HomeMy WebLinkAboutMiscellaneous - Exception (550)� ��
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Health Department
1600 Osgood Street
Building 20, Suite 2-36
North Andover, MA 01845
TOWN OF NORTH ANDOVER O� ,10RT1� q
Office of COMMUNITY DEVELOPMENT AND SERVICES �r ,•fit``° "`
HEALTH DEPARTMENT -
'40-0
400 OSGOOD STREET # _ —
*
NORTH ANDOVER, MASSACHUSETTS 01845 �'"°�,..o•%�'`c°
9SS�CHUS�� .
Susan Y. Sawyer, REHS/RS 978.688.9540 — Phone
Public Health Director 978.688.9542 — FAX
healthdept@town ofnorthandover.coin
www.townofnorthandover.coni
VIA CERTIFIED AND FIRST CLASS POSTAGE
May 15, 2006
SJ Enterprises (Sam's Mobil)
12 Massachusetts Avenue
North Andover, MA 01845
RE: Tobacco Hearing — Thursday, May 25, 2006 — Ticket #0210 (Tobacco Sales to Minors)
To Whom It May Concern:
On March 24, 2006, your establishment sold tobacco products to a minor working with the Healthy Communities
Tobacco Control Program for routine compliance checks. This action represents a violation of Section D. Lof the
Town of North Andover Board of Health's "Regulations Affecting Smoking in Certain Places and Youth Access to
Tobacco."
As a result of this second violation (the first violation occurred on June 22, 2005), the North Andover Board of
Health has scheduled a public hearing for Thursday, May 25, 2006 at 7:00 mm. in the second floor conference
room at the Town Hall building at 120 Main Street, North Andover.
The purpose of this hearing will be for the Board of Health to consider action relative to the suspension of your
tobacco sales permit.
Per Section J.I.b. - "In the case of a second violation within 24 months of the date of the first violation, a
fine of two hundred dollars ($200) and the permit shall be suspended for 7 consecutive business days.
In addition, Section J.2 of the Tobacco Regulations states:
"If an employee of the licensed establishment violates Section D.1, and the employer provides proof of
compliance to Section #E.7 ... the Board of Health Agent may issue a fine not to exceed $50.00 to the
employee who committed the tobacco sale violation.
You and/or your legal counsel are hereby ORDERED to be present at this hearing in order to respond to inquiries or
present evidence relative to the Board's deliberation. Failure to appear may result in an immediate suspension of
your permit to sell tobacco.
Please contact this office at (978) 688-9540 if you have any questions, comments or concerns.
Sincere]
an Y. Sawyer, REHS/RS�.
Health Director
cc: North Andover Board of Health Members
Ron Beauregard, Director, Healthy Communities
04/24/2006 11:51 FAX 978 409 6122 HEALTHY COMMUNITIES
Healthy Communities Tobacco Control Program
A Boards of Health Partnership
Andover
Dracut
Lynnfieldu MA� I
Haverhill
Methuen s
Middleton h n
FIRST CLASS POSTAGE
k
March 27, 2006
SJ Enterprises (Sam's Mobil) 0 u
12 Mass Ave.
North Andover, MA 01845 IN"'
fA 001
North Reading
North Andover
Reading
Stoneham
Topsfield
Newburyport
4�, 1 1-u 7
S
p eg4
11 t
Re: North Andover Board of Health, Ticket # 0210 (Tobacco Sales To Minors)
Attn: Manager/Owner:
On March 24, 2006 your establishment was issued ticket #0210 for a second violation of North Andover Board
of Health "Regulations Affecting Smoking in Certain Places and Youth Access to Tobacco," Section D.1., for
selling tobacco products to a minor (the first violation occurred on June 22, 2005). 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 wITHIN 21 DAYS OF VIOLATION
MAY RESULT IN ISSUANCE OF A CRIMINAL COMPLAINT.
Under Massachusetts General Laws, Chapter 40, Section 2 1 D (Non -Criminal Disposition Statute), "If any
person so notified to appear before the clerk or a district court fails to pay the fine provided hereunder within the
time specified... the clerk shall notify the enforcing person 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. "
In addition to the fine assessed against the establishment, the employee who made the sale is potentially subject
to a fine of $50.00 (fifty) dollars under Section J.2. of the aforementioned regulations (enclosed). If the employer
wishes to produce a signed statement dated prior to the date of sale, indicating that the employee making the sale
had read the enclosed regulations and state laws regarding the sale of tobacco, then said statement should be
forwarded to our office and a ticket to the employee individually will be issued forthwith.
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
20 Main Street, Andover, MA 01810
Tel: 97&749-$999
01/16/2007 09:34 FAX 978 409 6122 HEALTHY COMMUNITIES
Healthy Communities Tobacco Control Program
Andover
Dracut
Lynnfield
Haverhill
Methuen
Topsfield
FIRST CLASS POSTAGE
Market Basket
350 Winthrop Ave.
North Andover, MA 01845
A Boards of Health Partnership
JAN 16 2007
TOWN OF NORTH ANDOVER
HEALTH DEPARTMENT
January 16, 2007
North Reading
North Andover
Reading
Stoneham
Newburyport
Middleton
Re: North Andover Board of Health, Ticket # 0212 (Tobacco Sales To Minors)
Attn: Manager/Owner:
R001
On January 12, 2007 your establishment was issued ticket #0212 for a violation of North Andover Board of
Health "Regulations Affecting Smoking in Certain Places and Youth Access to Tobacco," Section D.1., for selling
tobacco products to a minor. 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 WITHIN 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 notified to appear before the clerk or a district court fails to pay the fine provided hereunder within the
time specified... the clerk shall notify the enforcing person who issued the original notice, who shall determine
whether to apply far the issuance of a compliant for the violation of the appropriate ordinance, by-law, rule or
regulation. "
In addition to the fine assessed against the establishment, the employee who made the sale is potentially subject
to a fine of $50.00 (fifty) dollars under Section J.2, of the aforementioned regulations (enclosed). If the employer
wishes to produce a signed statement dated prior to the date of sale, indicating that the employee making the sale
had read the enclosed regulations and state laws regarding the sale of tobacco, then said statement, including the
name and the address of the employee, should be forwarded to our office and a ticket to the employee individually
will be issued forthwith,
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.
4onaldN. Beauregar
Program Director
cc: North Andover Health Dept.
20 Main Street, Andover, MA 01810
Tel: 978-749-8999
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City, SIaii,'Z"I'P-+--4
Certified Mail Provides: + + (esrenay) aooa eunr uss twos Sd
■ A mailing receipt
s A unique identifier for your mailpiece
■ A record of delivery kept by the Postai Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail&
■ Certified Mail is not available for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is
required.
in For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted-Delivery".
a If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt andpresent it when making an inquiry.
Internet access to delivery information is not available an mail
addressed to APOs and FPOs.
y .w
EM
�IN17iEt� �7G�TES
RAW POSIU SERVICE
***** WELCOME TO
WARD HILL STA
WARD HILL, MA 01835-9992
05/15/06 04:50PM
Store USPS Trans 99
Wkstn sys5002 Cashier KBD4CW
Cashier's Name LESLEY
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TOWN OF NORTH ANDOVER pORTN
Office of COMMUNITY DEVELOPMENT AND SERVICES 3roe'S`.o ° "`
HEALTH DEPARTMENT ti
s
400 OSGOOD STREET *�
NORTH ANDOVER, MASSACHUSETTS 01845 4�"°��..o��''`c`
4SS�CH�SE�
Susan Y. Sawyer, REHS/RS 978.688.9540 — Phone
Public Health Director 978.688.9542 — FAX
healthdeptCtownofnorthandover.com
www.townofiiorthandover.coni
VIA CERTIFIED AND FIRST CLASS POSTAGE
May 15, 2006
Super Stop & Shop
757 Turnpike Street
North Andover, MA 01845
RE: Tobacco Hearing — Thursday, May 25, 2006 — Ticket #0211 (Tobacco Sales to Minors)
To Whom It May Concern:
On April 21, 2006, your establishment sold tobacco products to a minor working with the Healthy Communities
Tobacco Control Program for routine compliance checks. This action represents a violation of Section D. l .of the
Town of North Andover Board of Health's "Regulations Affecting Smoking in Certain Places and Youth Access to
Tobacco."
As a result of this fourth violation (the first violation occurred on June 2, 2004, the second on August 26, 2004
and the third on August 26, 2005), the North Andover Board of Health has scheduled a public hearing for
Thursday, May 25, 2006 at 7:00 p.m. in the second floor conference room at the Town Hall building at 120 Main
Street, North Andover.
The purpose of this hearing will be for the Board of Health to consider action relative to the suspension of your
tobacco sales permit.
Per Section J.I.C. - "In the case of three or more violations within a 24 month period of the date of the
first offense, a fine of three hundred dollars ($300) and the permit shall be suspended for 30 consecutive
business days.
In addition, Section J.2 of the Tobacco Regulations states:
"If an employee of the licensed establishment violates Section D.1, and the employer provides proof of
compliance to Section #E.7... the Board of Health Agent may issue a fine not to exceed $50.00 to the
employee who committed the tobacco sale violation.
You and/or your legal counsel are hereby ORDERED to be present at this hearing in order to respond to inquiries or
present evidence relative to the Board's deliberation. Failure to appear may result in an immediate suspension of
your permit to sell tobacco.
Please contact this office at (978) 688-9540 if you have any questions, comments or concerns.
Sincerely,
'Susan . Sawyer, REHS/RS
Health Director
cc: North Andover Board of Health Members
Ron Beauregard, Director, Healthy Communities
11/23/2011 10:23 FAX 978 409 6122 HEALTHY COMMUNITIES 2001
� o�p
Healthy CommunitieS Tobacco Control Program 5L
A, Boards of Health Partnership
Amesbury
Andover
Billerica
Newbury
Dracut
Newburyport
Georgetown
North Andover
Groveland
North Reading
Haverhill
Rowley
lynnfield
Salisbury
Methuen
Tewksbury
Tups0eld
November 23, 2011
FIRST CLASS POSTAGE
Stop and Shop
757 Turnpike St,
North Andover, MA 01845
Re: North Andover Board of Hcalth, Ticket # 0228 (Tobacco Sales To Minors)
Attn' Manager/Owner:
On November 22, 2011 your establishment was issued ticket #0228 for a violation of North Andover Board of
Health regulation Section 2(a) entitled "Article X Tobacco Control Regulations" for selling tobacco products to a
minor. 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.
FAMURF.. TO PAY OR CONTEST THE FINE WITHIN 21 DAYS OF VIOLATION
MAY RESULT IN ISSUANCE OF A CRIMINAL COMPLAINT.
Under Massachusetts General Laws, Chapter 40, Section 211)(Non-Criminal Disposition Statute), "If any
person so notified to appear before the clerk or a district court fails to pay the fine provided hereunder within the
time specified... the Clerk shall notify the enforcing person who issued the original notice,, who shall determine
whether to apply for the issuance of a con:pliant for the violation of the appropriate ordinance, bylaw, rule or
regulation, "
All payments of fines shall be made to the Town Clerk, Town Hall, 120 Main Street, North Andover, MA
01.845. If you have already made payment, thank you.
please feel free to contact me ifyou have any questions regarding this notice.
Sit rely
Ronald N. Beauregard
Program Director,
cc: North. Andover Health Dept.
20 Main Street, Andover, MA 01810
Tel: 978-749-8999
North Andover Health Department
(ommunity Development Division
June 19, 2012
Stop & Shop Supermarket Co., LLC — Store #92
Attn: Licensing Department
1385 Hancock Street
Quincy, MA 02169
RE: Consideration of Request to Discontinue Tobacco Sales in Pharmacies
To Whom It May Concern:
This letter serves to inform you that the North Andover Board of Health recently considered an
amendment of the local tobacco sales regulation. The Board's primary interest in this matter is to
limit the access of under -age youths to cigarette products. A report by the US Surgeon General in
March 2012 describes an epidemic of tobacco use among youth ages 12 through 17 and young
adults ages 18 to 25. Tobacco use by youth and young adults leads to nicotine addiction, which
can lead to severe health consequences. These effects include cardiovascular damage, reduction
of lung function, and development of various cancers. One-third of youth who smoke into
adulthood will die prematurely from smoking.
The Board considers that the sale of tobacco is inconsistent with the mission of a health care
institution, such as a pharmacy, where medical advice and services are dispensed. The Board is
concerned that the prominent display and sale of tobacco products in a pharmacy, or other health
care facility, sends an approving message to the public, and to the more impressionable youth,
that tobacco use is really not an unhealthy activity.
At the April meeting, the Board considered a regulation to prohibit the sale of tobacco products
in local pharmacies. We prefer to maintain a cooperative approach to health matters and have
chosen not to enact such a regulation at this time. We are asking that you consider a
discontinuation of tobacco sales in your establishment, in consideration of the above points, and
replace them with health promoting products. In lieu of this step, consider removing tobacco
sales display from a prominent position in your counter area.
Page 1 of 2
North Andover Health Department, 1600 Osgood Street, Building 20, Suite 2-36,
North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476
Tobacco Sales in Pharmacies
June 19, 2012
If you are unable to perform the above, we ask for a reasonable explanation of your store's need
to maintain the current sales display. The Board is very interested in this matter, and we ask for
your written reply by July 16, 2012, after which the Board expects to consider this matter again.
You may send your feedback and explanation to: bealthdept@townofnorthandover.com. If you
have any questions with regard to this request, please call the Health Department directly at: 978-
688-9540, and speak with Susan Sawyer; Public Health Director. Thank you for your careful
consideration of this important health issue.
Sincerely,
Thomas A. Trowbridge, DDS, MD
Board of Health Chairman, Town of North Andover
cc: File
Local Store Manager
Board of Health Members
Page 2 of 2
North Andover Health Department, 1600 Osgood Street, Building 20, Suite 2-36,
North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476
North Andover Health Department
1600 Osgood Street
Building 20, Suite 2-36
North Andover, MA 01845
978.688.9540 - Phone
978.688.8476 — Fax
healthdept(aD-townofnorthandover.com - E-mail
www.townofnorthandover.com - Website
Letter of Transmittal
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FROM: Pamela Delle(hiaie, Health Department Assistant
Phone: 1Z 7a&'11- / 16/D
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We are sending you. O Copy of Letter OPlans 0"0thertfill in below)
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REMARKS:
COPY TO:
COPY TO:
SIGNED:
COPY TO:
TRANSMISSION VERIFICATION REPORT
TIME
05/2312006 11:02
NAME
HEALTH
FAX
9786888476
TEL
9786888476
SER.#
000B4J120960
DATE DIME
05123 11:01
FAX NO./NAME
816177207877
DURATION
00:00:43
PAGE{S}
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RESULT
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Super Stop & Shop - 757 Turnpike Street, North Andover V"dl
Hearing notice was read aloud by Mr. Markey, Chairman. Maria Diaz, Store Manager was
present. Ms. Diaz has been the Store Manager for approximately a month and a half. She
states that it is unfortunate that a month prior to her getting the position this incident
occurred. All associates who are employed by Super Stop and Shop are required to sign
store policies notifying them of the rules and regulations in the store, and to agree to the
stipulations in compliance with the union guidelines. The store has every single associate
sign a statement that they understand all policies. Ms. Diaz stated that it is made clear to
new employees how important it is to card and get identification from customers who don't
look over 18 years of age. Ms. Diaz presented signed sheets from all of the associates. The
young lady in question was suspended. In addition to that their government agency had to
be notified. Signs were posted regarding tobacco sales. The tobacco area was moved to
limit the access of associates who sell tobacco. This is a test store, and the New Hampshire
stores have it as well. This arrangement limits theft and the amount of people who have
access to selling tobacco. Ms. Sawyer states that the Health Department received one call
about the visibility of the tobacco case being at the height of minors. However, this is a
locked, separate area, and is more likely to deter sales rather than increase sales. In addition,
the business agent from the union was contacted by the employee after she was suspended.
Dr. Trowbridge states that he appreciates the efforts of Ms. Diaz. Dr. Trowbridge
moves for the standard fine of $200 and a five (5) day suspension in light of
management efforts to push for tobacco regulation compliance. Ms. Barczak seconded
the motion. All were in favor.
Hearing j•C,v 11121, /pl �/s'
This hearing is the result of a third violation by Super Stop & Shop, 757 Turnpike Street,
North Andover, MA 01845 of North Andover Board of Health "Regulations Affecting
Smoking in Certain Places and Youth Access to Tobacco," Section D.1, for selling tobacco
products to a minor (the first violation occurred on June 2, 2004 and the second violation
occurred on August 26, 2004).
Ron Beauregard appeared to present the case for above. On August 26th, Friday afternoon,
at 3:10 p.m, the students entered in their ordinary fashion, emptying pockets, and attempt to
buy cigarettes with no identification. Mr. Beauregard observed the student go into the
establishment 5-10 minutes after, purchased Newport cigarettes for $6.29. He then met with
the Manager, who was also present at the hearing. The clerk was a young adult female. A
discussion ensued regarding the appropriate concern regarding the transaction. A couple of
other discussions ensued regarding displays, etc. The regulations do provide for a $300 fine,
and a suspension for 30 days. This afternoon, a tobacco control advisory meeting was held
and attended by Susan Sawyer, and Mr. Bearuregard. The goal of Healthy Communities is
to work with retailers to reduce sales. A time will be set to meet with all employees for
additional training. Mr. Beauregard welcomes ideas for a reduced suspension, such as
single register sales, as too many registers encourages the chances of a sale.
The manager, Ms. Diaz, is advocating to move the tobacco corral at the service desk. The
front end employees have been spoken to again about tobacco sales to minors. Dr.
Trowbridge notes that the fine has been paid, and Mr. Beauregard suggests a 2 week
suspension, rather than 30 days. Ms. Diaz states that all associates will be carding each
customer purchasing cigarettes. Only a few associates will be allowed to sell tobacco
products from now on. The employee who sold was terminated, and all new associates sign
a form stating that if they sell tobacco to a minor they will be terminated.
Motion
Ms. Barczak made a motion to reduce the suspension from 30 days to 14 business days, in
light of the fact that there is an active plan to reduce sales to minors within the store. The
fee was paid. Dr. Trowbridge seconded the motion.
Surer Ston & Shon - 757 Turnpike Street. North Andover lo,//ax/ .
Hearing notice was read aloud by Mr. Markey, Chairman. Maria Diaz, Store Manager was
present. Ms. Diaz has been the Store Manager for approximately a month and a half. She
states that it is unfortunate that a month prior to her getting the position this incident
occurred. All associates who are employed by Super Stop and Shop are required to sign
store policies notifying them of the rules and regulations in the store, and to agree to the
stipulations in compliance with the union guidelines. The store has every single associate
sign a statement that they understand all policies. Ms. Diaz stated that it is made clear to
new employees how important it is to card and get identification from customers who don't
look over 18 years of age. Ms. Diaz presented signed sheets from all of the associates. The
young lady in question was suspended. In addition to that their government agency had to
be notified. Signs were posted regarding tobacco sales. The tobacco area was moved to
limit the access of associates who sell tobacco. This is a test store, and the New Hampshire
stores have it as well. This arrangement limits theft and the amount of people who have
access to selling tobacco. Ms. Sawyer states that the Health Department received one call
about the visibility of the tobacco case being at the height of minors. However, this is a
locked, separate area, and is more likely to deter sales rather than increase sales. In addition,
the business agent from the union was contacted by the employee after she was suspended.
Dr. Trowbridge states that he appreciates the efforts of Ms. Diaz. Dr. Trowbridge
moves for the standard fine of $200 and a five (5) day suspension in light of
management efforts to push for tobacco regulation compliance. Ms. Barczak seconded
the motion. All were in favor.
■ Complete items 1, 2, and 3. Also complete A. Received by (Please Print Clearly) I B. Date of Pelivery
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item 4 if Restricted Delivery is desired. ' QJ (" I '� 1 /O
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Super Stop & Shop
Attn: Manager
757 Turnpike Street
North Andover, MA 01845 T3.
Serv' e Type
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2. Article NuLnber (Copy iram See,.Zabel)
PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952
c�
UNITED STATES POSTAL SERVIC SSS-
Permit N(5"10-1,0
i 10 SEP
• Sender: Please print-y"8b name`, address, and ZIP+4-in this box •
BOARD OF HEALTH
27 CHARLES STREET
NORTH ANDOVER, MA 01845
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Name (Please Print Clearly) (To be completed by mailer)
Super Stop & Shop
---------------------------------------•-----•-------------------------------------------------
str,�e,gpr. Turnpike Street
crty,srare,z�P+a �Ior£ Andover, MA �I-$-4.5-
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Name (Please Print Clearly) (To be completed by mailer)
Super Stop & Shop
---------------------------------------•-----•-------------------------------------------------
str,�e,gpr. Turnpike Street
crty,srare,z�P+a �Ior£ Andover, MA �I-$-4.5-
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TOWN OF NORTH ANDOVEII
Office of COMMUNITY DEVELOPMENT AND SERVICES
HEALTH DEPARTMENT
27 CHARLES STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Susan Y. Sawyer, REHS/RS
Public Health Director
VIA CERTIFIED AND FIRST CLASS POSTAGE
Super Stop & Shop
757 Turnpike Street
North Andover, MA 01845
978.688.9540 — Phone
978.688.9542 — FAX
September 7, 2004
RE: Tobacco Hearing —Thursday, September 23, 2004, 7:00 p.m., DPW Building, 384 Osgood Street, North
Andover, MA 01845
To Whom It May Concern:
On Thursday, August 26, 2004, your establishment sold tobacco products to a minor working with Healthy
Communities Tobacco Control Program for routine compliance checks. This action represents a violation of Section
D.1 of the Town of North Andover Board of Health's "Regulations Affecting Smoking in Certain Places and Youth
Access to Tobacco."
As a result of this second violation (the first violation had occurred on June 2, 2004), the North Andover Board
of Health has scheduled a public hearing for Thursday, September 23, 2004 at 7:00 p.m. in the conference room of
the North Andover Department of Public Works, located at 384 Osgood Street, North Andover.
The purpose of this hearing will be for the Board of Health to consider action relative to the suspension of your
tobacco sales permit. Since this is your establishment's second violation of Section D.1., your permit to sell
tobacco is subject to suspension of seven (7) consecutive business days in accordance with Section J.1.b.
You and/or your legal counsel are hereby ORDERED to be present at this hearing in order to respond to inquiries or
present evidence relative to deliberation by the Board of Health. Failure to appear may result in an immediate
suspension of your permit to sell tobacco.
Please contact this office at 978.688.9540 if you have any questions, comments or concerns.
Sincerely,
Susan Y. Sawyer, ZIRS
Public Health Director
Xc: Board of Health Members
Ron Beauregard, Director, Healthy Communities
Tom Urbelis, Town Counsel
File
08/27/2013 09:13 FAX 978 409 6122 HEALTHY COMMUNITIES 16001
•e
r
Healthy Communities Tobacco Control Program
A Boards of Health partnership
Andover North Reading
Dracut
eading
Methuen Stoneham
Middleton Tepsfleld
North Andover
jE1 F-IVED
1,
AUG 2 7 2004
August 27, 200
TOWe 0fi l i f'WR Ni' ANDOVER
Super Stop and Shop
757 Turnpike Street
North Andover, MA 01845
Re: North Andover Board of Health, Ticket 9 0188 (Tobacco Sales To Minors)
Attn: Manager/Owner:
On August 26, 2004 your establishment was issued ticket 110188 for a violation (second offense) (tbe first
offense occurred on June 2, 2004) of North Andover Board of Health "Regulations Affecting Smoking in Certain
Places and Youth Access to Tobacco," Section D.1., for selling tobacco products to a minor. 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 WITHIN 21 DAYS OF VIOLATION
MAY RESULT IN ISSUANCE OF A CRIMINAL COMPLAINT,
Linder Massachusetts General Laws, Chapter 40, Section 21D (Non -Criminal Disposition Stattne), "/jury
person so nom W to appear before the clerk or a district court jells to pay the fine provided hereunder within this
time speclJied...the clerk shall notify the enforcing person who issued the original notice, who shall determine
whethero apply for the issaaace of a coarpliant for the violation of the appropriate ordinance, by 4aw, rale or
"
All payments of fines shalt be made to the Town Clerk, Town Hall, 120 Main Street, North Andover, MA
01845. If you have already made payment, thank you.
Plmse feel free to contact me if you have any questions regarding this notice.
cere ,
5
Ronald N. Beauregar
Program Director
20 Main Street, Andover, MA 01810
Tel: 978-749-8999
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
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Article Addressed to:
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D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. SServii Type
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❑ Registered ❑ Return Receipt for Merchandise
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PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POSTAL SERVICE
' Sender: Please print your name, address, ar
Health Department
400 Osgood Street
North Andover, MA 01845
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
Eli(Dmest►c;"Ma►IOnly
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e A mailing receipt
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TOWN OF NORTH ANDOVER
Office of COMMUNITY DEVELOPMENT AND SERVICES �� e`,"`0
HEALTH DEPARTMENT °
400 OSGOOD STREET +10
NORTH ANDOVER, MASSACHUSETTS 01845
Susan Y. Sawyer, REHS/RS
Public Health Director
VIA CERTIFIED AND FIRST CLASS POSTAGE
Super Stop & Shop
757 Turnpike Street
North Andover, MA 01845
978.688.9540 — Phone
978.688.9542 — FAX
healthdeptEi?townofnorthandover.com
www.townofnorthandover.coni
October 6, 2005
RE: Tobacco Hearing — October 27, 2005 — Ticket #0201 (Tobacco Sales to Minors
To Whom It May Concern:
On August 26, 2005, your establishment sold tobacco products to a minor working with Healthy Communities
Tobacco Control Program for routine compliance checks. This action represents a violation of Section D.1. of the
Town of North Andover Board of Health's "Regulations Affecting Smoking in Certain Places and Youth Access to
Tobacco."
As a result of this third violation (the first violation occurred on June 2, 2004, the second violation occurred on
August 26, 2004), the North Andover Board of Health has scheduled a public hearing for Thursday, October 27,
2005 at 7:00 p.m. in the second floor conference room at the Town Hall building at 120 Main Street, North
Andover.
The purpose of this hearing will be for the Board of Health to consider action relative to the suspension of your
tobacco sales permit.
Per Section J. l .c. - "In the case of three or more violations within a 24 month period from the date of the
first offense, a fine of three hundred dollars ($300) and the permit shall be suspended for 30 consecutive
business days."
In addition, Section J.2 of the Tobacco Regulations states:
"If an employee of the licensed establishment violates Section D.1, and the employer provides proof of
compliance to Section #E.7 ... the Board of Health Agent may issue a fine not to exceed $50.00 to the
employee who committed the tobacco sale violation.
You and/or your legal counsel are hereby ORDERED to be present at this hearing in order to respond to inquiries or
present evidence relative to the Board's deliberation. Failure to appear may result in an immediate suspension of
your permit to sell tobacco.
Please contact this office at (978) 688-9540 if you have any questions, comments or concerns.
Since 1
' Syn Sawyer h .
health Director
cc: North Andover Board of Health Members
Ron Beauregard, Director, Healthy Communities
Tom Urbelis, Town Counsel
c, /,'-"// , ��� 4'es--
Hearing
This hearing is the result of a third violation by Super Stop & Shop, 757 Turnpike Street,
North Andover, MA 01845 of North Andover Board of Health "Regulations Affecting
Smoking in Certain Places and Youth Access to Tobacco," Section D.1, for selling tobacco
products to a minor (the first violation occurred on June 2, 2004 and the second violation
occurred on August 26, 2004).
Ron Beauregard appeared to present the case for above. On August 26th, Friday afternoon,
at 3:10 p.m, the students entered in their ordinary fashion, emptying pockets, and attempt to
buy cigarettes with no identification. Mr. Beauregard observed the student go into the
establishment 5-10 minutes after, purchased Newport cigarettes for $6.29. He then met with
the Manager, who was also present at the hearing. The clerk was a young adult female. A
discussion ensued regarding the appropriate concern regarding the transaction. A couple of
other discussions ensued regarding displays, etc. The regulations do provide for a $300 fine,
and a suspension for 30 days. This afternoon, a tobacco control advisory meeting was held
and attended by Susan Sawyer, and Mr. Bearuregard. The goal of Healthy Communities is
to work with retailers to reduce sales. A time will be set to meet with all employees for
additional training. Mr. Beauregard welcomes ideas for a reduced suspension, such as
single register sales, as too many registers encourages the chances of a sale.
The manager, Ms. Diaz, is advocating to move the tobacco corral at the service desk. The
front end employees have been spoken to again about tobacco sales to minors. Dr.
Trowbridge notes that the fine has been paid, and Mr. Beauregard suggests a 2 week
suspension, rather than 30 days. Ms. Diaz states that all associates will be carding each
customer purchasing cigarettes. Only a few associates will be allowed to sell tobacco
products from now on. The employee who sold was terminated, and all new associates sign
a form stating that if they sell tobacco to a minor they will be terminated.
Motion
Ms. Barczak made a motion to reduce the suspension from 30 days to 14 business days, in
light of the fact that there is an active plan to reduce sales to minors within the store. The
fee was paid. Dr. Trowbridge seconded the motion.
Cd"
CIRAhold Financial Services
P.O. Box 7200
Carlisle, PA 17013
October 5, 1999
Dear Controller:
The purpose of this letter is to reiterate upcoming changes as a result of the implementation of
Ahold Financial Services (AFS), a shared services center for transactional financial processes
for all Ahold USA operating companies. This implementation begins with The Stop & Shop
Supermarket Co. on October 10, 1999.
The attached outlines the procedures to be followed when invoicing Stop & Shop for shipments
made to stores and other authorized destinations. A matrix is provided that links the current
mailing addresses to the "new" addresses for AFS. In addition, remittance procedures are
included for payments that are made to Stop & Shop.
Your participation in updating your systems with the new invoicing and payment addresses will
ensure you continue to receive timely processing of your transactions. Please copy and distribute
the attached "Invoicing & Payment Procedures" to the appropriate members of your staff.
These procedures are effective for deliveries after October 10.
If you have any questions or concerns with the attached, please contact AFS at (717) 960-1700.
Thank you for your support through this transition.
Sincerely,
124� �f --Z
Brian Fields
President, Ahold Financial Services
Effective for deliveries after October 10, 1999
Invoicing & Payment Procedures for All Goods and Services
1. Invoicing for All Goods Delivered
• Store delivery invoices must be stamped with Stop & Shop approved proof of delivery
• Non -store and non -warehouse delivery invoices must be accompanied by a proof of delivery or authorization by the
individual or department that received the goods
• Payment may be delayed for invoices submitted without proper proof of delivery or authorization
• Invoices and proof of delivery should be sent to the "new" addresses listed below
• If you send correspondence to an address other than those identified below, please continue to use the current
address unless otherwise advised
CURRENT
"NEW" (use after 10/10/99)
Stop & Shop
Ahold Financial Services
Direct Payables
Direct Payables
PO Box 512
PO Box 7700
Boston, MA 02105
Carlisle, PA 17013
Stop & Shop
Ahold Financial Services
Warehouse Payables
Warehouse Payables
PO Box 993
PO Box 7600
Boston, MA 02103
Carlisle, PA 17013
Stop & Shop
Warehouse Payables
PO Box 1193
Boston, MA 02103
Stop & Shop
Warehouse Payables
PO Box 1169
Boston, MA 02103
Stop & Shop
Ahold Financial Services
Fixed Assets Payables
Fixed Assets Payables
PO Box 1280
PO Box 7800
Boston, MA 02104
Carlisle, PA 17013
Stop & Shop
Ahold Financial Services
Expense Payables (Inc. Utilities)
Expense Payables (Inc. Utilities)
PO Box 1869
PO Box 7500
Boston, MA 02105
Carlisle, PA 17013
2. Invoicing for All Services Provided
• Store -service invoices require a store -stamped proof of performance
• Payment may be delayed for invoices submitted without proper proof of performance
• Invoices for services initiated by a purchase order should be sent to the address indicated on the purchase order,
along with proof of performance
• Invoices for services NOT initiated by a purchase order, should be sent to the address indicated by the individual or
department that authorized your contract or service
3. Payments Due to Stop & Shop
• Payments should continue to be sent to the current lockbox address
• Correspondence should be sent to the appropriate "new" address listed below
CURRENT
"NEW" (use after 10/10/99)
Stop & Shop
Stop & Shop
Ahold Financial Services
Accounts Receivable
Accounts Receivable
Accounts Receivable
PO Box 1942
PO Box 422
PO Box 7200
Boston, MA 02105
Boston, MA 02102
Carlisle, PA 17013
4. EDI mailbox addresses will be unaffected
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street
North Andover, Massachusetts 01845
NORTH ANDOVER BOARD OF HEALTH
PROCEDURE FOR OPENING A NEW FOOD ESTABLISHMENT
1. Obtain from the Board of Health the following:
a) "New" Food Establishment checklist and Plan Review packet
b) Application for a Food Establishment
c) Dumpster Permit Application
d) Tobacco Sales Permit Application (when called for)
2. Submit scaled floor plan of establishment with particular emphasis on kitchen/food
prep areas. All equipment must be identified and equipment specification sheets
provided. A plan review fee of $50.00 shall accompany this submission.
3. After the floor plan has been reviewed and approved by Board of Health personnel, a
Form U may be signed and construction can begin.
4. The applications to operate a food establishment, maintain a dumpster and to sell
tobacco may be submitted with their associated fees at any time during this process.
S. Prior to certificate of OccupancX sign -off by the Building Department, the Board of
Health shall inspect the facility for agreement with the proposed plan with reference to
equipment and location, finishes on walls, floors, and ceilings, lighting and any other
particular items.
6. After the certificate of occupancy is signed an appointment shall be made with the
Board of Health for a pre -opening inspection. This inspection must be made and the
permit to operate a food establishment signed & presented to managementrp for to
opening the facility. It would be appreciated if the appointment was requested at least
3 days before the targeted opening date.
13, NA nc Ar.:1TAT[! CQC IC,f-, WTTiOrINMITUITA'Mr-,N1 688-9510 T-TFAUFW 6RR-95M PT gTfT Wr, 5R8-9535
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
146 Main Street
North Andover, Massachusetts 01845
WILLIAM J. SCOTT
Director
STOP AND SHOP PROJECT
RT #114 & WILLOW STREET
NORTH ANDOVER, MA
REQUIRED FORMS AND PERMITS
Building
1. Copy of Mass. Highway entry permit
2. Signed off Form "U" (Lot Release)
3. Peer Review Affidavit '
4. Signed 116.0 Control Construction Affidavit
5. Copy of construction supervisor license (the supervisor must
present in person)
6. Signed Workman Compensation Affidavit
7. Building Permit Application (completely filled out)
a) Copy of contract to establish fee
8. Gas Permit Application
9. Plumbing Permit Application
10. Electric Permit Application
11. Mechanical Permit Application
Demolition
1. Signed Workman Compensation Affidavit
2. Liability Insurance Certificate - (Hold Town Harmless)
3. Demolition of Building Affidavit
4. Signed Disposal Debris Affidavit (Legal Landfill)
5. Demolition Permit Application
Miscellaneous
1.
BOARD OF APPEALS 688-9541
Construction office and storage trailer permit (s)
2/4/98
BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540
PLANNING 688-9535
TOWN OF NORTH ANDOVER
SYSTEM PUMPING RECORD
DATE: 0?02
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DATE OF PUMPING: / QUANTITY PUMPED g000 GALLONS
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NATURE OF SERVICE: ROUTINE _� EMERGENCY
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COMMENTS:
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CONTENTS TRANSFERRED TO: C-�arvcr
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NATURE OF SERVICE: ROUTINE _k:-�' EMERGENCY
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NATURE OF SERVICE: ROUTINE _Z EMERGENCY
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