Gardner Board of Health Votes to Reduce Tobacco Sales Suspension Amid Compliance Check Disputes

In a recent meeting, the Gardner Board of Health decided to reduce a suspension period for Anthony’s Package Store from three days to one day following a tobacco sales violation. The decision followed a contentious hearing where the store owner disputed the nature of compliance checks and the fairness of imposed penalties.

The primary issue addressed was a tobacco violation at Anthony’s Package Store, resulting from an incident on October 20, 2023, when an 18-year-old youth inspector purchased cigars without being asked for identification. The store faced a $1,000 fine and a three-day suspension of tobacco sales, which was the first violation since 2009. The fine was paid on November 14, 2023, but the board convened to decide on the suspension duration.

During the meeting, Joan Hamlet, director of the Board of Health Tobacco Control Alliance, detailed the compliance check leading to the violation. The store owner, Mr. Chris Krosus, contended that the sale was legitimate as the buyer was an adult. He argued that the penalties were disproportionate, highlighting the severe consequences faced by employees, including potential job loss.

The board expressed sympathy for Krosus but emphasized their obligation to adhere to state laws. They discussed whether to adjust the suspension length, ultimately agreeing to reduce it to one day. This decision was contentious, as some board members were concerned about setting a precedent that might impact future cases.

Additionally, Krosus’s representative claimed the compliance check constituted entrapment and violated constitutions, arguing that penalties were excessive for a one-time event. Further, they criticized the compliance check process, particularly the use of an 18-year-old inspector, which they felt was unfair.

Despite acknowledging Anthony’s Package Store’s long compliance history, the board maintained that state laws governing underage tobacco sales were strict. They emphasized the importance of public health standards while recognizing the operational challenges faced by retailers.

The board’s decision to reduce the suspension aimed to balance adherence to regulations with the specific circumstances of the violation. They noted that any further violations within a 36-month period would add to the suspension duration.

The meeting also addressed environmental concerns, particularly about contamination issues at the local landfill. A member of the public raised concerns about the lack of transparency and urgency in addressing potential contamination. The board discussed exploring grants for remediation, though eligibility remained uncertain due to the nature of the contaminants.

Concerns about “forever chemicals” and potential pollution affecting local properties were voiced, with suggestions to leverage available city funds for remediation. This prompted a debate about the financial implications and the need for improved interdepartmental communication.

Moreover, the board discussed updates on various projects, including the Landfill Road control project and local food establishment developments. They also covered housing inspections and ongoing public health initiatives, such as immunization efforts and an upcoming health fair.

Finally, the board deliberated on the necessity of an inclement weather policy for the transfer station, considering recent extreme cold temperatures. They concluded with plans to elect a new chair and discussed the ongoing homelessness situation.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Mayor:
Michael J. Nicholson
Board of Health Officials:
Susan Avallone, Michele C. Parker, Atty. Geoffrey Tobia

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