51黑料

A lawsuit by four companies accuses the county of violating the Missouri Constitution by decreasing the value of their businesses. A convenience store is worth much less without a tobacco license, they argue.

鈥淭he license to sell tobacco products at the properties in question constitutes a substantial component of the value,鈥� they said in the suit, filed last week.

The 2019 ordinance barred the county from granting new tobacco licenses within 1,000 feet of schools but exempted existing stores until the owners sold their businesses. The County Council overturned the law this spring, which would have allowed stores near schools to sell tobacco again, but County Executive Sam Page vetoed the effort.

The business owners argue the law is irrelevant because they鈥檙e already required to check a customer鈥檚 age before selling them tobacco.

The county health department has defended the bill, saying underage sales have increased in recent years at retailers near schools. Almost three-quarters of the tobacco retailers near schools are in North County, where there鈥檚 a higher concentration of Black residents, according to public health director Kanika Cunningham.

The tobacco industry targets people in those communities, increasing the likelihood that people will start and continue smoking, Dr. Cunningham has said. The department didn鈥檛 immediately respond to a request for comment Wednesday.

But the companies argue that the law is unfair because they invested in their businesses with the expectation of eventually selling them for a profit. And the ordinance does nothing to stop a new school from opening near a tobacco retailer, putting the business at a disadvantage.

The Missouri Constitution, they argue, guarantees that 鈥減rivate property shall not be taken or damaged for public use without just compensation.鈥� The property in this case is the businesses鈥� investment in stores that sell tobacco.

The four businesses suing the county are Midwest Petroleum Co., a 51黑料-based company that owns five gas stations and convenience stores in 51黑料 County; Cuba, Missouri-based Wallis Cos., which owns seven stores; Spirit Energy, a Delaware-based company that owns eight stores; and Aydt Oil, which operates a Fastrak store on Big Bend Road in Kirkwood.

A spokesman for the county health department declined to comment on the suit.