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Lynn Board of Health declines to alter Lynnway Gas suspension, offers scheduling flexibility
Summary
At a public meeting, the Board of Health reviewed a compliance check showing a youth purchase at Lynnway Gas and declined to change the three‑day suspension but said it could consider scheduling which days the suspension would apply.
The City of Lynn Board of Health reviewed an appeal from Lynnway Gas after a compliance check found a youth was sold a flavored cigarillo.
A staff member told the board that on April 11 a youth who went into Lynnway Gas asked for Backwoods and “she was sold a single backwood for $2.50.” The owner, Jack, said he could not review store footage because he had been out of the country and that he has already paid the fine. “I paid the fine,” Jack said.
The board clarified its authority: it can determine whether a violation occurred but “not to change the terms of the fine or the suspension,” a member said. Board members told the owner their discretion is limited when the merchant recognizes a violation, but they can accommodate scheduling requests for the suspension (for example, specifying Tuesday–Thursday rather than weekend days) if that is preferable to the licensee.
The parties discussed when a three‑day suspension would start; staff explained the suspension runs by calendar day at midnight on the stated start date. The owner said his business operates 24 hours and asked the board to shorten or shift the suspension; board members said they could accept a stipulation about which days to serve the suspension but did not indicate they would rescind the suspension.
No motion was made to alter the penalty. Board members thanked the owner for appearing and for paying the fine. The board did not take further formal action on the appeal during the meeting.
