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Att. Mills stated that all tobacco products are clearly displayed and this particular product <br /> has survived 3 years of inspections by Mr. Collette in plain view and in November 2021 it <br /> becomes impermissible. There is not going to be a lot of emails about this product,the <br /> fact is he didn't believe it was impermissible at the time and some two years after he <br /> began to carry it, it becomes impermissible, That's not fair. <br /> Mr. Baumgaertel agreed. He stated perhaps, in lieu of those documented <br /> communications, maybe some invoices of the purchased product to show that it was in <br /> the store at that time and not identified at that time would help clear some of the <br /> confusion. If Mr. Java is willing to look back on records and present invoices that show <br /> those purchased products from the distributor so we can verify that they were on the <br /> shelf at that point. <br /> Mr. Baumgaertel reminded the board we are here to consider the current violation, not <br /> the as violations. My proposal is to clarify the information with respect to this particular <br /> violation. <br /> Ms. Patel comments lie between what Ernie and Brian have mentioned. I would like to <br /> see the evidence such as the invoices because we don't have that conversational proof to <br /> justify what has happened between the owner, Mr. Collette and Mr. Harrington. I'm new <br /> to what is legal and what is not to sell. Hearing the conversation as I looked at Grabba <br /> Empire and I was looking at the fact that they do, indeed have the tobacco leaf similar <br /> looking tote packaging that Glen showed and then the cigar package the Att. Mills <br /> showed too. We have these two different things that we're talking about. I would like to <br /> see the invoice to see that you actually purchased the product because they look the <br /> same. They sell both of these packages and we can't really tell if they've been there since <br /> 2019 or not, we can really tell based on these conversations. <br /> Mr. Harrington stated if this product was on the shelf prior, Grabba Empire leaf, that is <br /> what we are referring to tonight. If you did have it on the shelf during this prior period, <br /> where's it's clear that tobacco inspections were done and those products were not <br /> identified at that point. That would inform the decision as to whether you would have <br /> knowingly have a product on the shelf that shouldn't have been there or not. Because if <br /> we haven't told you that itshouldn't be there, we can't expect you to not have it there. <br /> Mr. Harrington would like to avoid the discussion of the ronto Leaf. I want to stick to <br /> the Gra Empire Leaf discussion. <br /> Att. Mills clarified that the violation says Grabba Empire Leaf for sale. This is not a Grabba <br /> Empire Leaf, it's a Grabba Empire Cigar, The violation is incorrect. <br /> Mr. Baumgaertel would like to look at the product. There are a lot of cases where they <br /> put cigar on it and it's not a cigar, it's a wrap. It can be taken apart. They have things that <br /> are identified as leaves and can't be taken apart. I'm going by the information I have <br /> tonight that the product that was on the shelf was Grabba Empire Leaf. You're telling me <br /> we have Gra Empire Cigar. That why I think that the clarification of receipts that show <br /> what exactly this product is because we can't make any decision based on the information <br /> thatwehave. If this is confusion between the vendor and how they're defined and where <br /> this fits, we want to make sure we're not instituting fines and suspensions where they're <br /> not appropriate. <br />