Charlton Board of Health fines Charlton Food Mart $5,000, orders 21-day tobacco-sale suspension

The Charlton Board of Health on July 22 found Charlton Food Mart responsible for a third tobacco-related violation within a 36-month period and imposed the $5,000 state-mandated fine and a 21-day suspension of tobacco sales, with the remaining nine days of a standard 30-day penalty continued without a finding unless future violations occur.

The ruling followed testimony from Joan Hamlin, director of the Tobacco Control Coalition, who said an undercover youth inspection on June 20 resulted in a sale to a minor and that subsequent inspections found multiple banned or flavored tobacco products in the store. Hamlin told the board the inspection report and supporting photos showed items were present in the store despite prior warnings and removal notices. “The purpose of public health is to help people come into compliance, not catching their noncompliance,” Hamlin said during the meeting.

Board members reviewed the inspection timeline and appeal paperwork. Health Director Jim Philbrook described the enforcement process and evidence chain — the inspection on June 20, courtesy phone call the following day, and a formal letter dispatched later in the week. Board members discussed whether the appeal that arrived after the seven-business-day window should be accepted; the board agreed the appeal period and language-access questions warranted allowing a hearing and then deciding on penalty scope.

The board debated suspension length. Members noted repeated contacts and at least one alleged sale from a vehicle that the director said would constitute an additional violation. Chair Matt Gagner and Board member John Sanborn settled on 21 days as a middle ground between the standard 30-day suspension and a reduced 15-day option. The board made a formal finding of responsibility, imposed the $5,000 fine (which the board said is set by state law and cannot be reduced), and set the tobacco-sales suspension to begin August 1. The board also stated the nine remaining days of a 30-day standard suspension would be continued without a finding and could be activated if further violations occur.

The board laid out next steps to monitor compliance. Hamlin said the coalition will perform an in-store review before the suspension start, the coalition will conduct secret-shopper checks during any suspension, and the health department will issue a courtesy reminder before suspension dates and perform reinspections afterward.

During discussion, inspectors’ names were cited in the record: Rick Sedelli conducted the youth-access inspection and Jody Brighetti performed the store inspection documenting the banned products. Owner Sonny Patel acknowledged the items had been in his store and said some product arrivals came from distributors and that he had kept products stored while seeking reimbursement. Patel told the board, “I don’t wanna sell under 21,” and said he has operated the store for more than two decades and would work to prevent further violations.

The board’s action was recorded as approved by the board members present. The board’s responsibility finding, the $5,000 fine, and the 21-day suspension are administrative enforcement under state tobacco-control law; the board noted it lacks authority to reduce the monetary penalty set by state statute. The board also warned that additional violations could trigger increased penalties up to permit revocation.

The decision closes the item on the third-offense finding; the board staff will notify the vendor of the suspension schedule and coordinate pre-suspension inspections and education visits.