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Fall River Board of Health delays 7‑day suspension for Cumberland Farms after second youth tobacco sale
Summary
The board voted not to suspend the store’s tobacco license for seven days pending confirmation that a $2,000 fine was paid; members warned a future violation could bring a 30‑day suspension.
The Fall River Board of Health on Jan. 28 voted not to impose a seven‑day suspension on the tobacco sales license for the Cumberland Farms at 64 Steven Street in Fall River, conditioned on confirmation that the mandatory $2,000 fine from a second youth‑sale violation was paid.
Tess Curran, agent of the board, told members that the incident occurred on Dec. 27, 2024, at about 10:09 a.m. “Our youth buyer went in and was able to purchase a pack of Camel Blues. No ID or age was asked. The individual paid with a $20 bill, and the product was $14.25. The first violation at this location took place on May 12, 2022, and that was, again, for sale to a minor,” she said.
The board heard from Linda Lefkowitz, representing Cumberland Farms, who said the clerk involved was a new hire and “made a poor judgment call that day.” She described the store’s training: new employees complete the WeCard e‑module and periodic external compliance checks through a program she called BARS (Be A Responsible Shopper). Lefkowitz said employees who fail external compliance checks are terminated and that the clerk in this case, who had been on the job fewer than 30 days, has since completed required training.
Board member Thomas Corey moved that the board “not suspend at this time for the 7 days,” provided the department confirms the fine has been paid, and that a subsequent violation would carry a 30‑day suspension. Dr. Steven Gagliani seconded the motion. The motion passed on a roll call vote.
Curran said she did not have information at the meeting about whether the fine had been paid: “I do not. Jennifer did not indicate that the fine had been paid.” The board’s action therefore ties the decision to confirmation of payment; staff said they would contact the store’s corporate office to verify payment and require prompt remittance if it had not been made.
The board framed the decision as educational in this instance — using a short, conditional penalty posture while emphasizing that repeat violations will prompt longer suspensions. The board cited the incident as the store’s second offense under the Act to Modernize Tobacco Control and conducted the hearing consistent with the open meeting law.
The board closed the hearing after the vote and offered the store an admonition to reinforce employee training and compliance checks.
