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Home My WebLink About2016-10-27 Board of Health Packet North Andover Board Of Health Meeting Agenda Thursday, October 27, 2016 7.00 p.m. North Andover Police Department Community Room 1475 Osgood St. - North Andover, MA 01845 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE r III, PUBLIC HEARINGS A. Sam's Mobil Mart—Tobacco Violation IV. APPROVAL OF MINUTES Meeting minutes from August 23,2016. to be presented for signature. V. OLD BUSINESS VI. NEW BUSINESS A. 2017 1301-I Meeting Agenda VII, COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION VIII. CORRESPONDENCE I NEWSLETTERS IX. ADJOURNMENT i 1' 2016 North Andover Board of Health Meeting-Meeting Agenda Page 1 of 1. Note: The]Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; ]Edwin Pease,Member Health Department Sr fE Brian LaGrasse,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public;Health Inspector;Lisa Hadge,Health Department Assistant. S.J. Enterprises, Inc. d/b/a Sam's Mobil 12 Massachusetts Avenue North Andover, MA 01845 October 3, 2016 Clerk-Magistrate Lawrence District Court 380 Common Street Lawrence, MA 01843 Attn: 21D The Honorable Clerk-Magistrate, Enclosed please find a copy of a violation received from the Town of North Andover. At this time I would like to request a hearing at your earliest convenience. Thank you in advance for your assistance with this matter. Sincerely, Samuel J. Ameen, Jr. H �9 C� [j±±� y7« 1 Ft fE i North Andover Health Department Community and Economic Development Division VIA FIRST CLASS POSTAGE October 3,2016 Mobil----SJ Enterprises 12 Massachusetts Ave. North Andover,MA 01845 RE: NOTICE OF HEARING—SALE OF TOBACCO TO A MINOR DATE OF HEARING: THURSDAY, OCTOBER 27,2016 AT 7:00 P.M. Dear Owner/Manager: On September 23, 2016 your establishment was issued ticket#0244 for a second violation (the first violation occurred on December 30,2015)of Section 3.1 of the North Andover Board of Health regulation entitled"REGULATING THE SALE AND USE OF TOBACCO&NICOTINE DELIVERY PRODUCTS" for selling tobacco products to a person under the age of 21. In addition to the issuance of a$200.00 fine,the North Andover Board of Health will hold a hearing to determine if your license to sell tobacco products shall be suspended for a period of seven (7) consecutive business days pursuant to Section 15.1 (b)of the regulations cited above. The hearing will be held on Thursday,October 27,2016 at 7:00 p.m. in the North Andover Police Department conference room, 1475 Osgood Street,North Andover,MA and your presence is requested. If you do not attend,the Board of Health may impose a 7-day suspension of your tobacco sales permit. You are provided this notice to advise you of your right to be present for the hearing and to challenge the allegations, as well as present your own evidence. You also have the right to have a lawyer attend on your behalf. Please contact this office immediately at 978-688-9540 if you have any questions. Sincerer, Z' Ban J. LaGrasse, CENT CC: BOH Director of Public Health File Ron Beauregard Page ] of I North Andover Health Department, 1600 Osgood Street, Suite 2035, North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 Healthy Communities Tobacco Control Program A Boards of Health Partnership Ainesbury 'Andover Newbury Billerica Dracut Newburyport Georgetown North Andover Groveland North Reading Haverhill Rowley Lynnfield Salisbury Methuen Tewksbury Top VI'l,!G~ E 1V ED September 26,2016 G FIRST CLASS POSTAGE I-05LJI 1 Mobil—SJ Enterprises 12 Massachusetts Ave, North Andover,MA 01845 Re.,North Andover Board of Health,Ticket#0244(Tobacco Sales to a Person Under age 2 1) Attn:Manager/Owner. On September 23,2016 your establishment was issued ticket#0242 for a second violation of North Andover Board of Health regulation Section 3.1 entitled"REGULATING ME SALE AmUSE OF TOBACCO&NICOTINE DELIVERY PRODUCTS'for selling tobacco products to a person under the age of 21(the first violation occurred on December 30,2015).As outlined on the ticket,and as explained to you upon issuance of the ticket,you have the following alternatives: 1. Elect to pay the fine(200.00)within 21 days of the date of issuance of the ticket; 2. Elect to contest the matter in a non-criminal proceeding by making a written request within 21 days to the Lawrence District Court,Fenton Judicial Center,2 Appleton Street,Lawrence,MA 01840. FAILURE TO PAY OR CONTEST THE FINE WITIHN 21 DAYS OF vioLATIopi MAY RESULT IN ISSUANCE OF A CRIMINAL COMPLAINT, Under Massachusetts General Laws,Chapter 40,Section 21D(Non-Criminal Disposition Statute),"If any person so noted to appear before the clerk or a district court fails to pay thefifie provided hereunder within the time specy7ed..th e clerk shall notes the enforchigperson who issued the original notice,who shall determine whether to apply for the Issuance of a compliant for the violation of the appropriate ordinance,by-law,rule or regulation, All payments of fines shall be made to the Town Clerk,Town Hall, 120 Main Street,North Andover,MA 01845. If you have already made payment,thank you.Please feel free to contact me if you have any questions regarding this notice. Sincerely, Ronald N.Beauregard Program Director cc: North Andover Health Dept. 36 Bartlet Street,Andover, MA 01810 Tel:978-490-8114 Healthy CommuniffesTobacco Control Program A Boards of Health Partnership Amesbury Andover Billerica Newbury Dracut Newburyport Georgetown North Andover Groveland North Reading Haverhill Rowley Lynnfield Salisbury Methuen Tewksbury Topsfield September 23,2016 RECEIVED FIRST CLASS POSTAGE S F �3 Joe's Variety TOWN OF NO I A11C)OVER 220 Middlesex St. North Andover,MA 01845 Re.,North Andover Board of Health,Ticket#0243 (Tobacco Sales to a Person Under age'2 1) Attn. Manager/Ownev On September 23,2016 your establishment was issued ticket#0243 for a violation of North Andover Board of Health regulation Section 3.1 entitled"REGULATING THE SALE AND USE OF TOBACCO&NICOTINE DELIVEBY PRODUCTS"for selling tobacco 7 products to a person under the age of 21. As outlined on the ticket,and as explained to you upon issuance of the ticket,you have the following alternatives; 1. Elect to pay the fine(100,00)within 21 days of the date of issuance of the ticket; 2. Elect to contest the matter in a non-criminal proceeding by making a written request within 21 days to the Lawrence District Court,Fenton Judicial Center,2 Appleton Street,Lawrence,MA 01840. FAILURE TO PAY OR CONTEST THE FINE WITIIIN 21 DAYS OF VIOLATION MAY RESULT IN ISSUANCE OF A CRIMINAL COMPLAINT. Under Massachusetts General Laws,Chapter 40,Section 21D(Non-Criminal Disposition Statute), "If any person so noted to appear before the clerk or a district court fallito pay the fine provided hereunder within the time spec yled..the clerk shall note the enforcing person who Issued the original notice,who shall determine whether to apply for the issuance of a compliant far the violation of the appropriate ordinance,by-law,rule or regulation. All payments of fines shall be made to the Town Clerk,Town Hall, 120 Main Street,North Andover,MA 01845. If you have already made payment,thank you.Please feel free to contact me if you have any questions regarding this notice. Sincerely, 'ZRaonald N. eau-regard Program Director cc: North Andover Health Dept. 36 Bartlet Street,Andover, MA O�1810 Tel:978-490-8114 y BOARD Community Economic Deveojnctia JA1 O HEALTH - 201 7 HEALTH DEPARTMENT for j t MEEKI G SCHEDULE Porth Aaadove r. vA 0➢t345 TOWN OF NORTH ANDOVER, MASSACHUSETTS MEETING TIME& MEETING AGENDA MELTING DATE LOCATION DEADLINE All meeting dates are held on the Unless otherwise indicated,all All requests to be on the agenda 4`'' r�(. q 'of each inorrth meetings will be held in the must be submitted at 7:170 p.m.,tin less otherwise Second Floor Selectman's IN WRITING-1a days prior to notified.* Meeting Roor at Town the meeting date. Hall,120Main Street See dates indicated below. January 26,2017 See above January 16, 2017 *February 16, 2017 See above February 06,2017 March 23, 2017 See above March 13,2017 April 27, 2017 See above April 17,2017 May 25,2017 See above May 15,2017 June 22, 2017 See above June 12, 2017 July 27,2017 See above ,July 17, 2017 August 24, 2017 See above August 14,2017 September 28, 2017 See above September 18,2017 October 26,2017 See above October 16,2017 *November 16,2017 See above November 6, 2017 i, *December 1 December 4 2017 Decemb 4,201 7 See above "Please note that the regular monthly meetings of the Hoard of Health will be held at the Town Meeting Room at 120 Main Street. Due to unforeseen scheduling conflicts,it may be possible that the meeting location will change. in the event of a meeting location change,a notice will be posted on the Town of North Andover'r✓�lebsite under the Municipal Calendar Section and Public.Notice. Section. Please check with the Health Dept,Assistant at:978.688.9540 or e-mail at:healthdept@northandoverma.goo if you have any questions.