TEEN COUNCIL: NO SMOKES FOR MINORS

A proposed ordinance for the city of Cape Girardeau would make it illegal for minors to possess tobacco and would set up a graduated system of license suspensions for businesses that sell tobacco to minors.

The city's Youth Advisory Council voted Friday to recommend the City Council approve the ordinance.

The provision making it illegal for minors to possess tobacco or tobacco products was also approved Friday.

Police Chief Rick Hetzel suggested the addition, pointing out that it's hard to enforce an ordinance that prohibits selling or distributing a substance if possessing the substance is legal.

"I feel that if you're going to have any significant impact, that's an issue you're going to have to address," Hetzel told the advisory council.

Enforcing the ordinance without the possession clause would be "extremely difficult," he said.

Current laws prohibit businesses from selling tobacco and tobacco products to people under 18, and the police enforce those laws through "sting" operations on local businesses, Hetzel said.

In September 1996, the City Council rejected a proposed ordinance that would have made it illegal for anyone under 18 to purchase or attempt to purchase, possess or receive any tobacco product.

Mayor Al Spradling III said at the time that he was against the proposal because it amounted to too much regulation and enforcing it would be a burden on police and juvenile authorities.

Hetzel said Friday he's always felt that other agencies, such as the health department, should be involved in enforcement of such ordinances.

"If the council decides that they are going to pass this issue, than what we will do is look at our enforcement capabilities and make a decision based on our manpower," he said.

Penalties for minors found in possession of tobacco would be determined by the municipal court or juvenile authorities, said city attorney Eric Cunningham.

Hetzel pointed out to the advisory council -- all teen-agers -- that their decision might not make them too popular with their friends.

Ben Edwards, 18, the council's unofficial chair, agreed.

"But for me, I have a 10-year-old sister and when I think of someone her or age or maybe a little bit older or a little bit younger having tobacco, that send chills down my spine," he said.

The proposal also includes a provision for suspending a business' tobacco license for graduated periods from seven to 120 days for up to four tobacco sales violations within two years.

For a fifth violation within two years, a business' tobacco license could be revoked.

The proposal -- without the possession clause -- was first presented to the City Council at its annual retreat in April.

Councilman Melvin Gateley said no action was taken on it.

"There wasn't any problem with it," Gateley said, adding there was no time for council members to act on the proposal.

The Youth Advisory Council has been working on it "up to this point" in cooperation with Missouri ASSIST, a federally-funded program aimed at curbing tobacco use, he said.

"I definitely agree with the students on trying to curtail anyone smoking," Gateley said.