Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Tobacco Enforcement topic
No spam. Unsubscribe anytime.
Lynn Board of Health upholds suspensions, fines in two tobacco-sale appeals
Summary
At its March 4 meeting the Lynn Board of Health upheld enforcement recommendations in two separate tobacco-sale appeals: a three-day suspension and $1,000 fine for a first-time offense at a Western Avenue convenience store, and a seven-day suspension and $2,000 fine for a second violation at Maya’s Market.
Lynn Board of Health members on March 4 upheld staff recommendations to suspend tobacco permits and levy fines in two separate enforcement appeals involving retail sales of tobacco products to underage purchasers.
The board voted to uphold a three-day suspension and a $1,000 fine for a convenience store at 570 Western Ave. after a February 6 compliance check found a clerk sell a single cigarillo to an underage buyer. The board also upheld a seven-day suspension and a $2,000 fine for Maya’s Market, after a January 30 compliance check recorded a second violation and an owner who told staff she was considering surrendering the permit instead of contesting the penalty.
Board members described the enforcement as mechanical and bound by the city’s tobacco regulations. “The laws are the laws, and you don't have a lot of gray areas,” Lisa (board member) said while explaining the board’s limited discretion in overturning findings of a compliance check. Joyce (public health inspector), who presented the compliance results, described the details of the two checks, including clerk descriptions and photos of the items sold.
Owners and co-owners who addressed the board acknowledged the sales and described steps to prevent recurrence. The co-owner of the Western Avenue store said the business has operated the location for about 25 years, that the sale was out of character, and that the store trains employees on ID checks. The owner associated with Maya’s Market said she had considered surrendering her permit rather than go through the process and noted the business had previously received a 2023 violation and an FDA violation within a short time frame.
Staff and board members emphasized how suspensions and fines function as deterrents under the city’s permit regulations. Joyce told the board that unpaid fines become a liability to the business and can affect permit renewal; city processes typically require outstanding fines to be paid before renewal or can otherwise be enforced through municipal billing and liens. Board members agreed the penalties are intended to deter illegal sales and that staff enforcement is based on evidence of a sale rather than subjective factors.
The board instructed staff to mail updated suspension letters specifying the suspension dates and clarified that suspended establishments must remove all tobacco and nicotine products from the premises for the suspension period. Staff noted that permit holders who choose to let a permit lapse rather than renew still remain subject to fines and that inspectors will continue checks while a license is active.
Votes at a glance: - Convenience Station (570 Western Ave.): Motion to uphold staff recommendation for a three-day suspension and $1,000 fine — approved by the Board (mover: board member; second: not specified). Suspension dates to be mailed. - Maya’s Market: Motion to uphold staff recommendation for a seven-day suspension and $2,000 fine — approved by the Board (mover: board member; second: not specified). Owner had indicated she might surrender the permit; staff will mail updated letters and verify removal of tobacco from the premises during suspension.
The board noted appeal rights and that an appeal must be supported by evidence (for example, video showing the sale did not occur) to overturn staff findings. Staff will send the establishments written notices with the specific suspension dates and enforcement expectations.
