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MEETING PACKET MARCH 2014 va i i vi vl 1"l.tr1� 1v1L 100l1l.r1 V JL 1 10 BOARD OF HE.-ILTH ig,�'L�1L� 120 WASHINGTON.STREET,.41 FLUOR %bPreli�ecOmota.Protect. TEL. (978)741-1800 FAx(978)745-0343 KIMBERLEY DRISCOLL lramdin@salem.com L;\RRY tt:\nIVIN,RS/R}�FIS,CfIO,CI'-PS MAYOR HF.m I'f I AG ENT NOTICE OF MEETING You are hereby notified that the Salem Board of Health will hold its regularly scheduled meeting Tuesday March 11, 2014 at 7.00 PM City Hall Annex 120 Washington St.3rd Floor Room 312 MEETING AGENDA { 1. Call to order m a M- 2. Approval of Minutes vrn m� D 3. Chairperson Announcements 3 3 4. Public Health Announcements/Reports/Updates a. Health Agent b. PHN Report c. Administrative d. Council Liaison S. Communications Letter from Attorney Philip La Monica requesting the Board reconsider its revocation of the tobacco permit of Grill Z Chicken, 105 Lafayette St.—discussion and vote on request to schedule reconsideration by the Board 6. Short and Long Term Goals 7. Miscellaneous This notice posted on "Official Bulletin Board" City Hall, Salem, Mass. on. • -7 02dJy s. Adjournment at 9.. /g'�3 n in accordance with MGL Chap. 30Aj Seftions 18-25. Larry Ramdin Health Agent cc: Mayor Kimberley Driscoll, Board of Health, City Councilors Next regularly scheduled meeting is April 8, 2014 at 7pm at City Hall Annex, 120 Washington Street Room 312. Know your rights under the open meeting law MGL chapter 30A ss 18-25 and City Ordinance section 2-2028 through 2-2033 CITY OF SALEM BOARD OF HEALTH MEETING MINUTES February 11, 2014 EMBERS PRESENT: Dr. Barbara Poremba, Chair, Martin Fair, Dr. Shama Alam &Dr. Danielle Ledoux OTHERS PRESENT: Larry Ramdin Health Agent, Council Liaison Beth Gerard, Suzanne Doty, Public Health Nurse, Joyce Redford,North Shore Cape Ann Alcohol and Tobacco Policy Program Director &Peter King, Tobacco Control Inspector MEMBERS EXCUSED: Gayle Sullivan TOPIC DISCUSSION/ACTION 1. Call to Order 7:40pm 2. Minutes of Last Meeting Motion by M Fair to accept the minutes with corrections, (January 8, 2014) 2nd Dr. Alam. Approved unanimously 3. Chairperson Announcements No update 4. Monthly Reports-Updates A. B. Health Agent Approved; Copy available at BOH. Report The Board would like to discuss public health concerns during haunted happens at next month's meeting. B. Public Health Approved; copy available at the BOH Nurse's Report C. Administrative Approved; copy available at the BOH Report Will add revolving account balance D. City Council *There is a trash concern on Balcomb Street, possible abandoned Liaison Updates property. Sanitarian Elizabeth Gagakis was there and is in the process of resolving the matter. *Board reduction has not been brought up at a council meeting yet. *The potential marijuana dispensary site located in Ward 6 is being reviewed by the City Council 5. New Business A. Tobacco Violation Hearings ■ Salem Grill Z Chicken 105 Lafayette St Owner Asim Mushta Y q Hearing Violation- on 1/25/14. Two violations were cited per BOH tobacco regulations; sales to a minor and a cigarillo was sold under the$2.50 price point. 3 previous violations were: 1. 7/2/12 sale to a minor—$100 Fine paid • 2. 2/25/13 sale to minor—$200 Fine paid 3. 10/2/13 blunt wraps behind counter— $300 fine paid & 7 day suspension. J. Redford also recommended mandatory education at his last suspension hearing. Joyce Redford will look at the attendance sheet and get back to the Board to make sure Mr. Ahmad attended. Mr. Ahmad did not dispute the violation only the date of the violation. He claimed that the visit was on Friday night before closing; Joyce Redford indicated it was on Saturday January 25th when Mr. Ahmed signed the violation. This was supported by Peter, • King Tobacco Control Agent and the signed document. The Board discussed concerns with the timing of the hearings being prior to 21 days appeal period. Motion—Dr. Ledoux motioned to revoke the tobacco permit for Salem Grill Z Chicken effective February 24, 2014 and pay the $300 fine. 2nd by Dr. Alam All in favor(Chair abstains per custom). Motion passes. ■ Walyo's Variety 22 Essex St Owner Predeep Madan Hearing violation- on 1/21/14 @ 2:15pm; violation cited per BOH tobacco regulations: sale to a minor. Previous violation: 2/25/13 sale to a minor— $100 fine paid Joyce Redford informed the Board that this establishment is also a liquor license establishment so they should be accustomed to asking for identification all the time. Motion—Dr. Alam motioned to suspend the tobacco permit of Walyo's Variety for 7 days effective February 24, 2014 and the fine of$200 be paid. Dr. Ledoux 2nd All in favor (Chair abstains per custom). Motion passes. ■ Marc's Market - 51 Harbor St. Owner, Elias Rana • Hearing violation- on 1/25/14 @ 1:27pm Two violations were cited per BOH tobacco regulations; sale to a minor and sold cigarillo under$2.50 price point. 1st and 2nd offense— Owner said new employee sold to minor on his 1 st day. Motion- Dr. Ledoux motioned to suspend the tobacco permit of Marc's Market for 7 days effective Feb 24, 2014 and the fine $200 be paid. Dr. Alam 2nd 2 for, 1 against (Chair abstains as per custom). Motion passes. ■ NYFC Food Market - 21 Salem St. Owner, Niaz Ahmad &Isabella, store clerk Hearing violation—on 1/25/14 @1:41pm violation cited per BOH regulations: sale to a minor(2nd violation) Previous violation: 6/11/13 sale to a minor- $100 paid fine Joyce Redford explained that this establishment failed 2 out of 3 compliance checks. The owner does not dispute violation but is asking for us not to suspend his tobacco permit due to the amount of people in the store at the time of the violation and that the store clerk, 18 years of age, was alone and overwhelmed at the time. Motion Dr. Ledoux motioned to suspend the tobacco permit of NYFC Food Market for 7 days effective Feb 24, 2014 and the fine $200 be paid. Dr. Alam 2nd ; • All in favor (Chair abstains as per custom). Motion passes. • 'Global Gas Station 200 Canal St Owner Dildar Hassim Hearing violation- on 1/21/14 @ 4:08pm; violation was per BOH regulation: sale to minor Previous violation was: 6/13/13 sale to minor—paid fine Joyce Redford noted that this establishment has a history of 1 st offenses. (Tolling period was 12 months; as of 2/4/13 it is 36 months). He's had Is'offenses for many years. Motion Dr. Alam motioned to suspend the tobacco permit of Global Gas Station for 7 days in effect on Feb 24, 2014 and the fine $200 be paid. Dr. Ledoux 2nd All in favor- Chair abstains from vote Mr. Hassim asked Joyce Redford that during these tobacco trainings, they allow the owners to explain that when these violations happen they are usually from an employee not the owner. He believes there should be a more fair way of giving out offenses that do not harm the business owner's license if an employee of the business is the one that committed the offense. Joyce replied that during the trainings that her office conducts, there is an exchange allowed and business owners are encouraged to share their methods of how they keep their employees from committing these violations; in the end, it is the responsibility of the business owner to set their own policies for dealing with their employees. • 7. MEETING ADJOURNED: 10:00pm Respectfully submitted, Heather Lyons-Paul Clerk of the Board Next regularly scheduled meeting is March 11, 2014 at 7pm At City Hall Annex, 120 Washington Street,Room 311 Salem. • 1W BOARD OF HEALTH v+y v v�— —— L\v/ �, ad 120 WASHINGTON STREET,4rH FLOOR Prevent mote.Protect. TEL.(978)741-1800 FAx(978)745-0343 X-IMBERLEY DRISCOLL Iramdinnsalem.com L MY RAMDIN,RS/RCHS,CI IO,CP-FS MAYOR HEA rH AGENT February 24,2014 Kwik Shop 10 Jefferson Avenue Salem, MA 01970 Dear Owner: On Monday January 25,2014 at 11:40 am personnel from the Tobacco Control Program conducted a compliance check to determine if your permitted establishment would sell a tobacco product to a minor. A 17 year-old female purchased tobacco from a clerk in your store. Documentation is now on file at the Board of Health regarding that sale. Kwik Shop is in violation of Section III(A)of the Salem Board of Health Regulation Affecting the Sales of tobacco to a minor. According to this section,the sale of cigarettes,chewing tobacco,snuff,or any tobacco in any of its forms to any person under the age of eighteen shall be punished by a fine of($100.00 Hundred Dollar fine)for the first offense. FOLLOWING THE THIRD(3Ro)OFFENSE,THE BOARD MAY CONSIDER POSSIBLE REVOCATION OR SUSPENSION OF THE PERMIT. 't The North Shore Tobacco Control Program and the Salem Board of Health have worked with you and your • employees to demonstrate methods to ensure compliance with this regulation. Therefore,you are ordered to pay a fine of$100.00 for the violation stated above. A check or money order payable to the City of Salem must be at the Board of Health office,120 Washington Street,4!h floor,within ten days of receipt of this notice. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven (7)days of receipt of this Order. At said hearing,you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in the possession of this Board,and that any adverse party has the right to be present at the hearing. If you have any questions regarding this notification please call me at 978-741-1800. Sincerely yours, Larry lWmdin I t) Health Agent Q LR1hlp © � ®� Per CERTIFIED MAIL:70121640 0002 3312 9762 cc: North Shore Tobacco Control Program Barbara Poremba, Board of Health Chairperson and Members �� s City/To vn .4 �` `n Board of Health P ��- cHealth i °t. Promot e. Pratect. This notice is to inform you.that your establishment violated the Board of Health Sale of Tobacco Products &Nicotine Delivery Products and/or Environmental Tobacco Smoke(ETS)Regulation. Na�f establishment Address _ 4Datf violation B. Time of violation Minor's age/gender Minor's ID# (Ordnance;Sectioa Regulation) R (Act Constituting Violation) Narrative information: :.....ro I afftrmi under the paint and penalties"of perjury,that the above report is true to the best of my knowledge. ana-- elief. ( g , Inspector g Sa 4riczture) .�y � � (Print name) �- P 5 VENDOR STATEMENT:I acknowledge I received this Violation Notice on , 20 i at ,kAT. l and I am being given a carbon copy of this notice.I also kcknowledge that 1 have been informed that the Peabody Board of Health will provide additional,follow-up information to this violation notice /: w er/Manager/Clerk(Signatu (Print name) the ins ector feels unsafe in delivering it,an explanation must be If vendor refuses this Notice or if p g written on a note attached hereto.Mailing of this Notice is thus required. Contact the North Shore/Cape Ann Tobacco Alcohol Policy Program at 781-586-6821 with questions Establishment-white NSTCP-yellow Board of Health-pink i l,l'l'Y Ur' JAL1✓1V1, 1V1A55A(;HUJl;1 16 emu/ BOARD OF HEALTH Public1b9th 120 WASHINGTON STREET,4r"FLoOR Prevent.Promote.Protect. l TEL.(978)741-1800 FAx(978)745-0343 !} IMBERLEY DRISCOLL Itamdin@salem.com L,1RRY R11bID1N,RS/R[HS,CI IO,CP=FS MAYOR HI AI,.H AGENT February 24, 2014 Shell 146 Boston Street Salem, MA 01970 Dear Owner. On Saturday,January 25,2014 at 10:043 am personnel from the Tobacco Control Program conducted a compliance check to determine if your permitted establishment would sell a tobacco product to a minor. A 17 year-old female purchased tobacco from a clerk in your store. Documentation is now on file at the Board of Health regarding that sale. Shell is in violation of Section III(A)of the Salem Board of Health Regulation Affecting the Sales of tobacco to a minor. According to this section,the sale of cigarettes,chewing tobacco,snuff,or any tobacco in any of its forms to any person under the age of eighteen shall be punished by a fine of($100.00 Hundred Dollar fine)for the first offense. FOLLOWING THE THIRD(3RD)OFFENSE,THE BOARD MAY CONSIDER POSSIBLE REVOCATION OR SUSPENSION OF THE PERMIT. 1 • The North Shore Tobacco Control Program and the Salem Board of Health have worked with you and your employees to demonstrate methods to ensure compliance with this regulation. Therefore,you are ordered to pay a fine of$100.00 for the violation stated above. A check or money order payable to the City of Salem must be at the Board of Health office, 120 Washington Street,4"t floor,within ten days of receipt of this notice. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven (7)days of receipt of this Order. At said hearing,you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in the possession of this Board,and that any adverse party has the right to be present at the hearing. If you have any questions regarding this notification please call me at 978-741-1800. Sincerely yours, Larry Ramdin Health Agent LR/hlp CERTIFIED MAIL: 7012 3050 0001 2959 3230 cc:North Shore Tobacco Control Program Barbara Poremba, Board of Health Chairperson and Members • _Board of Health L bUCH"ith ?revent. Promote. Protect: This notice is to inform you that your establishment violated the Board of Health RegulaSale tion. Tobacco Products $c Nicotine Delivery Products and/or.ynvironmental Tobacco Smoke(ETS) gu Naine`of estabh t Address Da of violati n T' of violation Minor's age gender Minor's UV 1 drdmance;Sec tn,Ru�ation^ (Act Constituting Violation) Narrative information: t f cv WAI -ne c4AP - .�. 1 •' report is true to the best of p y knowledge that the above I affirm,under the sand penalties of perjury, belief. (Print name) � . Inspect ignature) , -�C-�` - I received this Violation Notice on 2U at I VENDOIr ST,TEsMENT:I acknowledge I also a of Y and I am being given a carbon copy of this notice. cknowledge have`bat the Peabody Board of Health will provide additional,follow-up information to ee this Violation notice. 0 (Print name) er/Manager/Clerk(Signature) If vendor refuses this Notice or if the inspector feels unsafe in del uued.it,an explanation must be written on a note attached hereto.Mailing of this Notice q Contact the North Shore/Cape Ann Tobacco Alcohol Policy Program at 781-586-6821 with questions Establishment-white NSTCP-yellow Board of Health-pink \� BOARD OF HEALTH `�/ 120 WASHINGTON STREET,4M FLOOR Prevent. �,���,y� Promote.Protect. TEL.(978)741-1800 FAx(978)745-0343 `) KIMBERLEY DRISCOLL Iramdin ,sa em.com LARRY RAMDIN,R,S/REHS,CHO,CP-FS • MAYOR HEALTH AGENT February 24,2014 Red Lion 94 Washington Street Salem, MA 01970 Dear Owner: On Saturday,January 25,2014 at 12:057 pm personnel from the Tobacco Control Program conducted a compliance check to determine if your permitted establishment would sell a tobacco product to a minor. A 17 year-old female purchased tobacco from a clerk in your store. Documentation is now on file at the Board of Health regarding that sale. Red Lion is in violation of Section III(A)of the Salem Board of Health Regulation Affecting the Sales of tobacco to a minor. According to this section,the sale of cigarettes,chewing tobacco,snuff,or any tobacco in any of its forms to any person under the age of eighteen shall be punished by a fine of($100.00 Hundred Dollar fine)for the first offense. FOLLOWING THE THIRD(3!0)OFFENSE,THE BOARD MAY CONSIDER POSSIBLE REVOCATION OR SUSPENSION OF THE PERMIT. The North Shore Tobacco Control Program and the Salem Board of Health have worked with you and your employees to demonstrate methods to ensure compliance with this regulation. Therefore,you are ordered to pay a fine of$100.00 for the violation stated above. A check or money order payable to the City of Salem must be at the Board of Health office, 120 Washington Street,4ei floor,within ten days of receipt of this notice. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven (7)days of receipt of this Order. At said hearing,you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in the possession of this Board,and that any adverse party has the right to be present at the hearing. If you have any questions regarding this notification please call me at 978-741-1800. Sincerely yours, Larry Ramdin Health Agent LRmlp CERTIFIED MAIL:70121640 0002 3312 9816 cc: North Shore Tobacco Control Program Barbara Poremba, Board of Health Chairperson and Members Cit Boara of neaitu -blicHealth ` r, a. Promote. Protest. This noti a is to inform you that your'es," lishnent violated the Board of Health Sale of Tobacco Products &Nicotine Delivery Products and/or En4ironmental Tobacco Smoke(ETS)Regulation. , Ld_ Name of establishment �".... Address _ ' �,...,.w..-y Minor's ID. Date of violation Tine of violation Minors age/gender . ( dinance,Sectio �tegulat<o T� ; ..F..- E::'hR� Si.. -"mac ` :'r � '• \ o" c`. i I....�. t 4Y �. .. 7J . `( c °Carist4tuttng Violation) Al Narrative bformati n '7 3' �;�,x %�` � �...'�... Y�: ��.r"; • i �.�, knowledg • I affirm,under the pains and penalties of perjury,that the above report is true to the best of my and belief. Insoetor(Signature) (Print name) VENDOR STATEMENT.I acknowledge I received this Violation Notice on 20 .I also acknowledge that I co of this notice g at AM/PM and I am being given a carbon copy have been informed that the Peabody Board of Health will provide additional,follow-up information to this violation notice. Owner/Manager/Clerk(Signature) (Print name) If vendor refuses this Notice or if the inspector feels unsafe in delivering it,an explanation must be written on a note attached hereto.Mailing of this Notice is thus required. Contact the North Shore/Cape Ann Tobacco Alcohol Policy Program at 781-586.6821 with questions • Establishment-white NSTCP-yellow, Board of Health-pink BOARD of HEALTH � ' TE 0(978)741 1800 F ASHINGTON x(97�8)7 5 0343 Prevent.Promote. d: KIMBERLEY DRISCOLL lramdinnsalem.com L.kRRY RAMDIN,RS/RF HS,CI IO,CP-IS MAYOR HEALT14 AGENT February 24,2014 Bunghole Liquors 204 Derby Street Salem, MA 01970 Dear Owner: On Saturday,January 25,2014 at 12:06 pm personnel from the Tobacco Control Program conducted a compliance check to determine if your permitted establishment would sell a tobacco product to a minor. A 17 year-old female purchased tobacco from a clerk in your store. Documentation is now on file at the Board of Health regarding that sale. Bunghole Liquors is in violation of Section III(A)of the Salem Board of Health Regulation Affecting the Sales of tobacco to a.minor. According to this section,the sale of cigarettes,chewing tobacco,snuff,or any tobacco in any of its forms to any person under the age of eighteen shall be punished by a fine of ($100.00 Hundred Dollar fine)for the first offense. FOLLOWING THE THIRD(3R)OFFENSE,THE BOARD MAY CONSIDER POSSIBLE REVOCATION OR SUSPENSION OF THE PERMIT. The North Shore Tobacco Control Program and the Salem Board of Health have worked with you and your • employees to demonstrate methods to ensure compliance with this regulation. Therefore,you are ordered to pay a fine of$100.00 for the violation stated above. A check or money order payable to the City of Salem must be at the Board of Health office, 120 Washington Street,4"'floor,within ten days of receipt of this notice. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven (7)days of receipt of this Order. At said hearing,you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in the possession of this Board,and that any adverse party has the right to be present at the hearing. If you have any questions regarding this notification please call me at 978-741-1800. Sincerely yours, L� Larry Mfitibin Health Agent LR/hlp CERTIFIED MAIL: 70121640 0002 331.2 9779 cc: North Shore Tobacco Control Program Barbara Poremba, Board of Health Chairperson and Members V Board of Health kFownL P��blicHealth P, fit. Promote. Protect. .T This notice is to inform you ttkaf your establishment.violated the Board of Health Sale of Tobacco Products &Nicotine Delivery ProdA$ and/or Environmental Tobacco Smoke(ETS)Regulation. Name;`%e§tablishm4_nt Address . $ � s �'ti "',.. { .wain..,.•._ ev D_aJe of violation Time of violation Minor's age/gender Minor's ID# Uj r(Qrd%nance,Section,&egulation) i (Act Constituting Violation) Narrative information: t06 L., v I V li*;, r I afirm; lder the pains and penaluesof.,perjury,that the above report is true to the best..of my knowledge 'sand beli f. Inspecto� ,gnature) (Print name) VENDORS ATEMEIN,.I acknowledge I received this Violation Notice on 20 a AM(PM afid I am being given a carbon copy of this notice.I als acknowledge that I have been informed$fai'the Peabody Board of Health will provide additional,follow-up information-to this violation notice. Aner/Manager/Clerk( lgnature) (Print name) . If vendor refuses this Notice or if the inspector feels unsafe in delivering it,an explanation must be written on a note attached hereto.'1lilailing ofwthis.Notice is thus required. Contact the North Shore/Cape Ann Tobacco Alcohol Policy Program at 781-586-6821 with questions Establishment-white NSTCP-yellow Board of Health-pink i l. 1TY Ur' I)ALEM, 1VIASSACHUbEl'1'S \U/ BOARD OF HFALTH 120 WASHINGTON STREET 4m FLOOR PubhaHealth f Prevent.Promote.Protect. TEL. (978)741-1800 FAx(978)745-0343 t — MBERLEY DRISCOLL Iramdin@salem.com LARRY RAMDIN,RS/RERS,CHO,CP-FS MAYOR HF,:\LTH AGF',NT February 24,2014 Loring Liquors 70 Loring Avenue Salem, MA 01970 Dear Owner: On Tuesday,January 21,2014 at 4:33 pm personnel from the Tobacco Control Program conducted a compliance check to determine if your permitted establishment would sell a tobacco product to a minor. A 17 year-old female purchased tobacco from a clerk in your store. Documentation is now on file at the Board of Health regarding that sale. Loring Liquors is in violation of Section III(A)of the Salem Board.of Health Regulation Affecting the Sales of tobacco to a minor. According to this section,the sale of cigarettes,chewing tobacco,snuff,or any tobacco in any of its forms to any person under the age of eighteen shall be punished by a fine of ($100.00 Hundred Dollar fine)for the first offense. FOLLOWING THE THIRD(f)OFFENSE,THE BOARD MAY CONSIDER POSSIBLE REVOCATION OR SUSPENSION OF THE PERMIT. The North Shore Tobacco Control Program and the Salem Board of Health have worked with you and your • employees to demonstrate methods to ensure compliance with this regulation. Therefore,you are ordered to pay a fine of$100.00 for the violation stated above. A check or money order payable to the City of Salem must be at the Board of Health office,120 Washington Street,a floor,within ten days of receipt of this notice. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven (7)days of receipt of this Order. At said hearing,you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an.attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in the possession of this Board,and that any adverse party has the right to be present at the hearing. If you have any questions regarding this notification please call me at 978-741-1800. Sincerely yours, Lary Wamdin Health Agent LR/hlp CERTIFIED MAIL:70121640 0002 3312 9793 cc: North Shore Tobacco Control Program Barbara Poremba,Board of Health Chairperson and Members • vBoard of Health P `kHealW, r, It. Promote. Protect.`:' This notice is to inform you that your establishment violated the Board of Health Sale of Tobacco Products • &Nicotine Delivery Products and/or Environmental Tobacco Smoke(ETS)Regulation. t. Name of establishm t Address ; ":A.Iiati..of vio atioril e-of violation Minor's age/gender Minor's 1D# (dipance,Sectioclegulati F [` Act onstitutin Violation) ( g Narrative information: V/ .\"z _ i I affirm,under the pains and penalties of perjury,thli the abgxwreport.is true to the best of my knowledge belief. Inspect nature) (Print name) VE f7 ATEME Ilcnowledge I receives#tXiis Violation Notice on 1 't , 20 - at - Aad, d I am being given a carbon copy of this notice.I also acknowledge that I have n informed that th �Peabody Board of Health will provide additional,follow-up information to this violation notice. Owner/Manager/Clerk(Signaturre) (Print name) If vendor refuses this Notice or if the inspector feels unsafe in delivering it,an explanation must be } written on a note attached hereto.Mailing of this Notice is thus required. Contact the North Shore/Cape Ann Tobacco Alcohol Policy Program at 781-586-6821 with questions • Establishment-white NSTCP-yellow Board of Health-pink ,� Vaa a Vi V1iLLlri' 11ii 1►l V11 ViiV�lr-� ��. BOARD OF HEALTH PIib1lCHealth 0 W 874.1-1800 FAxNGTON 978 r FLOOR 745-0343 Prevent,Promote.Protect. ^� ) ) IMBERLEY DRISCOLL lramdinCa�salem.com LARRY Rr\MDIN,RS/RFFIS,CI-IO,CP-FS MAYOR HEALTH AGENT February 24,2014 My Convenience Grocers 111-113 Lafayette Street Salem, MA 01970 Dear Owner: On Saturday,January 25,2014 at 2:01 pm personnel from the Tobacco Control Program conducted a compliance check to determine if your permitted establishment would sell a tobacco product to a minor. A 17 year-old female purchased tobacco from a clerk in your store. Documentation is now on file at the Board of Health regarding that sale. My Convenience Grocers is in violation of Section III(A)of the Salem Board of Health Regulation Affecting the Sales of tobacco to a minor. According to this section,the sale of cigarettes,chewing tobacco,snuff,or any tobacco in any of its forms to any person under the age of eighteen shall be punished by a fine of($100.00 Hundred Dollar fine)for the first offense. FOLLOWING THE THIRD(3Ro)OFFENSE,THE BOARD MAY CONSIDER POSSIBLE REVOCATION OR SUSPENSION OF THE PERMIT. The North Shore Tobacco Control Program and the Salem Board of Health have worked with you and your employees to demonstrate methods to ensure compliance with this regulation. Therefore,you are ordered to pay a fine of$100.00 for the violation stated above. A check or money order payable to the City of Salem must be at the Board of Health office,120 Washington Street,4"t floor,within ten days of receipt of this notice. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven (7)days of receipt of this Order. At said hearing,you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in the possession of this Board,and that any adverse party has the right to be present at the hearing. If you have any questions regarding this notification please call me at 978-741-1800. Sincerely yours, Larry Ra In Health Agent LR/hlp CERTIFIED MAIL:70121640 0002 3312 9809 cc: North Shore Tobacco Control Program Barbara Poremba, Board of Health Chairperson and Members City l'own -,...:.�.. Board of Health �'tlicHealth n :'t. Promote. Protect. This notice is to inform you that your establishment violated the Board of Health Sale of Tobacco Products Nicotine Delivery Products and/or Environmental Tobacco Smoke(ETS)Regulation. Name of establiAhment l { Address 7kA' , a. ,; violatio Time of of .Minor'S age/gender Minor's ID# AN ^ y , . inance,Secti (Act onsti'ting Violation) Narrati e.•information: r I affirm,under the pains and penalties of perjury,that the above report is true to the best of my knowledge and belief. AAA \ Inspector.,(�Si nature] (Print name) fr �p acknowledge I received this Violation Notice , 2U ...:! at M�I)d I am being given a carbon copy of this notice.I al acknowledge that I have been ed the Peabody Board of Health will provide additional,.follow-up information to this violation notice. r wner/Manager/Clerk(Signature) (Print name) If vendor refuses this Notice or if the inspector feels unsafe in delivering it,an explanation must be written on a note attached hereto.Mailing of this Notice is thus required. Contact the North Shore/Cape Ann Tobacco Alcohol Policy Program at 781-586-6821 with questions Establishment-white NSTCP-yellow Board of Health-pink I BOARD OF HEALTH r 120 WASHINGTON.STREET,40'FLOOR Prevent.Promote.rr.t.oe. TEL. (978)741-1800 FAX(978)745-0343 KIMBERLEY DRISCOLL Iramdinna,salem.com MAYOR - L1RRY R\bIDIN,RS/REHS,Ct10,CP-FS - HEALTH AGENT February 24,2014 Congress Street Market 95 Congress Street Salem, MA 01970 Dear Owner: On Saturday,January 25,2014 at 1:14 pm personnel from the Tobacco Control Program conducted a compliance check to determine if your permitted establishment would sell a tobacco product to a minor. A 17 year-old female purchased tobacco from a clerk.in your store. Documentation is now on file at the Board of Health regarding that sale. Congress Street Market is in violation of Section III(A)of the Salem Board of Health Regulation Affecting the Sales of tobacco to a minor. According to this section,the sale of cigarettes,chewing tobacco,snuff, or any tobacco in any of its forms to any person under the age of eighteen shall be punished by a fine of ($100.00 Hundred Dollar fine)for the first offense. FOLLOWING THE THIRD(3R.)OFFENSE,THE BOARD MAY CONSIDER POSSIBLE REVOCATION OR SUSPENSION OF THE PERMIT. The North Shore Tobacco Control Program and the Salem Board of Health have worked with you and your i employees to demonstrate methods to ensure compliance with this regulation. Therefore,you are ordered to pay a fine of$100.00 for the violation stated above. A check or money order payable to the City of Salem must be at the Board of Health office, 120 Washington Street,a floor,within ten days of receipt of this notice. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven (7)days of receipt of this Order. At said hearing,you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in.the possession of this Board,and that any adverse party has the right to be present at the hearing. If you have any questions regarding this notification please call me at 978-741-1800. Sincerely yours, Larry F&nibn Health Agent LR/hlp CERTIFIED MAIL:70121640 0002 3312 9786 cc: North Shore Tobacco Control Program Barbara Poremba, Board of Health Chairperson and Members City..M `- fit: -Board of Health ; � PUblicHealth %t. Promote. Protect. This notice is to inform you that your establishment violated the.Board of Health Sale of Tobacco Products &Nicotine Delivery Products.and/or Environmental Tobacco Smoke(ETS)Regulation. Name o e-stablishment w Address - . ,. J 9 D of vio tion_ tune of violation Minor's age/gender, Minor's ID# (Ordinance,Sectio Ake- - a"o`nv),� (iG Cons tu ing Violation) Narrative information: \A4\-Li v c,)'A V� I ,u te�pam penalties of perjury,that the above report is true to the best of my knowledge sp r(Sigit�iture) (Print.name) VENDOR STATEMENT:I acknowledge I received this Violation Notice on , 20 at AM/PM and I am being given a carbon copy of this notice.I also acknowledge that I have been informed that the Peabody Board of Health will provide additional,follow-up information to this violation notice. Owner/Manager/ lerk(;Ignature) (Print name) If vendor refuses this Notice or if the inspector feels unsafe in delivering it,an explanation must be written on a note attached hereto.Mailing of this Notice is:thus.required. Contact the North Shore/Cape Ann Tobacco Alcohol Policy Program at 781-586.6821 with questions Establishment:white NSTCP-yellow Board of Health-pink W 1,11 Y Ur JALr.tv1, 1V1A33Ak-r1 UJIJ 1 1 L BOARD OF HEALTH Health 120 A ING ON STREET, m FLOOR P��mote.Protect. d- . \ ) \ ) 6 - ERLEY DRISCOLL 1tamdhi@sa1em.COm = LARRY ILIMUIN,RS/R1HS,CHU,Cl)-I'S MAYOR HEALTH AGENT February 24, 2014 White Dove Market 59 Loring Avenue Salem, MA 01970 Dear Owner: On Monday January 21,2014 at 4:44 pm personnel from the Tobacco Control Program conducted a compliance check to determine if your permitted establishment would sell a tobacco product to a minor. A 17 year-old female purchased tobacco from a clerk in your store. Documentation is now on file at the Board of Health regarding that sale. White Dove Market is in violation of Section III(A)of the Salem Board of Health Regulation Affecting the Sales of tobacco to a minor. According to this section,the sale of cigarettes,chewing tobacco,snuff,or any tobacco in any of its forms to any person under the age of eighteen shall be punished by a fine of ($100.00 Hundred Dollar fine)for the first offense. FOLLOWING THE THIRD(3RD)OFFENSE,THE BOARD MAY CONSIDER POSSIBLE REVOCATION OR SUSPENSION OF THE PERMIT. The North Shore Tobacco Control Program and the Salem Board of Health have worked with you and your j • employees to demonstrate methods to ensure compliance with this regulation. Therefore,you are ordered to pay a fine of$100.00 for the violation stated above. A check or money order payable to the City of Salem must be at the Board of Health office,120 Washington Street,0 floor,within ten days of receipt of this notice. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for such a hearing must be received in writing in this office of the Board of Health within seven (7)days of receipt of this Order. At said hearing,you will be given the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in the possession of this Board,and that any adverse party has the right to be present at the hearing. If you have any questions regarding this notification please call me at 978-741-1800. Sincerely yours, C� Lary Fbiftin Health Agent LR/hlp CERTIFIED MAIL:70121640 0002 3312 9755 cc: North Shore Tobacco Control Program Barbara Poremba, Board of Health Chairperson and Members Board of Health City/T wn �' : M t ��licHealth �er.:at. Promote. Protect: �""~This no Y ---- notice is to inform you that your establishment violated the Board of Health Sale of Tobacco Products &Nicotine Delive Products and/or Environmental Tobacco Smoke(ETS)Regulation. Name of establishment Address 1 f vio lion Time of vio atio r Minor's age/ ender Minor's ID# finance Section, .eOation �-- 5 _ (Act Constituting Violation) Narrative information: r `•r � � �� � above e rt is true to-.the best of my knowledge I affirm,under the p ' and-ptntties of p ury,that the pow and belief.. �. Print name` Inspector(S nature) ) 204(- . I acknowledge I received this Violation Notice o n , VE1D R TF.MEI' S. at AMQPM ao I am bein given a carbon copy of this notice..I4alsogkup infoge that I have been info ed e-Peabody Board of Health will provide additional,follow-up info that to this violation notice. 1 O ture) (Print name) If vendor refuses this Notice or if the inspector feels unsafe in delivering it,an explanation must be written on a note attached hereto.Mailing of this Notice is thus required. Contact the North Shore/Cape Ann Tobacco Alcohol Policy Program at 781-586-6821 with questions Establishment-white NSTCP-yellow Board of Health-pink luCI'I I OF SALE, ���SSACHUSE 1"I S BOARD OF HEALTH PublicHealth 120 N'1SHINGTOIv STREET,4""FLOOR Prevent.Promote.Protect. TEL. (978) 741-1800 F:ix(978) 745-0343 KIMBERLEY DR.ISCOLT_ 4 lramdin(@salem.com Dr. Barbara Poremba Ed. D MPH MAYOR � Chair, Board of Health February 13, 2014 Councilor Robert McCarthy President E Salem City Council City Hall, 93 Washington Street, Salem, MA 01970 Dear Councilor McCarthy RE: Home Rule Petition Request to repeal, Chapter 654 of the Acts of 1972 At a Salem Board of Health Meetin';held on January 8, 2014 at City Council Ante Room, City Hall, 93 Washington Street, Salem. The Salem Board of Health approved a motion to request the Salem City Council to approve a Home Rule petition to repeal special act, Chapter 654 of the Acts of 1972 *tion: A request shall be sent to'City Council to approve a home rule petition for submission to the Massachusetts legislature to repeal special act, Chapter 654 of the Acts of 1972. The repeal will effectively reduce the size of the Salem Board of Health to 3 members in keeping with MGL Chap 111§26. Motion made by: Dr. Shama Alam, Seconded by: Gayle Sullivan Voted: Martin Fair Yes I Gayle Sullivan Yes Dr. Shama Alam Yes Dr. Barbara Poremba Yes Motion voted 4- O motion passed I i Therefore, the Salem Board of Health requests that the city council approve a request for a home rule petition to repeal Chapter 654 of the Acts of 1972. Please feel free to contact me if I can provide any further assistance. Respectfully submitted Wrry A. Ramdin alth Agent IN PHILIP J. LA MONICA COUNSELOR AT LAW 150 MARKET STREET LYNN,MA 01901 (781)593-3266 Fax(781)593-3269 4 February!18,2014; City of Salem,Massachusetts Board of Health 120 Washington Street,4'"Floor Re: Salem'Grill'Z'Chickewand'Nort_h ShQre;fabacco Control"Program,Wd ? {Salem Board.of Health, Dear Sir/Madam: (1 Please be advised that I represent Salem Grill Z Chicken and Mr. Asim Mushtag in the above referenced matter. Thank you. VeryAtrulyoPJL/bm Philia `PrIILIP J:LA'MONICA' COUNSELOR AT LAW 150 MARKET STREET LYNN,MA 01901 (781)593-3266 Fax(781)593-3269 -February 20, 2014 City of Salem Board of Health 120 Washington Street 4`h Floor Salem,Massachusetts 01970 RE: Revocation oftobacco permit-of Asim"Mushtag`from Salem-Grill"Z Chicken 105 Lafayette-Street, Salem, MA 01970 on February 11,2014 Dear Sir/Madam: Please be advised that I represent Mr. Asim Mustag from SalemGrill Z Chicken located at 105 Lafayette Street, Salem, MA 01970. Kindly, reconsider the decision to revoke the tobacco permit of Asim Muhstag that was issued on February 1 l, 2014. Thank you for your cooperation in the above referenced matter. PJL/bm Very truly yours, Philip aMonica RECtrIv I-, '.. i, Lvi CITY Oi= SALEM BOARD OF HEALTH • CITY OF SALEM, MASSACHUSEITS IV BOARD OF HEALTH 120 Wf1SHINGTON STREET,4"FLOOR PW)HcHeafth TEL. (978)741-1800 R. x(978)745-0343 Prevent.Promote.Protect KIMBERLEY DRISCOLL lramdin(a-)-salem.com L,1RRY RARilllN RS liia 1S CI1 ) Cl'-I'ti MAYOR > / a C a Hh.ALTI I AGENT On February 11, 2014 at the Board of Health meeting a tobacco violation hearing was held for Asim Mushtaq from Salem Grill Z Chicken 105 Lafayette Street Salem MA 01970. The following motion is from the draft minutes of the meeting; Motion-Dr. Ledoux motioned to revoke the tobacco permit to7take effect on February 24,2014 and pay the; $300 fine 2nd by Dr.Alain _ _. All in favor-:-Chair abstains from vote _) • i -p Heather yons-Paul Clerk ofthe Board Salem Board of Health • Philip J La Monica Esq Fax:781-593-3269 ; Mar 1-2014 01:36pm P001/010 LAW OPFI. CE OF PH1LI•P J . Lkrj0NICA, 150 NIAREET STREET •� LYNN , MA 01901 (781) 593 - 3266 (781) 593 - 3269 FAX FACSIMILE TRANSMITTAL SHEET PRO&& x0:1�'Ir; ; Ramtdin 1p'ljpJ,U'Mon1Ca,Esg, TOTALNO,OF PAGES INCU:I)ING COVER' Fam: 1-978,745-0343 10 ?};QI�E D;UAQiFA: ,RE:�eDQ GrM Z C;Wdcen/Asim. YOUR FEFERENCfi NuhtBER t 1�Iushtas� -_ PLEASE COMMENT X PLEASE REPLY PLEASE RECYCLE Dear Mr. Raraadin: Pursuant to our last cOnvetsarion, please find enclosed the • couatesc copy of the cowplaint I filed ova behalf of tuy clieut Asun Mushtag in Essex Supedor Court cm Febwary 24,2014. 'l'baj3k you very much_ Philip J.LalVlonica • PHJLLAM0N1CA@VERIZ0N.NET Philip J la Monica Esq Fax:781-593-3269 Mar 1 201d 01:36pn P002/010 COMMONWEALTH OF NIASACHUSETTS ESS>EX, SS. 'Superior Court Departme"t 79 rA SIM1. SJUSHr� ? ) .k, On behalf of SALEM GRILL Z ) Plaintiff. SALEM BOARD Ol~fiEALTH _Defendant-, } ��• � PLAINTIFF'S APPEAL ]FgoM BOAM OF HEALTH'S ADMINISTRATIVE DECISION • INTRODUCTION The plaintiff. Salem Grill Z Chicken, ("Grill Z), appeals pursuant to G.L. c. 30A, § 14, from a decision by the Salem Board of Health ("Board")to its tobacco permit and impose a $300 fine, both to take effect on.February 24, 2014. According to the Sateen Board of Health, Grill Z committed four violations of the Salem Board of Health Regulations Affecting the Purchasing of Tobacco Products (".Regulations"), which warranted the revocation of Grill Z's tobacco permit. As will be discussed, this decision was unsupported by substantial evidence. See G.L. c. 30A, § 14(7)(e). 1 i I I Philip J La Monica Esq Fax:791-593-3269 Mar 1 2014 01:36pm P003/010 STATEMENT OF THE CASE • Salem Grill Z Chicken is owned.and operated by Asirn Mushtaq, who bungs this appeal on behalf. of Salem, Grill Z Chicken. Grill Z is located at 105 Lafayette Staeet in Salem, Massachusetts. Mr. Mushtaq purchased Grill Z in 2012. Mr. Mushtaq applied for and received a permit from the Board to sell tobacco at Grill Z. On.February 11, 2014 the Salem Board of Health held a hearing regarding Grill. Z. In a letter sent to Mr. Mushtaq, he was informed that a member of the Board had moved to revoke Grill Z's tobacco pennit and impose a $200 fine, both to go into effect on February 24, 2014. This motion was seconded by another Board.member and received unanimous approval. • The Board based its decision to revoke Grill Z's tobacco license on five alleged violations of the Regulations. However, the first violation occurred on July 12, 2012 while Grill Z was, under previous ownership. According to the Board, on that date, a fifteen-year-old male purchased cigarettes from a clerk.. This sale violated the Salem Board of Health Regulation Affecting the Purchase of Tobacco prociucts.' The previous owner of Grill Z gave Mr. Mushtaq $100 in cash to pay the fine, and Mr. Mushtaq sent a clieck to the Board to pay the fine. Tlu.s alleged violation by the previous owqjer was committed before the current Salem Board of i t-lealth Regidations Affecting the Purchase of Tobacco Products mere enacted_ Those regulations took effect on September 1, 2012.. According to the letter sent by the Board, Grill Z was in • 2 Philip J La Monica Esq Fax:781-593-32.69 Mar 1 2019 01:36pm P004l010 On February 25, a Grill Z clerk sold a sixteen-year-old.gale tobacco. This sale was a violation of the Salem Board of Health Regulation Affecting the Purchase of Tobacco Products, specifically by selling these products to a zninoi-. The letter sent to Grill Z stated clearly that this was the fu•st offense, and Grill.Z was ordered to pay a $100 fine. Mr. Mushtaq promptly paid this fine. The Tobacco Control Program of the Board conducted a compliance check on October 2, 2013 to detern jne if Grill Z Would sell tobacco products to a minor. No sales were made to the minor. However, a Control Program representative found six boxes of blunt wraps under the counter. According to the Board's letter. to Grill Z,, this was the establishment's second offense, and the Board imposed a seven-day suspension of Grill. Z's tobacco perm.%t and a �20{) fine. Mr. lVtushtaq • promptly paid the fine for. Grill Z. lvtr. Mushta was as required to attend a meeting of the Board, and he complied with this.request. The final alleged violations occurred on January 25, 2014, when a.Grill Z clerk sold tobacco products to a seventeen-year-old female. Additionally, the Board .found that Grill Z posted incorrect cigar pricing and packaging. The Beard's letter. to Grill Z stated that this was the establishment's fourth offense of selling tobacco to a minor and incorrect pricing mid packaging of cigars. According to that � violation of Section iII(.a)of the Board's regulation,and according to this section, "the sale of � cigarettes, chewing tobacco,snuff', or any tobacco m any of its forms to any person under the age of eighteen shall be punished by a fine of($100.00 Hundred Dollar fine)for the first offense." 3 Philip J La Monica Esq Fax:781-593-3269 Mar 1 2014 U1:3bpm PUU51UlU section of the Salem Board of Health Regulations, this was punishable by a $3(.}0 fine and revocation of Grill Es tobacco permit. ARGUMENT Standard of Retqew Mass. Gen. Laws, ch. 30A, § 14(7)provides the applicable standard of review for appealing administrative decisions: (7) The court may affirm the decision of the agency, or remand the matter for further proceedings before the agency; or the court may set aside or modify the decision, or compel any action. unlawfully withheld or unreasonably delayed, if it determines that the substantial rights of any party- may have been. prejudice because the agency decision is— (a) Ira, violation of constitutional provisions; or (b) In excess of the statutory authority or jurisdiction of the agency; or (c) Based upon an error of law; or • (d) Made upon unlawful procedure; or (e) Unsupported by substantial evidence; or (f) Unwarranted by facts found by the court on the record as submitted or as amplified under paragraph (6) of this section, in those instances where the court is constitutionally required to make independent findings of fact; or (g) Arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law. In this case, the Board-made a decision that was "unsupported by substantial evidence," in violation. of G.L. c. 30A, § 14A(7)(e). Accordingly, this court should set aside the :revocation of Grill Z's tobacco permit. • 4 Philip J La Monica Esq Fax:781-593-3269 Mar 1 2014 01:36pm P006/010 I. THE BOARD'S DECISION TO REVOKE GRILL Z'S TOBACCO • LICENSE WAS UNSUPPORTED BY SUBSTANTIAL EVIDENCE. The Board based its decision to revoke Grill Z's tobacco license on five alleged violations Of the Regulations: the July 12; 2012 violation of selling cigarettes to a minor, which occurred before Mr. Mushtaq purchased the store and acquired his permit to sell. tobacco; the February 25, 2013 violation of selling tobacco products to a minor, the October 2, 2013 violation of"selling" blunt wrappers found under Grill Z's counter; and two violations on January 25, 2014 of selling tobacco to a minor and incorrect cigar pricing and packaging. The Board's .revocation of Grill Z's tobacco license, however, was unsupported by substantial evidence. Namely, the first violation on July 12, 2012 should not have been attributed to Grill Z because Mr. .Mushtaq was not the tobacco permit holder. Additionally, there was no evidence presented to the Board that Grill Z either sold or distributed the.blunt-wrappers discovered under Grill, Z's counter on February 25, 2013. In these circumstances, the evidence before the Board failed to establish the requisite number of violations. A. The Board Erred In Attributing The First Violation Of Selling Tobacco To A. Minor To Grill Z. Mr. Mushtaq purchased Grill Z and acquired the permit to sell tobacco at Grill Z after the first alleged violation of selling tobacco to a minor. Tb.erefore the Board erred in attributing the violation to Grill Z's current tobacco permit holder. • J I Philip J La Monica Esq Fax:781-593-3269 Mar 1 2014 01,36pm POU/010 According to the Regulations, "tilt shall be the responsibility of the establis$rent, permit holder and/or his or her business agent to ensure compliance with all sections of this regulation pertaining to his or her distribution of tobacco and/or nicotine delivery products." Section P(1). Further, the Regulations provide that a Permit folder is "[ahoy person engaged in the sale or distribution of tobacco or ni.coti.ne delivery products directly to consumers who applies for and receives a tobacco and nicotine delivery product sales permit or any person who is required to apply for a tobacco and nicotine delivers,product sales permit pursuant to these regulations, or his or her business agent." Section G. Accordingly, each violation, under the Regulations would be attributed to the permit holder.who holds the tobacco license, Mr. Mushtaq was not the permit holder when the Board attributed • the first violation to Grill Z. While Mr. Mushtaq may have paid the fine, this does not mean that the violation was made during the time.be held the tobacco permit. Given that the first violation vvas attributed to another holder of the tobacco permit, the Board erred in attributing the violation to Grill. Z when deciding whether to revolve the establishment's tobacco peralit. B. The Board Erred In Finding Grill Z In Violation Of Section. G Of T-he Regulations, Namely, Selling Or Distributing Blunt Wrappers. Grill Z did not sell or distribute the blunt wrappers found under the counter on January 25. 2014. Instead, the wrappers were stock leftfrom the previous owner of Grill Z that Mr. Mushtaq had not yet disposed of The wrappers were not on Philip J La Monica Esq Fax:781-593-3269 Mar 1 2014 01:36pm NUNNIO display to customers, Grill Z did not display signs advertising the sale of the N"Tappers, and the establishment did not have a rice associated octated withh the uppers' potential sale to customers. Therefore, Grill Z neither sold nor distributed the blunt wrappers, ill violation of Section G. The Board of Health.Regulations states that "[n]o person or entity skull sell or distribute blunt wraps with the City of Salem."Section G. However, the Definitions section of the regulation does not include a definition of"sell" or "distribute" as used in the Regulations. See Sectiofa C ,Definitions, According to Webster's dictionary, the definition of sell is "to exchange (something) for money; to make (something) available to be bought; to be able to be bought for a particular Price," !Merriam-Webster, wtivtiv.rserf-iam-webster.corivdic:tioi7ary (last visited Feb. • ?3, 2014). Similarly, Webste. '- ii r 5 dunes distribute" as "(1.)to divide among several or many; (2)(a)to spread out so as to cover something; (b)to give out or deliver especially to members of a group; (c)to place or position so as to be properly apportioned over or throughout an area; (d) to use (a term) so as to convey in orntation about every member of the class named; (3)(a) to divide or, separate especially into kinds; (b) to return the units of(as typeset matter) to storage; (4)to use in or as an. operation so as to be xuathermticaliy distributive."Id. It is clear that Grill Z neither sold nor distributed the blunt wrappers the Board found underneath the counter. The Violation Notice included with the letter. Philip J La Monica Esa Fax:781-593-3269 star 1 2014 01:37pm P009/010 to Grill Z .for this alleged violation did not include any information suggesting; otherwise, but noted merely, " lunt Wraps pS under taunter. 6 boxes." k s. In the absence of evidence of sale or distribution,the Board erred in finding that Crill Z sold or distributed them in violation of Section G of the Regulations. It was an error for the Board to consider this violation in its deten nination to revoke Grill Z's tobacco license. Especially where the first alleged sale to a minor occurred prior to Mr. Mushtaq's purchase of the business, the Board's decision was unsupported by substantial evidence, CONCLUSION WRFREFORE, Grill. Z, prays that this Count reverse the decision of the Salem Board of Health revoking its license to sell tobacco. • Respectfully Submitted, ,Asirn Mushtaq On behalf of Salem. Grill Z Chicken, i By his attorney, j `• f I j 1 i Philip T. La Monica BBO 4 284030 150 Market Street Suite 2 Lynn, M_A 01901 (781) 593-3266 8 Philip J La Monica Esq Fax:781-593-3269 Mar 1 201d 01:37pm P010/01U TRIAL COURT OFAAASSACHUSETTS CIVIL ACTION COVIE-Ft SH(EETj SUPER] R COURT Df .ARTMENT DOCKET NO.�` PLAINTIFF(S) 09tr NDA.NT(S) Plaintiff Atty Type Defendant's Attorney Natne Defendant Atty Address '�• • -Add+e - .�� CityE49 State zip cads c],y _. .? ;;; ' Zip CodeE:=] Tel. iC B84ir - .� E-O.E.AC.LLONAN"u3'.IFACKII>;$Y"' ��c$X�'e side) ._ CODE NO. TYPE OF ACTION(specify) TRACK IS TBa A JURY CASE? Yes ] No The foiloww' g is.a full,i mixed al detailed statement of the facts oxi sybich plaintiff relies to deterlgititte money daulages. For this form,disregard double or treble damage claims; indicate single damages ouly. 52RT(MA31VC5. . (Attach additional•sheets as uecessary) ' A_ Documented medicz1 expenses to date: - $ 1. Total hospital expenses $ 2. Total doctor expenses $ I Total chiropractic expenses 4. Total physical t$erap expenses S. Total-other-expenses Idescribe) Subtotal R. Documented lost wages and.compensation to date C. Documented properfy damages to date A Remonably anticWated future t1Aed1cal expenses � E. Reasonably antictpateii lost wages and corn elRsatiotl to.daft F. Other documented items of damages(describe) $ G. Brief description of plaintiff's injury,including nature and extent of injury(describe) . Total$ 96 i4un IA ` 1` t1 l CC 0 .co IL (A:ttacb additibnaksheets as,"nece$ssry) Profit ide a detailed description of clalm(s): TOTAL $................ PLEASE IDENTIFY,BY CASE NUMBER,NAME AND COUNTY,An RELATED:9.CxION PENDING IN THE SUPERIOR COURT DEPARTMENT e udicial Court Uniform Rides on Dispute Resolution(SK "I hereby ror�3'that I have cnmpued with the requremegtS o le 5 Of the Supreai .P •Rule 1:18)requiring that I providc my c' i �on tit gouz-t-connected dispute resoin6ou sen ices and discus with them t advantage.,and disadvaot9ges of the x Signature of Attorney of Record Date: ^ r a.t).S•C•3-2007 (TO PLAINTIFF'S ATTORNEY: Please Circle Type of Action Involved: TORT - MOTOR VEHICLE TORT- CONTRACT - EQUITABLE RELIEF OTHER.) COMMONWEALTH OF MASSAC SETTS EssEx ss. SUPERIORCOURT �^ CIVILACT70N /Q� .. i 7 4e. .� .�y...�. .. 1�tC _n .. ........................P' +.. laintiff(s) L L V. J :! r� C tr - .. . z v ................... ......�.... ...� ....... ��..........................Defendants) �v s r SUMMONS G � To the above named Defendant: You are hereby summoned and required to serve uponti` ,i Lz� ti t 1 Cj *,C q plaintiff's attorney, whose address i& 4 an answer to the complaint which is herewith served upon you. within 20 days after service of this summons upon you,exclusive of the s day of service.if you fail to do so,judgment by default will be taken against you for the relief demanded in the • L complaint.You are also required to file your answer to the complaint in the office of the Clerk of this court at c either before service upon plaintiff's attorney or within a reasonable time thereafter. = f AUnless otherwise provided by Rule 13(a),your answer must state as a counterclaim any claim which you may 0 have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's J L claim or you will thereafter be barred from making such claim in any other action. =. w a c WITNESS, BARBARA J.ROUSE Esquire,at Salem,the da s 3 Y of , in the year of our Lord two thousand c o r a, r G G z TRUE ATTEST COMP y 3-,yL DEPUTY SHERIFF - Clerk' Z 8 S NOTES: ti 1.This summons is issued pursuant to Rule 4 of the Massachusetts Rules of dvi rocedure. • 2.When more than one defendant is involved,the names of all defendants should appear in the caption. If a separate summons is used for each defendant,each should be addressed to the particular defendant PROOF OF SERVICE OF PROCESS i I hereby certify and return that on , 20 , I served a copy of the within summons, together with a copy of the complaint in this action, upon the within-named defendant, in the following manner(see Mass. R. Civ. P. 4 (d) (1-5): Dated: 20 N.B. TO PROCESS SERVER:- PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN THIS BOX ON T HE ORIGINAL AND ON COPY SERVED ON DEFENDANT. 00 • F � z07 W P � 4' w U , o Q cr J i > J n Q � vV, Uz Wx 0 w O ' 3U C G Z d En o X LTJ CITY OF SALEM I. LEGAL DEPARTMENT 93 WASHINGTON STREET•SALEM,MASSACHUSh M. 01970 11j�L:978-745-9595♦FAx:978-744-1279 KiMBf:RL.EY DRisCOI_L ELIZABETH RENNARD,ESQ• ROBIN STI3IN,1 SQ. MAYOR CITY SOLICITOR ASs f.CITY SOLICITOR To: Larry Ramdin, Health Agent Board of Health ' From: Elizabeth Rennard oC¢ Re: Reguest'for Re-hearing.-Glill.Z,Asim M_ ushtaq-. Date: March 11, 20141 I received a visit today from the attorney representing Grill Z regarding their efforts to regain the ability to sell tobacco products. According to their attorney and as laid out in their complaint for judicial review, Grill Z will challenge in court the issuance of a fine for storing blunt wrappers they allege were not for sale and for including this violation as a second offense which led to the revocation of their permit. They are requesting,as you know,that the Board grant their request for a re-hearing on this matter where they will request that the Board issue a suspension of no more than 30 days and a re-instatement of the permit. The history of violations, 1 believe, is as f©Mows • f July 12;2012:`Viilationpiio'r to�urrent'ownership. 15 year old male boughs t tobacco from previous owner,however, fine was paid by Asim Mushtaq. Not' considered in revocation of license-to sell tobacco products. • February 25,2013: Violation for sellingto a l b year,old male:Asim Mushtaq paid the$100 fine.(Offense 1) _ • October 2,2013: Six.boxes ofblunt wrapper under the counter in violation of J 1 Section G if the Salem Board.of Health Regulation—s. Asim Mushtaq paid the ,,$200 fine and served a seven-day"suspension. (Offense 2) This fine was not-,' appealed within the requisite time period • January 25,2014: Violations for selling tobacco to`a 17 year old,female and ' -incorrect prices and packaging for cigars: Revocation.and $300 fine imposed. -(Offense 3 and 4) It does appear from the record that the Board acted within its authority to revoke the tobacco permit. However,the Board has before it a request for a re-hearing and may consider granting such a re-hearing to hear arguments from Grill Z's counsel relative to the allegations found in the complaint for judicial review. Should the revocation remain in effect,this Department shall defend the Board's actions in any future court proceeding. Please note that any denial of a re-hearing must be sent in writing to the petitioner. Please contact me if you have any questions or concerns. • e CITN' ON SALEM, MASSACHUSETTS V BOARD OF HEALTH PWWCHealth • 120 WASHINGTON&rRF-ET,4"'FLoOR Prevent.Promotr.Protect. TEL. (978)741-1800 FAx(978)745-0343 KIMBERLEY DRISCOLL ]ramdin(@salem.com Dr. Barbara Poremba Ed. D MPH MAYOR Chair,Board of Health March_18,,2014 ,(- _ _ "-— Mr. Phillip La Monica 150'M_rket.Street- ' a "`- ynn,MA,.01901 Dear Attorney LaMonica, _ Request for a rehearing of revocation`vf Salem GrillZ Retail Tobacco Sales Permit The Salem Board of Health met ob March`I I, 2014"at 120 Washington.Street and considered your request to reconsider the revocation of your client Salem Grill Z Chicken, Tobacco Sales Permit. The Board has discussed the issue and voted to deny your request for a rehearing. Yours Very Truly •Larry Ramdin Health Agent Salem Board of Health , f, f • COMMONWEALTH OF MASSACHUSETTS ESSEX,ss. SUPERIOR COURT DEPARTMENT ESCV 2014-00279 ASIM MUSHTAQ ) LOn.behalf of SALEM GRILL,Z, ) ('- Plaintiff ) V. } rSALEM'BOARD OF}_HEALTH,. Defendant. ) JOINT STIPULATION OF DISMISSAL WITH PREJUDICE Now comegthe'parties to the above-captioned actioniand hereby,stipulate pursuant.to tMass.R:Civ:P. 41(a)(1)(1 ),,that the Complaint shali_be dismissed forthwith with'prejudice, , t without costs.or attorneys'-fees to any-party, and,witli rights of appeal hereby waived by-all ( parties. Respectfully submitted, Respectfully submitted, Asim Mushtaq Salem Board of Health On Behalf of Salem Grill Z By its attorney By his attorney �' /i�m 4-�,, Nt&f Philip J. LaMonica,Esq. Victoria B. Ca dwell,Esq. BBO#284030 BBO#549848 150 Market Street,Suite 2 Assistant City Solicitor Lynn, MA 01901 City of Salem Legal Department Tel: (781)593-3266 93 Washington Street Fax (781) 593-3269 Salem, MA 01970 phiIlamonica@verizon.net Tel: (978) 619-5634 Fax: (978) 744-1279 vcaldwell@salem.com DATED: July 9, 2014 4 I z Commonwealth of Massachusetts + County of Essex The Superior Court • Civil Docket ESCV2014-00279A RE: Mushtaq v Salem Board of Health TO: Elizabeth Rennard, Esquire City Hall 93 Washington St Salem, MA 01970-3402 CLERK'S NOTICE This is to notify you that in the above referenced case the Court's action on 07/09/2014 � r _ h-prejudice,RE: JO.�nc. Stipulation •of dismissal with wsthou't_ costs filed 7/8/14 � is as follows: Motion (P#10) ALLOWED (David Lowy, Justice) 7/8/2014 Notices mailed 7/9/2014 Dated at Salem, Massachusetts this 9th day of July, • 2014. Thomas H. Driscoll Jr., + Clerk of the Courts BY: Carlotta McCarthy Patten Assistant Clerk Telephor ;�'�} 325•UUV Copies mailed 07/09/2014 • Disabled individuals who need handicap accommodations should contact the Administrative Office of the Superior Court at(617)788-8130-- cvdresult_S.-pd 1266576 motaliow matuzare y: Community Fact Sheet r? - ,' Salem, Massachusetts Updated 03/07/14 Data Sources Smoking figures are small area estimates based on data from the 2009 Behavioral Risk Factor Surveillance System, Massachusetts Department of Public Health. Figures on smoking during pregnancy are based on 2006 to 2010 Births (Vital Records), Massachusetts Department of Public Health. The number of completed screeners from the QuitWorks program and calls to the Massachusetts Smokers'Helpline is based on data collected by the Massachusetts Tobaccco Cessation and Prevention Program from fiscal years 2009 to 2013. The rate of illegal sales to minors is based on 107 compliance checks performed during fiscal year 2012 and 2013. Rates of lung cancer incidence are based on age-adjusted rates from 2005 to 2009 Cancer Registry maintained by the Massachusetts Department of Public Health. Figures on lung cancer mortality are based on comparability modified age-adjusted rates for 2006 • to 2010 (Vital Records),Massachusetts Department of Public Health. OF Massachusetts Department of Public Health V � Tobacco Cessation and Prevention Program �� (617) 624-5900 www.mass.gov/dph/mtcp u, Community Fact Sheet k f Salem, Massachusetts Updated 03/07/14 Cigarette Smoking o /o of Adult Smokers An estimated 7,734 smokers live in Salem(18.9% of 40 adults,age 18+). The adult smoking rate is 26% higher in Salem than 30 statewide (18.9% in Salem compared to 15% 18.9 statewide). 20 15 Y The rate of smoking during pregnancy in Salem is 10 about the same than statewide (7% in.Salem compared to 7/ statewide). o Salem MA QuitWorks From July 2009 to June 2013, 69 smokers enrolled in QuitWorks, a program for clinicians to refer their patients to the Massachusetts Smokers' Helpline. In addition, 215 people from Salem called and completed an intake with the Massachusetts Smokers'Helpline to quit smoking. Illegal Tobacco Sales to Minors The rate of illegal sales to minors (those under age.18) is 86% higher in Salem (20.6%) compared to • the state of Massachusetts (11.1%) based on date from fiscal years 2012 and 2013. Health Effects of Smoking Lung cancer incidence is 27% higher among males in Salem compared to the state of Massachusetts. The age-adjusted lung cancer incidence (per 100,000) for males is 104.4 in Salem compared to 82.2 in Massachusetts. Lung cancer incidence is 8% lower among females in Salem compared to the state of Massachusetts. The age-adjusted lung cancer incidence (per 100,000) for females is 60.5 in Salem compared to 65.5 in Massachusetts. Mortality from lung cancer is 9% higher in Salem compared to Massachusetts. Massachusetts Department of Public Health • Tobacco Cessation and Prevention Program Make smoking history. (617) 624-5900 www.mass.gov/dph/mtcp F�*OF�� r Suzanne Doty RN, BSN Salem Board of Health Public Health Nurse Public Health Nurse Report Reporting on February 12ch-March 11, 2014 Disease Prevention • Investigated reportable diseases and reported case information to MDPH • In contact with North Shore Pulmonary Clinic and MGH pulmonary clinic on current active tuberculosis cases • Scheduled class with the Emergency Preparedness coalition for N95 fit test training Health Promotion • In the process of preparing for the Head Start Health Fair that will be taking place on March 131h. • Discussed health promotion planning for the Council on Aging with activities coordinator, Fay Ventouris. Meetings/Training • Oriented on Tuesday February 18'h with Chassea Robinson in Peabody • Oriented on Wednesday February 19`h with Pam January and M.J. Duffy in Lynn • Attended Lifebridge tour with Dr. Barbara Poremba and Salem State Nursing students, introduction to Lifebridge clinical manager nurse Valarie Sweeney on Thursday February 20th • Oriented with Marblehead PHN and former Salem PUN,Tracy Giarla, in Marblehead on Monday February 241h • Received Tuberculosis management training from Regional Tuberculosis Nurse Jo-Ann Keegan on February 27ch. • Attended Mass in Motion meeting to discuss developments and plans for health promotion within the community. • Attended Clinical Update:Meeting the Challenges of Managing TB with New Tools of the Trade on February 261h • Attended North Shore React quarterly meeting on March 6"' • Attended quarterly meeting at the North Shore Pulmonary Clinic to discuss management and planning for current DOT cases on March 7"'. Monthly Report of Communicable Disease February • Disease #Of Cases New Carry Over Discharged Running total Total for 2013 Reported for 2014 Tuberculosis 3 0 3 0 4 2 (Active) Latent 5 5 0 5 16 44 Tuberculosis* Malaria 1 0 1 0 1 0 Calicivirus/No 1 0 1 0 1 0 rovirus Group B 0 0 0 0 1 2 Streptococcus Meningitis 0 0 0 0 2 0 Hepatitis C* 1 1 0 1 2 37 Influenza* 5 5 0 5 14 62 Lyme 0 0 0 0 0 8 Disease* Campylobacte 0 0 0 0 0 15 riosis Giardiasis 0 0 0 0 0 2 l • Shigellosis 0 0 0 0 0 2 Group A 0 0 0 0 0 1 Streptococcus Streptococcus 0 0 0 0 0 1 Pneuomoniae West Nile 0 0 0 0 0 1 Sahnonellosis 0 0 0 0 0 3 Legionellosis 0 0 0 0 0 1 Vibrio 0 0 0 0 0 1 Haemophilus 0 0 0 0 0 1 Influenzae Enterovirus 0 0 0 0 0 1 Pertussis 0 0 0 0 0 2 Hansen's 0 0 0 0 0 1 Disease Total 16 11 5 11 41 187 *Notifications only, LBOH not required to follow up or investigate per DPH. • Summary of Current Communicable Diseases TB: Case#1: Case continuing with DOT visits daily, compliant and feeling well. Case#2: Case changed to 1 per week DOT visits, very compliant and feeling well. Case#3: Case moved to Salem in early February and has been on DOT visits since November. Daily DOT visits began in Salem upon notification of arrival on Monday February P. Patients DOT appointments are on Mondays, Wednesdays and Fridays. Continues to be compliant with all medications, using medication box properly and is attending all appointments. 1 Case of probable LBTI reported last month, sputum culture still pending to rule out active TB and the patient is continuing to be seen by NSMC pulmonary clinic. Malaria: Case#1: Case was reported on February 8th, investigation is still in progress. At this time, the contact in unable to be reached but according to reports from DPH,the patient has recently left the country for 2 weeks. A letter has been sent to their home. Calicivirus/Norovirus: Case#1: Case has been reported, investigation has begun though patient has not been able to be reached. Epidemiologist has been consulted. A letter has been sent to their home without response at this time. Due • to the inability for the case to be reached, it has been lost to follow-up. *Investigation and follow up was completed on back log of cases from late 2013, during interim prior to current PHNs hire date. These cases have been cleared. • • Health Dept Clerical Report F%014 Burial Permits Certificate of Permits Plan Reviews Copies Fines Revenue Permit Fees $25 Fitness $50 , l July-13 $750.00 $2,085.00 $0.00 $2,400.00 $1'100.00:"',% $6,335.00 Eb6 Serwce Est �!Q.5,sea s $1 0 4. 0 2 August 5-9�...se $206;� 99:5eqs. $420, $675.00 $655.00 $0.00 $1,900.00 $0.0 $3,230.00 September $425.00 $640.00 $0.00 $1,450.00 $0.00 $2,515.00 Retail Food <l000sq' s7o October $900.00 $925.00 $0.00 $1,775.00 $1,200.00 $4,800.00 1000-10,000 $28o >10,000 $420 d'- , November $600.00 $815.00 $180.00 $2,300.00 $1'100.001: $4,995.00 d aY4- ' December $300.00 $34,605.00 $0.00 $1,025.00 $0.00 $35,930.00 -$6 0 d �Example;6f57rdqy-tomp food permit January-14 $750.00 $24,167.00 $0.00 $300.00 $0.00 $25,217.00, 06Aii"2�X Aqp $421 February $950.00 $2,770.00 $540.00 $1,700.00 $425.00 $6,385.00 Frozen Desserts $25 March Mobile Food $210 NOW , slarp April May ReRemodel *90' $25pereventl$20, June Catering catering kitchen '?W";'Z V Body Art Est. $315 Total $5,350.00 $66,662.00 $720.00 $12,850.00 $3,825.00 $89,407.00 Body Art Practitioner 135 , Review Plans s18o Fiscal Year Budget 2014 Suntan Est. $140 Rec.Day Camp $10 Salary Starting Ending Expenses Ext.Paint Removal s35 Full Time $341,259.00 $143,249.52 Starting Endina Transport Off.Subst. sio5 Part Time $15,997.00 $2,144.63 $18,850.00 $10,514.21 Tobacco Vendors $135 Overtime $2,000.00 $860.69 Swimming oois Seasonal $�40 $359,256.00 $146,254.84 $1500.00 added Ann:661 V10 ft.$40 Balance for Rodent Control Title V Review $180 Well Application s18o