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Board upholds 45-day suspension of tobacco permit after two decoy sales
Summary
The Board of Appeals denied the appeal of a 45-day tobacco-permit suspension for a Nineteenth Avenue station after DPH presented two decoy-sale incidents; commissioners cited deterrence and possible register changes as owner precautions.
The Board reviewed an appeal by Joseph (Joseph Fasinelli/Esinetti in record) of a 45‑day suspension of a tobacco sales permit at the Nineteenth Avenue Union 76 (Unit 2) for selling cigarettes to a minor. Dr. Ojo of the Department of Public Health summarized two undercover decoy operations and said the permittee had a prior 10‑day suspension in 2005; DPH said section 1009.66 of the health code allows longer suspensions for a second offense within 12 months and asked the board to consider a stiffer penalty but acknowledged a 45‑day suspension already imposed in the director’s hearing.
The permit holder’s representative, Joseph Fasinelli, said he did not know the customer was a decoy, that he warned the attendant and later terminated the employee after the sale, and described store procedures including register prompts. Commissioners discussed stronger register safeguards (requiring birthdate input rather than a single "yes" button) and limiting distractions (e.g., turning off television). Commissioner comments emphasized deterrence to protect youth. The Board voted 4–0 to deny the appeal and uphold the 45‑day suspension.
