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Northampton Board of Health revokes tobacco permit for retail shop after inspector test purchase
Summary
After documented test purchases and repeated violations during a suspended period, the board voted 3–0 on Jan. 16 to revoke and permanently retire a retailer's tobacco permit; the proprietor disputed the evidence and asked for additional review.
The Northampton Board of Health voted on Jan. 16, 2025, to revoke and permanently retire a tobacco sales permit for a retail establishment after an inspector testified that a test purchase of a nicotine product occurred during an active suspension.
Inspector Donna Bowman told the board that the department received multiple complaints and that, on Jan. 9, an undercover purchaser left the shop with a nicotine product identified by staff as “JUUL menthol pods, 5%.” Bowman said the purchaser withdrew cash from the store ATM and completed a cash purchase at the counter around 3 p.m.
The store owner, identified in the hearing as Rakesh Patel, disputed the finding and said he had reviewed his security footage for the time window the department referenced and did not see a sale at the counter. Attorney Matthew Porter, representing the owner, asked the board for time to review video and other evidence; he said the owner had a pending sale of the business and argued a revocation would terminate that transaction. Porter asked for a short continuance to confirm events.
Board member Suzanne Smith responded that the board had repeatedly extended leniency to allow the owner time to find a bona fide buyer and said she had “lost my patience,” urging enforcement. Board member Cynthia Swopis and Chair Joanne Levin joined Smith in a roll-call vote to revoke. The board unanimously voted to revoke and permanently retire the permit; the vote was recorded as: Suzanne Smith, yes; Cynthia Swopis, yes; Joanne Levin, yes.
Department staff told the board the revocation would not affect the liquor-license process administered by the Massachusetts Alcoholic Beverages Control Commission and local licensing authorities, but that any tobacco permit tied to that retail location would be permanently retired. Staff also noted outstanding regulatory findings and a civil penalty amount referenced in department correspondence; the transcript mentions a $20,000 civil penalty demand related to prior violations.
The board said it will follow up with written notice of the decision. No additional enforcement action was announced at the meeting; staff said they may work with the city solicitor on possible criminal charges related to repeated sales during suspension.
Ending: The board closed the hearing after voting to revoke. Staff will send a written determination and indicated the permit is retired; the board recorded no dissenting votes.
