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designation was their use was stone. In this case it's in the lawn and the units can be H2O <br /> but cannot be subject to vehicle loading. The ground water elevation that is shown is the <br /> correct elevation that was observed at high tide at that test hole. There are not any other <br /> issues at this point. <br /> There being no further comments or discussion Ernest Virgilio motioned to approve the <br /> septic design plan with the condition that a deed restriction be filed at the Barnstable <br /> County Registry of Deeds and a recorded copy be provided to the Board of Health before <br /> issuance of a certificate of compliance. Kripani Patel seconded. Roll Call Vote: Brian <br /> Baumgaertel (yes), Ernest Virgilio (yes), Kripani Patel (yes). VOTE: Unanimous (3-0) <br /> S. Review of Tobacco Sales Violation—135 Main Street, Omar Inc. <br /> Mr. Harrington gave an apology to Attorney Rob Mills for his long wait on line. <br /> Mr. Harrington updated the board that on November 9, 2021, a compliance check was <br /> performed by Cape Cod Regional Tobacco Control Program that the sale of a product that <br /> meets the definition of a blunt wrap was being sold at the Mashpee Shell establishment. <br /> The product that was sold was called a Grabba Empire leaf, which is a loosely rolled leaf, <br /> not a hard cigar. An order letter had been provided to the board member this is the third <br /> violation within the 48 month rolling period. A fine of$300 is imposed along with a period <br /> of tobacco sales permit suspension and the board had the discretion to suspend the <br /> permit up to 30 days and the board did previously issue a 30 day suspension to All-Town <br /> Mobil for their third offense. <br /> Mr. Baumgaertel asked if it may benefit the other board members to review prior <br /> violations. Do you have the prior violations and the outcomes of those? <br /> Mr. Harrington commented yes. It was spelled out within the order letter. April 23, 2019 <br /> there was a tobacco compliance check where there was 2 violations where there was a <br /> sale of cigars at the incorrect price and the sale of blunt wraps,the Fronto Loosely Rolled <br /> Leafs and then July 29th there was a sale to a minor in 2019. <br /> Attorney Mr. Mills gave a review of what they were told is ok to sell and not ok to sell. <br /> Mr. Harrington and Mr. Mills discussed the differences in types of cigars that are tobacco <br /> and Hemp based. <br /> Mr. Mills said that Mr. Collette, who issues the violations said they impermissible. <br /> Mr. Harrington said that's not true,he checked with Mr. Collette at approval because they <br /> are hemp based, not tobacco. This product here is a loosely rolled Fronto King cigar, <br /> which is what the April 23ra violation is for. This is a very soft, loosely rolled leaf which <br /> you can un-spread to put other material in. Mr.Java brought in the same type of package <br /> of the Grava Empire, which is the same. It is soft, can pull it apart. It is the exact same <br /> type of tobacco. The whole tobacco industry is causing so much confusion and this is a <br /> Dutch leaf. Mr. Java brought this to the health department and asked if this is ok. Mr. <br /> Harrington checked with Mr. Collette and he said yes it is ok because it is a hard rolled <br /> cigar. The tobacco industry is calling this a leaf when it is a hard rolled cigar that does not <br /> fall apart and cannot be pulled apart and used as a blunt wrap. There is forced confusion <br />