4/15/2009 BOARD OF HEALTH Minutes

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r f � ti TOWN OF MASHPEE BOARDof HEALTH - PUBLIC SESSION Minutes of the Meeting of Wednesday, Aril 15, 2009 Board Members Present; Absent: Also Present: Lucy Burton, Chairman Kalliope Egloff, Clerk Glen Harrington, Health Agent Burton Caplan, Co-Chairman, Chairman Lucy Burton called the meeting to order at :03 PM- APPOINTMENTS TMEI TS 7:15 P -Jennifer Newman— Fennel regulation violation Glen Harrington stated that in a letter to Jennifer Newman from the B H dated 3125109, she was informed that she had failed to pay the required fee for her kennel license at the Town Clergy's office and was ordered to appear before the BH to "show cause"' as to why she was in viol tion of the Kennel Regulation. Glen Harrington reported that Nor. Chris.Ne m h, Jennifer NeWman's husband, called the Board of Health office today to say that he would come into Torn Hall today to take care of paying the required kennel license fee. 7:30 PM —Mashpoe country store—Appeal of Retail Tobacco Violation Mr. Mohammad Rafiq, owner of the Il ashpee Country Store, introduced himself to the Board. Glen,Harrington reviewed the record of prior retail tobacco violations by the f ashpee Country Store, and stated that Mr. rafiq was appealing the fire that was issued by the Board of Health for a retail tobacco violation on June 29, 2005. Glen Harrington stated that no appeal was issued at that time, and that a fine was issued by the Board based upon a BCH inspection during which cigars were found in a container in the front display counter. Glen Harrington stated that at the time the fine was issued, his interpretation of the 940 CMR 21.00 "Sales and Distribution of Cigars in MA., section 22.096(2)(d) was that there were to be no tobacco products within reach of the public in the front display counters. Glen Harrington stated that further research regarding the referenced law regarding sales and distribution of cigars in NIA. indicated that if the cigars were locked inside the display counter, and the counter opening was turned toward the employee behind the counter, it was not considered a violation. Mr. Rafiq stated that at the time of the 6129105 violation, he was unaware that he could appeal the violation, but he had recently leaned from the Health Office that an appeal was possible. Mr. rafiq stated that because the front display counter was locked and the opening was turned toward the employees behind the counter, he felt that he had not been in violation of the MA. retail tobacco law, and he wanted to erase that violation from the Nlashpee Country Store record. Burton Kaplan made a motion to rescind the action taken by the Board on .duly 12, 2005 against the Mashpee Country Store for its first retail tobacco violation charge dated 6129105. Lucy Burton seconded the motion. All approved. Lucy Burton made a motion to add The Barn to the APPOINTMENT portion of the meeting agenda. Burton Kaplan seconded the motion. All approved.