Morgan Fischer
Audio By Carbonatix
The vape shop busted by Attorney General Kris Mayes’ undercover teens must pay $460,000 for selling to underage buyers, court documents show.
In July, Mayes sued Pro Source Shops, which has locations in Scottsdale and Glendale, for regularly violating the Arizona Consumer Fraud Act by selling nicotine and tobacco products to consumers younger than 18. At the time of the lawsuit, shoppers had to be at least 18 to purchase a vape in a smoke shop. In September, that age limit increased to 21 or older to match federal law.
On Dec. 9, a consent judgment signed by the two parties was filed in Maricopa County Superior Court. The judgment ends Mayes’ lawsuit against Pro Source, but doesn’t find them liable or guilty of any wrongdoing. But it doesn’t mean the smoke shops and their owner, Timothy Kell, get off scot-free.
The judgment includes a hefty fine and requires the implementation of reforms to prevent the company from selling tobacco and nicotine products to teenagers. The company has already paid $20,000 in fines to cover attorneys’ fees and restitution, according to court documents. Neither Kell nor his attorney immediately responded to a request for comment from Phoenix New Times.
“This judgment is about protecting kids and holding retailers accountable when they fail to follow the law,” Mayes said in a press release. “Retailers that sell these products have a legal and moral responsibility to make sure they are not putting Arizona’s youth at risk.”
Starting on Dec. 31, the shops were required to adopt strict age-verification policies, including hiring only people 21 or older and using an electronic scanner to verify IDs at points of sale, according to court documents. After hiring new employees, the company has 30 days to provide hirees with comprehensive training on Arizona’s laws and regulations surrounding the sale of these products. Employees will be required to pass a test to ensure their compliance with the company’s policies.
Additionally, the company can’t advertise tobacco or nicotine products outside the store or offer free samples.
In early December, the company was required to post signs at every entrance stating the 21-and-older law and clearly indicating that anyone appearing to be under 40 years old will be asked for identification when purchasing tobacco or nicotine products, according to court documents. The company also can’t sell nicotine paraphernalia to anyone under 21, single cigarettes, flavored cigarillos or products that resemble candy, toys or school supplies that could appeal to children.
The consent judgment will be in effect until November 2031. Until then, the shop appointed Kell as its compliance officer. He is to conduct monthly, unannounced compliance checks, which will be reported directly to the Attorney General’s Office. An independent entity will also conduct compliance checks. If a store fails a check, the compliance officer will conduct another check 14 days later. If the stores maintain a 90% compliance rate for 18 consecutive months, they may be able to reduce the number of required checks.
But Pro Source Vapes wouldn’t have needed to make these changes if it weren’t for Mayes’ small army of volunteer baby narcs. The company got into trouble after underage volunteers with the Attorney General’s Office’s tobacco Counter Strike program purchased tobacco and nicotine products in Pro Source despite not having proper ID.
The nearly 100 kid cops that work with the Attorney General’s Office also busted New York Smoke Shop in Chandler for selling to kids. Mayes sued that shop as well, but that lawsuit is ongoing.
