12/01/2016 BOARD OF HEALTH Minutes

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Town of Mashpee w a 16 Great Neck Road North R^sAuCCGo-�� Mashpee, Massachusetts 02649 BOARD OF HEALTH - PUBLIC SESSION Minutes of the Meeting of December 1, 2016 Board Members Present: Also Present: Kalliope Egloff, Chair Glen Harrington, Health Agent Lucy Burton, Co-Chair Brian Baumgaertel, Clerk Chair Kalliope Egloff called the meeting to order at 7:01 PM. APPOINTMENTS 7:15 PM —Third Tobacco Violation —548 Falmouth Road —Alltown Mashpee Mobil. Glen Harrington stated that Alltown Mobil sold tobacco to a minor for the third time in a 48-month period. The order letter was sent with a $300 fine and notification for the suspension hearing. The fine was paid on November 14, 2016. The Board may issue up to a 30-day suspension for the third offense. Mashpee has not had a third offender for this regulation so there is no precedent. The Barn had three violations back in 2006 prior to the Board adopting the newer penalty schedule. A one-year probationary period was used at that time. Glen Carroll, Regional Manager for the Global Montello Group, introduced himself to the Board. Mr. Carroll commented that Global Montello Group is not denying that tobacco was sold to a minor. The employee that made the sale attended three tobacco training classes on October 11, 2016, and the certificates of completion were presented to the Board. This employee was able to override the birth date at the cash register. The Board and Mr. Harrington discussed the suspension period and the three violations that occurred within a short amount of time. Lucy Burton made a motion that the Board of Health suspend the Tobacco Sales Permit for Alltown Mashpee Mobil, 548 Falmouth Road, fora period of 30 days beginning on January 2, 2017. Brian Baumgaertel seconded the motion. The motion was unanimously approved. 7:20 PM —Tobacco Violation -- 19 Commercial Street--South Cape Wine & Spirits. Barbara Rymsha, owner of South Cape Wine and Spirits, 19 Commercial Street, introduced herself to the Board. Glen Harrington commented that this is the second tobacco offense for South Cape Wine and Spirits. The first offense was April 12, 2013. The fine of$200 was paid on November 7, 2016, and the second offense also carries up to a 7-day suspension of the Tobacco Sales Permit. The previous two offenders had been given a 5- day suspension. Ms. Rymsha remarked that she apologizes for the sale of tobacco to a minor. Ms. Rymsha has the employees request identification and check the birth date prior to the sale. The employee was not terminated because it would create a hardship. Ms. Rymsha informed all employees that if this happens again termination will occur. 1