Tompkins County Board of Health approves nine enforcement resolutions, citing repeated ATUPA and health-order violations

The Tompkins County Board of Health on Thursday approved nine enforcement resolutions addressing a series of violations ranging from ATUPA (underage tobacco prevention act) infractions to failures to submit required sewage- and food-service plans.

Board members heard public comment before business began. Michael, counsel for STERICA LLC, described ongoing corrective work at a regulated property, saying the company "has implemented significant operational changes" including "continuous on-site security, the engagement of professional cleaning and maintenance services, and active oversight of daily building conditions." Dave Freman, counsel for Y Market, disputed inspection findings for a vending/display configuration and urged the hearing officer not to adopt a proposed one-year license revocation.

Staff then summarized the enforcement cases and the ATUPA inspection framework, noting inspectors use underage-appearing testers and a state-set point system that can lead to referral for license suspension or revocation. As staff explained, "if they have four violations in a three-year period, then we make a referral to state DO for revocation of the license for one year," terminology staff attributed to the state point system.

The board handled individual items sequentially, voting to approve each resolution as presented or as amended on procedural points such as compliance deadlines. Notable actions included:

- ENF26-00008 (Ctown Express): motion to approve as written; board recorded unanimous approval. Staff summary cited prior order and follow-up inspections showing continued concerns.

- Yazi's Market (ATUPA): board considered evidence including photos and testimony that boxed products atop a display case rendered items reachable; board approved the enforcement resolution as written.

- Kiuga smoke shop and several other retail establishments: each file was opened, discussed and approved as written.

- Casper’s Kitchen: the operator requested adjusted compliance dates; the board approved the resolution with amended deadlines (moved penalty date to August 15, 2026 and adjusted plan submittal dates to July 30, 2026).

- A sewage-system case: staff proposed waiving a penalty contingent on the timely submission of repair plans and a broader on-site wastewater assessment; the board approved the conditional waiver.

Across the enforcement agenda the board approved motions by voice vote; the meeting record shows unanimous approvals but does not list roll-call tallies for each vote.

Board chair closed the enforcement portion and the meeting proceeded to fees, policy and other business.

The board signaled that inspectors will continue follow-up and that several items require plan submissions or hearing-officer recommendations before any further board action.