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Lawrence Board of Health hears appeal from Hookah & Tobacco outlet over third violation; enforcement, prior FDA and DOR actions discussed
Summary
The Lawrence Board of Health on Oct. 14 considered an appeal from Hookah & Tobacco, an adult‑only retailer at 8 South Broadway, over a $5,000 fine and a 30‑business‑day suspension the city imposed after what enforcement staff described as a third youth‑entry violation within 36 months.
The Lawrence Board of Health on Oct. 14 considered an appeal from Hookah & Tobacco, an adult-only tobacco retailer at 8 South Broadway, over enforcement imposed after what city tobacco-control staff described as a third violation within 36 months.
City tobacco-control director Cesar presented the case, saying the board must apply state and local rules for successive violations. Cesar told the board that during compliance checks on Sept. 26, 2025, an under-21 person entered the store; that earlier incidents occurred on March 18, 2023, and Feb. 12, 2024; and that, under the applicable regulation, a third violation triggers a $5,000 fine and a mandatory 30 consecutive business–day permit suspension under the city's locally adopted rule. Cesar also noted separate federal and state enforcement records, including FDA warning letters and an FDA civil penalty filing entered in the state database on or about April 16, 2024, and a Department of Revenue suspension (Dec. 12, 2024) restricting the store's ability to sell vaping products.
Why the hearing mattered: under Massachusetts regulation cited by staff and the board, multiple violations within a 36‑month window carry escalating penalties. Cesar said the local regulation narrows the state’s possible 7–30 day suspension range to a 30‑day suspension where a third violation is found…
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