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Home My Public Portal About5. Arax Market - BOH Tobacco Products Sales Permit Hearing 09-24-2018Deborah M. Rosati, MS, RS Director of Public Health TOWN OF WATERTOWN Health Department Administration Building 149 Main Street Watertown, MA 02472 Phone: 617 972.6446 Fax: 617 972.6499 www. W atertown-ma.gov August 28, 2018 Arax Market Harout Bassmajian 585 Mt Auburn Street Watertown, MA 02472 Re: Tobacco Products Sales Permit Violation Dear Mr. Bassmajian: COPY Certified Return Receipt Requested relq-3'490—CW1-3 465-7417 On August 9, 2018, Kristel Bennett, Chief Environmental Health Officer for the Watertown Health Department responded to an inquiry from the Massachusetts Department of Revenue Cigarette Tax Unit regarding sales of flavored tobacco products and sales of tobacco products without obtaining a Massachusetts Department of Revenue Cigarette Excise Unit Retailer License. During this inspection, Kristel Bennett issued you a warning ticket for sale of flavored tobacco products and discussed obtaining a Massachusetts Department of Revenue Cigarette Excise Unit Retailer License within 30 days. On August 10, 2018 Erin Olson conducted a follow up inspection to document that all flavored tobacco products were removed from retail sale. During this reinspection Erin Olson confirmed that all flavored tobacco products were removed from retail sale. As of this date our records indicate that you have not submitted Massachusetts Department of Revenue Cigarette Excise Unit Retailer License, you are in violation of the Town of Watertown Regulation Regarding Smoking and the Sale and Use of Tobacco Products. VIOLATION 1. Failure to provide proof of a current tobacco sale license issued by the Massachusetts Department of Revenue. Submit the Mass. Dept. of Revenue Cigarette Excise Unit Retailer License to the Health Department. Town of Watertown Regulation Regarding Smoking and the Sale and Use of Tobacco Products, Section F 4 states in part that "Each applicant who sells or intends to sell tobacco products is required to provide proof of a current tobacco sales license issued by the Massachusetts Department of Revenue before a permit can be issued." ORDER You are hereby ordered to correct all violations by September 10, 2018. may result in an administrative hearing before the Board of Health fot a suspension of your Tobacco Sales Retail Permit. COPY Failure {n do s, Whoever violates any provision of Town of Watertown Regulation Regarding Smoking and the Sale and Use of Tobacco Products may be penalized by the non -criminal method of disposition as provided in General Laws, Chapter 40, Section 21 D or by filing a criminal complaint at the appropriate venue. In addition, you may be fined up to $300 per violation of the Board of Health Regulations pursuant to MGL Chapter 40, § 21D (Non -Criminal Disposition). These fines are as follows: $25.00 For First Offense $50.00 For Second Offense $100.00 For Third Offense $300.00 For Fourth Offense, and Any Further Offenses Each day of a continuing violation shall constitute a separate offense and shall be subject to a separate penalty. Should you have any question concerning this matter you may contact this office at 617-972- 6446. Sincerely, Kristel Bennett, MPA Chief Environmental Health Officer CC: File September 17, 2018 Arax Market Harout Bassmajian 585 Mt Auburn Street Watertown, MA 02472 TOWN OF WATERTOWN Board of Health Administration Building 149 Main Street Watertown, MA 02472 Phone: 617 972-6446 Fax: 617 972-6499 www.watertown-ma.goy Certified Return Receipt Requested #-e14•-•3490-cool-34bS 7�9 Re: Tobacco Products Sales Permit Violation Dear Mr. Bassmajian: You have failed to comply with the Health Department August 28, 2018 Tobacco Products Sales Permit Violation Letter, see enclosed letter. You have failed to provide a copy of your Mass. Dept. of Revenue Cigarette Excise Unit Retailer License to the Health Department. Since you have failed to comply with the Tobacco Products Sale Permit Violation Letter you are required to attend the next Board of Health Administrative Hearing for a Tobacco Products Retail Permit Suspension Hearing. This hearing will be held on Monday, September 17, 2018 at 7:30 PM in the Third Floor Conference Room of the Watertown Administration Building, 149 Main Street, Watertown, MA. Should you have any question concerning this matter you may contact this office at 617-972- 6446. Sincerely, Chief Environmental Health Officer CC: File School - public or private elementary or secondary education institution. Self-service Display - any display from which customers may select a tobacco product without assistance from an employee or store personnel. Smoke Constituent - any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the tobacco product. Smoking - the lighting of a cigar, cigarette, pipe or other tobacco product or possessing a lighted cigar, cigarette, pipe or other tobacco or non -tobacco product designed to be combusted and inhaled. Smoking Bar - an establishment that primarily is engaged in the retail sale of tobacco products for consumption by customers on the premises and is required by M.G.L., Chapter 270, section 22 to maintain a valid permit to operate a smoking bar issued by the Massachusetts Department of Revenue. "Smoking bar" shall include, but not be limited to, those establishments that are commonly known as "cigar bars" and "hookah bars." Tobacco Product — any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to: cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, or electronic cigarettes, electronic cigars, electronic pipes, electronic hookah, liquid nicotine, "e-liquids" or other similar products, regardless of nicotine content, that rely on vaporization or aerosolization. "Tobacco product" includes any component or part of a tobacco product. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration either as a tobacco use cessation product or for other medical purposes and which is being marketed and sold or prescribed solely for the approved purpose. Town - the Town of Watertown. Vaping - the act of using a product, regardless of nicotine content, that relies on vaporization or aerosolization. Vending Machine - any automated or mechanical self-service device, which upon insertion of money, tokens or any other form of payment, dispenses or makes any tobacco products. Workplace - any enclosed indoor and adjacent outdoor area, structure or facility or portion thereof at which one or more employees perform services for their employer. A Smoking or Vaping 1) Smoking or vaping is prohibited in all workplaces; all buildings, facilities or vehicles owned, leased, operated or occupied by the municipality, including school buildings, playgrounds, parks, recreational facilities and athletic fields; areas within 25 feet of all municipal buildings; any enclosed area open to the general public, including but not limited to: retail tobacco stores not in operation as such after April 41 3) As part of the permit application process, the applicant will be provided with a copy of this Regulation. The applicant is responsible for instructing any and all employees who will be responsible for tobacco product sales regarding both State laws regarding the sale of tobacco products and this Regulation. Each applicant is required to sign a statement declaring that the applicant has read said Regulation and certifying that the applicant understands the obligation to instruct any and all employees who will be responsible for tobacco product sales regarding both State laws regarding the sale of tobacco products and this Regulation. As a condition for obtaining and/or renewing a permit, the Board may require an applicant, and/or an applicant's employees, to participate in training programs provided by or approved by the Board. 4) Each applicant who sells or intends to sell tobacco product is required to provide proof of a current tobacco sales license issued by the Massachusetts Department of Revenue before a permit can be issued. 5) The permit fee shall be determined by the Board and all permits shall be renewed annually by November 30th. 6) A separate permit is required for each retail establishment. 7) Each permit shall be displayed at the establishment in a conspicuous place. 8) No permit holder shall allow any employee to sell tobacco products until such employee reads this Regulation and State laws regarding the sale of tobacco and signs a statement, a copy of which will be placed on file in the office of the employer, that he/she has read the Regulation and applicable State laws. 9) Tobacco Product Sales Permits are non -transferable. a. In the event of a sale of an Establishment licensed to sell Tobacco Products, the buyer of such Establishment must apply for a new permit within thirty (30) days of purchase if the owner intends to sell tobacco products. b. In the event that the owner of an Establishment licensed to sell Tobacco Products seeks to relocate such Establishment to a different physical location, in order to avoid the application of the provisions of Section F(12) below, the owner must apply within thirty (30) days of such relocation for a new permit stating the address of the new physical location, provided, however, that such new location must comply with the requirements of Section F(12)(c) below. Priority consideration for the issuance of a new permit shall be given to a current permit holder seeking to relocate its Establishment over an application submitted by the purchaser of the former or another location. C. No new permit will be issued unless and until all outstanding penalties incurred by the previous permit holder, or by the current permit holder at the previous retail location, are satisfied in full. 10) Consistent with the laws of the Commonwealth, issuance of a permit shall be conditioned on an applicant's consent to unannounced, periodic inspections of his/her establishment to ensure compliance with this Regulation. 11) A permit will not be renewed if the permit holder has failed to pay all fines issued and the time period to appeal the fines has expired. II