##VIDEO ID:yKJqCz_4CF0## okay welcome everyone um this is uh Tuesday November 12th you are at the Lawrence Board of Health meeting for the City of Lawrence um I'm going to call roll call Stephen Hill here Dr gor here okay we have two members we have a quorum we're going to get right to business um we are going to today um before we begin um down the list of tobacco suspension hearings we are have two members um from our department that we um have come before us um today we are going to appoint the following agents um as agents of the Board of Health both Anna Gonzalez jatna Mercedes you're both here excellent okay so Anna you work in food correct yes okay excellent excellent okay well we're very happy to have you and jna you're in housing correct okay great so um we don't need any more discussion we're we're we Grant the powers of the Board of Health to our agents so they can administer the housing and food code um in the City of Lawrence and so I second the motion well you got to make a motion so I make a motion to to to make I make a motion to adopt a appointed member Anna Gonzalez Marilyn Dominguez Marilyn Dominguez is not here today so we're just going to do the two and uh Janetta Mercedes as our agents jatna jatna as Mercedes as our Board of Health agents for the city of La second the motion all in favor I motion carries thank you very much you now are endowed the powers of the Board of Health to go out there and do good thank you thank you so much okay um okay next we're going to jump into tobacco sales uh updates Caesar take it away all right so before I get to the updates I just want to address the the tobacco PR suspension here is that before the board tonight because we have a bunch of people here already so these compliance checks uh these violations stem from compliance checks conducted in May and in June the first one uh before I get to the first one I just want to say that all of them received a notice from uh from me basically stating that the meeting was going to be held tonight uh post office has confirm that the US Post to service and they all have paid Their fines uh five of these establishments received uh a $11,000 fine there was one last store that received a $1,000 fine and then a $2,000 fine because there were two separate violations and they all have paid Their fines so the first one on the agenda is oie Market Mr Ray sues she's going to address the board in a few minutes but the the violation occurred on June 10th this is the pack of marel cigarettes that was purchased at that location at 10:17 a.m. for $1.95 $11.95 since uh the kid that you see a photograph in front of you was not asked for ID or anything else it was not challenged at all and since this is the first violation within the last 36 months uh this is the first offense pursuant to the state regulation the violation the fines according to or the penalties according to that regul is $1,000 fine and suspension of its tobacco permit for up to 30 days this board decided on April um of last year I believe to uh to to impose a one-day suspension for those firsttime offenders and that's the case here so my recommendation in the case of O Market is that a one- day suspension to be carried out on November 26 as a Tuesday uh at the start of business so Mr R if you want to address the board you can just address the board can talk to the [Music] fore um as they known we want all our people who sell uh tobacco in the City of Lawrence to Sid even if you know the individual that is required by law state law it's it's not state law it's not a city law that's a state law so we're just trying to uphold the state the state tobacco sales regulations um we've been like compared to we go very easy on first time offenders I mean a lot of communities do a 30day suspension we're trying to prevent sales of tobacco products to Min so so um do you have the the language that he can read oh you have it here good excellent okay I have a motion so I'm uh I move to suspend the tobacco uh product sale tobacco permit oh so I moved to suspend the tobacco product sales product sale permit issue to Old Market Incorporated loc oay Market Incorporated located at 50 IM Street Lawrence Mass for one business day um the day will be carried out on 11:26 24 second the motion all in favor okay let's go have a Market located at 311 right next establishment is Havier Market located at 311 East Hao Street here in Lawrence uh Mr Mone is to address the board in a few minutes I just want to go over what happened that day uh this happened on June 14th this year at 9:48 a.m. this is a p of mar cigarettes that was purchased by that uh 19-year-old uh young male there would you have the photograph in front of you for $13.50 it was not challenged at all this is the first violation occurred at this particular location and according to the pursuing regulation uh it's a one day suspension so my recommendation is to suspend it for one business to be carried out on November 26 2024 Mr May address the board um yes uh good evening board members um my name is Edward I am the owner of happier Market um that day we were there the EMP we've been hiring new people over the summer and we were training them you know they've been trained extensively on how to ask for ID and the procedure and what to do um evidently that was in the case on the 14th um there is no excuse right it um you know I I have kids of my own and I know how important this is um we have been retraining everyone over the past few months um and moving forward we hope you know this will be the last of it I just want to bring up to the board's attention that we have been in business for 17 years at that location and we have never had you know this is our first offense we we we take this very seriously and you know just one motion um I moved to suspend the tobacco product sale permit issued to Javier Market at located at 311 East hav Street for one business day uh to be carried out on November 26 2024 second motion okay I do have a question though all in favor all in fav you said that first offenses were $1,000 $1,000 and a suspension and the suspension but my fee was $2,000 no I did take a check not to my records uh hold on one second no you received a find of $1,000 what it $1,000 yeah okay if I any chance to pay $1,000 let me know because according to my record is $1,000 the actual fine I mean the actual uh fine that you reive was for $1,000 this is a the back of the of the of the letter the c order that you received as you can see it's $1,000 marked okay so this is a copy of what was sent to you this is the face of it so okay all right all right check all right thank you all right you're welcome so next establishment is Brad liquers there's nobody here at this moment represented Brad's lickers to my knowledge uh the violation occurred on um May 15 at 10:29 a.m. this was purchased for $14.50 for the same uh male and he was not challenged at all same recommendation suspension on the 26th of November so I I I I moveed to suspend the tobacco product sale permit issued to Broadway liquers located at 434 Broadway Street Lawrence Mass for one business day uh carried out on 1126 24 November 26 2024 I second the motion there all Elvis variety located in 9 Newton Street here in Lawrence this is a a pack of marble cigarette that was purchased that on June 10th at 9:59 a.m. uh it cost $12.60 the person who made the sale is Mr rafhael Lena he's here to address the board my recommendation is the same as the others is the first offense within the last 36 months so it's it was $1,000 plus suspension he paid the $1,000 fine and my recommendation is that be his tobacco perent be suspended on November 26 as the others Mr L May address the board okay okay okay to suspend the tobacco product sale permit issued to Elvis variety located at 9 Newton Street Lawrence Mass for one business name business day that be carried out on November 26 2024 second motion next is Fernandez X liquers located at 239 Broadway this is a second offense this is a back of cigarette that was purchased down on May 15th at 10:25 a.m. a previous violation had occurred uh earlier in the year I can give you the date in a second yeah the first violation happened on March 18th this year in addition to these two violations uh that were that occurred were not compliance checks there was also a compliance check that was conducted by the FDA on September 1st 2022 uh apparently they sold as well we we don't control we don't have more uh details on those violations but it says here that it was a sell well Minor by the FDA so as a second offense uh the regulation says that it's a $2,000 fine plus a seven consecutive business days suspension of that tobacco perit and that is my recommendation uh to begin um just one second I just want to double check one thing are you open seven days a week yes sir all right so it's going to be two uh yeah it's going to be carried out on the same day the 26th but I'm going to have to check because we have holidays coming out that week so your end day is going to be a different Daye no because it's got to be business days so you the beginning are in the middle uh we have the 28th the 29th it might be Thanksgiving one Thanksgiving right so we don't count those days we count only business days so yeah my recommendation is to suspend the of s consecutive business days to begin on the 26th of November this year so in this case is a seven business day uh student motion I I mooved to send the tobacco uh I'm sorry you want to address the board at all Tob do you want to speak no go ahead sir just fine no no no speak lless so it was a new employee I know was a new employees so she was uh new to me only like a month or so so what I do from now on I just try to train all my on my people the best I could I do calendars in front of every register that way we we asked for ID and encourage all my guys to ask for the ID for everybody and put that calendar to just verify that's I keep training every month keep mentioning in the meetings that I do every month with my employees keep mentioning all we can do is try to do the best I'm in a tough area I'm in a tough area that area you're in a liquor store don't you have to ask IDE everybody to buy alcohol yes and they just forgot second time second time different different different emplo that first time it's not longer with me it's getting expensive third third offense what is it so it's going to be some so $5,000 plus 30 days so that's one thing I say it's got to be retaliation and see to happen a third time so that's why they really that's tough whoever happened and a third time he losing his jobs so that's one thing I put real clear yeah it's not it can't happen again beautiful location but it's your second time in 36 months so I applaud you for what you've done it looks beautiful and I like your location it does sometimes you rely you know you rely on what you say every day and what you try to put into somebody else mind you know yeah but you only you only can't control so much yeah all right motions so I moved to I moved to suspend the tobacco product sale permit issued to xavia I mean fernandz x x liquor located at 239 Broadway Street for seven consecutive days business days seven consecutive business days starting at on 11:26 November 26 2024 second motion second motion all in favor so all act has to be removed from the Prem is you got going to get a letter from me just like the first time next is uh L Lama Supermarket so this one I want to take a little slowly because it's a little different than the other ones you guys can go okay um thanks for coming so following the same order that you have that the sheet of paper there should be two pages for Lamas let's start with the first one there was a compin check conducted on June 10th this is a back of M cigarettes that was purchased at that location at 10 50 a.m. for $115 and uh that was the first offense within the last the last 36 months so it's $11,000 that pay $1,000 fine and it's a one business day uh suspension so let's decide that first and then we move to the next page because it's going to be better organized if we do it this way so my recommendation is that the permit issued uh to lasama uh that's a back per is suspended for one business day to begin on November 26 for this violation there's an additional violation we're going to address in a few minutes okay you want to address the board first and it's very busy with uh our worker because you try the every the the training M and he know that I sh the three employer three employees and three moms and every time ask you need to ask the ID for everybody please check in that but I don't know what happened you you're talking about that and for got faster about that and and try and try is my first time have this business because is a new partn this store only have one year and I'm working with that and I'm promise that I going to work with that every time and sorry about that because I don't stay here about the letters I was in Dominican Republic taking on another business house there well let me explain to the board what's going on because they don't understand what's going on we sending notices of violation and we sending notices of when the hearing is going to be for the second time they refused to take possession of that letter so I have to go there I have to drive there to get a signature from them say got notice because for example the emplo stay now my store I know that if somebody in and asking for me about the letter they take the letter but he told the the guy it's a post office yeah there post office but everybody told me that that nobody ask about the letter about me okay and and sorry about that but I don't know what happened with that because nobody told me that the post office ask him about the the bring the letter yeah the the post office saying that they are ref using the letter so I go there physically get a signature on on the copy of the letter but obviously I have to drive there every time so I think we covered that I we discuss can we make a motion for the first violation uh I I moved to suspend the tobacco product sale permit issue to laama supermarket laama resta supermarket and restaurant located at 140 Water Street for one business day to be carried out on November 26 2024 second motion thank you so much all right so now now we going with the second violation so for the second violation there another violation you probably want to stay here I want to these photographs these are photograph illegal products so prohibited products in the of uh that we found after after there was a s Miner I did an inspection and I found all these products they're all illegal they all from New Hampshire some of them FL Newport stamp from New Hampshire even the pack of marble cigarette that was purchased there they all from New Hampshire so that was a second violation so we received a fine of $2,000 he paid that fine as well and because that is a second offense within the last 36 months my recommendation is that a one is seven consecutive business day suspension of that toaca perit this time to begin on the 27th of November so the next day from the first suspension yes you don't start right your okay nothing I'm just reading the agenda well I was there today there was no tobacco there today so no antibiotics either what's that no antibiotics either I haven't checked well make a motion and we'll so T next day the 27th to begin on the next day so I I'm I moved to suspend the tobacco product sale permit issued to laama supermarket and restaurant located at 140 Water Street Lawrence Mass for seven consecutive business days starting at November 26 2020 27 27 November 27 2024 second the motion all in favor okay so you got to remove all tobacco products if you have any in a store that should be not in the store businesses must Okay so so uh there's four other stores that s tobacco recently to mind as we have to schedule a hearing it's not going to be next next meeting because we're going to have a public hearing public hearing right so this is probably going to be set for January but I'm going to say the names of them the first one is um any any repeat offenders what any repeat offenders um let's see I don't think so no I don't think so they all first offenders one is Discount Liquor Mark they have not received notification for the first R they had last month so they were not here present um second one is so do those in January uh they'll P Supermarket under new ownership and uh arus Market 66 Parker Street this one let me just double check one thing no this one is the second the best areas Market okay okay I'd like to move on um we're going to jump to uh in regards to Old business we're going to uh table um 245 Jackson 275 279 Salem and 54 Union street they're all um it appears um pending Housing Court criminal proceedings um we will continue to have them on the agenda for future meetings but we will not be discussing them today um we're going to jump to new business um for a quick update from bmel De pres for 348 haal Street and lawence M so you table the regulations going to have that conversation in regards to continuation of overview city of lawence future regulations we're going that item will also be tabled I'm sorry I said the one about hookas yeah yes uh not really it's actually more of a language stuff that we'll have the discussion when when we all three of us are here right yes yes new business 348 hav street with Melda 348 hav Street came to us and we have the inspector uh that's handling this case came to us um basically mother came to complain about housing situation with an infestation of C Roes and uh the school department contacted us at this point we want to actually be uh proactive in terms of presenting this case to the B to Board of Health um to board members and in the future if okay thank you one of those I can't leave it here okay sorry that's a c that's a copy of the okay of the tiet that was originally sent um we are we have an inspection scheduled for Monday at 12 uh p.m. um the appoint the the schedule appointment is to conduct a comprehensive inspection if you if the inspector want to address board members but at this point this is what what's going on with this case from Monday Monday at 12m so no that's um excellent so what did you see okay okay everywhere really and so have we had any luck getting a hold of the owner included the bed for the children for the manager was a manager and have they made any um uh plans for a um for for test control he send a copy for the the the formation of the last couple month I I I need for this time no no for the last two or three months ago okay okay so still still pending so I'm I appreciate the board appreciates you bringing this to us um before it becomes a critical issue like we have seen with other properties um I think that's incredibly important to get a jump on things like this um and to um encourage owners managers to have a very robust Pest Control um remediation plan in place um there's too much lack oversight and management of um issues like this that affect the Health and Welfare of families and um I commend the inspectors and the board um and the department for moving quickly on um complaints such as this um Ethan have you have you seen this one no that's why we're going out on Monday okay you're going to join them right I just became aware today excellent no no I really appreciate you helping us thank you so much um okay Thanksgiving yes all right so what's the date of our uh public hearing there some attempt I believe and we're going to do that in the chambers that that need to tell me okay I hope so because there'll be a lot of people I guess or maybe maybe not we'll confirm okay all right so did we end up sending certified letters to a lot of I I did interact with some of the businesses and they expressed ignorance like uh the toac anything okay than okay so I think that's uh I think that's all for today um thank you to the three of you for staying late and joining us thank you and thank you and thank you and thank you yourself brother you don't supposed to be here yet I wanted to read next time instead of reading to uh regulations I want policy changes regards to Tobacco regulation language we're going to talk about the language can yes yes of course we we're Jour right I make we make a motion to adjourn the meeting of november9 Board of Health at 6:39 second in the motion thank you all for coming that's that's a record meeting okay here you go and