6 stores cited for violating tobacco regulations

Jul 20, 2016

One penny cost Fivestar Gateway Gas $300 and a 30-day suspension of its tobacco permit on Wednesday.

The Board of Health fined Fivestar Gateway Gas $300 and suspended the store’s tobacco license after a state inspector purchased a single cigar for $2.49, which is one cent less than allowed by new tobacco bylaws.

Effective April 1, the regulations prohibit the sale of cigars and cigarettes to anyone younger than 21. The rules also raised the price of cigars to no less than $2.50, regardless of how cheap they are to buy.

This is the store’s third tobacco violation since the regulations went into effect.

Under town bylaws, a first offense results in a $300 fine, a second offense in a $300 fine and seven-day suspension on selling tobacco and a third offense is a $300 fine and a 30-day suspension.

Board of Health members were confounded as to why the business sold the cigar one cent below the regulated price.

“When we saw this we all groaned,” said Chair Amy Wiegandt. “This is stupidity.”

Initially, some board members considered waiving the fine. Member Thomas Gleason said, “a $300 fine and loss [of the tobacco permit] for a penny? I don’t think so. Why don’t we give them a warning?”

The idea was shot down after the owner of another store that was fined protested at the meeting. The board then approved the punishment.

“I think they have to pay just like everyone else,” said member Catherine Phinney.

Fivestar Gateway Gas manager Raza Ali arrived to the meeting after the board voted on the fine and suspension. Ali asked if he could appeal the decision, and he was told no.

Board members questioned why the cigar was priced one cent less then what’s allowed.

Ali said: “It was a very, very honest mistake. I really don’t have an explanation.”

Health Agent Robert Ethier said Fivestar Gateway Gas has been visited 15 times for tobacco regulation complaints. On those occasions copies of the new regulations were delivered and explained, Ethier said.

As a result, all tobacco products will be removed from the store until the suspension is complete.

“Maybe somebody will quit smoking because of this,” said Wiegandt.

In addition to Fivestar Gateway Gas, four other business received $300 fines for selling cigars less than $2.50. A fifth business received a $300 fine and lost its tobacco permit for seven days.

Businesses that received fines were: Cape Cod Gas, Cranberry Plaza Mobil, Oak Grove Package Store and Route 6 Fuel Company. The Liquor Locker received a $300 fine and a seven-day suspension for a second offense.

All of the citations were related to selling cigars for less than allowed by town bylaw.