Teenage undercover workers have been buying cigarettes in a sting operation run by the Davis County Health Department for several years. But the Board of Health members aren't sure they want to expand that into buying beer.
The board told department director Dr. E. Arnold Isaacson on Tuesday to go slowly on the idea and bring it up for discussion again before going ahead.Board member Greg Sanders said he's not sure conducting undercover operations against stores that illegally sell beer to minors is a proper role for the county health department.
There are state and federal laws and enforcement procedures in place for that purpose, said Sanders, adding that as an attorney he is also concerned about possible liability in sting operations.
Kevin Condra, the health department employee who runs the tobacco sting operation, said the department didn't volunteered for the job. Some police departments in small cities in the county's north end inquired about expanding the tobacco sting operation to include alcohol because they don't have the manpower to do it themselves, Condra said, and they know the county already has a pool of trained underage agents.
Sanders pointed out the county, which recruits and trains the teenage volunteers in tobacco sting procedures, also has limited resources.
Tobacco sales violations are increasing, Sanders said, adding that with the department's limited resources it might be better to concentrate them on the tobacco problem rather than expanding into alcohol enforcement.
Plus, Sanders said, he's not sure that enforcing state laws on alcohol sales is a proper role for the county health department.
"I feel negative on it. We have limited resources ourselves, and I see potential liabilities," Sanders said. "I feel we should concentrate on tobacco compliance with our limited resources, and the number of violations is on the increase.
"The other thing is, where will this end?" Sanders asked. "Will we go from there into drug buys? There are a lot of other areas that you could go into under the guise of it being a health issue."
Isaacson said he and Condra met with state alcohol enforcement officials to discuss the issue and have a March 13 meeting with Jerry Hess, the deputy county attorney who handles civil matters, to discuss further the county's role and potential liability.
"We're in a `go slow' mode on it now, and if the board feels negative about it, we can back off completely," Isaacson said.
Sanders said violations of law involving beer and alcohol sales are more serious than tobacco violations. It can lead to criminal prosecutions and loss of a store's license, Sanders said, which could involve the county in a lawsuit.
Alcohol bought illegally would also have to be handled as evidence, he said, which could further complicate the health department's role.
Condra acknowledged those problems and said he still views his role as primarily one of education, not enforcement, but added the two biggest substance-abuse problems among young persons in the county involve tobacco and alcohol.