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Brian Baumgaertel made a motion that the Board of Health approve the 2016 Tobacco Sales Permit for MJRE, <br /> LLC, doing business as Soprano's Ristorante, located at 681 Falmouth Road with the condition of a passing <br /> pre-operation inspection by the Health Agent. Lucy Burton seconded the motion with the comment that she <br /> does not support this trend. The motion was unanimously approved. <br /> 7. Request for Reduction of Temporary Food Permit Fee: BBQ Mike's Catering. <br /> Glen Harrington commented that in order to get more vendors for the Food Truck Fridays, the Recreation <br /> Department has asked BBQ Mike's Catering (Mike and Christine Conrod), which is a caterer and not a mobile <br /> truck, to participate. Their commissary is the Gateway Christian Center in Cotuit. Mr. Harrington recommended <br /> that a one-time $100 catering fee for the calendar year be approved since they are working from a licensed <br /> facility with the condition that all of the requirements of the temporary food regulations and guidance for each <br /> event are met. $100 is the permit fee for the mobile food vendors that participate at all of the local events. <br /> Lucy Burton made a motion that the Board of Health approve the 2016 Catering License for BBQ Mike's <br /> Catering for a one-time catering fee of$100 for the calendar year with the conditions of a pre-operation <br /> inspection by the Health Agent. Brian Baumgaertel seconded the motion. The motion was unanimously <br /> approved. <br /> 8. Amendment to Tobacco Sales Regulation: Board of Health. <br /> Glen Harrington stated that at the last meeting the Board heard comments from several retailers in Town and <br /> their suspected loss of business due to the raising of the minimum tobacco sales age to 21. The Board <br /> countered with the life safety issue of the 18 to 20 year old population. <br /> Mr. Harrington forwarded the draft changes to the existing regulation with the comments on the changes to the <br /> Board. He tried to explain each change and its justification. He also included a comment regarding an <br /> exemption for point of sale, third-party enforcement or training programs. Mr. Harrington does not believe such <br /> an exemption should be given. The responsibility should be on the permit holder. At the last meeting Alltown <br /> Mashpee's representative explained the point of sale computer verification process. <br /> Should the Board approve the amendments, the next decision is the date it becomes effective. The Falmouth <br /> Board of Health delayed the approval to allow the retailers to react to the changes. Mr. Harrington agrees that <br /> some time should be given because any high school age employee less than 18 years old will no longer be <br /> allowed to sell tobacco products. The existing state required signs will also need to be changed from 18 to 21. <br /> The Board discussed the possibility of the employee wearing a name tag to identify themselves. However, <br /> teenagers have a tendency to forget their name tags or lose them and perhaps borrow one from a friend. It <br /> would be difficult to enforce and to be effective. <br /> Steve Rafferty, a member of the Falmouth Board of Health, introduced himself to the Board. Mr. Rafferty <br /> commented that Falmouth's Tobacco Regulation is a bit different than Mashpee's. The age limit for tobacco <br /> sale was not raised from 16 to 18 years of age. The employer must have the employee properly trained and <br /> understand the law. Anyone selling tobacco must request proof of age of anyone under 27 years of age. The <br /> person making the sale and the permit holder are held at fault if a sale is made to an under-age individual. Mr. <br /> Rafferty explained that the Falmouth Tobacco Regulation states that the employee must read the regulation <br /> and state laws regarding the sale of tobacco and then sign a statement with a copy on file in the office of their <br /> employment. <br /> Lucy Burton commented on two items of the revised tobacco regulation: <br /> • The Board inadvertently changed the violation suspension at the last meeting, it should now be written <br /> as, "up to 5 days at the Board's discretion" in Section J. Violations: #1 b; and <br /> • The language should read, "up to 30 days at the Board's discretion" in Section J. Violations: #1c. <br /> Kalliope Egloff's recommendations on the revised tobacco regulation are: <br /> 4 <br />