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Board directs staff to study whether smoking bars should be treated differently from other tobacco retailers
Summary
After a request from Metro Gas (27 Shrewsbury St.), the Worcester Board of Health unanimously voted to ask public‑health staff to research whether the city should distinguish smoking bars from other retail tobacco permit holders in its October 2023 rules.
The Worcester Board of Health voted unanimously to ask Division of Public Health staff to study whether the city’s tobacco permit regulations should treat smoking bars differently from other kinds of tobacco retailers.
The motion, made by Gary Rosen and seconded by Michael Perrado, passed on a 5‑0 voice vote. The referral asks staff to research regulatory distinctions and return with recommendations about whether to amend the October 2023 tobacco product sales permit rules.
The action followed a presentation by an attorney for a retail applicant at 27 Shrewsbury Street (identified in testimony as Metro Gas). The attorney argued that the current regulation treats on‑premise smoking bars and off‑premise retail sellers the same even though the businesses operate differently, and that in Worcester — which has an unusually high number of smoking bars — the rule can create inequities for retailers.
Kyle (public health staff) said staff could study the issue but cautioned that drafting and adopting regulatory amendments would be a multistep process, likely involving legal review and public hearings. Kyle estimated a multi‑month timeline for research and regulatory drafting, saying the work would take longer than immediate administrative action and would require legal and public processes.
Board rationale and next steps Board members who supported the referral said it was reasonable to examine whether the ordinance achieves its stated goals equitably across different types of retail operations. Leon Negron Cruz emphasized the board’s public‑health role and cautioned that any change would need to preserve protections for vulnerable populations; other members noted staff workload and timeline considerations.
Action recorded - Motion: "Ask Division of Public Health staff to study whether smoking bars and retail tobacco vendors should be treated differently under the October 2023 tobacco product sales permit rules and to report back with recommendations." Mover: Gary Rosen. Second: Michael Perrado. Vote: unanimous (Gary Rosen — yes; Charisse Allen — yes; Michael Perrado — yes; Leon Negron Cruz — yes; Francis Anthes — yes). Outcome: approved. Notes: Kyle indicated the study and any regulatory drafting would require legal review and public hearings and could take several months.
Why this matters If staff recommends changes and the board pursues amendments, future applicants could be evaluated under revised criteria. The study does not grant any immediate exemptions; it directs staff to analyze whether the current single standard for smoking bars and other retailers is the best policy for Worcester.
What’s next Staff will undertake research and coordinate with the city’s legal department on potential regulatory changes, then present findings and draft language for the board’s consideration. Kyle estimated the process could take on the order of months and would include public hearings before any regulatory amendment.
(No immediate permit was granted as part of this vote.)
