Board upholds recommendation for $2,000 fine and seven‑day permit suspension after youth‑sale at 157 West Street

The Gardner Board of Health held a formal hearing over a second tobacco‑regulation violation at the store located at 157 West Street.

Joan Hamlett, director of the Tobacco Control Alliance and Gardner’s tobacco agent, presented the enforcement evidence. She said a trained youth inspector (18) entered the store during a city‑wide annual compliance check on April 13, 2026, at approximately 6:03 p.m. and was not asked for identification; the youth purchased a Backwoods cigar priced at $8.49. Hamlett said the sale, combined with a prior flavor violation on June 6, 2023 that fell within the 36‑month tolling period, constituted a second offense under state and local rules, and she recommended a responsible finding with the $2,000 fine and a seven‑day permit suspension.

The permit holder (referred to in the record as Charita) addressed the board and acknowledged the incident while describing staff training practices and personal/staffing circumstances the day before the inspection. She asked the board to consider timing the suspension to align with planned renovation and insurance repairs so that the store would not have to suspend operations multiple times. Hamlett said the law limits the board’s ability to reduce statutory fines and that a not‑responsible finding would require procedural error or insufficient evidence; she noted that local regulation prescribes a seven‑day suspension for a second violation and that the state sets a 1‑to‑7‑day range.

Chair moved to uphold Hamlett’s recommendation (responsible finding, $2,000 fine and seven‑day permit suspension) and a board member seconded the motion. The transcript records the motion and second but not a roll‑call tally in the minutes. Board staff and the permit holder discussed available suspension weekends; staff recommended August 14 or August 28 when inspectors and secret shoppers are scheduled. The board selected August 28 and staff will issue a hearing outcome letter with the suspension dates and requirements.

Board members and staff emphasized retraining and offered reinspection as an enforcement step; Hamlett noted that further violations within the 36‑month period would result in escalating penalties.