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p# <br /> t <br /> r <br /> F <br /> L ` <br /> are a smoking bar or not. Their intent that the board was looking at <br /> tonight was that by using Barnstable as a model, they did allow this by <br /> calling thein a pre-existing smoking bar so that they were exempted,, so <br /> that ultimately there would be no new facilities like this. But, alloyed <br /> them as an exemption. Barnstable may have granted them a variance. It <br /> was up to the board as to how they approach this issue. Those were his <br /> recommendations, If the board did allow it. He would recommend that it <br /> include the inability to prepare and/or sell any food because retail is <br /> included in our prohibition for it. This would include supermarkets. <br /> Whether you sell olives or a million dollars a day worth of foods It was <br /> considered a retail establishment. If anything the olives would have to go. <br /> Those were his comments. <br /> E Mr, Stanton interjected that just from his point and not to argue with Mr. <br /> Harrington* If they looked up the definition of manifest it had no <br /> connotation other than the appearance of an injustice, That is all manifest <br /> means if you look if up in a regular Websterl's dictionary, This case that he <br /> pointed out by .fudge Zobel,; who was a fairy famous judge in <br /> Massachusetts, pointed out ghat manifest means. In any event, <br /> regardless of than if they remembered the case that was brought by the <br /> } Windjammer over in Barnstable where they sought an injunction. The <br /> Supreme Judicial court issued the ruling in that case. They said that the <br /> only way that they would have granted the injunction was if the petitioner <br /> s <br /> could prove economic harm, which threatens the very existence of their <br /> business. He suggested to the board that that was what they could prove. <br /> Ninety-fine percent of their business is cigars, pipes, tobaccos and <br /> accessories. If they couldn't allow people to try out the product like you <br /> can in most any store just because it was tobacco it shouldn't make any <br /> difference. If you had an automobile and for some reason they couldn't <br /> drive the automobile nobody was going to come to their store. They are <br /> suggesting that this is unique and if they had to bring a case along with <br /> s <br /> the sc said they might be able to get an injunction against the regulation <br /> that was being applied to thein. They were looking for relief here in <br /> whichever fashion the board would seem to think was fair to them. <br /> Mr. Santos asked if there were any other comments. <br /> I <br /> Mr, Ball made a motion to exempt the Tinderbox from the board"s current <br /> regulation and add to that exemption that there shall not be any food <br /> prepared on the premises* <br /> Ms. Grady wished that they had come to the board during the time that <br /> they were creating the regulations* she had been looking for them* They ,4 <br /> Y were the only business that she knew of in town that was basically ,- <br /> devoted to tobacco and tobacco products. They never carne. she would <br /> , <br /> -..M2� <br /> i v..'�W <br /> -' Y,Y'r+t2M#�•'erg <br /> L 2, { <br />