City leaders found out that penalties for vape shops that sell to persons under 21 have no teeth as the maximum fine for offenders is $50.

The discovery came after the Tullahoma Police Department and Coffee County Sheriff’s Department conducted an undercover compliance operation after publically warning vape shops that they would be doing so. One of the places caught was Stars Vape & Tobacco on East Lincoln Street. They are accused of selling a vape to an undercover agent who was under the age of 21. Their case was brought before the Tullahoma Beer Board this past meeting.

“It would be wise for you to broaden your option,” suggested City Attorney Brittany Hoskins in revealing the lack of stiff punishment for offending the local code, noting it could not be used retroactively to the Stars case. She pointed out there are avenues to suspend beer licenses and levy fines but those same avenues do not exist for vape store violations.

“This doesn’t have any teeth to it,” City Administrator Jeff Damron admitted, noting he would like to bring a more severe punishment before the board next meeting for consideration to tighten the local code. “It is a privilege to sell beer in Tullahoma, not a right and I think we could tie the vape ordinance back to the beer license.”

“I think the penalties for vapes should be the same as the beer penalties where we could suspend their license to sell vapes,” Alderman Kurt Glick suggested.

Damron pointed out that the civil cases against owners and criminal cases against clerks who sell beer or vapes to those under 21 are separate things. He noted that clerks usually get a slap on the hand and are fined about $100 and get a job somewhere else.

After determining the board of mayor and aldermen will meet in the future to toughen penalties on vape shops, a hearing was held on the Stars and Vapes violation. An investigating officer revealed lawmen had received numerous complaints about local vape shops but that Stars and Vapes accounted for 80% of those complaints. He noted parties had been broken up with children under 18 where it was found that the beer at the party was bought at Stars and Vapes.

“Kids at the high school I’ve spoken with, that’s where they go,” the Lt. Malloy of the Tullahoma Police Department testified, noting the agents sent into the shops were 17 years old and did not even look that old. “The good news is we hit 12 places in Tullahoma and the only offender was Stars and Vapes.”

The lieutenant noted that the underage agents were wearing bugs when they went in to make their purchases and that police were stationed nearby.

The owner of Stars and Vapes testified through an interpreter that he gave strict instructions to his employee not to sell to minors.

“I did not know he was selling to minors,” the owner said. “If I had known this, I would have fired him.”

The owner was fined the maximum $50 for the violation with the board voting unanimously to assess the max fine.

The mayor issued a warning to the owner after assessing the fine. “As owner or manager you are responsible for making sure that does not occur,” the mayor said. Period. No excuses.”

The mayor added that next time the penalty will be much greater and given the number of complaints against his store, a future violation will lead to a much tougher punishment.

“We will punish you to the fullest extent of the law possible if I see you here again,” the mayor vowed.