10/10/2019 BOARD OF HEALTH Minutes

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Town of Mashpee 16 Great Neck Road North All- •••'`� Mashpee, Massachusetts 02649 BOARD OF HEALTH - PUBLIC SESSION Mashpee Public Library - Event Room Minutes of the Meeting of October 10, 2019 Board Members Present: Member Absent: Also Present: Brian Baumgaertel,Chair Laurel Almquist, Co-chair Glen Harrington, Health Agent Mallory Langler, Clerk Chair Brian Baumgaertel called the meeting to order at 7:02 p.m. APPOINTMENTS 7:15—135 Main Street Mr. Harrington commented that, on July 29, 2019, a compliance check was performed at Mashpee Shell by the Cape Cod Regional Tobacco Control Program. During that compliance check, tobacco was sold to a minor. The sale of tobacco products to an individual under the minimum legal sales age of 21 is in violation of the Mashpee Board of Health "Smoking Regulation", Part XIII, Sections 1(D)(1) &(3). On April 23, 2019, during a tobacco compliance check, the owner was cited for violating the Mashpee Board of Health "Smoking Regulation", Part XIII,Sections 1(F),and (H),each of which carries a fine of$100 for the first offense. In a letter from the Board of Health, dated May 15, 2019,the owner was notified of these violations and ordered to pay a total fine of$200. On June 6, 2019, he appeared before the Board at their regularly scheduled meeting to request re-consideration of the violation and fine. The Board subsequently voted to waive the issued violation and fine,on the condition that no other tobacco-related violations be cited within twelve (12) months of the current violation. It was further voted that, should another violation occur during those twelve(12) months,the violation and fine from April 23, 2019 would be re-instated. Mr. Harrington stated that, in light of this new violation of July 29, 2019,the violation and fine from April 23, 2019 could be re-instated, and this offense would be considered the second violation. The Mashpee Board of Health "Smoking Regulation", Part XIII, Section 1(P)(1)(b) provides that, in the case of a second violation within 48 months of the date of the current violation, a fine of at least$200 shall be imposed. In March 2016,Alltown Mobil was issued the fines and a five-day suspension under the current regulation for a second violation. Therefore, Mr. Harrington recommended that the Board issue fines of$200 for the first offense on April 23, 2019, and $200 for the second offense of July 29, 2019. At the Board's discretion,the second offense also imposes a suspension of the Tobacco Sales Permit for a period of five (5) consecutive business days. 1