4/7/2016 BOARD OF HEALTH Minutes

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NEW BUSINESS 1. Sign Expense Warrants. The Board members signed the expense warrants. 2. Review/Approve BOH Public Session Minutes: March 31, 2016. Lucy Burton made a motion that the Board of Health approve the Public Session minutes of March 31, 2016, as amended. Kalliope Egloff seconded the motion. The motion was unanimously approved. 3. Bryan Anderson— Tobacco Sales Violation —Andy's Market. Glen Harrington stated that on February 16, 2016, the Cape Cod Regional Tobacco Control Program performed a compliance check at Andy's Market and other Mashpee tobacco retailers. Andy's Market failed the compliance check by selling tobacco products to a minor. This is the second offense within 48 months, so a fine of$200.00 and a seven consecutive business day suspension is the penalty for the violation. The first offense occurred on March 30, 2014. The fine for that was not paid, but it was at the request of Mr. Harrington because there were questions concerning the compliance check. The questions were: "Was the purchaser asked for an IDT' And the next question: "Was this an ID based check?"The box selected was "No." The reason is that the purchasers do not go into the store with an ID. The clerk may have asked for an ID, but no ID was presented. The question has been answered, and in no way did the Board absolve Andy's Market of the violation. The seven day suspension has been written into the regulation, and notice was given to the permitted establishment. Bryan Anderson, owner of Andy's Market, introduced himself to the Board. Mr. Anderson commented that he hires a company to perform their own tobacco sting twice a month. If during an employee's 6-month probationary period a tobacco sale is made to a minor, that employee is fired. Mr. Anderson felt that he is being singled out by the Tobacco Control Program, Kalliope Egloff closed the public comment portion of the meeting and researched the Tobacco Control Program website and read the following: "Under the direction of Robert Collette, the Cape Cod Regional Tobacco Control Program is supported through a State grant administered by Barnstable County Department of Health and Environment. The grant enables staff members of Barnstable County Health and Environment to provide collaborative member towns, including Cape Cod's 15 towns, the Islands and Wareham, with education and enforcement services to assure compliance with state and local regulations. The regulations pertain to youth's access to tobacco products and smoking in indoor public areas and workplaces. The Program's education efforts include two annual visits to tobacco merchants in all twenty-seven communities within the service area and assisting local Boards of Health with promulgation and implementation of tobacco control regulations." Lucy Burton stated that in her opinion she does not see any evidence that this particular retailer is treated any differently than anyone else. The Board has seen tobacco violations from at least three other retailers in town including a second offense. Ms. Burton recommended that the regulation be followed. This is a second offense with a $200 fine and a seven day loss of license. The Board and Mr. Harrington discussed the tobacco control form and perhaps revising the form to meet the needs of each individual town. The Board would like a discussion with the general public on Tobacco 21 and the possibility of leveraging a fine against the person making the sale in conjunction with the business owner. The Board also discussed the 7-day suspension and the cost involved for the retailer. Ms. Egloff suggested a minimum of a 2-day suspension but not more than 5 days. Mr. Harrington commented that the regulation states a 7-day suspension, and reminded the Board that they do not like setting precedent. 2