MANKATO — In May, the Mankato City Council declined to ban flavored nicotine products or impose a moratorium on new tobacco licenses.
But council members promised Nicotine Free Greater Mankato, the group calling for those measures, that the city would step up enforcement efforts against retailers selling nicotine to underage buyers and impose stiff penalties for those who failed the compliance checks.
Turns out, they weren’t blowing smoke.
A pair of tobacco sellers will see their licenses suspended for 14 days starting Jan. 1 after both were caught multiple times in sting operations conducted over the summer and fall. Each must also pay a $1,000 penalty and will see their license permanently revoked if they fail even one more check before the summer of 2028.
The length of the suspensions is double the seven days required by state law.
“I think we need to set a precedence,” Mayor Najwa Massad said, an opinion the rest of the seven-member council shared.
Mankato police began the more frequent compliance checks, which involve underage buyers carrying an ID that accurately reflects that they are younger than 21, almost immediately after the May meeting between the council and Nicotine Free Greater Mankato.
The Marathon convenience store, 729 N. Riverfront Drive, sold nicotine-containing products to an underage buyer on June 26, according to City Clerk Renae Kopischke. A financial penalty was imposed, and the retailer operating the store — Shaheen LLC — was warned that another check would occur within six months. The business again sold to a minor on Oct. 13, paid a penalty and was told that a subsequent compliance check would happen in less than three months. On Nov. 20, it was the same result, Kopischke said.
At Oz Tobacco Shop, 201 N. Victory Drive, the failed compliance checks came in even more rapid succession — on Aug. 24, Nov. 3 and Nov. 20.
State law requires the $1,000 fine and seven-day suspension for a third violation within 36 months. Oz Tobacco hit the mark in three months and Marathon in five, which was one of the reasons Council member Jessica Hatanpa agreed with a doubling of the suspension.
“The 14 days seems very appropriate with the amount of time and the seriousness in which we said we were going to take this,” Hatanpa said. “… We promised the community.”
Council member Kevin Mettler felt the same.
“You’re looking at such a short amount of time,” Mettler said. “… And the council took a pretty hard point on it. I think we need to stand behind that. Stand behind our words.”
Hatanpa said the repeated violations are evidence that the businesses weren’t hearing the message that underage sales are unacceptable.
“I would take it very seriously if I had one (violation), knew that they were coming back. And then you had a second. And then you had a third. And we just don’t seem to be getting it,” she said. “… Get on board or don’t have a license.”
The discussion about how severe a penalty to impose came in part because Mankato doesn’t have experience punishing tobacco sellers with multiple violations. The city previously conducted only annual compliance checks, and those who failed typically received just a warning from police, along with education about the law. That made it unlikely that a trio of violations would be racked up by a single shop in less than 36 months — the threshold for a council review.
“This is the first one I’ve ever seen come before the council, to be quite honest. I’ve been here for 32 years,” Kopischke said. “… The enforcement is occurring more frequently. That’s why you’re seeing it.”
Leaders of Nicotine Free Greater Mankato are pleased about the increasing number of stings, but they also told The Free Press that they’re not giving up on persuading the city to enact a comprehensive ban on flavored tobacco and vaping products.
“We commend the Mankato City Council for taking steps to increase fines and suspend licenses for retailers who break tobacco laws,” said Mary Kramer, an associate professor of Health Science at Minnesota State University. “But enforcement alone won’t stop the problem. Evidence from seven states and over 400 U.S. cities shows that the most effective way to protect youth is to remove flavored tobacco products from the market. Every day we wait, more kids get hooked on products designed to addict them for life.
Dr. Katie Smentek, a Mankato Clinic pediatrician, said restricting access to flavors targeted at young people is the best route to ensuring they have a healthier future.
“I’m thankful the City Council and our community are taking steps to protect kids,” Smentek said. “Nicotine changes how a young brain develops — it can affect memory, learning and mood for life. Flavored tobacco products make it easy for kids to start because they look fun and taste sweet.”
Messages left by The Free Press seeking comment from Marathon, Saheen LLC and Oz Tobacco were not returned as of Saturday afternoon. Marathon sells food and fuel as well as tobacco products and will likely continue operating during the license suspension, but that might be more difficult for Oz Tobacco, which is located inside of what was once known as the Belle Mar Mall, adjacent to the MGM Liquor store.
A tobacco license is required for much of what is sold in smoke shops. Under City Code, “licensed products” include any “tobacco, tobacco-related device, electronic delivery device, or nicotine or lobelia delivery product.” And the definition of “electronic delivery device” goes beyond tobacco-derived and nicotine-containing products to include “any other substances, whether natural or synthetic, intended for human consumption through inhalation of aerosol or vapor from the product.”