1/19/2006 BOARD OF HEALTH Minutes

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inspection by the Health Agent prior to the opening of the establishment. Stern Ball se the art - �nfed motion. All approved. . Tobarbo Regulation violation--The Bari. Glen Harrington reported that on 1/10/06 he vent to the Barn to see whatp t e of slush.ice - machine they had. ,`this was.'in response to a request from the State to ins' e t all facilities that had flush ice machines e , to dei rrnrne whether•they made.ice by the batch in the machine. While at the Barn, Glen noted that there still were tobacco products such as chewing tobacco a hd blunts, tobacco material that is rolled into tobacco paper,at the-counter by the c h regif r. This } .is_i 'Violation of State regulations that prohibit.these materials to bein the counter, ithin reach of customers. kn'Dec'embe.r.of 2004 the Barb was cited for-selling t .ar mnor.The Bain was-riot fined at the time but was given a warming. Glen'- ave the schedule of fine'for 6ffen'ses as follows; .first offense, $100; sed6nd offense, $ o; third.offense, $300; each offense after the third offense, $500. _ Lucy Burton was of the opinion that essenti ll this amounts to a second�rlolation for _ Their first � ]� The.Barr. violation in D cer b r 2004 wars i r ltted against a different section of the same. Tobacco> eulat'ro thart regulates the selling of tobacco to.r'inors. Lucy Burton made a motion- that the.Board fire,The Barn. oo for a seco.nd tobacco-regulation vr`rolartion offense. The Berri will b notified of the fine b certified letter�frrom the BC H, stiP blatir the requirement to-pay the fine,within orae week of receipt of the later. If-the%f ne is not paid Within.ons week of recei pt of a rletter, The-Barn tobacco permit will be r v l ed un l fi r a "Show acus ".h arir'g is held before the Board of Health. Zteven Ball seconded the di n. All -app.roved. S. Tobacco Regulation violation -The.-Country store :Glen Harrington reported receipt of notification'-front the Tobacco controlp ro rata that a sale of lobacco.had been rade to a minor at The country Store in ashpee. -on Jun.e..29, 2005,. during inspection of The Country Store, Glen Harrir tori had observed cigars on the front counter within-reach of minors. In July- 2005 The Country store was fined$100 for being in violation of 940 CMR 21.00"Sales and Dlstribution of Ci yrs In I section 22.06 The Country More paid.the$100 firm in July.2005. The first tobacco regulation violation cornrnrtted by The count More in June of 2005 was committed against a different section of the sarn e tobacco reg ieti n they regulates the selling of tobacco to minors..-Therefore, the violation committed by The Country More in January X006 constitutes their second offense. Glenn Santos made a motionto fine The country store$200 for a second tobacco regulation viclat� n offense. The- ountr� More-will be notified of the fine by certified letter from the B H r stipulating the requirement to pay the fine within one week of.receipt of the letter. if the fine is not pard within one week of receipt of the lefter`, The Country Store tobacco perrrrlt will be revoked until after--a'jShov Cause" h len is geld before the Board.of Health. Lucy Burton seconded the motion. All approved. . Review of Proposed Regulation for Upgrading System's Consisting of one or-fore Cesspools. Glen Harrington distributed copies of a reviewed draft of the proposed regulation to upgrade systems consisting of one or more cesspools. Under the section titledREGULATION 1, the Board agreed to delete the words"Within six months". Glen Ham* ngtvn will reprise the draft, will have the Board members review the.final version, and thea will send to the primer to be -advertised for two consecutive weeks In the Ma tepee Enterprise. 3