Richard Guénard: Mandatory Carding Pioneer

Convenience store owners who are prosecuted for selling tobacco to minors often go through a very difficult time emotionally. To some at least, it can affect them deeply.

The long duration of the proceedings means that it may take one to two years before a case is heard. The required preparation demands a lot of work and in most cases, the hiring and assistance of a lawyer.

But the bulk of the stress lies in the outcome uncertainty. All alone in this predicament, one can feel abandoned. The tendancy to overthink the issue and constantly confronting arguments in his mind can be very strong and become unbearable for many.

Richard Guénard went through it all once and it was once too many. He then decided that he will no longer be caught in such a situation again.

“I can’t afford to be suspended”

If you pass by Roberval, you will find on Lévesque street a friendly and unpretentious depanneur named Chez Ricky, right in the heart of Quebec Prime Minister Philippe Couillard’s riding. By stopping there, you will no doubt see Richard Guénard busy behind his counter, with his employee, working at different things or placing orders at a constantly hectic pace. Indeed, lots of customers are visiting his convenience store on a daily basis!

Always playful, active and on the move, Richard is an independent owner affiliated with Groupe Saga‘s Sagamie banner. His convenience store is among the smallest one can find, less than 2,000 square feet of space, but still very busy. Its main seller is tobacco. A majority of 60% of its revenues come from this product category for which he adopted an aggressive pricing strategy that brings him superior volume.

The strategic importance of this category means that should Richard be suspended from selling tobacco, even for a month, that could certainly put his livelihood in jeopardy. For who can predict, after a month of suspension, if customers will return, not to mention the lack of income throughout this period!

The fear of his life

However, in early 2014, Richard was stunned. He received an offense notice for a sale to minors made by his employee. At the time, a first offense automatically meant a one-month tobacco sale ban. The stake was so important to him that he decided naturally to plead not guilty.

In this type of case in general, the evidence is admitted from the outset by both parties. The defense’s challenge is not about contradicting evidence, but demonstrating beyond a reasonable doubt that the employer has exercised “due diligence” in doing all that is humanly possible to prevent a tobacco sale to a minor.

To defend himself, a c-store owner must be able to convincingly demonstrate the court that all the preventive measures possible have been used, including employee training and supervision. Fortunately, he had, before the incident, documented a pledge by his employee to the effect that she had correctly understood the rules governing the sale to minors and that she will always ask for identity cards in case of doubt and not sell tobacco to minors.

On the day of the case hearing, Richard’s lawyer showed his defense documents to the public prosecutor who decided, on the spot, that it was convincing enough. Therefore all charges were dropped!

“Fortunately, I contested and won. However, I had to endure the ordeal of waiting almost a year before the case was settled. During this long period, I have been obsessed by the prosecution. All along, I risked losing the right to sell tobacco for a month. It’s huge for a business like mine”, said Richard Guénard.

Mandatory carding or nothing

Richard learned his lesson the hard way and decided that from now on, he would do things differently.

When it comes to preventing tobacco sale to minors, the owners’ challenge is having to rely on their employees’ best judgment. Deciding to take the bull by the horns, Richard removed that uncertainty from the equation: he adopted a clear directive that all tobacco customers will have to show ID, regardless of their age appearance or whether they are known or not. Therefore, his employee had no room for error: Everybody now has to show ID, period.

To leave nothing to chance, Richard acquired an automated carding system developed by Sagamie. Installed in the cash register, this system detects whether a tobacco product is part of a transaction and, if so, requires the entry of a date of birth in the system to assess the majority of the customer and finalize the transaction. Thus, it becomes impossible to inadvertently sell tobacco among other items without asking for an ID.

Thus fully equipped, Richard implemented his new policy with much determination and not without a certain resistance from his loyal clientele. Although he may have lost a few clients, the vast majority kept loyal, sympathizing for Richard and the situation he’s in as a tobacco retailer. Some are even happy, often with a smile, to prove their majority by showing their ID times after times, which is quite flattering to older customers.

Taking action on Richard’s behalf, the Quebec Convenience Stores Association (QCSA) launched a local campaign to promote mandatory carding in Roberval in the fall of 2015 in which all retailers embarked.

“Today I sleep on both ears. Whether I’m inspected or not, I’m 100% confident. I know this approach may sound a bit radical, but it takes what it takes. In my case, it suits me perfectly”, said Richard.

Without going as far as Chez Ricky, retailers in general have no choice but to move in that direction. With fines for sellling tobacco to minors that can now reach up to $ 125,000 for a second offense, the margin of error has become as thin as an onion skin. And the payoff is huge in terms of peace of mind! Talk to Richard.

 

Credits: Louis Jacob, photo and Laura Lévesque, Le Quotidien, for quotes.