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Lynn Board of Health upholds tobacco fines and suspension; first-offense fine upheld at BNN Market
Summary
The board denied an appeal from Chatham Market over stacked tobacco violations and enforced fines and suspension; a separate first-offense tobacco fine at BNN Market was also upheld after staff confirmed the display violated state rules.
The Lynn Board of Health on Sept. 9 denied an appeal from Chatham Market related to multiple tobacco-control violations and upheld a first-offense fine for BNN Market, emphasizing enforcement to protect youth and public health.
Staff told the board that a compliance check following a complaint found a sale of a flavored, restricted nicotine product to an underage buyer on Aug. 11, and that Department of Revenue personnel later seized roughly $3,000 of untaxed products during a follow-up inspection. Staff characterized the Aug. 11 incident as three "stacked" violations under city tobacco rules. An owner’s representative asked the board for leniency, describing the business as a small startup and pledging to enroll in training; the representative said, "[...] probably we was too greedy. That's the honest opinion of us." (Chatham Market representative).
During deliberations board members stressed they act on documented violations, not business hardship. The chair summarized the board’s duty: "If the violation's there, then we act in accordance to the law." The board voted to deny the appeal and to enforce the recommended fines and suspension (motion moved and seconded; chair recorded 'Aye').
Separately, staff presented an Aug. 20 inspection at BNN Market that found drug paraphernalia and a tobacco-display violation (tobacco products displayed on the front counter, which state law prohibits). The BNN Market representative said the display was an organizational change and that he had already corrected it. Board members noted that the written notice did not include explicit suspension language, so they imposed the $1,000 fine but did not enforce a suspension at the meeting.
What’s next: Staff will mail formal notices to affected owners and provide guidance on compliance and training. Owners were encouraged to meet with staff to discuss corrective steps and any appeals procedures.
