Worcester Board of Health suspends Fire and Ice Smoke Shop tobacco permit for 30 days after third violation

The Worcester Board of Health voted Wednesday to suspend the tobacco sales permit for Fire and Ice Smoke Shop, 8 Boylston Street, for 30 days after a third state violation involving the sale of tobacco to a minor.

The board’s tobacco-prevention specialist, Kyle O'Connor of the Division of Public Health, told the board that on Oct. 3 a youth compliance check buyer purchased a pack of Backwoods cigars at the store. O'Connor said the clerk asked whether it was the youth’s first time in the store and whether they had identification; the youth said they did not and then stated they were 17. "Despite this disclosure, the clerk completed the sale and provided the product to the minor," O'Connor said, and the division issued a $5,000 citation under state law for a third violation within 36 months.

The citation reflects state penalty structure under Massachusetts law and regulation. O'Connor recommended that the board impose the maximum suspension range in state guidance and "impose a $5,000 fine, which has already been issued, and a 30 day suspension of the tobacco permit." Board members noted the business’ prior enforcement history: a January 2024 citation for selling without a permit ($1,000 fine) and an April violation for sale of a flavored product that carried a $2,000 fine and a 14-day suspension.

Owner Mohammed Alomwari addressed the board. "The ticket I paid it. I just paid the ticket on the seventeenth," he said, and added he had been outside the country for nine months and has returned in the last 10 days. He said his staff are aware of laws and that he will personally "be on top of my business and on top of my worker[s]." The board and staff discussed training and supervisory practices; members pushed for owner accountability because of repeated violations.

Member Gary Rosen moved that the board suspend the tobacco permit for 30 days. The motion was seconded (second not specified in the record) and carried with the following recorded votes: Michael Perrado, yes; Leon Negron Cruz, yes; Gary Rosen, yes; Francis Anthes, yes. The $5,000 civil penalty was described in testimony as already issued and reported paid by the owner; the board’s action was focused on the suspension period.

After the vote, Chair Francis Anthes directed division staff to coordinate with the owner to implement the 30-day suspension and compliance steps. O'Connor and other DPH staff will work with the retailer on the suspension schedule and education requirements.

The board’s staff referenced the applicable statutory and regulatory framework during the hearing: Massachusetts General Laws Chapter 270 (sale of tobacco to persons under 21) and state regulation 105 CMR 665 (retailer verification and permit requirements). O'Connor told the board the regulation provides for a 7- to 30-day suspension for a third violation within 36 months and that the division recommends the 30-day suspension under that authority.

The board did not adopt additional penalties beyond the state-prescribed fine and the 30-day suspension at the meeting. Staff indicated they would follow up with details about the suspension start/end dates and any required reporting or training.

Votes at a glance

- Motion: Suspend Fire and Ice Smoke Shop tobacco sales permit for 30 days (mover: Gary Rosen; second: not specified). Outcome: approved. Vote: Michael Perrado, yes; Leon Negron Cruz, yes; Gary Rosen, yes; Francis Anthes, yes.

What happened next

Staff will coordinate implementation of the 30-day suspension with the retailer and provide guidance on training and permit reinstatement requirements. The board emphasized that repeat violations risk further enforcement action if noncompliance continues.