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16 <br /> Mr. Harrington stated that Mr. Kerrigan requested to be re-scheduled to the <br /> November 151, 2001. Mr. Harrington said that that was fine, as the written <br /> protocol regarding being placed on the agenda needed to be completed. <br /> Mr. Doherty was in agreement with that arrangement. <br /> NEW BUSINESS <br /> A. Cape Cod Regional Tobacco Program Compliance Check <br /> Mr. Harrington stated that CCTP did a compliance check and two stores where <br /> found in violation CVS and Stop & Shop both at the Mashpee Commons. <br /> Ms. Warden stated that each of these establishments have passed compliance <br /> checks on July 31s', 2001. They each failed one in 1998. <br /> Mr. Doherty reiterated that this is the second violation for them both. The first <br /> violations were back in 1998. Mr. Doherty wanted to bring up the issue that <br /> Star Market made as to when the slate was going to be wiped clean. <br /> Mr. Ball wanted clarification as to when the fine is assessed. <br /> Mr. Doherty stated that the first is a "nasty gram", the second is $100.00, the <br /> third was $300.00 and the fourth would result in pulling their permit. <br /> Mr. Ball asked is the history of violations should be inclusive of the one in <br /> 1998. <br /> Mr. Doherty stated that the BOH members needed to address it. Did they want <br /> to wipe the slate clean? One of the issues that Star Market brought up was that <br /> he was a new manager and he was being punished for the actions of the old <br /> manager. Mr. Doherty stated that the manager wasn't being punished. Star <br /> Market was being punished in essence. Did he have a lot of sympathy for him? <br /> No, not really. Was it a legitimate issue? Well, maybe. Can you hold it against <br /> him forever?The new manager is trying to clean up their act and he is <br /> burdened with all this old baggage. Does the BOH want to take and say that <br /> after three years from the anniversary of the violation the slate is wiped clean? <br /> The last one keeps rolling off but the ones in-between state on the record. <br /> Mr. Santos said that if they had a clean slate within three years. Then they <br /> should start of fresh. <br /> Mr. Doherty stated that one of the main reasons he said three years is because <br /> these stay. The violation was November 2na, 1998 and we are still in October. <br /> Mr. Ball was concerned that if the BOH were to change the policy. He was <br /> concerned that Star Market would come back and say that the BOH owes them <br /> money. <br /> Mr. Doherty stated that three years or more would not have changed the <br /> outcome of the Star Market decision that night. It would have to have been <br />