Gardner Board of Health reduces Anthony's Liquor tobacco suspension to one day after hearing

The Gardner Board of Health voted Jan. 27 to reduce a three-day tobacco-sales suspension for Anthony's Liquor to one day and to hold the remaining two days in abeyance for 36 months if further violations occur.

The hearing centered on an Oct. 20, 2024 youth-access compliance check in which an 18-year-old decoy purchased a package of small cigars at Anthony's. Joan Hamlett, director of the Tobacco Control Alliance and a Gardner tobacco agent, told the board that the inspection was entered into the state database and that under state regulation the first sale-to-minor violation carries a $1,000 fine and a one-to-seven-business-day suspension. "On October 20th, we went in and conducted the annual youth access inspection," Hamlett said, describing how the inspector recorded the sale and uploaded it to the state system.

James Kryskauskas, who identified himself as the president and primary shareholder of Mandan's Patch Door Inc., the company that operates Anthony's Liquor, acknowledged the sale but argued the compliance check amounted to "entrapment" and urged the board to rescind the suspension. Kryskauskas said he was receiving medical care out of state when the violation notice arrived and that he paid the $1,000 fine upon his return. "I paid my fine and prepared to close tobacco sales as instructed," he said, adding that he had a long record of compliance.

Board members and staff clarified jurisdiction: the state regulation sets the penalty range, and the board's authority at the local level is limited to setting the suspension length within that range. Board members noted that other retailers who received fines the same day did not request hearings. One board member moved to reduce the suspension to one day and to place the other two days in abeyance to be applied if a subsequent violation occurs within 36 months; that motion was seconded and approved by voice vote. The board noted the monetary fine had already been paid and agreed to reset the one-day suspension on an upcoming compliance-check date; the retailer indicated the 7th of the month would be acceptable.

Hamlett told the board Anthony's had received annual retailer education packets and had signed receipt of those materials in multiple years. She said inspectors follow state protocols, use GPS- and time-stamped iPad entries to document inspections, and retain paper backups when data upload is uncertain. Hamlett also said the Alliance typically reviews 36 months of state history for repeat violations and found no state violations for Anthony's back to 2009.

The board's action changes only the suspension; the $1,000 fine already paid remains in effect. The board closed the hearing and moved on to other business.