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proactive in removing 800 individual products from his shelves. . Attorney Mills stated that prohibited <br /> products are not always obvious and labelling is very misleading. He further stated that Commons <br /> Convenience is open 19 hours/day, 7 days/wk and has had only one other violation in the past six years, <br /> a period over which they have served approximately 1.8 million customers, Attorney Mills advised the <br /> Board that other towns only have a two-year look back period, compared to Mashpee's more onerous <br /> four-year look back. <br /> On behalf of his client,Attorney Mills requested reconsideration of the violation,or a bigger fine in lieu of <br /> closure. He further requested that the Town provide a list that identifies, in a clear way, what is not <br /> permissible. Chair Baumgaertel responded that the Town has already provided a list, but the products <br /> are always changing. Mr. Chaudhry.suggested that the list could be updated annually. <br /> : Ms. Langler stated that the Board knows these violation are not intentional, but owners need to take <br /> responsibility for what they are putting.on their shelves by researching the products. She further stated <br /> that, while the.Board wants to follow past practice and precedent, if this is consistently an issue, some <br /> fault could be on the Board as the authors of the regulation. Mr. Harrington urged that the regulation be <br /> amended to include Fronto leaves and cigars, and the different sizes, as meeting the definition of blunt <br /> wraps. Board members agreed it was best to take a second look at the regulation. Chair Baumgaertel <br /> expressed his opinion that giving the owner the benefit of the doubt helps to build good will in the <br /> community, but that the Board walks a fine line between acknowledging honest mistakes and not <br /> enforcing the regulation strongly enough. He further reiterated that business owners need to conduct <br /> internet research on the products they are selling. Ms. Langler stated that, when proper research isn't <br /> done,owners run the risk of fines and closure. <br /> Chair Baumgaertel asked how the ordering works with tobacco distributors,and Mr.Chaudhry's son,who <br /> was also present at the meeting, briefly explained the process. Ms. Langler suggested that owners have <br /> a conversation with their distributors about the products they are providing, to ensure that prohibited <br /> products are not included in future orders. <br /> Mr. Chaudhry closed the discussion by requesting that the Board consider reducing the tolling period to <br /> two years. <br /> There being no further comments or discussion,Mallory Langler moved to waive the fine and the violation <br /> for Commons Convenience,414 Nathan Ellis Highway,with the condition that there be no other violations <br /> within 12 months. If.there is a violation, the violation and fine of October 3, 2019 would be reinstated. <br /> Motion seconded by Brian Baumgaertel. VOTE: Unanimous(2-0). <br /> NEW BUSINESS <br /> 1. Review and approval of meeting minutes. September 19, 2019 and October 10, 2019 Public <br /> Session minutes were considered and two corrections were recommended by Mr. Harrington. <br /> There being no further comments, Mallory Langler moved to approve the minutes of September <br /> 19, 2019 and October 10, 2019 as amended. Motion seconded by Brian Baumgaertel. VOTE: <br /> Unanimous(2-0). <br /> 2. Sign expense warrants. Expense warrants were signed. <br /> 3. Discussion of letter from MAHB requesting ban on mint/menthol flavored tobacco. Mr. <br /> Harrington advised the board that the state is looking to get a bill through the Senate by <br /> 2 <br />