5 Complaints & Youth Access to Tobacco 34/05/2010 OB:25 4135385012 SOUTH FWDLEV HUH
BOARD OF HEALTH
MEMBERS
IKANTIRSCRIMIWOUR,MEd,CHER
JAY FLERW tt,rd.b.
STAFF
Ernest J.Mathieu,R.B..M.S.GH.O.
nboelf.Ras reMtb
118rd u_ _ R_S,Reeltary to Dec r
artda Abbott,RN.,Public HeaMt tterse
Madeline Heaa,Cleat
une 1,2005
OFFICE OF THE
BOARD OF HEALTH
CITY OF NORTHAMPTON
MASSACHUSETTS 01080
LETTER OF SUPPORT
iasthampton Board of Health
0 Payson Ave
iasthampton,MA 01027
Le: Letter of Support Tobacco Control Enforcement Coalition
rral= Un U4
2t2HNtt STREET
NORTHAMPTON,MA«1060
(453)Ss7-1214
FAX(41S)5874221
)ear Ms. DiRocco:
this letter signifies the agreement of the Northampton Board of Health to program the tobacco control
.ollaborative program led by the Easthampton Board of Health and to support the in the
Implementation of the requirements of the Boards of Health Tobacco Control and Enforcement Programs RFR,
if the collaborative is funded by the Department of Health.We understand the program requirements and
agree to:
• Provide culturally appropriate education about local and state laws and regulations to those workplaces
and tobacco remit stores impacted by those laws and regulast ons;
• Conduct the requisite inspections to monitor compliance. This includes,but is not limited to,tobacco
sales compliance checks,tobacco retail store inspections and secondhand smoke inspections;
• Ensure that penalties prescribed in the laws OT regulations,including fines and permit suspensions are
fairly and consistently enforced against workplaces and tobacco retail stores found to be in violation of
state and local laws.
Sincerely,
Rosernarie Km.paris, -N-,MPH
Chairperson
Organizational Structure
As the lead agency of the Mount Tom Coalition,the Easthampton Board of Health will
be responsible for fiscal and organizational coordination of the coalition and for hiring
and supervising staff. A Tobacco Control Coordinator will be hired Enforcement officers
and clerical staff will also be hired.
The Coalition is comprised of seven towns: Easthampton, Granby, Hatfield, Holyoke,
Northampton, South Hadley and Southampton. Representatives from each town will
attend monthly Coalition meetings. A Chairperson will be elected. The Tobacco Control
Coordinator will work with the Chairperson to plan meeting agendas. Coalition staff will
attend these meetings, as appropriate. Decisions regarding policy, protocols,procedures,
work plans and budgets will be made by consensus.
The philosophy of the Coalition is to balance enforcement responsibilities between
Coalition staff and local Boards of Health. This encourages continued integration and
institutionalization of tobacco control with other public health responsibilities, at the local
level.
Question 7 Enforcement Responsibilities
During the Jan-June 2005 funding cycle we established basic enforcement protocols,
which are working effectively. We will continue to refine these procedures, as we team
from experience. Figure 2 (page 8)illustrates the various responsibilities of the
enforcement agents,the Tobacco Control Coordinator, the local Board of Health and the
Court for issuing fines and ensuring payment.
The enforcement agents and the Town/City Boards of Health are responsible for
enforcement. The Tobacco Control Coordinator and the Health Agent will play support
roles. The Data Management clerk will be responsible for maintaining the data files,
mailing tickets and notices and performing other clerical duties related to enforcement.
Issuing Fines
When a youth exits a store after attempting to purchase a tobacco product, the
enforcement officer will complete the required Synar data form. If a sale is made, the
tobacco product is labeled with the date, time, address and other pertinent information
and placed in an evidence bag. Any receipt issued, is attached to the tobacco product.
After the compliance check round is completed,the enforcement officer will write tickets
for those permit holders who sold tobacco. They will have a list of previous sales,to help
determine the amount of the fine. To maintain the chain of command, the evidence bag,
with all the tobacco products and the tickets will be delivered to the Easthampton Police
Department on the day of the check.
Enacting Penalties
All Boards of Health in the Coalition have adopted a common youth access regulation.
Permit and hearing requirements and penalties are similar in all communities.
Penalties include:
I. first violation: $100 fine
2. second violation within 24 months of the
fine and 7 day permit suspension
3. third violation within a 24-month period,
suspension
Processing and Tracking Fine Payment
The Tobacco Control Coordinator will retrieve the tickets and tobacco products. We will
send the tickets by certified mail and regular mail,to the permit holder within 15 day of
the compliance check. Coalition staff will send copies of the ticket to the relevant
Town/City Clerk and Board of Health as well as to the District/Housing Court. The
Coalition will maintain a copy of the ticket and the certified mail slip as evidence, should
it be required for a hearing or court appearance.
After the 21-day period during which the violator may pay the fine or request a court
hearing, the Coalition will notify the Board of Health that payment should have been
received. The BOH will check with the town clerk to determine if payment has been
received and send the Coalition and the Court notification of payment/non-payment.
If the ticket has not been paid,the Board of Health will take out an application for a
criminal complaint. The BOH will inform the Enforcement Officer and the Coalition of
the court hearing date, set by the Court so that they can represent the Board of Health at
the hearing.
Coalition staff will be responsible for taking all pertinent information to the hearing,
including:
• the ticket copy,
• the compliance check data sheets,
• a history of past compliance check results
• a packet of information about the BOH including a copy of the regulations
date of the current violation: $200
a$300 fine and 30-days permit
Data Management
The Coalition will maintain data for each merchant in both database and hard copy
format.
File Copies: Synar forms will be kept in a file, along with a copy of any tickets issued
and certified mail documents. We will also maintain copies of hearing notices and
hearing results. A file will be maintained for any permit holder who violates the
regulation.
Database Information: The Synar results will be kept in an Access Database, as will be
results of store visits to check on signs, self-serve displays; fines paid, and penalties
assessed. This will allow us to accurately track sales over time.
Citations
Each establishment will be checked twice annually for a local permit, a Department of
Revenue permit, tax stamps,required signs, self-service displays, flavored tobacco
products, and loose cigarettes. During these routine visits,the Enforcement Officer will
record results, including citations on a datasheet. We will also record information
distributed to the vendors during the visit, such as Got ID calendars, information about
new regulations and Attorney General Tobacco Control Information. This information
will be used at hearings and court appearances.
Verbal wamings will be issued. The Enforcement Officer will post signs if they are
missing and observe while self-service displays are removed. A report of the visit will be
given to the individual Board of Health,who may choose to make a follow up visits,
especially if permits have not been issued.
Board of Health Hearings and Appeals
Each local Board of Health adopted a common youth access regulation in 2005, (referred
to as"Super Dalton"), which outlines hearing procedures and penalty structures. If a
second violation of the tobacco control regulation occurs within 24 months of the current
violation,the tobacco sales permit may be suspended,pending the outcome of a Board of
Health Hearing.
The local Board of Health will send a hearing notice(common to all Boards)by certified
and regular mail to the permit holder. This notice will include the reasons for the
intention to suspend the permit, including the history of compliance checks. It will also
establish the time and date of the hearing.
Question 5: Staffing Patterns
Figure 1 (page 5) shows the staffing pattern for the Mount Tom Tobacco Control
Coalition.
Direct Care Employees
The Easthampton Health Agent reports to the Coalition Members and to the Easthampton
Board of Health. He is responsible for oversight of the grant and supervision of the
Tobacco Control Coordinator and the enforcement agents. He is also responsible for
attending hearings and court appearances along with the enforcement officers. He works
an equivalent FTE .02 at $22.00/hr, with benefits.
Consultants
The Tobacco Control Coordinator is a contracted consultant position with no benefits.
This is a 14 hour/week position(.28 FTE)paid at $30/hr. The coordinator is responsible
for managing the grant, supervising the enforcement agents,maintaining the database,
maintaining communication with coalition members, organizing meetings, submitting
required reports, attending required meetings, developing work plans, establishing
collaborations and planning and implementing projects.
Two contracted enforcement agents report to the Tobacco Control Coordinator and the
Health Agent. Together they work approximately 7 hr/week(.2 FTE) at $30/hr. They are
responsible for conducting youth access and ETS compliance checks, issuing tickets,
attending hearings and court appearances, inspecting tobacco retail outlets, providing
merchant education visits, and recruiting training and supervising youth.
A contracted clerical staff person will work for 7 hours/week (FTE.2) at$16/hr to
maintain the data base and merchant files and to assist with mailings.
Consultant:
Enforcement
Officer 1
Primaril Youth Access
Health Agent
Overall Supervision
Hearing and Court Support!
Consultant:
Tobacco Control
Coordinator
Program Management
Consultant:
Enforcement
Officer 2
Primaril ETS
Clerk
Data entry
Mailing
NORTHAMPTON BOARD OF HEALTH
MINUTES
NOVEMBER 16, 2006
On this date a meeting was held in the Hearing Room, 2 Floor of City Hall, 210 Main Street.
Ernest J. Mathieu, Health Director
Madeline Aeon, Acting Secretary
Sarah Elkins, Resident
Dan Crowley, Daily Hampshire Gazette
Present:
Rosemarie Karparis, R.N., MPH
Jay Fleitman, M.D.
Xanthi Scrimgeour, MHEd, CHES
Kamar Khan,Mobile Mart(PK Petroleum)
Meeting was called to order at 5:00 p.m. by Chairperson Rosemarie Karparis
1. Review minutes of the October 5, 2006 meeting:
Reviewed and approved.
2. Tobacco Control Program:
a. Discussion on Current TCP Regulations regarding Fines and Penalties
b. Discussion on C Tobacco Sale to Minors for Mobile Mart(PK Petroleum)
a. Rosemarie proposed that we amend our regulations as following:
The first suspension violations t violation
insteadof one year. The 5th violat on suspens on Iwbe
o be at the
discretion of the Board Members. All members approved.
b. Sarah Okins, resident, expressed her concerns that t fooelleipt was
and there for the
4'" sale. She is concerned as to what will happen
seems to be no concern that there is no evidence. After discussion all members
approved suspension for 90 days.
3, Continued discussion on Increasing Local Awareness and Activities to Prevent
Global Warming:
Ernest handed out to each member a copy of the press release. Ernest will meet with
Dan to go over what portion pertaining to the Board of Health to be printed.
4. Discussion on Outdoor Wood Boiler Regulations:
a. Hearing
No one present for the hearing.
All members approved the regulations with the following amendment by Jay,to Section 3,
item C:
"This definition does not include materials chemically treated with any preservatives such
as paint oil based These regulations shall be effective De trash garbage".
December 1, 2006
5. Reports by Health Director Ernest Mathieu
a.
Richard Meczywor,Sanitarian—September Report
h.
Report on Trainings/Seminars
Update on Emergency Preparedness Work/Activities
d. Flu Clinic
e, Correspondences
a. Richard Meczywor's restaurant inspection report was reviewed and accepted.
b. Ernest attended the Mass Health Officers Association 3 daye convention held
November 1" if thru the 3rd at the Cape, very
c. 11 istlhe COOPtplanlwhich waP hbe completed by is
the complete, and chapter of month. Ernest
will have copies for the next meeting.
d, A clinic was held on November 49' at the Smith vocational High School with a
good turn out. Ernest said that Trish told him there were approximately 300
vaccines administered. Ernest will have the exact count for the next meeting.
e, The Board Members received a letter from Maureen Carney, City Councilor
supporting the regulations governing outdoor wood boilers and also received a
thank you letter from the resident that lives near the outdoor wood boiler for
promptly addressing her concems.
Old Business:
Xanthi requested an update on the department vehicle and the up-grade for Richard:
Ernest stated that the Police Chief informed him today that the department would have a
city vehicle within four weeks.
Ernest spoke to Glenda Stoddard, Director of Human Resources in reference to the up-
grade for Richard's position and she informed him that the city does not reclassify
employees and has not done so for a long time. Glenda said the procedure for
reclassification has to go through the budget process and it has to be agreed and
supported by the union. The reasons have to be demonstrated such as new and added
responsibilities with more detail, changes in responsibilities and in the work load to show
that the person has more responsibilities and doing more now, then when they were
hired. Ernest told Richard that he is putting all that together. Ernest said that Richard is
comfortable with that.
Ernest met with Charlie Kanicki, District Health Officer in reference to the need for an
additional part-time sanitarian. He will help Ernest prepare a proposal. He will be
present when the Board reviews the proposal and when it is presented to the mayor.
Charlie said he has done this for other towns and it has been successful. Errn stand
Richard also met with Jim Dostal, Councilor At Large and received his support.
requested that Ernest keep him updated.
7. New Business:
No new business.
Next meeting will be held Thursday, January 4, 2007 at 5:30 p.m..
Meeting adjourned at 6:30 p.m..
Respectfully submitted by,
7111adskint, j . kl tern_
Madeline L. Heon
Acting Secretary
Northampton Board of Health
Regulations c Places
And Youth Access to Tobacco
A
AMMENDED NOVEMBER 16,2006
7 SYvt,/-
Ps W
(AL iD
SEC 7.1...PURPOSE
Tobacco use is a leading public health risk in the City of Northampton and throughout the
United States.There is conclusive scientific evidence that tobacco smoke causes cancer,
respiratory diseases,various cardiac diseases, and negative birth outcomes,of both the smoker
and non-smoker. Environmental tobacco smoke [ETS],which includes both exhaled smoke and the death of the
(McGinnis rJM, F ege W."Actual Causes of Death in the United States", Americans 3 270:2207-
2212).The Public Health Service's National Toxicology Program lists ETS as a known human
carcinogen(US DHHS, 2000,citing California EPA, 1997).
Tobacco use by minors is a continuing problem with grave public health consequences.
Annually, 5.8 million packages of cigarettes are sold illegally to minors. According to the
Centers for Disease Control,every day 6000 children smoke their first cigarette and three
thousand more become daily smokers. More than 80%of all smokers begin to smoke as
minors. It is estimated that one third will die prematurely because of their smoking. Furthermore,
the U.S. Department of Health and Human Services has concluded that nicotine is as addictive
as cocaine or heroin.
Accordingly,the Board of Health of the City of Northampton enacts the following regulation as a
strict enforceable system to protect and improve public health and welfare by p
smoking in public places and workplaces, and to curtail the illegal sale and access of tobacco
products to minors.
SEC 7.2...AUTHORITY
This regulation is promulgated pursuant to the authority granted to the Northampton Board of
Health under Massachusetts General Laws Chapter 111,Section 31 that:"Boards of Health
may make reasonable health regulations", and Massachusetts General Laws Chapter 40,
Section 21D and Section 57.
SEC 7.3...DEFINITIONS
The following words and phrases,whenever used in this regulation, shall be construed as
defined in this paragraph.
BAR:An establishment that is devoted to the serving of alcoholic beverages for consumption by
guests on the premises.
BOARD:The Board of Health of the City of Northampton.
BUSINESS AGENT:An individual who has been designated by the owner or operator of any
establishment to be the manager or otherwise in charge of said establishment.
CIGARETTE RETAILERS LICENSE: A license issued by the Massachusetts Department of
Revenue for tobacco sales.
EDUCATIONAL FACILITY:Any public or private institution of learning, including but not limited to
preschools, primary and secondary schools,and adult learning institutions.
ENCLOSED: A space bounded by walls (with or without windows)from the floor to the ceiling
and enclosed by one or more doors
PAGE
EMPLOYEE: Any individual who performs services for an employer.
EMPLOYER: Any individual,of individuals,including [city/town]or partnership,
ny agency thereof,which uses the services
of one (1)or
p
more employees.
HEALTH CARE FACILITY: Any office or institution providing treatment ntof di eiasle
whether physical, mental or emotional,or other medical,physiological
conditions including but not rehabilitation other including
control clinics,nursing homes, h mesof the aging or chronically ill, laboratories,aboratoriesoffices of any
h sician, dentist and all specialists within these
surgeon, chiropractor,physical therapist, p y
professions.
HOTEL Any commercial establishment that offers lodging to the public, including,but not limited
to: motels, hotels,hostels and bed and breakfast establishments.
HUMIDOR:A room or space or enclosed area or container designed for storing cigars or other
tobacco products at a constant level of humidity.
IDENTIFICATION:A driver's license,a US military ID,a passport,or other government-issued
identification,which displays the photograph and date of birth of the bearer.
INDOOR SPORTS ARENA: Any indoor sports pavilion
h in e m members of the eggener llrpubliicss
assemble either to engage in physical exercise, participate
sports events,including but not limited to:gymnasiums, health spas,boxing arenas, swimming
pools, roller and ice rinks, bowling alleys and other similar recreational facilities.
LIGHTERS AND MATCHES:Any Ignition device used to light a tobacco product.
MINOR: Any individual who is under the age of eighteen(18)years.
OUTDOOR EATING: Seating or otherwise on a patio tocor htther outdoor seating portion of restaurant or bar
PERMIT HOLDER: Any person engaged
lies for and receives ves a tobacico sales rpermit orfany person who tisdrequired tobacco
consumers who app e
to apply for a tobacco sales permit pursuant to these regulations,or his or her business agen agent.
PERSON: Any individual,firm, partnership,association, corporation, company,trust or
organization of any kind including,but not limited to: an owner,operator, manager,proprietor or
p
person in charge of any building,establishment,business,restaurant or retail store;or the
employee, agent or designee of any of the foregoing.
PRIVATE CLUB: A not-for-profit establishment created and organized pursuant to M.G.L.Ch.
180 as a charitable corporation with a defined membership.A private club is not a place of
public accommodation but rather distinctly private.Criteria used to determine whether a club is
distinctly private include,but are not limited to,those factors identified in 204 CMR 10.02. If the
private club holds an alcoholic beverage license,said license shall be a"club license"as
defined in M.G.L. Ch. 138, §12 and by the Massachusetts Alcohol Beverage Control
Commission. Said license is subject to the terms set forth by the local licensing authority.
4
PAGE
/ which is or may be open to and used by the general public,
PUBLIC PLACE: Any enclosed area, ,._ y
( including, but not limited to: operated or occupied by the City
a. any building,facility, or vehicle owned,leased, p
b. any area open to the general public including, but not limited to:libraries, museums,
theaters, auditoriums,indoor sports arenas and/or recreational facilities
c. hotel, motel and inn lobbies
d. public and private educatio facilities
e. shopping mall etas stores
■ f. public restrooms, lobbies, s aircases,halls, exits,entrances,elevators accessible to the
public
g
licensed child-care establishments. __ _ - ---
P NSPORTATION: Buses,taxis and other means of transportation available to the
general public while operating within the boundaries of Northampton:including indoor and
outdoor boarding and waiting areas.Any
guests, rr eNmployees,l establishment including,forr on-preen ses consumptions including,but not limited to coffeepshops,
cafeterias:and sandwich stands and kitchens,in which food is prepared on premises for serving
elsewhere; including, but not limited to catering facilities•RETAIL STORE: Any establishment, including retail food stores,whose primary purpose is to
sell or offer for sale to consumers, but not for resale, any goods,wares, merchandise, articles or
other items."Retail Store"shall not include restaurants as defined herein.
SELF-SERVICE DISPLAY: Any display from which customers may select a tobacco product
without assistance from an employee or store personnel in the sale or distribution of tobacco
products directly to consumers.
SMOKING: Inhaling,exhaling,burning or carrying any lighted cigar,cigarette,pipe,or other
tobacco product.
TOBACCO PRODUCT: Cigarettes, cigars,blunts,chewing tobacco, snuff, pipe tobacco, bidis,or
tobacco in any of its forms.
VENDING MACHINE: automated which p insertion of
money,tokens or any other form of dispenses cigarettes or any other tobacCO
product,or lighters or matches.
WORKPLACE:Any enclosed area of a structure or portion thereof, or any business owned or
company owned vehicle at which one(1)or more employees perform services for their
employer.Worles for the indicated.this regulation shall not include those establishments
listed k as otherwise
SEC 7.4...POSTING NOTICE OF PROHIBITION
Every person having control of premises upon which smoking Is prohibited by and under the
authority regulation shall conspicuously Smoking" signs or
the international"No Smoking" symbol of a graphic repr entaton of a burning
provided by tlhe Massachusetts Department frPublic it) hand available from the the sign circle with a red
Northampton Board of Health.
PAGE
SEC No person shall PROHIBITED
a. the premises uponwhich smoking any s regulatedrby this regulation rorthe business having
agent or
designee of such person,permit aperson to smoke in any of the following places as
defined herein:Werke s, plate§,restaurants and bars,including outdoor seating
of a restaurant or ar; ducational fatilities,indoor sports arenas, health care facilities, and
public transportation,except as otherwise provided in Section 7.6 of this regulation.
b conformance on uses C.71 SEC..37 smoking is prohibited at all times in public school and Inc
SEC 7.6...EXEMPTIONS
a. Notwithstanding the provisions of Section 7.5 of this regulation, smoking may be permitted
in the following places and/or circumstances:
1. PRIVATE RESIDENCES,except those portions used as a childcare or health care
office when operating as such.
2. PRIVATE CLUBS
b other person Notwithstanding controls provision
ny establishment as descrribedyin this secoperator
ion may declare or
entire establishment as a non-smoking establishment.
SEC 7.7...CONFLICT WITH OTHER LAWS OR REGULATIONS
Notwithstanding the provisions of the foregoing Section 7.6 of this regulation,nothing in this
to permit smoking deemed areas where el is prohibited applicable fire,
h fire,heath or other regulations. so as
SEC 7.8...ENFORCEMENT
a. The Board of Health, its staff,or n all implement enforcement of this
regulation.
b Any citizen who
the Board desires i register ah complaint under this regulation may initiate
investigation
PAGES
SEC 7.9...TOBACCO SALES
a tobacco products to be sold to all minor,or not being the m in
not parent or legal guardian,
give tobacco products to a minor.
b. Posting of state law— In conformance with and in addition to Massachusetts General
Law, Chapter 270, Sedion 7,a copy of Massachusetts General Laws,Chapter 270, Section
or other place used to sell tobac r person charge by the owner
cco products at retail.The notice sha p olll be in rvided by the shop
Massachuse Department of Board of Health.The notice shall ble at least 48 square inches and shall be posted Northampton
erson standing at or approaching the cash
conspicuously by the permit holder in the retail establishment or other place in such a
register.
manner so that it may be readily seen the a p
or aced at a height of lless than four(4)feet oragreaterr thanllnine (9)feetrfromdthe floor.
c. Identification: Each person selling or distributing tobacco products shall verify the age of
the purchaser by means of government-issued photographic years-old older.containing th Is
identification containing e
bearer's date of birth,that the purchaser is 18(eighteen)required for any person under the age of 27 (twenty-seven).
d. Tobacco Vending Machines Prohibited: All tobacco vending machines are prohibited.
e. Permit Requirements for Location and Sales of Tobacco Products person No shall sell or
distribute retail the City of
Northampton,
without first obtaining a otherwise
e mit for Lo ton and Sales of Tobacco Products",
annually by the Board of Health.Failure to obtain such permit shall constitute a separate
violation of this regulation.
1. Applicants for the"Permit for Location and Sale of Tobacco Products"shall provide
proof of a current tobacco sales license issued by the Massachusetts Department
of Revenue,before a permit is issued.
2. A separate permit is required for each retail establishment selling tobacco.
3. Products.NI succhtpermits the
shall be for
renewed annually bya Sale of Tobacco
January
4 The"Permit for Location and Sale of Tobacco Products"shall be displayed at the
retail establishment in a conspicuous place.
5 beensuspended forviolatonslof for this o Regulation,Sale
ll tob cco products shall be
s such time tht a
removed from public areas of the retail establishment. Failure to remove all tobacco
products shall constitute a separate violation of this regulation.
8 new permit w will Location
Sale of
application Products"is
retailer who changes
locations. except a
locations.
7. Issuance of the"Permit for Location and Sale of Tobacco Products"shall be
conditioned on an applicant's consent to unannounced,periodic inspections of the
retail establishment to ensure compliance with this regulation.
g. Free Distribution of Tobacco Products Prohibited: No person shall distribute or cause to
be distributed any free samples of tobacco products.
h. Out-of-Packae any cigarette package that contains fewer than twenty(20)tribule or
cause to be di
cigarettes,including single cigarettes or any tobacco product not in its original packaging.
Self-Service Prohibited: All self-service displays of tobacco products are prohibited. All
retail sales of tobaco, matches o face between the
buyer. All humidors including,but rnot limited to,walk-n humidors must be locked.seller and the
m
PAGE 6
SEC 7.10...FINES AND PENALTIES
penalized by the non-criminal lati , method of
a. Non-Criminal Disposition Whoever violates any provision of the regulation,the violation
of which is as provided to a specific Massachusetts penalty,s General be p
ro appropriate venue.The enforcing agency shall be the
disposition as provided in Massachusetts General Laws,Chapter 40,Section 21D or by
fling a criminal complaint at the app P
Board of Health or its designees.
b. Smoking Prohibited Sections 7A,7.5,7.6
1. Any person,employer,business a or other person having control of the
premises,not in compliance with the pro ' ions of this regulation shall be subject to
enty-four(24)months of the date of the first
a fine of one hundred doll- ($100.00)f. a first offense,two hundred dollars
($200.e afdraee hundred of wi
offense and three hundred dollars ($300.00)for a third or subsequent offense within
twenty-four(24)months of the date of the previous offense.
2. Each day of non-compliance with Section 7.4,7.5,and 7.6 shall be considered a
separate and distinct violation thereof.
3. In accordance with Massachusetts General Law Chapter 40, Section 57,any
who has neglected or refused to pay any fees including
person or business having control of the premises,not in compliance with the
provisions ss this regulation,
amounts assessed under the provisions of Section 21D,within twenty-one(21)
days of issuance of violation and who does not have a pending court appeal,is
subject to suspension or revocation of any local Board of Health license or permit.
c. Tobacco Sales Section 7.9
It shall be the responsibility of the permit holder and/or his or her business agent to ensure
compliance with all sections of this regulation pertaining to his or her place of business.The
violator shall receive:
1. In the case of a first violation of Section 7.9,t a fine of one hundred dollars
($100.00) four months of the date of the
2. In the case of a second violation within 24[twenty- 1
permit shalll be suspended hfor seven(7)conse c O
ut'�ve b0usiness tobacco sales
days
3. In the case of three violations within a 24 Rwenty-four]-month period,a fine of three
hundred dollars($300.00)and the tobacco sales permit shall be suspended for
thirty (30)consecutive business days.
4. In the case of four violations within a 24 (twenty-four]month period,the tobacco
sales permit shall be suspended for ninety(90)
four consecutive days.
the penalty of
5. In the case of five violations within a 24 lnventy- )month period,
the tobacco sales permit suspension will be at the discretion of the Board of Health.
6. The issuance of a new permit on January 1, after five violations will be at the
discretion of the Board of Health.
7. suspenlsion of cooperate
he tobacco safes permit for thirty(30)consecutive business tdays.
8. In addition to the monetary fines set above,any permit holder who engages in the
ie Mathieu
m; Kelly Constantine[kconstantine@ easthampton.org)
Monday,June 11,2007 12:57 PM
Betty; Ellen Bokina; Ernie Mathieu; Dan Bresnahan; Sharon Hart; Southampton Board of Health
Dennis Lacourse; Mary Kersell
bject: Compliance Officers
hose of you who don't know,Greg Boyce and Sarah McColgan are no longer working for the Coalition.
its Lacourse and Magdiel Villegas will be doing the compliance checks and merchant ed visits.
/ Constantine
cipal Clerk
thampton Board of Health
(413)529-1443 Fax: (413)529-1442
Kconstantin.e@eastham_pton.org
6/22/2007
OARD OF HEALTH
MEMBERS
MARIE KARPARIS,R.N.,MPH
rll MHEd,ONES
JAY FlEITMAN M.D.
STAFF
st J.Mathieu,R.S.,M.S.,C.H.O.
czywo R,R.S
Mecrywo ..Sanitary Inspector
�
Abbott,R.N.,Public Health Nurse
OFFICE OF THE
BOARD OF HEALTH
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
212 MAIN STREET
NORTHAMPTON,MA 0101
(413)587-1213
FAX(413)587-1221
June 19, 2007
South Hadley Board of Health
Attn: Dr. Francis Nelen
116 Main Street
South Hadley, MA 01075
RE: Letter of Support Tobacco Control Program- Fiduciary Change from Easthampton
Board of Health to the South Hadley Board of Health
Dear Dr.Nelen
This letter signifies the continued agreement of the Northampton Board of Health to
participate
e contract will be shifedofroTobacco he Easthampton oBoard of Health etotthe South agree Hadley
t
Board of Health.
We look fotward to our Staff Town w in this venture and
Easthampton. We wish the s best of luck to program
o Board and your The Town of
continued success in the program.
Sincerely,
Ernest J. Mathieu,R.S.,M.S., C.H.O.
Director of Public Health
cc: Board of Health Members (3)
Mount Tom Tobacco Control Coalition
• Dennis Lacourse presented on a youth tobacco sales enforcement at Zee Mart on
12/30/09 at 1:30p.m. At that time a sale of cigarettes was made to a youth. This is a 2"d
sale and subject to 7 day suspension and a $200 fine.
• Syed Igbal, owner was out of country when the sale occurred and takes full
responsibility. Motion to close public comment by Suzanne and Donna seconded.
• The suspension will be in effect from 2/20/10-2/27/10.
2. TRIGGING&PIERCING: Donna moves that there be a moratorium on the issuing of
new Body Art permits until the new regulations have been enacted. Suzanne Smith
seconds, motion passed.
Donna makes motion to close Board of Health meeting and Suzanne seconds the motion.
Next meeting will be February 18, 2010
Meeting adjourned at 6:30
Respectfully submitted by,
Linda G. Heon
NORTHAMPTON BOARD OF HEALTH MINUTES
Januap 2
REGULAR MEETING HELD IN CITY HALL HEARING ROOM 5:30—7:30
IN ATTENDANCE:
Board members: Suzanne Smith, Donna Salloom
Staff: Ben Wood, Aimee Petrosky, Linda Heon
Guest:Dennis Lacourse,
Tobacco Compliance Officer
A regular meeting of the Board of Health was called to order by Suzanne Smith at 5:30 p.m.
Reviewed minutes from last meeting December 17, 2009. Suzanne moved to accept minutes as
public document and Donna seconds move.
PUBLIC
No one present at this time.
OLD BUSINESS:
• Michael Lavigne sent letter to Board of Health stating his inability to make repairs at 101
Old Ferry Road due to a court enforced restraining order. Suzanne Smith moved to
suspend his order to correct until all information is received, e.g. restraining order and
pending court date. Donna seconds the move. Motion passed.
• The Mayor asked Donna Salloom to sit on task force and she accepted.
• Suzanne Smith reports she received a formal complaint from the Ethics Commission
concerning the appointment of Xanthi Scrimgeour as health director. Suzanne Smith
requests the city solicitor on appropriate action to take.
• Suzanne Smith requested updates to the Hookah Bar lawsuit at the February meeting.
NEW NEW BUSINESS:
1. TOBACCO HEM
Suzaane Smith opened the hearing:
• Dennis Lacourse presented on a youth tobacco sales enforcement at Zee Mart on
12/30/09 at 1:30p.m. At that time a sale of cigarettes was made to a youth. This is a 2n6
sale and subject to 7 day suspension and a $200 fine.
• Syed lqbal, owner was out of country when the sale occurred and takes full
responsibility. Motion to close public comment by Suzanne and Donna seconded.
• The suspension will be in effect from 2/20/10-2/27/10.
2. TATOOING &PIERCING: Donna moves that there be a moratorium on the issuing of
new Body Art permits until the new regulations have been enacted. Suzanne Smith
seconds, motion passed.
Donna makes motion to close Board of Health meeting and Suzanne seconds the motion.
Next meeting will be February 18, 2010
Meeting adjourned at 6:30
Respectfully submitted by,
Linda G. Heon
I Time:
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NATURE OF COMPLAINT:
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INSPECTOR'S REPORT:
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nspector Signature.
Commonwealth of Massachusetts
Housing Court Department
Western Housing Court
37 Elm Street
P.O. Box 559
Springfield, MA 01102-0559
(413)748-7838
Byrne
ag,strate
Northampton Board of Health
L&M Furniture
: 10H79TK000011
Honorable Dina E Fein
First Justice
Date: March 16, 2010
Notice of Hearin on Ticket
The ticket hearing you requested will be held at.
Date: 04/05/2010
Time: 9:00 AM
Courtroom: Northampton Clerk's Session
Session) Location: Courtroom 2
Northampton District Court t
15 Gothic ton,e
Northam ortham amp
At the hearing, the issues will include: (1) whether the ticketed violation
so, what one or penalty
on occurred,
appear at the hearing, or if you fail to pay any fine
(2) whether you are the person who committed the violation, (3)
should It imposed,and there er if may be fail to app
or penalty as then and there maybe unposed, whether criminal process should issue against
you for failure to pay such fine or penalty.
At the hearing you may present your side of the matter, bring witnesses, and be
represented by an attorney, if you so choose.
Northatnpton Board of Health
212 Main Street
Northampton,MA 01060
Kevin R Byrne
Clerk - Magistrate
cECE1tiLL
5T ERN DIVISION
!^USING COURT
2010 MAR 15 AN B 05
City/Town Na Y'/7e.� gy
Violation Notice
Rules/ Regulations/Ordinances
DPT OF THIS NOTICE
NAME OF OFFENDER/ESTABLISHMENT
FORCING DEPARTM
_ tD ArS,
ECEIPT OF THE FORGOING CITATION
Mailed
Signature ❑ not ob-nod ❑ obtained Date�(1B f
THE NONCRIMINAL FINE FOR THIS OFFENSE IS S..JfG(L-
YOU HAVE THE FOLLOWING ALTERNATIVES IN THIS MATTER:
Either option(1)of option(2)will operate as a final disposition.with no resulting criminal record.
Friday.
(1)Mar you may elect to pay the above fine,either by appear4q N person Monday
legal holdays excepted,before the Giant of your munGrva'M.OR by mailing a check.money order or
postal nate to the MUNICIPAL CLERK'S OFFICE WR'INTWENTYONE(21)DAYS OF 71-1E M DA a OF
THIS TI! wIce t afoul disposition
- - a
(2)11 you desire to contest this manor I a noncriminal proceeding you may do so by making a written
request and enclosing a copy Of tNLs citation within 21 days N the date M this notice to: LRMA 01103
STO
MAGIATE.WESTERN REGION OF THE HOUSING COURT,37 Elm Street.Sgingl E
Ain:210 Non-Criminal Heedng.
(3)If you loll to Pay the above • " -specaled a criminal complaint will be pled against
you- aerncwaee the
Marmot 1 HEREBY n the THE SFIRST OPTION above.cordess to the offense charged and
O I HEREBY REQUEST A NONCRIMINAL HEADING on this matter.
CITY OF NORTHAMPTON
OFFICE OF THE CITY CLERK
NOTICE OF PAYMENT OF NON-CRIMINAL VIOLATION
TO CLERKIMAGISTRATE
NORTHAMPTON DISTRICT COURT
15 GOTHIC STREET
NORTHAMPTON, MASSACHUSETTS 01060
Payment for the following non-criminal violations has been made to this office as
follows: FINE
DATE FINE 0
TICKET # ISSUED TO March 3, 2010
0320 5 Market Furniture
5 Market Street
Northampton, MA 01060
(Employee smoking in store)
Please enter these violations as "PAID" in your records. Your cooperation is
greatly appreciated.
Date :April 5, 2010
Wendy Mazza
City Clerk
i
HAMPSHIRE, SS.
COMMONWEALTH OF HOUSING COURT DEPARTMENT
WESTERN DIVISION
DOCKET NO. 1OTK0011
NORTHAMPTON BOARD OF
HEALTH,
V.
Plaintiff
L&M FURNITURE,
Defendant
ORDER
After hearing on April 5,2010, at which both parties were present, the court finds the
defendant responsible for ticket number"Tobacco 0320" in the amount of 5100.00. Payment is
to be made within 14 days of the below date.
da of T� ,2010.
So entered this Y
k
g laa
N-ANN HUNTOON,Assistant Clerk-Magistrate