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Board keeps Jolley Vapes’ license active, debates "pocket" license limits and retiring adult licenses
Summary
After a contested hearing, the Lynn City Board of Health declined to revoke the adult tobacco license tied to Jolley Vapes and directed staff to return with proposed regulation language on retired or unused tobacco licenses and other limits, including a suggested six-month cap on holding unused licenses and a December public hearing date.
The Lynn City Board of Health on Oct. 21 declined to revoke the adult tobacco license associated with Jolley Vapes after a lengthy hearing that examined cumulative incidents at a location connected to the business, questions about inventory ownership and building safety, and what standard of proof would meet the high threshold for revocation.
Attorney Vincent Vitale (identified in the meeting as counsel for the licensee) and other witnesses described activity at a building linked to the business; inspectors reported the owner had removed materials from the property after a shooting in the neighborhood and that some inventory had been cleared. Board members said they were uncomfortable permanently suspending or revoking a license without clear, egregious misconduct that would survive a court challenge.
The board received legal and procedural guidance that a revocation standard is high and that zoning and special-permit requirements mean a relocated retail tobacco business may need city council approval before a license can be used at a new address. Staff also said that, because some licenses had been mistakenly left in the municipal inventory during prior ordinance changes, the city was considering eliminating the waiting list for adult tobacco licenses going forward.
After discussion, a motion "not to revoke" Jolley Vapes’ license was made, seconded and approved by voice vote. Board members said the department will continue monitoring compliance and that Mr. Jolley may pursue relocation through the city’s special-permit and zoning processes; the board noted it expects to include equitable, case-by-case exceptions for businesses that are closed for reasons beyond the owner’s control.
Separately, the board moved into an extended discussion on proposed changes to how the department handles retired or unused tobacco licenses — so-called "pocket" licenses. Staff said they will draft regulation language that would require owners to notify the department if a business is closed, give notice periods (staff and some members discussed 30 days and 60 days for initial notice), and consider a maximum time that an owner may hold a dormant license (some members proposed a six-month cap). The board agreed to schedule a public hearing on the retiring-caps/pocket-license regulatory changes and tentatively targeted Dec. 9 for the hearing and Nov. 18 for further material review.
No penalties beyond existing enforcement were imposed at the meeting; the board asked staff and counsel to draft clear regulatory language on pocket licenses, appeals and exceptions for buildings made uninhabitable through no fault of the owner, and to return with a public-notice plan.
