Whitehorse Daily Star

Hotel guilty of selling smokes to a minor

Don't expect to pick up a pack of smokes at the Westmark Whitehorse Hotel gift shop for much longer.

By Whitehorse Star on February 20, 2006

Don't expect to pick up a pack of smokes at the Westmark Whitehorse Hotel gift shop for much longer.

In court last week, facing a charge of breaking the federal Tobacco Act for selling cigarettes to a minor, the Westmark entered a guilty plea.

Court was also informed that after it sold out its stock of cigarettes, the hotel will no longer sell the product.

The court heard that on Aug. 25, 2005, a 16-year-old test shopper was sent into the store to buy cigarettes. The clerk didn't inquire about the teenager's age and sold her the cigarettes.

Defence counsel Tracy McPhee agreed with Crown counsel Kevin Drolet's submission of a $500-fine and an order that the Westmark Whitehorse publish a notice of the offence and acknowledge that smoking is dangerous and can kill. She suggested Justice of the Peace Dean Cameron could consider a lesser fine, given the circumstances.

She said the hotel has been 'hyper-vigilant' in dealing with the matter. This marked the hotel's first appearance in court and the first opportunity to enter a guilty plea.

There have been a number of test shoppers sent to the gift shop before with no charges having been laid.

Cameron imposed the full $500-fine and the publication order in each of the local newspapers.

The Westmark isn't the only business in town facing charges around the tobacco act.

Cameron also ordered Northern Hempisphere to pay a $500-fine and put a similar publication order on the business after a young shopper was able to purchase two packages of Juicy Jay rolling papers at the downtown shop.

The same charge against store owner Jort Brouwer was stayed.

Other businesses are facing the charge as well.

Palomar Evans Ltd. pled not guilty to the charge.

Finally, Bernie's Race Trac is scheduled to enter a plea in court on March 8 for an incident dating back to last Oct. 30.

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