deeply valued, and any legal entanglement that might even remotely jeopardize this right is a serious concern that demands a robust defense.
Barriers to Employment and Housing
Even a petty misdemeanor conviction for selling tobacco to a minor can create unexpected obstacles when seeking employment or housing in communities like Cloquet and Proctor. Many employers conduct thorough background checks, and while this specific offense might not be an automatic disqualifier for every job, it can certainly raise questions or concerns for potential employers. Similarly, landlords often review criminal records, and a conviction, no matter how minor, might make them hesitant to rent to you, especially if other applicants have completely clean records. This seemingly small conviction can subtly but significantly limit your opportunities and create unnecessary hardship in your life.
Impact on Professional Licenses and Reputation
For those holding professional licenses in Minnesota, such as pharmacists, teachers, or even commercial vehicle operators, any criminal conviction can trigger review by licensing boards. While a tobacco sale violation might not directly relate to professional competence, these boards often consider a licensee’s overall conduct and adherence to the law. A conviction could lead to investigations, potential disciplinary actions, or even the suspension or revocation of your license, jeopardizing your career. Beyond professional repercussions, your personal and business reputation in close-knit communities like Two Harbors and St. Louis County can suffer significantly. News travels fast, and an accusation, let alone a conviction, can damage trust and undermine the standing you’ve worked hard to build.
The Accusation: Understanding the State’s Case
What Does the State Allege? Sale of Tobacco to Persons Under Age 21 Explained in Plain English
When the state charges you with selling tobacco to a person under 21, they are alleging that you, as someone 21 years of age or older, provided tobacco, tobacco-related devices, or electronic delivery devices to a minor. This law aims to prevent underage access to these products. It covers a wide range of products, from traditional cigarettes and chewing tobacco to vape pens and electronic cigarettes, along with any related components. The core of the accusation is that you knowingly or unknowingly facilitated a transaction that allowed someone under the legal age to obtain these items.
It’s important to understand that this isn’t just about direct sales; it also includes “giving” or “otherwise furnishing” these products. This means even if you didn’t directly sell it, but provided it in another way, you could still face charges. The law is strictly enforced across Minnesota, including in places like Duluth and its surrounding communities, as part of broader public health initiatives to restrict access for those under 21.
The Law on the Books: Minnesota Statute 609.685
Minnesota Statute 609.685 outlines the regulations and penalties regarding the sale or furnishing of tobacco, tobacco-related devices, and electronic delivery devices to individuals under the age of 21. This statute is comprehensive, defining the various products covered and specifying the legal consequences for violations.
Subdivision 1.Definitions. For the purposes of this section, the following terms shall have the meanings respectively ascribed to them in this section.
(a) “Tobacco” means cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
(b) “Tobacco-related devices” means cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately.
(c) “Electronic delivery device” means any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product. Electronic delivery device includes but is not limited to devices manufactured, marketed, or sold as electronic cigarettes, electronic cigars, electronic pipe, vape pens, modes, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device excludes drugs, devices, or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration.
Subd. 1a.Penalty to sell or furnish. (a) Any person 21 years of age or older who sells, gives, or otherwise furnishes tobacco, tobacco-related devices, or electronic delivery devices to a person under the age of 21 years is guilty of a petty misdemeanor for the first violation. Whoever violates this subdivision a subsequent time within five years of a previous conviction under this subdivision is guilty of a misdemeanor.
(b) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6.
Subd. 2.Use of false identification. A person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices and who uses a driver’s license, permit, Minnesota identification card, or any type of false identification to misrepresent the person’s age, shall only be subject to an alternative civil penalty, in accordance with subdivision 2a.
Subd. 2a.Alternative penalties. Law enforcement and court system representatives shall consult, as applicable, with interested persons, including but not limited to parents, guardians, educators, and persons under the age of 21 years, to develop alternative civil penalties for persons under the age of 21 years who violate this section. Consulting participants shall consider a variety of alternative civil penalties including but not limited to tobacco-free education programs, community service, court diversion programs, and tobacco cessation programs, and for persons under the age of 18 years, notice to schools and to parents or guardians. Alternative civil penalties developed under this subdivision shall not include fines or monetary penalties.
Subd. 3. MS 2018 [Repealed by amendment, 2020 c 88 s 11]
Subd. 4.Effect on local ordinances. Nothing in subdivisions 1 to 2a shall supersede or preclude the continuation or adoption of any local ordinance which provides for more stringent regulation of the subject matter in subdivisions 1 to 2a.
Subd. 5.Exceptions. (a) Notwithstanding subdivision 1a, an Indian may furnish tobacco to an Indian under the age of 21 years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
(b) The penalties in this section do not apply to a person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes.
Subd. 6.Seizure of false identification. A licensee may seize a form of identification listed in section 340A.503, subdivision 6, if the licensee has reasonable grounds to believe that the form of identification has been altered or falsified or is being used to violate any law. A licensee that seizes a form of identification as authorized under this subdivision shall deliver it to a law enforcement agency within 24 hours of seizing it.
History: 1963 c 753 art 1 s 609.685; 1981 c 218 s 1,2; 1986 c 352 s 4; 1989 c 290 art 3 s 33,34; 1992 c 588 s 1; 1993 c 224 art 9 s 44,45; 1994 c 636 art 2 s 44; 1999 c 139 art 4 s 2; 2000 c 472 s 5-9; 2010 c 305 s 11; 2014 c 291 art 6 s 33; 2020 c 88 s 11
The Prosecution’s Burden: Elements of Sale of Tobacco to Persons Under Age 21
For the state to secure a conviction under Minnesota Statute 609.685, they must prove every element of the charge beyond a reasonable doubt. Even though the first violation is a petty misdemeanor, the prosecution cannot take shortcuts. Their failure to prove even one of these elements means the case against you falls apart. This is where a focused and aggressive defense can make all the difference, especially when navigating the local St. Louis County court system.
- Person 21 Years of Age or Older: The prosecution must prove that the individual who allegedly sold, gave, or furnished the tobacco product was, in fact, 21 years of age or older at the time of the transaction. This is typically straightforward to prove, but an attorney will ensure that the state has properly verified this aspect of the accusation.
- Sells, Gives, or Otherwise Furnishes: The state must demonstrate that a transaction occurred where you either sold the product, gave it away, or provided it by some other means. This element focuses on the act of transferring the product from your control to the minor. Whether it was a direct sale, a gift, or an indirect transfer, the prosecution must show this act of furnishing took place.
- Tobacco, Tobacco-Related Devices, or Electronic Delivery Devices: The prosecution must clearly identify the item furnished and prove that it falls under the statutory definitions of “tobacco,” “tobacco-related devices,” or “electronic delivery devices” as outlined in Subdivision 1 of the statute. These definitions are broad and include various forms of tobacco, pipes, papers, and electronic vaping products. An attorney will verify that the item in question genuinely fits these legal definitions.
- To a Person Under the Age of 21 Years: Crucially, the state must prove that the recipient of the product was under the age of 21 at the time of the alleged offense. This is often established through identification presented by the minor (if they used their real ID) or through law enforcement’s verification of the minor’s age. This element is central to the entire charge, and any doubt regarding the minor’s actual age is a critical point for the defense.
The Potential Outcome: Penalties for a Sale of Tobacco to Persons Under Age 21 Conviction
While the initial violation for selling tobacco to persons under age 21 is classified as a “petty misdemeanor,” it is critical to understand that the penalties can escalate significantly with subsequent offenses. This is not a charge to be taken lightly, as the consequences can extend beyond mere fines, especially for businesses and individuals in Duluth and the broader St. Louis County area.
First Violation: Petty Misdemeanor
For a first offense, the conviction is a petty misdemeanor.
- Fines: The primary penalty for a petty misdemeanor is a monetary fine. This amount can vary but is generally within the range prescribed for petty misdemeanors under Minnesota law. While it might seem like a minor financial burden, it’s still a formal penalty that accompanies a criminal conviction.
- No Jail Time (Generally): A petty misdemeanor typically does not carry the possibility of jail time. However, the absence of incarceration does not diminish the impact of a criminal record on your life and future opportunities.
Subsequent Violation Within Five Years: Misdemeanor
If you are convicted of violating this subdivision a second time within five years of a previous conviction, the charge escalates significantly to a misdemeanor.
- Increased Fines: Misdemeanor convictions carry higher potential fines than petty misdemeanors, potentially reaching up to a specified maximum amount.
- Potential Jail Time: Unlike a petty misdemeanor, a misdemeanor conviction can carry the possibility of up to 90 days in county jail. While jail time may not be imposed in every case, the threat is real and depends on the specific circumstances and your prior record.
- Criminal Record Impact: A misdemeanor conviction leaves a more serious mark on your criminal record compared to a petty misdemeanor, potentially leading to greater difficulties with employment, housing, and other aspects of your life.
The Battle Plan: Building Your Strategic Defense
An Accusation is Not a Conviction: The Fight Starts Now
Being accused of selling tobacco to someone underage, particularly in a community like Duluth where trust and reputation are paramount, can be a deeply unsettling experience. The initial shock gives way to a grinding anxiety about what this might mean for your job, your business, or your standing in the community. It’s vital to grasp this truth: an accusation is not a conviction. The state might have its case, often built on sting operations or the statements of minors, but their case is not infallible. This is not the time to concede; it is the moment to engage, to gather your strength, and to launch a proactive, strategic counter-offensive against the charges.
Your defense is not about passively hoping for leniency. It’s about meticulously dissecting every detail of the prosecution’s claim, from the age verification process to the actions of the alleged minor. Every piece of alleged evidence, every witness statement, and every procedural step taken by law enforcement in St. Louis County must be rigorously tested and challenged. The state has the burden to prove your guilt beyond a reasonable doubt, and that is a high standard. My role is to ensure they never meet it, to highlight every inconsistency, explore every alternative explanation, and relentlessly fight on your behalf, safeguarding your livelihood and your reputation.
How a Sale of Tobacco to Persons Under Age 21 Charge Can Be Challenged in Court
Despite appearing to be a straightforward charge, an accusation of selling tobacco to an underage person can be challenged effectively. The statute provides specific defenses, and a skilled criminal defense attorney can identify weaknesses in the prosecution’s case or prove an affirmative defense, especially when dealing with the intricacies of local enforcement in St. Louis County.
Affirmative Defense: Reasonable Good Faith Reliance on Proof of Age
Minnesota Statute 609.685, Subdivision 1a(b) provides a crucial affirmative defense: if you can prove by a preponderance of the evidence that you reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6. This means if the minor presented what appeared to be a valid ID showing they were 21 or older, and you genuinely believed it, you may not be guilty.
- Checking Valid ID: If you or your employee checked a driver’s license, state ID, or other valid form of identification that indicated the person was 21 or older, and the ID appeared genuine, this forms the core of this defense. Maintaining clear internal policies for ID verification is crucial.
- Good Faith Belief: This goes beyond just checking the ID. It requires demonstrating that you genuinely believed the ID was authentic and that the person was of legal age. This can be challenging if the ID was obviously altered or if the minor looked significantly younger.
- Documentation: Keeping records, if possible, of ID checks or specific training on age verification can bolster this defense. Testimony from employees about adherence to store policy is also critical.
Lack of Knowledge or Intent
While the statute doesn’t explicitly require “intent to violate the law,” it does implicitly rely on your awareness of the transaction. If you were unaware that tobacco products were being furnished, or if the individual was not actually a minor, these are areas of challenge.
- Third-Party Action: If an employee, who was not properly trained or supervised, made the sale without your direct knowledge or instruction, your personal culpability could be challenged. This shifts responsibility to the employee’s actions, which might not be directly attributable to you.
- Product Not Covered by Statute: The definitions of “tobacco,” “tobacco-related devices,” and “electronic delivery devices” are specific. If the item furnished does not strictly meet these definitions, the charge might not apply. This requires a detailed understanding of the statute’s language and the specific product.
Identity or Age Discrepancies
The prosecution must prove that it was you who furnished the product and that the recipient was, in fact, under 21. Any doubt on these elements can undermine their case.
- Mistaken Identity of Seller: In busy retail environments in Duluth or Cloquet, especially during peak hours, it’s possible for law enforcement or a minor to misidentify the specific individual who conducted the transaction. Your attorney would investigate employee schedules and witness accounts to challenge identification.
- Minor’s Actual Age: If there is any question about the minor’s actual age, or if their age was misrepresented through means other than a false ID that was reasonably relied upon (e.g., they lied about their age without presenting ID), this can create doubt for the prosecution.
Entrapment or Improper Sting Operations
Law enforcement often conducts sting operations to enforce these laws. While legal, sting operations must adhere to strict guidelines, and if those guidelines are violated, or if you were improperly induced to commit the crime, it could constitute entrapment.
- Inducement: Entrapment occurs if law enforcement or their agent (the minor) induced you to commit a crime you otherwise wouldn’t have committed. Simply providing an opportunity is not entrapment, but persistent badgering or creating an unusual situation might be.
- Violation of Sting Protocols: Many law enforcement agencies have internal protocols for conducting underage tobacco stings (e.g., how the minor must look, how they must behave, what they can say). If these protocols were violated, it could weaken the prosecution’s case.
Defense in Action: Scenarios in Northern Minnesota
Bemidji: The Convincing Fake ID
Sarah works at a convenience store in Bemidji. A young-looking individual attempts to buy a pack of cigarettes. Sarah, following store policy, asks for ID. The individual presents a very well-made fake ID that, to the untrained eye, appears legitimate and shows an age of 22. Sarah scans the ID, which passes the scan, and completes the sale. Later, it’s discovered the ID was fake, and Sarah is charged.
In this scenario, the defense would immediately pursue the Affirmative Defense: Reasonable Good Faith Reliance on Proof of Age. An attorney would gather evidence of Sarah’s training, the store’s ID verification procedures, and details about the quality of the fake ID. The argument would be that Sarah, acting reasonably and in good faith, relied on what appeared to be valid proof of age, fulfilling the requirements for this statutory defense.
Cloquet: The Employee’s Error
David owns a small grocery store in Cloquet. He has clearly communicated a strict “no sales to under 21” policy to all his employees and provides regular training on checking IDs. One busy Saturday, a new, inexperienced employee accidentally sells a vaping device to an underage customer without checking their ID. David is later charged with violating the statute.
Here, the defense would challenge the “sells, gives, or otherwise furnishes” element as it pertains to David’s direct action and would focus on Lack of Knowledge or Intent (Third-Party Action). An attorney would demonstrate that David had implemented robust policies and training, and that the sale was an isolated error by an employee, not a direct action or intentional furnishing by David himself. This aims to shift culpability to the individual employee, rather than the owner who had taken reasonable precautions.
Two Harbors: The Older-Looking Friend
Emily is at a friend’s house party in Two Harbors. Her friend, who is 20, asks Emily, who is 22, to buy a pack of cigarettes from a nearby store. Emily goes to the store, buys the cigarettes, and gives them to her friend outside. An undercover officer observes the exchange and charges Emily. Emily’s friend looks much older than 20 and has a full beard.
In this situation, the defense would argue Affirmative Defense: Reasonable Good Faith Reliance on Proof of Age (if Emily asked for ID and it appeared valid, or if her friend genuinely appeared to be over 21 such that no ID check seemed necessary) or Lack of Knowledge/Identity Discrepancies (Minor’s Actual Age). An attorney would emphasize the friend’s mature appearance, suggesting Emily had no reason to believe her friend was underage, and that the transaction was not a direct “sale” but a social furnishing where the age was reasonably believed to be legal.
Proctor: The Faulty Sting Operation
A sting operation is conducted at a convenience store in Proctor. The underage decoy, who is 19, approaches the counter wearing heavy makeup and a hat that partially obscures their face. They specifically ask for a “pack of Marlboros” without presenting an ID, and the clerk, rushed and distracted, completes the sale without asking for identification. The prosecution charges the clerk.
The defense here would explore Entrapment or Improper Sting Operations. An attorney would investigate the specific protocols for sting operations in Proctor and St. Louis County. They would argue that the decoy’s appearance and behavior were designed to mislead or induce a sale where a reasonable clerk, under pressure, might overlook an ID check, or that the lack of an ID request from the decoy violated internal law enforcement guidelines for fair sting operations. This would challenge the fairness and legality of the sting itself.
The Advocate: Why a Dedicated Duluth Defense Attorney is Essential
Countering the Resources of the State
Facing a charge of selling tobacco to persons under 21 means you are up against the organized and extensive resources of the State of Minnesota. This includes trained law enforcement officers who conduct sting operations, seasoned prosecuting attorneys who handle these cases regularly, and the administrative machinery designed to secure convictions. They have dedicated personnel, established procedures, and the weight of the law on their side. Attempting to navigate this system alone, particularly in the St. Louis County court system, can be overwhelming and lead to unintended negative consequences for your livelihood and reputation. A dedicated Duluth defense attorney acts as your vital counterforce, understanding their tactics, challenging their evidence, and ensuring their considerable resources do not unjustly impact your rights or your future.
Strategic Command of the St. Louis County Courts
Every court system, including those in St. Louis County, from the bustling halls of Duluth to the smaller courthouses in its surrounding communities, operates with its own unique rhythms, specific judicial preferences, and established protocols. An attorney who is truly effective goes beyond mere legal knowledge; they possess strategic command of the local legal landscape. This means being intimately familiar with the judges who preside over these types of cases, understanding the typical approaches and priorities of local prosecutors, and having the professional relationships that facilitate open communication and productive negotiations. This deep, localized insight into the St. Louis County courts allows for a more precise, efficient, and ultimately more successful defense, enabling your attorney to anticipate challenges and craft the most effective strategy for your specific case.
Fighting for Your Story, Not Just the Police Report
In the cold, clinical world of legal paperwork, an accusation of selling tobacco to a minor is often reduced to a brief police report and a citation. These documents rarely capture the full context of the situation, your perspective as a business owner or employee, or the human element involved. The state often relies on these bare facts to secure a conviction. However, you are more than a line item on a report; you have a story, circumstances, and a professional reputation that led to this moment. A dedicated defense attorney understands that effectively defending you means fighting to tell your story, meticulously uncovering the full truth behind the accusation. This involves independent investigation, gathering witness statements from employees, reviewing surveillance footage, and presenting a compelling narrative that challenges the state’s often narrow and one-sided interpretation, ensuring your voice is heard and your situation is fully understood.
An Unwavering Commitment to a Winning Result
Facing any criminal charge, even a petty misdemeanor for selling tobacco to a minor, brings with it a unique set of anxieties and the very real threat of a blemish on your criminal record and your business. What you need during this time is more than just legal advice; you need an unwavering commitment from your legal advocate to secure the best possible outcome. This means a relentless pursuit of every available defense, an aggressive challenge to every weak point in the prosecution’s case, and a steadfast dedication to protecting your future and your livelihood. From the moment you retain their services, a dedicated Duluth defense attorney is focused on one primary objective: achieving a winning result for you. This commitment translates into tireless advocacy, thorough preparation, and the willingness to pursue every avenue to ensure your rights are protected and your record remains clean.
Your Questions Answered
What does “furnish” mean in this law?
“Furnish” in this law means to supply, provide, or give tobacco, tobacco-related devices, or electronic delivery devices to someone. It’s broader than just “selling” and can include simply handing over the product without a monetary exchange.
What is the legal age for tobacco and vaping products in Minnesota?
In Minnesota, the legal age to purchase or possess tobacco, tobacco-related devices, and electronic delivery devices is 21 years old. This is a statewide age requirement.
Is this law just about cigarettes, or does it include other products?
The law is very broad. It includes cigarettes, cigars, chewing tobacco, snuff, and also “tobacco-related devices” like pipes and papers, and “electronic delivery devices” such as vape pens, e-cigarettes, and their components.
What is the penalty for a first violation of this law?
For a first violation, selling tobacco to someone under 21 is a petty misdemeanor. This typically results in a monetary fine, but does not usually involve jail time. However, it still results in a criminal record.
What happens if I violate this law a second time?
If you violate this law a subsequent time within five years of a previous conviction, the charge escalates to a misdemeanor. This can result in higher fines and potential jail time of up to 90 days.
What is the “good faith reliance” defense?
This is a specific affirmative defense in Minnesota law. It means if you can prove you reasonably and in good faith relied on a valid form of identification (like a driver’s license) that showed the person was 21 or older, you may not be guilty.
Do I need to check ID for every tobacco sale?
To protect yourself and your business, it is strongly advised to check a valid, government-issued ID for every single tobacco or electronic delivery device sale, regardless of how old the person appears.
What if I was charged because of a sting operation?
Sting operations are common. Your attorney will review the details of the sting, including the conduct of the underage decoy and the police protocols, to determine if any violations occurred that could lead to a defense.
Can an employee’s mistake lead to a charge against me, the owner?
Yes, as the owner, you can be held responsible for the actions of your employees. However, having clear policies, providing training, and demonstrating that the sale was an isolated employee error can be part of your defense.
Will this charge affect my ability to get or keep a business license?
A conviction, especially for a misdemeanor, can impact your ability to obtain or renew certain business licenses. It can also lead to administrative actions or fines from licensing authorities beyond court penalties.
Should I talk to law enforcement if they accuse me of this?
No. You have the right to remain silent, and you should exercise it. Politely state that you wish to speak with an attorney before answering any questions or providing any statements.
How long does this charge stay on my criminal record?
A conviction for selling tobacco to a minor will remain on your criminal record indefinitely unless it is successfully expunged. Expungement is a legal process to seal or remove the record from public view.
What type of identification is acceptable for age verification?
Acceptable forms of identification typically include a valid driver’s license, state identification card, military ID, or passport. These should be government-issued and contain a photograph and birthdate.
Can minors face penalties for attempting to purchase tobacco?
Yes, under Minnesota Statute 609.685, Subdivision 2a, minors who use false identification to purchase or attempt to purchase tobacco are subject to alternative civil penalties, which cannot include fines or monetary penalties.
What if my store is located in a smaller town like Two Harbors or Proctor?
The law applies statewide in Minnesota, including all communities in St. Louis County. Local law enforcement in smaller towns like Two Harbors or Proctor also conduct enforcement, and the consequences and need for defense are just as real.